Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/18570912-f810-4e25-bf30-a765a8364b89/homepage

Address of the buyer profile: www.ski.dk

Framework Agreement — Air Journeys

The tendering procedure is conducted as an open procedure in accordance with the Danish Public Procurement Act (udbudsloven) (Act nº 1564 of 15 December 2015). The Framework Agreement concerns air journeys and includes a wide range of routes aiming to best possible satisfy the needs of all SKI's customer segments on the basis of SKI's and SKI's customers' knowledge at the time of invitation to tender. The Framework Agreement is entered into between SKI and the supplier. SKI’s customers are original parties to the Framework Agreement and the parallel Framework Agreements and may therefore use these agreements and comply with their tendering obligation.

The Framework Agreement is an agreement with multiple suppliers where each route will be awarded to three suppliers on the basis of the award criterion "Best price-quality ratio". Each route put up for tender is, in legal terms, considered a separate lot which will be evaluated, awarded and contractually managed individually, including in relation to breach, termination for cause and damages. For administrative purposes, with consideration of both the tenderer and the contracting entity, SKI has technically chosen to put the routes up for tender as one overall Framework Agreement since the contract documents for each route are the same, and since the tender price list, which is part of the tender documents, has been published as one overall list of routes to be filled in. The tenderer is thus to submit only one tender (as opposed to potentially one tender per 522 route put up for tender) by completing the product lines/routes relevant to the individual tenderer. This contributes to reducing the tenderers' transaction costs.

The Framework Agreement is for 2 years with an option for renewal of 2 x 1 year, i.e. a maximum duration of 4 years in total.

It is a minimum requirement that the tenderer had a positive equity in the most recent financial year available.

The tenderer must submit the following documentation of economic and financial standing:

— A financial statement (or extracts therefrom) from the most recent financial year available which includes the equity stated in the ESPD.

Or

— a declaration that the equity informed in the ESPD is accurate, signed by a person authorised (chairman of the board, CEO or similar) to sign for the tenderer.

For groups of operators (e.g. a consortium), the documentation must be submitted for each participating operator in the group. If the tenderer relies on the capacity of supporting entities, the documentation must be provided for those entities as well. As to the completion of the ESPD for the group of economic operators (e.g. a consortium), reference is made to the Tender specifications, clauses 9.2.2, 9.4.

If the tenderer is a consortium, the minimum requirement for equity must be complied with by the consortium as a whole. If the tenderer (including if the tenderer is a consortium) relies on the economic and financial standing of other entities, the minimum requirement for equity must be complied with by the tenderer and the entities on which the tenderer relies as a whole.

— It follows from the Danish Public Procurement Act that SKI must require that the tenderer use the European single procurement document (ESPD) in connection with the submission of tender. The ESPD is a self-declaration that serves as preliminary documentation that a tenderer is not subject to any of the exclusion grounds and complies with the suitability criteria, see s.148(1), paras 1-2 of the Danish Public Procurement Act. The tenderer must thus complete and submit the ESPD in connection with submission of tender. With regard to the completion and submission of the ESPD, reference is made to the Tender specifications, clause 9.2.2,

— The tenderer must not be subject to any of the mandatory exclusion grounds set out in ss.135 and 136 of the Danish Public Procurement Act. In this connection, it is pointed out that some of the non-mandatory grounds for exclusion in the procurement directive (Directive 2014/24/EU) have been made mandatory in s.136 of the Danish Public Procurement Act.

Furthermore, the tenderer must not be subject to any of the non-mandatory exclusion grounds set out in the following provisions of the Danish Public Procurement Act:

— S.137(1), para (1) (non-compliance with obligations in the fields of environmental, social and labour law)

— S.137(1), para (2) (bankruptcy etc.)

— S.137(1), para (3) (grave misconduct that renders the tenderer's integrity questionable)

— S.137(1), para (5) (breach of a public contract)

Information in this regard must be indicated in the ESPD form, Part III, sections A, B and C, see details on the ESPD in the Tender specifications, clauses 7.3 and 9.2.2

— The tenderer has the opportunity of receiving additional information about the tender documents by submitting written questions via the tendering page ETHICS. Questions may not be posed in any other way (including by e-mail or telephone) than ETHICS,

— The tender can only be submitted through SKI´s tendering system, ETHICS,

— SKI draws the tenderer’s attention to the server time at the "Tendering page" (in Danish: Udbudssiden) which is shown online and is the time that applies to the timely receipt of tenders. When the tenderer uploads its tender and signs the cover letter, that time will be registered on all the uploaded documents. It should be noted that it is not possible to upload additional documents to ETHICS after the expiry of the deadline for submission of tender,

— If the tenderer is a consortia or group the representative shall upload the documents of the tender in connection with submission of tender on behalf of the consortia or group,

— The estimated turnover per route as indicated, reflects the best possible estimate based on actual consumption in the last year combined with expected future consumption. Neither SKI nor SKI's customers shall be liable to the supplier for this estimate, neither in upwards nor downwards direction, e.g. if market trends and prices have the effect that the requirements of SKI’s customers can be otherwise covered or cause a change of procurement patterns. The supplier thus bears the full commercial risk and responsibility for the financial balance under the Framework Agreement, including the overall pricing, irrespective of the amount of turnover achieved and how the turnover is distributed on the routes put up for tender. Hence, the supplier shall not rely on a claim for failure of basic assumptions concerning these matters. Nor shall the supplier rely on a claim for failure of basic assumptions with reference to any increased or reduced purchasing under other agreements, e.g. in the event of termination for convenience.

Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

Internet address: www.kfst.dk