Consultancy services and auction software in connection with the 700 MHz, 900 MHz and 2300 MHz auction(s)

The consultancy task for which tenderers are invited concerns provision of consultancy services to the Danish Energy Agency in connection with the preparation and holding of the upcoming 700 MHz, 900 MHz and 2300 MHz auction(s). The consultancy tasks also include adaption of auction software for the purpose of achieving an optimal process in relation to preparing, adapting and conducting the 700 MHz, 900 MHz and 2300 MHz auction(s). This shall be made in accordance with the objectives set in the current frequency legislation.

The selected consultant shall cooperate with the Danish Energy Agency in preparing, adapting and carrying out the 700 MHz, 900 MHz and 2300 MHz auction(s) and when performing the task, it may be relevant for the selected consultant to involve relevant stakeholders.

It is noted that the consultancy assignment will not include legal aspects bearing on the auction.

Deadline for submission of tender is 7 April at 12:00 noon.
 

Documents

 

Questions and answers

Question 1: Submission deadline

Possible typo regarding the tender submission deadline: In some documents the deadline is mentioned as 1200 hrs on 7th April (Contract Notice). Elsewhere this is mentioned as 12 AM on 7th April (Website https://ens.dk/service/aktuelle-udbud ;   https://ens.dk/service/aktuelle-udbud/consultancy-services-and-auction-software-connection-700-mhz-900-mhz-and-2300   and also in tender_specifications_-_open_procedure.pdf ).

Answer

The tender submission deadline is Friday 7th April 2017 at 12:00 noon Danish time.

Question 2: Range in the alternative (linear) scoring model

Possible typo: mentioned range as 50% instead of 60%.

The document "tender_specifications_-_appendix_a_tender_evaluation.pdf"  on page 3 gives the "Alternative (linear) scoring model". This says:

"· The target price is awarded the average grade, 3. 
· The target price subtracted 50 % is awarded the maximum grade, 5. 
· The target price plus 50 % is awarded the minimum grade, 1. 
The target price used for the fixed price of the consulting services and the auction software 
is 4,500,000 DKK. Thus, a price offer of 1,800,000 DKK is awarded the grade 5 and 
a price offer of 7,200,000 DKK is awarded the grade 1." 

(The range actually used in this file as also in the excel file  " tender_specifications_-_appendix_a1_evaluation_example.xlsx  " is +/- 60%. We have no issue with the use of a 60% range.)

Answer

The correct range in the alternative (linear) scoring model is +/- 60%. This holds for both the evaluation of the fixed price and for the evaluation of the hourly rate average.

Question 3: how and in which document the prices are to be mentioned

Guidance sought: Please guide regarding how and in which document the prices are to be mentioned. Specifically please mention whether prices are to be enclosed separately in separately sealed envelope. (The documents appear to be silent on this aspect.)

Answer

The tenderer can choose how to mention prices in its tender. It can be part of the tender equally with the descriptions of how to solve the task etc. Prices can also be mentioned in an appendix to the tender. Prices do not have to be enclosed separately in a sealed envelope.

Question 4: Section V in the contract notice

Please confirm: The contract notice does not have a section V. Please confirm.

Answer

The Danish Energy Agency confirms that the contract notice does not have a section V.

Question 5: ESPD

Please confirm: It appears that the requirements in sections III.1.2 and III.1.3 are to be typed into and answered in the ESPD only. Please confirm. If yes, please clarify how it is to be done. Whether declaration of suitability suffices? How are details of revenue, previous clients, etc. to be provided in ESPD? 

Section III.1.1 of the contract notice says that:

The tenderer must enclose in its tender an ESPD as preliminary documentation: 
1) that the applicant or tenderer is not subject to any of the grounds for exclusion, see section VI.3 of this contract notice, and 
2) that the tenderer complies with the minimum suitability requirements in respect of economic and financial standing, see section III.1.2 of this contract notice and, in respect of technical and professional ability, see section III.1.3 of this contract notice.

III.1.2) 
Economic and financial standing 
List and brief description of selection criteria: 
A declaration regarding the service provider's total revenue and the revenue regarding the activities, which this contract relates to: 
Consulting services and auction software in regards to spectrum auctions (usage of web-based auction software, counselling regarding auction design, modification of auction software and counselling for preparation and carrying out auctions) in the past 3 available financial years, depending on when the service provider was established or started its business, if it is not against regulations within the service provider's concern policy to inform about this. 
Information about the service provider's professional indemnity insurance.
For groups of service providers (e.g. a consortium), the information must be given for each individual service provider. However, a group of service providers will be evaluated as a whole regarding the minimum requirement in this section. 

III.1.3) 
Technical and professional ability 
List and brief description of selection criteria: 
The tenderer must submit a list of the most important similar deliveries carried out over the past 3 years. 
Similar deliveries are: Consulting services and auction software in regards to spectrum auctions (usage of web-based auction software, counselling regarding auction design, modification of auction software and counselling for preparation and carrying out auctions). 
For each delivery the tenderer should make a statement of when and for whom, the delivered services were carried out (in the form of a reference list). 
For groups of service providers (e.g. a consortium), the information must be given for each individual service provider. However, a group of service providers will be evaluated as a whole regarding the minimum requirement in this section. 

Minimum level(s) of standards possibly required: 
The tenderer shall be able to state at least 1 reference for consulting services and auction software in regards to spectrum auctions (utilization of web-based auction software, counselling regarding auction design, modification of auction software and counselling for preparation and carrying out auctions) for the past 3 years. 

Answer

It is correct that the requirements in sections III.1.2 and III.1.3 must be answered using the ESPD. The Danish Energy Agency has the 20 March 2017 published an amended XML-file to the ESPD and an amended PDF-file to the ESPD, enabling the possibility to fill in details of revenue, previous clients, etc.

Question 6: Professional indemnity insurance

Please inform regarding the quantum of the professional indemnity insurance cover which is thought to be a basic minimum qualifying value.

Answer

The Danish Energy Agency needs information regarding the professional indemnity insurance, however there is not a minimum qualifying value

Question 7: Number of coverage obligations to be assessed

If there was a recommendation for separate auctions of the different bands, or subsets of the three bands, would one single coverage obligation be defined (to be awarded in one of the auctions) or would separate coverage obligations need to be assessed and defined for each auction?

Answer

If the Danish Energy Agency decides to hold separate auctions for the different bands on the basis of the recommendations, the starting point is that each spectrum band must contribute to improve the coverage in all of Denmark as much as possible relative to the value of the spectrum. Thus, this entails separate coverage obligations for each auction. However, please note that in this case, the coverage obligations shall be assessed simultaneously as the auctions are prepared in one single process.

Question 8: Must the spectrum bands be made available using auctions?

The description of tasks in appendix 1 appears to presuppose that spectrum in all bands would be auctioned, but when discussing the 700 MHz band the Danish Energy Agency is seeking advice on whether this band should be auctioned or made available in another way (potentially as licence-exempt spectrum). Can you clarify whether an auction must be used or alternative options should also be considered?

Answer

The Danish Energy Agency is seeking advice on how to auction the 700 MHz spectrum band, i.e. 2x30 MHz (703-733 MHz and 758-788 MHz) and an additional 20 MHz for supplemental downlink ( 738-758 MHz).

Furthermore, the Danish Energy Agency is seeking advice on the demand for 733-736 MHz and 788-791 MHz and in particular whether a demand for M2M applications is foreseen. The analysis should also address the demand for other services such as PPDR and PMSE. In addition, the Danish Energy Agency seeks advice on how the bands 733-736 MHz and 788-791 MHz should be made available, e.g. through an auction, a licence exempt regime or a licence shared access (LSA) regime, cf. section 1.1.1 of Appendix 1 to the Draft Contract.

Question 9: The estimated total value

Does the estimated total value of DKK 7m a strict limit on the amount that can be proposed? Does this include or exclude the ad-hoc tasks, based on the suggestion that these will form around 10% of total tasks?

Answer

The estimated total value of DKK 7 million is not a strict limit. As it appears from the contract notice, section II.2.14), the estimated total value excluding VAT is estimated to be a range between 2 000 000 and 7 000 000 DKK. Please note that the value stated in section II.1.5) of the contract notice is an estimated maximum value excluding VAT.

The supplier must provide the assistance that is necessary and naturally connected to the task as described in Appendix 1 to the Draft Contract, section 1.2.1., cf. the Draft Contract item 3.2 regarding ad hoc services. This assistance is included in the total remuneration. The supplier must for instance assist in relation to questions of a clarifying nature pertaining to the contract without additional remuneration.

Besides the activities mentioned in Appendix 1, section 1.2.1.1., the selected consultant should perform ad hoc consultancy tasks in natural connection with these activities, which is not included in the main tasks of the contract. It is noted that the ad hoc consulting services are not included in the total price of the project but will be paid as a fixed price based on an hourly rate stated in the tenderer’s tender.

The following appears from the Draft Contract, item 3.2: “The Customer may also order the Supplier to perform ad hoc tasks that are not included under the main task of the Contract. Such tasks for example consist of competition analyses or other analyses in relation to the main task not mentioned in Appendix 1, cf. the Danish Public Procurement Act, section 178.

The Supplier must provide the necessary resources and expertise to resolve ad hoc tasks.

Prior to ordering an ad hoc task, the Customer must describe it to the Supplier. The Supplier must, on this basis, describe how the Supplier will perform the task as well as provide a price estimate on this based on the hourly rates stated per consultant/Senior Consultant category in Appendix 2. The price estimate must also specify a maximum price that cannot be exceeded. It should also indicate how the ad hoc task is staffed.”

Finally, please note that it is a minimum requirement that tender consists of a fixed price including all tasks, cf. Appendix 1 to the Draft Contract, section 2.1., i.e. excluding ad hoc tasks that are not included under the main task of the contract.

 

Question 10: Vendor location

Is it possible to clarify which clauses/ requirements of the Tender document will not apply to a vendor located outside the EU area. This has specific reference to the ESPD and the Social responsibility requirements. 

Example:

The Social responsibility clauses mention the below: 
LABOUR CLAUSE IN ACCORDANCE WITH THE ILO CONVENTION NO. 94 AND CIRCULAR NO. 9471 OF 30 JUNE 2014 
CSR : General Requirements(Human Rights, Workers’ Rights, Environment, Anti-Corruption), Human Rights, workers’ rights, environment, anti-corruption, supplier’s liability.
However, this presupposes that the Supplier within a month of the Customer’s written request for this can fulfill the following document requirements:   
Declaration by the Supplier’s management: Here the Supplier declares to continuously ensure compliance with the above requirements for human rights, workers’ rights and the environment in fulfillment of Contract.   
Description of practical initiatives: Here the Supplier describes the practical measures that are implemented in order to ensure compliance of the mentioned requirements. This description may include a description of assumed commitments, implemented systems and other initiatives.
Description of performance indicators: Here the Supplier describes how the results of initiatives are measured. This can be done using standards such as the Global Reporting Initiative's (GRI) Sustainability Reporting Guidelines. 
The document requirements are met by the fact that the Supplier has prepared a so called "Communication on progress" (COP), which is published on the UN Global Compact website. The Customer also accepts other types of proof that meet the established document requirements. 
The Customer will generally not request for the above mentioned documents unless there is a specific reason to do this, including a substantiated suspicion.  
If there is doubt as to whether the Supplier complies with the relevant requirements for human rights, workers’ rights and the environment, the Customer may initiate a close dialogue with the Supplier in order to clarify any misgivings.

Answer

It does not matter where a vendor is located or established. The requirements determined in the procurement documents apply equally to all tenderers.