Copenhagen · January 2017

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Doc. No. 16378821.1

Innovative plastic sorting and reprocessing solution

Descriptive document

KØBENHAVNS KOMMUNE

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Contents

1. Background and purpose................................................................................................. 3

2. Contracting authorities ..................................................................................................... 4

3. Indicative timeframe ......................................................................................................... 5

4. Communication ................................................................................................................. 6

5. Object .................................................................................................................................. 8

6. Procedure ........................................................................................................................... 9

7. Conditions for participation ........................................................................................... 12

8. Dialogue ............................................................................................................................ 19

9. Final tender....................................................................................................................... 23

10. Award of contract ............................................................................................................ 24

Procurement documents

In addition to the descriptive document, the procurement documents consist of:

Appendix 1: Contract notice

Appendix 2: Contracting Authorities

Appendix 3: Draft contract

Appendix 4: Preliminary technical specifications

Appendix 5: ESPD Request file

The procurement documents are available for unrestricted and full direct access, free of

charge, at:

http://cleancluster.dk/documents-and-conditions-the-tender-2/

The draft contract and the preliminary technical specifications are drawn up for the pur-

pose of the dialogue.

CLEAN intends to draw up a revised set of procurement documents on the basis of the

dialogue which will be specified before the submission of final tenders.

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1. Background and purpose

1.1 Background

According to the latest national waste statistics (2014), about 84,000 tonnes of

plastic waste are collected from Danish households and commercial enterprises

each year. Hereof, about 32,000 tonnes are municipal waste, of which 50% come

from recycling stations and 50% come from household collection schemes, and

52,000 tonnes are industrial waste.

In addition, there is a large quantity of plastic waste which is not yet separated at

source. Hence, it is estimated that there potentially is an additional 150,000

tonnes to 200,000 tonnes of plastic waste from Danish households each year.

The project aims to create a market for recycling of plastic waste from households

and similar types of industrial plastic waste from commercial enterprises. The

waste stream from these sources will include plastic packaging, large plastic

products from bulky household waste (from recycling stations) as well as other

types of plastic waste from commercial activities (e.g. from recycling stations,

small enterprises participating in the municipal collection schemes and facilities

for preliminary sorting). In addition, the waste stream will also include a mixed

plastic and metal fraction from households.

The tender builds on the recommendations of the Innovation Platform for Plas-

tics, which CLEAN conducted in 2013 with participation from more than 100 Dan-

ish plastics companies and experts in the field. The platform concluded that a

tender should be prepared for separation of household plastic waste and similar

plastic waste from enterprises. The challenges include: a lack of an overall supply

of plastic waste from households and companies, but also uncertainty concerning

the resale of the reprocessed plastic.

The environmental benefits from an increase in recycling of plastic waste are:

Reduced emissions of CO2 from waste incineration

Reused and recycled plastic will replace the use of fossil raw materials to cre-

ate virgin plastic

In 2013, the Danish government published a strategy for better use of resources,

”Denmark without waste“, based on similar policy paper from the EU. This strate-

gy focuses on the quality of recycling.

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The tender is also conducted in the light of the European Commission’s Circular

Economy Package and the revision of the EU Directive on Waste, and the EU Di-

rective on Packaging and Packaging Waste. Here, the European Commission has

proposed significantly higher targets for reuse and recycling and new rules on the

calculation of the attainment of the targets.

1.2 Purpose

CLEAN has taken the initiative to conduct an innovative procurement procedure in

cooperation with other public stakeholders. The procedure aims to develop an in-

novative plastic sorting and reprocessing solution for household plastic waste and

similar types of industrial plastic waste from commercial enterprises.

The main purpose of the procurement procedure is to identify an innovative solu-

tion to the use of resources from plastic waste in a circular economy perspective.

Important requirements for this solution is that it should improve on the current

solutions so that plastic waste can be reused and recycled at a price, quality and

in a quantity that is actually attractive to companies that use reprocessed plastic

in their production. Since the waste stream also includes a mixed plastic and met-

al fraction from household, the solution must be able to separate the plastic and

metal fractions.

It is also a requirement that the solution is attractive to the Contracting Authori-

ties and waste management companies that supply plastic waste, in terms of

price and quality.

2. Contracting authorities

2.1 Names and addresses

The Contracting Authorities responsible for the procedure are specified in Appen-

dix 2: and hereafter referred to as the (“Contracting Authorities”).

Contracts in relation to the procedure will be concluded separately with each of

the Contracting Authorities.

The Contracting Authorities’ expected quantities of plastic waste in 2018 are speci-

fied in Appendix 2:.

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2.2 Responsible for conducting the procedure

The procedure will be conducted on behalf of the Contracting Authorities by:

CLEAN

Vesterbrogade 1 E

1620 København V

Denmark

National registration no.: 29727538

(“CLEAN”)

2.3 Contact person

All contact prior to the submission of requests to participate and during the pro-

cedure must be submitted in writing to:

Anne Dorthe Josiassen

E-mail: adj@cleancluster.dk

3. Indicative timeframe

Contract notice sent for publication: 27 January 2017

Publication of procurement documents: 30 January 2017

Information meeting: 13 March 2017

Time limit for receipt of requests to participate: 18 April 2017

Estimated time limit for receipt of documentation: 5 May 2017

Estimated time for dispatch of invitations to participate to selected candi-

dates: 12 May 2017

Estimated time limit for receipt of consultation paper for dialogue meeting 1:

week 23 of 2017

Estimated time for dialogue meeting 1: week 25 of 2017

Estimated time for dispatch of discussion paper for dialogue meeting 2: week

34 of 2017

Estimated time limit for receipt of consultation paper for dialogue meeting 2:

week 38 of 2017

Estimated time for dialogue meeting 2: week 40 of 2017

Estimated time for closing of dialogue and dispatch of revised procurement

documents: week 48 of 2017

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Estimated time limit for receipt of final tenders: 23 February 2018

Estimated time limit for receipt of documentation: week 12 of 2018

Estimated time for dispatch of information regarding award of contract: week

12 of 2018

Estimated time for finalising of contract: week 15 of 2018

Estimated time for conclusion of contracts: week 16 of 2018

CLEAN reserves the right to change the indicative timeframe at any time during

the procedure which will be communicated to the economic operators, cf. section

4.3.

4. Communication

4.1 Information meeting

CLEAN will hold an information meeting where CLEAN will present the project and

interested economic operators will be given the opportunity to ask questions.

The information meeting will focus on the background and purpose of the project,

the conditions for participation and the formalities to be observed when submit-

ting a request for participation.

The information meeting is scheduled to take place in Copenhagen on 13 March

2017. The time and address of the information meeting will be published at the

same site as the procurement documents.

Minutes of the information meeting and any additional information will be pub-

lished at the same site as the procurement documents.

4.2 Inquiries and questions

All inquiries and questions during the procedure must be submitted in writing in

either Danish or English to the contact person, cf. section 2.3.

E-mails with inquiries and questions must refer to “Innovative plastic sorting and

reprocessing solution” in the subject.

Economic operators should refrain from calling the contact person or making per-

sonal contact concerning inquiries and questions.

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Economic operators are encouraged to make inquiries, ask questions and direct

attention to any errors or inexpediencies in the procurement documents as early

as possible.

4.3 Answers and additional information

Prior to the time limit for receipt of requests to participate, cf. section 6.3, CLEAN

will submit answers in anonymous form and additional information at the same

site as the procurement documents.

Prior to the time limit for receipt of requests to participate, CLEAN reserves the

right to answer only inquiries and questions regarding the conditions for partici-

pation cf. section 7.

After the selection of economic operators, cf. section 7.9, CLEAN will send answers

in anonymous form and additional information simultaneously to the selected

economic operators.

CLEAN recommends that inquiries and questions are submitted as early as possi-

ble and no later than 14 days prior to the time limit for receipt of requests to par-

ticipate, cf. section 6.3, or the time limit for receipt of final tenders, cf. section 9.2.

Economic operators can only expect to receive answers and additional infor-

mation concerning inquiries or questions received later than 14 days prior to the

time limit for receipt of requests to participate, cf. section 6.3, or the time limit for

receipt of final tenders, cf. section 9.2, if CLEAN can submit the answers and the

additional information 6 days prior to the time limit in question.

4.4 Submission of final tenders and requests to participate

Final tenders and requests to participate must be submitted to the following ad-

dress:

CLEAN

Vesterbrogade 1 E

1620 København V

Denmark

Requests to participate and final tenders must be submitted in a sealed envelope

or package marked: “Innovative plastic sorting and reprocessing solution – DO

NOT OPEN IN MAILING”.

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A receipt stating date and time of delivery can be issued upon request.

5. Object

5.1 Scope of the procurement

The Contracting Authorities’ responsibilities regarding delivery of plastic waste

and mixed plastic and metal waste, the duration of the contract etc. will be dis-

cussed during the dialogue and specified in the procurement documents before

the submission of final tenders.

The expected quantities of plastic waste from the Contracting Authorities are

stated in Appendix 2:. The economic operator is however not guaranteed that all

Contracting Authorities will conclude a contract.

The contract does not necessarily require the establishment of a new plastic sort-

ing and reprocessing facility. However, CLEAN and the Contracting Authorities

have no knowledge of an existing facility that can reuse and recycle plastic at a

price, quality and in a quantity that is actually attractive to companies that use re-

processed plastic in their production.

5.2 Information about lots

CLEAN has decided not to divide the contract into lots because of the complexity

of the services to be performed and the purpose of improving the current stand-

ards so that plastic waste can be reused and recycled at a price, quality and in a

quantity that is actually attractive to companies that use reprocessed plastic in

their production.

5.3 Description of the procurement

The procurement aims to develop an innovative plastic sorting and reprocessing

solution. Important requirements for this solution is that it should improve on the

current solutions so that plastic waste can be reused and recycled at a price, qual-

ity and in a quantity that is actually attractive to companies that use reprocessed

plastic in their production.

The services are expected to include sorting, separation, reuse and recycling of

plastic waste and sale of the end products resulting from the process. The ser-

vices are also expected to include sorting and separation of the mixed plastic and

metal waste.

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The economic operator’s responsibilities regarding reception of plastic waste and

of mixed plastic and metal waste, sorting, separation, treatment, quality and

quantity of the end products etc. will be discussed during the dialogue and speci-

fied in the procurement documents before the submission of final tenders.

5.4 Variants and coordinated tenders

Variants and coordinated tenders can be accepted.

The use of variants and coordinated tenders will be discussed during the dialogue

and specified in the procurement documents before the submission of final ten-

ders.

5.5 Options

The contract can include options.

Options will be discussed during the dialogue and specified in the procurement

documents before the submission of final tenders.

6. Procedure

6.1 Legislation

The procedure is conducted in accordance with the Danish Public Procurement

Act (Act no. 1564 of 15 December 2015).

The official Danish version is available at:

https://www.retsinformation.dk/Forms/R0710.aspx?id=175507

An English translation from the Danish Competition and Consumer Authority is

available at:

http://www.kfst.dk/~/media/KFST/Offentlig%20konkurrence/The%20Public%20Pro

curement%20Act/The%20Public%20Procurement%20Act.pdf

6.2 Type of procedure

The procedure is performed as a competitive dialogue.

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6.3 Time limit for receipt of requests to participate

Date: 18 April 2017 Local time: 12:00

6.4 Estimated date of dispatch of invitations to participate to selected candidates

Date: 12 May 2017

6.5 Languages in which tenders or requests to participate may be submitted

Requests to participate may be submitted in Danish or in English.

Final tenders may only be submitted in English.

6.6 Confidentiality

In accordance with section 5 of the Public Procurement Act, CLEAN may not dis-

close confidential information provided by an economic operator in connection

with the procedure without the prior consent of the economic operator.

CLEAN intends to draw up a joint set of revised procurement documents with

functional requirements which can encompass several technical solutions on the

basis of the dialogue. However, CLEAN has no intention of “cherry picking”, for-

warding or disclosing confidential information provided by the economic opera-

tors during the procedure.

Economic operators must therefore clearly mark any sensitive technical elements,

business secrets or similar information as confidential if CLEAN cannot incorpo-

rate it in the revised procurement documents.

Such references to confidential information must be specific and cannot encom-

pass entire documents.

The commitment of confidentiality must naturally be disregarded to the extent

CLEAN or the Contracting Authorities are required by law or ordered by a compe-

tent authority to disclose the information. If CLEAN or the Contracting Authorities

are requested to give access to confidential information, the economic operators

will be heard to the extent possible before the request is processed.

CLEAN and the Contracting Authorities are also entitled to disclose information in

case of a complaint referred to the Danish Complaints Board for Public Procure-

ment or legal proceedings in relation to the procedure.

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6.7 Costs and remuneration

Economic operators will not be entitled to receive payment for any costs, includ-

ing costs related to submission of requests to participate and final tenders.

Economic operators will not receive remuneration for their participation during

the dialogue.

Requests to participate, material submitted during the dialogue and final tenders

will be deemed to be the property of CLEAN and the Contracting Authorities and

will not be returned to the economic operators.

6.8 Provisos

Any provisos must be clearly marked and specified in the final tender.

CLEAN is obliged to reject final tenders including provisos in relation to the essen-

tial aspects of the contract, including the minimum requirements in the technical

specifications. Moreover, CLEAN is not entitled to make any changes in the mini-

mum requirements during the dialogue.

CLEAN is entitled to reject final tenders including provisos.

Economic operators are therefore encouraged not to include provisos, prerequi-

sites or standard terms and conditions in their final tenders.

Where an economic operator identifies provisions in the procurement documents

which have the effect that the economic operator is unable to submit a final ten-

der without provisos, the economic operator is advised to submit an inquiry, cf.

section 4.2.

While observing the principles of equal treatment, transparency and proportional-

ity, CLEAN may request economic operators to supplement, specify or complete

requests for participation or final tenders by submitting relevant information or

documentation, where the information or documents submitted by economic op-

erators in relation to requests to participate or final tenders are incomplete or in-

correct, or where specific documents are missing.

6.9 Cancellation

While observing the principles of equal treatment, transparency and proportional-

ity, CLEAN is entitled to cancel the procedure.

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7. Conditions for participation

7.1 Contents of request to participate

Economic operators must submit the European Single Procurement Document

(“ESPD”) as preliminary evidence that the economic operators are not subject to

the grounds for exclusion stipulated in section 7.6, that the economic operators

fulfil the minimum requirements for suitability stipulated in sections 7.7 and 7.8

and of how they meet the objective and non-discriminatory criteria for selection

stipulated in section 7.9.

Requests to participate must include:

1 printed and signed ESPD Response

5 printed copies of the ESPD Response

1 exported ESPD Response (XML file) on a USB memory stick

The ESPD Response does not have to include:

Information concerning subcontractors on whose capacity the economic op-

erator does not rely (Part II.D)

Purely national exclusion grounds (Part III.D)

Quality assurance schemes and environmental management standards (Part

IV.D)

CLEAN reserves the right to request economic operators to clarify or supplement

the information in the ESPD Response.

The Danish Competition and Consumer Authority provide guidance in Danish on

submitting the ESPD Response:

http://www.kfst.dk/Offentlig-konkurrence/Udbud/Udbudsregler/ESPD

7.2 How to complete the ESPD Response

In order to complete the ESPD Response, economic operators must use the Euro-

pean Commission’s free web service for filling in the ESPD electronically:

https://ec.europa.eu/growth/tools-databases/espd/

On the “Start” page, economic operators must select “I am an economic operator”

and “Import ESPD”.

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The ESPD Request file to be uploaded is the one provided in the procurement

documents.

7.3 Information about the economic operator (ESPD Part II.A)

On the “Procedure” page, economic operators must fill in information concerning

the economic operator, except whether the economic operator:

Is a sheltered workshop, a “social business” or whether it will provide for

the performance of the contract in the context of sheltered employment

programmes

Is registered on an official list of approved economic operators or

whether it does have an equivalent certificate (e.g. under a national

(pre)qualification system)

7.4 Information about representatives of the economic operator (ESPD Part II.B)

On the “Procedure” page, economic operators must fill in information concerning

the person or persons who represent the economic operator in relation to the

procurement procedure.

7.5 Groups of economic operators and other entities (ESPD Part II.C)

On the “Procedure” page, economic operators must fill in whether they rely on the

capacities of other entities in order to meet the minimum requirements for suita-

bility under sections 7.7 and 7.8.

Economic operators must answer “Yes” irrespective of whether the request for

participation is submitted by a group of economic operators or from a single eco-

nomic operator that relies on the capacity of other entities.

Requests for participation from a group of economic operators or where the eco-

nomic operator relies on other entities must include:

An ESPD Response from each economic operator and other entities with all

relevant information, cf. section 7.1

None of the group of economic operators and other entities may be subject to

grounds for exclusion, cf. section 7.6.

It is only required that the group of economic operators and other entities alto-

gether fulfil the minimum requirements for suitability under sections 7.7 and 7.8.

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When an economic operator is formed by a group of economic operators or

based on the economic and financial standing, cf. section 7.7, of other entities, the

economic operators and the entities referred to are subject to joint and severable

liability for the performance of the contract.

When an economic operator is based on the technical and professional abilities of

other entities in relation to the performance of specific aspects of the services, cf.

section 7.8, the specific aspects of the services shall be performed by the entity on

which the economic operator is based.

7.6 Grounds for exclusion

Economic operators are excluded from participating in the procedure if they are

subject to any of the grounds for exclusion in this section 7.6. Economic operators

will also be excluded if they are subject to the grounds for exclusion during the

procedure.

An economic operator will, however, not be excluded if the economic operator

provides sufficient documentation that the economic operator is reliable (“self-

cleaning”), even if the economic operator is subject to one or more of the grounds

for exclusion.

7.6.1 Criminal convictions (ESPD Part III.A)

On the “Exclusion” page, economic operators must fill in whether they are subject

to grounds for exclusion.

Economic operators are excluded from participating in the procedure if they have

been convicted by final judgement or fined within the last 4 years for the following

in accordance with section 135(1) of the Public Procurement Act:

Participation in a criminal organisation

Corruption

Fraud

Terrorist offences or offences linked to terrorist activities

Money laundering or terrorist financing

Child labour and other forms of trafficking in human beings

I accordance with section 135(2) of the Public Procurement Act, economic opera-

tors are also excluded where a person who has been convicted by final judgement

or who has been fined for the actions above is a member of the board, manage-

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ment or supervisory committee of the economic operator. Further, economic op-

erators are excluded if the convicted person is authorised to represent, monitor

or make decisions in the board, management or supervisory committee of the

economic operator.

7.6.2 Payment of taxes or social security contributions (ESPD Part III.B)

On the “Exclusion” page, economic operators must fill in whether they are subject

to grounds for exclusion.

Economic operators are excluded if they have unpaid overdue debt of DKK

100,000 or more to public authorities in accordance with section 135(3) of the

Public Procurement Act in relation to:

Payment of taxes

Payment of social security

An economic operator is, however, not excluded where the economic operator

provides guarantee of payment of the part of the debt which constitutes DKK

100,000 or more, or where the economic operator has agreed on a repayment

scheme with the collection authority and that scheme is observed.

7.6.3 Insolvency, conflicts of interests or professional misconduct (ESPD Part III.C)

On the “Exclusion” page, economic operators must fill in whether they are subject

to grounds for exclusion.

Economic operators are excluded from participating in the procedure if they are

subject to sections 136(1) and 136(2), or have been subject to the following inci-

dents or action in accordance with sections 136(3) and 137(1)(1-6) of the Public

Procurement Act within the last 2 years from the date of the relevant incident or

action:

Breaching of obligations in the field of environmental law, cf. section 137(1)(1)

Breaching of obligations in the field of social law, cf. section 137(1)(1)

Breaching of obligations in the fields of labour law, cf. section 137(1)(1)

Bankruptcy, cf. section 137(1)(2)

Insolvency, cf. section 137(1)(2)

Arrangement with creditors, cf. section 137(1)(2)

Analogous situation like bankruptcy under national law, cf. section 137(1)(2)

Assets being administered by liquidator, cf. section 137(1)(2)

Business activities are suspended, cf. section 137(1)(2)

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Guilty of grave professional misconduct, cf. section 137(1)(3)

Agreements with other economic operators aimed at distorting competition,

cf. section 137(1)(4)

Conflict of interest due to its participation in the procurement procedure, cf.

section 136(1)

Direct or indirect involvement in the preparation of this procurement proce-

dure, cf. section 136(2)

Early termination, damages or other comparable sanctions, cf. section 137(5)

Guilty of misinterpretation, withheld information, unable to provide required

documents and obtained confidential information of this procedure, cf. sec-

tions 136(3) and 137(1)(6)

7.7 Economic and financial standing (ESPD Part IV.B)

On the “Selection” page, economic operators must fill in all the relevant fields re-

garding economic and financial standing.

Economic operators are required to fulfil both the following minimum require-

ments:

Average yearly turnover of minimum DKK 50,000,000 in the last 2 financial

years available

Equity of minimum DKK 10,000,000 in the last financial year available (stated

in the field “Financial ratio”)

7.8 Technical and professional ability (ESPD Part IV.C)

On the “Selection” page, economic operators must fill in all the relevant fields re-

garding technical and professional ability:

In the field “Description”, the economic operators must describe the per-

formed service, including i) how it compares to the object of this procure-

ment and ii) its innovative elements

In the field “Amount”, the economic operators must state the total contract

value of the performed service

In the field “Start date”, the economic operator must state the date of the be-

ginning of performance of the service contract

In the field “End date”, the economic operator must state the date of expiry of

the service contract

In the field “Recipients”, the economic operators must state the name of the

public or private recipients of the service

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Economic operators are required to fulfil one of the following minimum require-

ments:

Performance of minimum 1 service within the fields of innovative solutions

regarding waste carried out within the last 3 years

Performance of minimum 1 service within the fields of reprocessing of plastic

waste and sale of reprocessed plastic carried out within the last 3 years

Performance of minimum 1 service within the fields of sorting and separation

of waste carried out within the last 3 years

Performance of minimum 1 service within the fields of manufacturing of

products from reprocessed plastic carried out within the last 3 years

7.9 Selection (ESPD part V)

CLEAN will select the economic operators on the basis of the information provid-

ed by the economic operators concerning economic and financial standing, cf.

section 7.7, and technical and professional ability, cf. section 7.8.

As part of the selection, CLEAN will specifically emphasise the following objective

and non-discriminatory criteria in relation to the selection:

The proven technical and professional ability of the economic operators in

the fields of innovative solutions regarding sorting and separation of waste

The proven technical and professional ability of the economic operators in

the fields of reprocessing of plastic waste and sale of reprocessed plastic

That the economic operators consists of groups of economic operators or re-

lies on the capacity of other entities from the entire value chain (industry, re-

tail and waste management)

On the “Finish” page, economic operators may answer “Yes” and provide a further

description of how the performed services, cf. section 7.8, meet the objective and

non-discriminatory criteria for selection in relation to the performance of the con-

tract.

CLEAN will select 4 economic operators to participate in the dialogue.

7.10 Concluding statements (ESPD Part VI) and Export

On the “Finish” page, economic operators must state the date and place of filling

in the ESPD.

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Finally, economic operators must print and sign an original of the ESPD Response

and also export an electronic ESPD Response (XML file).

7.11 Documentation

Due to the extensive dialogue procedure and in accordance with section 151(2) of

the Public Procurement Act, the economic operators who CLEAN intend to invite

to participate in the dialogue must present documentation of the information

provided in the ESPD Response.

Economic operators are therefore encouraged to prepare the necessary docu-

mentation in order to be able to present the documentation soon after the time

limit for receipt of requests to participate.

The economic operator must present documentation of not being subject to the

grounds for exclusion, cf. section 7.6, in accordance with section 152 of the Public

Procurement Act.

Economic operators from Denmark can use the Declaration of Service (“Serviceat-

test”) issued by the Danish Commerce and Companies Agency (“Erhvervs- og

Selskabsstyrelsen”) as documentation relating to grounds for exclusion.

Economic operators from other countries must present other means of documen-

tation relating to grounds for exclusion. With regard to foreign members of the

board, management or supervisory committee of the economic operator, the

economic operator must present extracts of the criminal register in the relevant

country. Moreover, economic operators must also present declarations from the

relevant foreign members of the board, management or supervisory committee

of the economic operators stating that they have not been convicted by final

judgement or fined within the last 4 years for the criminal convictions stipulated

in section 7.6.1.

With regard to such declaration and other documents relating to grounds for ex-

clusion, CLEAN can only accept the following types of documentation (in order of

priority):

Extracts from the relevant register or similar documents or certificates issued

by a competent judicial or administrative authority

If the country in question does not issue such extracts, documents or certifi-

cates, or if the extracts, documents or certificates do not cover all the cases,

the economic operators can instead submit statements provided on oath

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If statements on oath are not provided for in the relevant country, the eco-

nomic operators can instead submit solemn declarations made before a

competent judicial or administrative authority, a notary or a competent pro-

fessional organisation in the country in which the company is registered

Thus, CLEAN cannot accept self-declarations or similar declarations with regard to

documents relating to grounds for exclusion.

The economic operator must present either annual reports or excerpts hereof or

relevant statements from a bank or certified accountant as documentation of the

economic and financial standing, cf. section 7.7.

The economic operator must present a list of the main deliveries of services car-

ried out within the last 3 years stating amount and time and the public or private

recipient, including contact information, as documentation of the technical and

professional ability, cf. section 7.8.

Economic operators can use the European Commission’s e-Certis service to identi-

fy the relevant documentation provided for procurement procedures:

https://ec.europa.eu/growth/tools-databases/ecertis/

If an economic operator is based on the economic and financial standing or tech-

nical and professional ability of other entities, cf. section 7.5, the economic opera-

tor must also provide statements of support or other documentation proving that

the economic operator has access to the necessary economic and financial stand-

ing or technical and professional ability. The statement of support must provide

documentation of the fact that the entity referred to has a legal obligation to the

economic operator.

7.12 Invitation to participate in the dialogue

CLEAN will invite the relevant economic operators simultaneously and in writing

to participate in the dialogue when they have provided the necessary documenta-

tion.

8. Dialogue

8.1 Purpose

Only economic operators which receive an invitation, cf. section 7.12, may partici-

pate in the dialogue.

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CLEAN will initiate dialogue with the selected economic operators in order to de-

termine how the needs of the Contracting Authorities can be fulfilled. The dia-

logue can include suggestions and solutions from both the economic operators as

well as from the Contracting Authorities in order to innovate the traditional meth-

ods of operation and improve the sorting and reprocessing of plastic waste.

The dialogue may relate to all aspects of the procurement documents. However,

they may not result in material changes, including changes to minimum require-

ments and award criteria.

8.2 Individual dialogue meetings

CLEAN will conduct the dialogue in individual and parallel dialogue meetings with

the economic operators. Representatives from the City of Copenhagen and other

Contracting Authorities will participate in the dialogue meetings along with

CLEAN.

The dialogue can be conducted in Danish or English depending on the preference

of the economic operator.

Prior to each round of dialogue meetings, the economic operators must send a

consultation paper with specific and thorough input for the upcoming dialogue

meeting.

CLEAN may continue the dialogue and conduct additional dialogue meetings until

CLEAN has identified the solution(s) best suited to fulfil the needs of the Contract-

ing Authorities.

8.2.1 Dialogue meeting 1: Prerequisites and possible solution(s)

The purpose of dialogue meeting 1 is for the economic operators to present the

necessary prerequisites related to the successful performance of the contract, in-

cluding key performance indicators in relation to the technical specifications and

the legal and financial elements. Furthermore, the economic operators are ex-

pected to present their recommendations for possible solutions.

Before dialogue meeting 1, the economic operators must submit a consultation

paper with the following:

Key performance indicators in relation to the technical specifications, includ-

ing:

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Input of plastic waste and of mixed plastic and metal waste (origin, pack-

aging, purity and intermixed waste)

Source separation technologies and operations (separation of fractions

and separation of polymers)

Treatment options for different fractions and polymers

Targets concerning quantity and quality of reprocessed plastic

Limitation of energy recovery and residue material

Supervision, traceability and quality control from input of plastic waste to

output of reprocessed plastic

Environmental impact and work environment

Key performance indicators in relation to the legal and financial elements, in-

cluding:

Contract period

Transport of plastic waste

Innovation during the contract period

Guarantees

Payment structure

Financial incentives related to performance

Possibilities of treating plastic waste which is not included in the pro-

curement procedure in combination with the plastic waste included in

the procurement procedure

Presentation and recommendations for possible solutions, including:

Need for establishment of a new plastic sorting and reprocessing facility

and possible locations

Possible manufacturing of products on the basis of the reprocessed

plastic from the plastic waste

The estimated time limit for receipt of the consultation paper for dialogue meet-

ing 1 is in week 23 of 2017.

The dialogue meetings are scheduled to take place in Copenhagen in week 25 of

2017.

8.2.2 Dialogue meeting 2: Review of procurement documents and proposed solution(s)

Before dialogue meeting 2, CLEAN will simultaneously send the economic opera-

tors a revised version of the technical specifications and the draft contract, an

agenda for the dialogue meeting, the specific details to be discussed, the required

deliveries of the economic operator and the time, place and duration of the dia-

logue meeting.

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The purpose of dialogue meeting 2 is to discuss the revised technical specifica-

tions and the revised draft contract in order for CLEAN to define the provisions

with sufficient detail and with positive incentives without unnecessary burdens

and cost drivers. Furthermore, the purpose of dialogue meeting 2 is also to en-

sure that there are no provisions in the procurement documents which have the

effect that the economic operators are unable to submit final tenders without

provisos.

The estimated time limit for receipt of the consultation paper for dialogue meet-

ing 2 is in week 38 of 2017.

The dialogue meetings are scheduled to take place in Copenhagen in week 40 of

2017.

8.3 Amendments

Where amendments are made to the procurement documents as a result of the

dialogue, all participating economic operators will be informed of such amend-

ments simultaneously.

8.4 Documentation

CLEAN will document the dialogue and if necessary circulate relevant, general in-

formation to all participating economic operators after each round of dialogue

meetings.

CLEAN will also send minutes from the dialogue meeting to the relevant economic

operators with feedback regarding the proposed solution or solutions. The

minutes will be treated as confidential information and will naturally not be dis-

closed to other economic operators.

8.5 Reduction of the number of solutions during dialogue

CLEAN will not limit the number of solutions during the dialogue.

8.6 Closing of dialogue

CLEAN will simultaneously and in writing declare the dialogue closed and invite

the participating economic operators to submit their final tenders on the basis of

the revised procurement documents.

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The revised procurement documents will be sent simultaneously to the participat-

ing economic operators.

9. Final tender

9.1 Contents of final tenders

Final tenders must include:

1 signed original

5 printed copies

1 electronic copy (PDF file) on a USB memory stick

The required documents and information will be specified in the revised pro-

curement documents.

9.2 Estimated time limit for receipt of final tenders

Date: 23 February 2018 Local time: 12:00

The exact time limit for receipt of final tenders will be specified in the revised pro-

curement documents.

9.3 Minimum time frame during which the tenderer must maintain the tender

The final tenders must be valid until 6 months from the date stated for receipt of

the final tender.

9.4 Conditions for opening of tenders

The final tenders will not be opened until after expiry of the time limit for receipt

of final tenders.

Economic operators will not be entitled to attend the opening of the final tenders.

9.5 Clarification of final tenders

In accordance with section 71(3) of the Public Procurement Act, the final tenders

may be clarified, specified and optimised at the request of CLEAN. However, this

may not involve changes to essential aspects of the procurement procedure or

the tender or distort competition or otherwise have a discriminatory effect.

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10. Award of contract

10.1 Award criteria

The contract will be awarded based on the award criterion best price quality ratio

on the basis of the following sub-criteria:

Costs (30-50%)

Quality (30-50%)

Legal and financial elements (10-30%)

10.2 Evaluation of costs

CLEAN will evaluate the final tenders in relation to the sub-criterion costs based

on the total price based on the estimated quantities of plastic waste.

10.3 Evaluation of qualitative sub-criteria

10.3.1 Point scale for qualitative sub-criteria

CLEAN will award a number of points for the qualitative sub-criteria on an scale

from 0 to 10 where 0 is the lowest possible score and 10 is the highest possible

score.

CLEAN will award points individually on the basis of an assessment of the degree

of fulfilment of each sub-criterion. It is therefore possible that no final tender will

be awarded maximum points, just as 2 or more final tenders may be awarded the

same number of points for a sub-criterion.

10.3.2 Evaluation of quality

In relation to the sub-criterion quality, CLEAN will attach special importance to

that the plastic waste is sorted and separated into individual polymers in a quality

that can be reused or recycled and thereby replace the use of virgin plastic.

In addition, CLEAN will also attach special importance to the rate (quantity) of the

plastic waste that is prepared for reuse or recycled instead of other means of re-

covery operations, including energy recovery.

CLEAN will also attach special importance to that the economic operator will en-

sure a high level of transparency through the entire process and supply-chain by

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effective means for quality control, traceability in the waste stream, supervision

and audits.

Finally, CLEAN will also emphasise that there is a safe and healthy work environ-

ment where manual handling of waste materials is minimised and the proportion

of equipment to be used that is powered by energy from renewable sources in

accordance with Directive 2009/28/EC on the promotion of the use of energy from

renewable sources and amending and subsequently repealing Directives

2001/77/EC and 2003/30/EC.

10.3.3 Evaluation of legal and financial elements

In relation to the sub-criterion legal and financial elements, CLEAN will attach spe-

cial importance to that the economic operator will assume obligations to invest in

innovation and implementing new technology or methods of operation during the

contract period in order to improve the performance and the overall environmen-

tal outcome.

In addition, CLEAN will attach special importance to that the contractual obliga-

tions of the Contracting Authorities are minimised and that the economic opera-

tor offers to reduce the prices for the treatment of plastic waste during the con-

tract period.

CLEAN will also emphasise that the economic operator offers an organisation with

simple and direct lines of communication with the Contracting Authorities and

where the key persons have the necessary educational and professional qualifica-

tions.

In addition, CLEAN will also emphasise that the average distance of transport of

plastic waste (based on the quantities and addresses in Appendix 2:) from the

Contracting Authorities to the economic operator’s treatment facility is minimised.

Finally, CLEAN will emphasise that the economic operator offers a high level of

flexibility in the ways that the Contracting Authorities can deliver the plastic waste.

10.4 Combination of costs and qualitative sub-criteria

For the combination of costs and qualitative sub-criteria, CLEAN will use a calcula-

tion model where the awarded points for the qualitative sub-criteria are convert-

ed into costs supplements on the basis of the average costs of the received final

tenders.

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Afterwards, the costs and the costs supplements of each final tender are added

up to a total evaluation price.

The “costs supplements” and the “total evaluation price” are calculated figures for

the use of the evaluation alone.

The “average costs” is the mean value of the costs in the received final tenders.

The “costs supplements” of each qualitative sub-criterion is calculated using the

following:

Costs supplements = Average costs / 10 * (10 – awarded points for the qualitative

sub-criteria) * Weight of qualitative sub-criteria

The “total evaluation price” is calculated using the following:

Total evaluation price = (Costs * Weight of costs) + “Costs supplements 1” + “Costs

supplements 2” + […]

The final tender with the lowest total evaluation price is deemed as having the

best price quality ratio.

10.5 Documentation

Before CLEAN decides to award the contract, the tenderer to which CLEAN intends

to award the contract must present any updated or otherwise necessary docu-

mentation of the information provided before selection, cf. section 7.11.

The economic operator must also present documentation that no identified sub-

contractor in the final tender is subject to the grounds for exclusion, cf. section

7.6, in accordance with section 152 of the Public Procurement Act.

10.6 Information regarding award of contract

CLEAN will inform all economic operators involved simultaneously and in writing

of the decisions made regarding award of contract.

Information to the winning economic operator will not necessarily result in the

conclusion of contracts and such information does therefore not entail a promise

to enter into contracts.

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The Contracting Authorities may not conclude contracts until after the expiry of

the standstill period under section 3 of the Act on the Danish Complaints Board

for Public Procurement, at the earliest.

10.7 Finalising of contract

In accordance with section 72(2) of the Public Procurement Act, CLEAN may carry

out negotiations with the economic operator which submitted the winning tender.

Negotiation will take place with a view to confirming the financial duties or other

terms of the tender, including determining the Contracting Authorities who will

conclude contracts with the economic operator. Negotiations may not result in

material changes, including minimum requirements and award criteria.

The economic operator will be entitled to withdraw the final tender if the total ex-

pected quantity of plastic waste is less than 12,000 tonnes per year.