Denmark-Frederiksberg: Banking and investment services

Agency: TED
State:
Level of Government: State & Local
Category:
  • Q - Medical Services
Opps ID: NBD00003851302320822
Posted Date: Oct 7, 2017
Due Date:
Solicitation No: 396530-2017
Source: Members Only
07/10/2017 S193 - - Services - Contract award notice - Open procedure

Denmark-Frederiksberg: Banking and investment services

2017/S 193-396530

Contract award notice

Results of the procurement procedure

Services

Directive 2014/24/EU

Section I: Contracting authority

I.1) Name and addresses
Lnmodtagernes Dyrtidsfond
61552812
Dirch Passers Alle 27, 2. sal
Frederiksberg
2000
Denmark
Contact person: Michael Steen
Telephone: +45 33368943
E-mail: tender2017@ld.dk
NUTS code: DK011

Internet address(es):

Main address: http://www.ld.dk

I.2) Joint procurement
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Economic and financial affairs

Section II: Object

II.1) Scope of the procurement
II.1.1) Title:

LD's Tenders for Fund Management and Depository Services, respectively.

II.1.2) Main CPV code
66100000
II.1.3) Type of contract
Services
II.1.4) Short description:

LD hereby informs that LD unfortunately has to cancel the tender procedure published in contract notice 2017/S 161-333236 0 on 24.8.2017 regarding Fund Management Services and Depository Services.

LD received tenders, which have been reviewed in order to determine the compliance of the tenders. Following the compliance review of all received tenders, it is assessed that none of the submitted tenders are compliant and therefore none of the participating tenderers can be awarded the contract based on the current tenders. However, LD has decided to formally cancel this tender procedure and continue the procedure as a negotiated procedure cf. section 61, 1) No 2 of the Public Procurement Act as all the received tenders are considered non-compliant and irregular.

II.1.6) Information about lots
This contract is divided into lots: yes
II.2) Description
II.2.1) Title:

Fund Management

Lot No: 1
II.2.2) Additional CPV code(s)
66100000
66131000
66160000
66162000
II.2.3) Place of performance
NUTS code: DK011
II.2.4) Description of the procurement:

The object of the tender is to identify and contract with a Fund Manager and a Depositary Bank (Global Custodian) regarding the fund management services and depositary services, respectively, of KLD's assets. LD has in the tender specification described the relevant services and requirements, which will include all regulatory services and furthermore some additional services.

Due to Danish financial regulation, some of the services have to be delivered by the Depository Bank and some of the services have to be delivered by the Fund Manager. However, some services could be delivered either by the Depository Bank or the Fund Manager. LD expects that the Depository Bank and the Fund Manager ? with respect of Danish regulation ? decide on their own, which of the two is in a better position to deliver such requested services.

With respect to the KLD's day-to-day business and operations, it is of utmost importance that the Depository Bank and the Fund Manager are able to work together and cooperate in an efficient manner and to provide services to the KLD. LD's completed market dialogue meetings furthermore underlined the importance of Fund Managers' and Depository Banks' freedom to pair up and define their corporations beforehand and by themselves, not being forced into a pairing or corporation by LD. Therefore LD (on behalf of KLD) has required a combined tender process of a Depository Bank and a Fund Manager, which have joint experience in providing the requested depositary services and fund management services. The Depository Bank and the Fund Manager are thus required to hand in combined tenders for both contracts, which will be evaluated as such but the Depository Bank and the Fund Manager will in the end ? according to legal requirements ? be requested to sign two separate contracts governing their offered services, respectively.

Accordingly, LD conducts the tender process for Fund Management Services and Depository Services as one combined tender process including the two separate contracts but with an obligation for the tenderers to pair up beforehand and submit a combined tender for both contracts.

Therefore, Tenderers have to team up prior to the tender submission. LD will allow an entity to team up in more teams (e.g. the same Depositary can team up with more than one Fund Manager) as long as the legal requirements are fulfilled.

II.2.5) Award criteria
Price
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information
II.2) Description
II.2.1) Title:

Depository Services

Lot No: 2
II.2.2) Additional CPV code(s)
66131000
II.2.3) Place of performance
NUTS code: DK011
II.2.4) Description of the procurement:

LD refer to the description above in section II.2.4) regarding Lot 1, which is covering both Lot 1 and 2.

II.2.5) Award criteria
Price
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information

Section IV: Procedure

IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
IV.1.6) Information about electronic auction
IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S: 2017/S 161-332360
IV.2.8) Information about termination of dynamic purchasing system
IV.2.9) Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

Lot No: 1
Title:

Fund Management

A contract/lot is awarded: no
V.1) Information on non-award
The contract/lot is not awarded
No tenders or requests to participate were received or all were rejected

Section V: Award of contract

Contract No: 2
Lot No: 2
Title:

Depository Services

A contract/lot is awarded: no
V.1) Information on non-award
The contract/lot is not awarded
No tenders or requests to participate were received or all were rejected

Section VI: Complementary information

VI.3) Additional information:

A. As a part of the tender, the tenderers must submit an ESPD as a preliminary documentation of the circumstances set out in section 148 of the Danish Publis Procurement Act (in Danish: udbudsloven). Reference is made to the Danish Competition and Comsumer Authority's ESPD guide. The following parts of the eESPD must be completed:

? Part II: Information about the economic operator.

? Part III: Exclusion grounds.

? Part VI Concluding statements.

Each of the Fund Managers and the Depositary must respectively hand in a filled in ESPD alongside their tender.

B. For groups of tenderers/economic operators e.g. a consortium, a separate ESPD must be submitted for each of the participating tenderers ? and a consortium declaration must be submitted as well, cf. the Consortium Declaration template included in the tender material published on the webpage. If a tenderer participates in the procedure together with others as described in part II, section A of the ESPD, this normally relates to whether the tenderers have formed a consortium. In this tender procedure, LD require tenderers to form a temporary association ? not constituting a consortium ? the main difference being that the Fund Manager and Depository Bank respectively will not be held jointly liable for the fulfillment of the contract. Tenderers are encouraged to fill in part II, section A stating the name of the Fund Manager or Depository Bank, whom the tenderer will be paired up with in the tender. If the tenderers ? being both the Fund Manager and the Depository Bank ? wish to submit tender as a consortium e.g. the fund manager wish to form a consortium with a third party not being the depositary bank, whereby the Fund Manager and the third party become jointly liable for the fulfillment of the Fund Management Services Contract, then the Fund Manager must declare this in the tender and submit separate ESPD for this third party and a consortium declaration signed by the Fund Manager and the third party ? and submit the tender in combination with the Depositary.

C. If a tenderer relies upon the capacity of other entities, an ESPD must be submitted for the tenderer and also for each of the entities on which the tenderers relies upon ? and a declaration of support must be submitted as well, cf. the Declaration of Support templates included in the tender material published on LD's webpage. The tenderers ? being both the Fund Manager and the Depository Bank ? may rely on the financial and/or technical capacity of other entities (e.g. parent company or subcontractor) regardless of the legal nature of the connections between the tenderer and the entities on which the tenderer relies. The tenderer must then prove that the tenderer has at its disposal the resources necessary to fulfill the contract, e.g. by providing a declaration of support proving the legal commitment form these entities to make the required resources available in the contract period, Any supporting entities submit their own ESPD.

D. Before the decision to Award the contract is made, the winning pairing of tenderers to whom LD intends to Award the contract must provide final documentation of the information submitted in the ESPD pursuant to sections 151-153 of the Danish Public Procurements Act. Reference is made to the tender specifications, section 5.1.6 describing the required documentation.

VI.4) Procedures for review
VI.4.1) Review body
Klagenvnet for Udbud
Nvnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 35291095
E-mail: klfu@erst.dk

Internet address: http://www.klfu.dk

VI.4.2) Body responsible for mediation procedures
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:

In accordance with Act no. 953 2.6.2016 (Lov om Klagenvnet for Udbud m.v.), the deadlines for submitting a complaint are the following:

Complaints about a candidate not being selected must be filed within 20 calender days starting the day after the sontracting auhtority sent notification to the candidates involved, cf. section 171 of the Danish Public Procurement Act or section 2, 1) no 1 of the same Act, provided that the notification includes a short account of the relevant reasons of the decision.

Complaints about the award procedure must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calender days after the contracting authority has published a notice in the official Journal of the European Union (with effect form the day following the publication date)

2) 30 calender days from the day following the day on which the contracting authority has informed the tenderers that the contracting authorirty har entedered into a contract based on a framework agreement with reopening of competition or a dynamic purchasing system if the notification includes a sort account of the relevant reasons for the decision.

3) 6 months after the contracting authority has signed a framework agreement from the day following the day that the contracting authority has notified the tenderers, cf. section 2, 2) af the Act or section 171, 4) of the Danish Public Procurement Act.

4) 20 calender days form the day after the day the contracting authority has announced its decision see section 185, 2) of the Danish Public Procurement Act.

The complainant must inform the contracting authority of the complaint in writing and not later than simultaneously with the lodging of the complaint to the Danish Board of Public Procurement. The complaint must state whether the complaint was lodged in the stand still period. If the complaint has not been lodged in the stand still period, the complaint must also state whether the complaint is requested to be given suspensive effect.

Reference is made to the complaints procedure available at www.erhvervsstyrelsen.dk

VI.4.4) Service from which information about the review procedure may be obtained
Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

Internet address: http://www.kfst.dk

VI.5) Date of dispatch of this notice:
05/10/2017
TI Title Denmark-Frederiksberg: Banking and investment services
ND Document number 396530-2017
PD Publication date 07/10/2017
OJ OJ S 193
TW Place FREDERIKSBERG
AU Authority name Lnmodtagernes Dyrtidsfond (61552812)
OL Original language EN
HD Heading - - Services - Contract award notice - Open procedure
CY Country DK
AA Type of authority 6 - Body governed by public law
HA EU Institution -
DS Document sent 05/10/2017
NC Contract 4 - Services
PR Procedure 1 - Open procedure
TD Document 7 - Contract award notice
RP Regulation 4 - European Union
PC CPV code 66100000 - Banking and investment services
66131000 - Security brokerage services
66160000 - Trust and custody services
66162000 - Custody services
OC Original CPV code 66100000 - Banking and investment services
66131000 - Security brokerage services
66160000 - Trust and custody services
66162000 - Custody services
RC NUTS code DK011
IA Internet address (URL) http://www.ld.dk
DI Directive Public procurement Directive 2014/24/EU

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