Supplies - 359997-2017

14/09/2017    S176    - - Supplies - Contract notice - Open procedure 

Ghana-Accra: Motor vehicles

2017/S 176-359997

Contract notice

Supplies

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Danish Embassy in Ghana
67, Dr Isert Road, North Ridge, PO Box CT 596
Accra
Ghana
Contact person: Angela Farhat
E-mail: accamb@um.dk
NUTS code: DKZ

Internet address(es):

Main address: http://ghana.um.dk

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/281402

I.2)Joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=194016&B=KA
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=194016&B=KA
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Other activity: development assistance

Section II: Object

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

Procurement of vehicles for the tax and development programme in Ghana.

Reference number: F.2017-17357
II.1.2)Main CPV code
34100000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The procurement is part of a Danida-funded development program in Ghana. The objective of the assignment is to procure 21 specified vehicles for implementation of the Danish Tax and Development programme in Ghana, including 10 pickups with 4-wheel drive and dual cab (4 door), 5 pickups with 4-wheel drive and dual cab (4 door) for Canine Unit, and 6 saloon cars (4 door). See II.2.4).

II.1.5)Estimated total value
Value excluding VAT: 4 800 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
34113000
34113200
34113300
34115200
II.2.3)Place of performance
NUTS code: DKZ
Main site or place of performance:

Ghana.

II.2.4)Description of the procurement:

The procurement consists of:

1) 10 pickups with 4-wheel drive and dual cab (4 door): The vehicles offered should be based on the manufacturer’s current standard production model. They should be suitable for continuous and strenuous operations in general ‘On and Off’ road tropical conditions, in all areas of Ghana. They should be of sturdy construction and good quality. See Annex 1 in the tender dossier for further requirements.

2) 5 pickups with 4-wheel drive and dual cab (4 door) for Canine Unit: The vehicles offered should be based on the manufacture’s current standard production model. They should be suitable for continuous and strenuous operations in general ‘On and Off’ road tropical conditions, in all areas of Ghana. They should be of sturdy construction and good quality. Each Vehicle will be used to transport 2 working dogs in the rear cargo compartment. See Annex 2 in the tender dossier for further requirements.

3) 6 saloon cars (4 door): The vehicles offered should be based on the manufacturer’s current standard production model, which conforms as near as possible to the following specifications. Vehicles should be suitable for continuous and strenuous operations in tropical condition and for use in all areas of Ghana. See Annex 3 in the tender dossier for further requirements.

II.2.5)Award criteria
Criteria below
Price
II.2.6)Estimated value
Value excluding VAT: 4 800 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
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

The vehicles must be delivered DAT Tema Port, Ghana Incoterms® 2010. The exact terminal in the port will be specified later by the Danish Embassy in Ghana.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

Not applicable.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

The tenderer must submit the European Single Procurement Document (‘ESPD’) with the following information (see uploaded Guide to the Single Procurement Document ESPD):

The tenderer's total annual turnover in the last 3 financial years available.

The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirements in respect of economic and financial capacity.

Before the decision to award the contract is made, the tenderer to whom the contracting authority intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

When required by the contracting authority, the tenderer must submit the following documentation of economic and financial capacity:

A statement regarding the operator's overall turnover in the last 3 financial years available, depending on the date when the operator was set up or started trading, as far as the information on these turnovers is available. For groups of operators (e.g. a consortium), the information must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, sister company or a sub-contractor), the information must be submitted for these entities also.

Where an operator relies on the capacity of other entities (e.g. a parent company, sister company or a sub-contractor), regardless of the legal nature of the links between the operator and such other entities, the operator must include documentation in its tender that it will have at its disposal the resources necessary for the performance of the contract by producing an undertaking of support or other documentation that the tenderer has in fact at its disposal the required economic and financial capacity. It must be documented that the entity in question is legally obliged to the tenderer. Failing this, the contracting authority will not take into account the capacity of other entities. The contracting authority has drawn up a template for the undertaking of support for the tenderer to use.

Minimum level(s) of standards possibly required:

As a minimum requirement, a total annual turnover of at least 9 000 000 DKK is required in each of the 3 last financial years available. If the tenderer relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the tenderer and such other entities in each of the 3 last financial years available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the 3 last financial years available. The information is to be stated in section IV.B of the ESPD. Reference is made to the contracting authority's guide to the ESPD.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Using the ESPD, the tenderer should provide:

A list of the most significant comparable supplies, see sections II.1.4) and II.2.4) that the tenderer has carried out in the last 3 years before the expiry of the tender deadline depending on when the tenderer was set up or started trading.

Each reference is requested to include a brief description of the delivery performed. The delivery description should include a clear description of the supplies set out in sections II.1.4) and II.2.4) to which the delivery related and the tenderer's role(s) in the performance of the delivery. The delivery description should moreover include the financial value of the delivery (amount), the date of the delivery, and the name of the customer (recipient).

When indicating the date of the delivery, the tenderer is requested to indicate the date when the delivery was commenced and finalised. If that is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the tenderer is asked to indicate in the description of the delivery how the date is specified.

No more than 5 references may be stated irrespective of whether the tenderer is a single operator, whether the tenderer relies on the technical capacity of other entities, or whether the tenderer is a group of operators (e.g. a consortium).

If more than 5 references are stated, only the first 5 references will be taken into account. Any additional references will be disregarded.

The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirements in respect of technical and professional capacity, see section III.1.3).

Before the decision to award the contract is made, the tenderer to whom the contracting authority intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

No additional documentation of technical and professional capacity will be required from the tenderer. However, the contracting authority reserves the right to contact the tender or the customer indicated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

Where an operator relies on the capacity of other entities (e.g. a parent company, sister company or a sub-contractor) regardless of the legal nature of the links between the operator and such other entities, the operator must include documentation in its tender that it will have at its disposal the resources necessary for the performance of the contract by producing an undertaking of support or other documentation that the tenderer has in fact at its disposal the required technical and professional capacity. It must be documented that the entity in question is legally bound towards the tenderer. Failing this, the contracting authority will not take into account the capacity of other entities. The contracting authority has drawn up a template for the undertaking of support that the tenderer may use.

Minimum level(s) of standards possibly required:

As a minimum requirement, minimum 2 comparable supplies with a value each of minimum 1 000 000 DKK performed is required during the 3 last years.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The winner of the contract will be required to perform the supplies in compliance with the Danida Anti-corruption Code of Conduct and the principles of the UN Global Compact.

A group of economic operators will be required to enter a joint venture agreement. Where a joint venture is proposed, the Danish Embassy in Ghana will require that all members of the joint venture are jointly and severally liable. Furthermore the members shall establish common Quality Assurance and Business Integrity Management systems for the implementation of the contract.

III.2.3)Information about staff responsible for the performance of the contract

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
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
An electronic auction will be used
Additional information about electronic auction:

See Tender Document, Instructions to Tenderers section 7.8.

IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 17/10/2017
Local time: 14:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 2 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 17/10/2017
Local time: 14:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

The meaning of ‘local time’ is Central European Summer Time (CEST).

Any legal entity may only submit 1 Tender. The tender and the ESPD shall be submitted electronically using the web-based tendering system provided by Kammeradvokaten following the instructions in the Tender Document. Tenders cannot be submitted using any other means. The tendering system can be accessed using the link set out in section I.3. If not already registered in the system access to the tender documents can be obtained by registering using the link ‘Online registration’. The ESPD is completed via: https://ec.europa.eu/growth/tools-databases/espd/filter?lang=da. where the Tenderer is to upload the XML file, complete it and then save it locally. It is the responsibility of the Tenderer to keep informed of questions and answers and any addenda and/or clarification published in the system in respect of this tender. In case of technical problems with the system the Tenderer can contact technical support either per e-mail: dksupport@eu-supply.com or per telephone on (+45) 70 20 80 14.

The Embassy shall exclude a Tenderer from participation in the procurement procedure where it has established that the Tenderer is covered by the exclusion grounds listed in the Danish Public Procurement Act, (Udbudsloven) §135 and §136 (EU Directive 2014/24/EU of the European Parliament and of the Council, article 57(1)-(3), and article 57 (4)(e),(f) and (h).) (i.e. Grounds relating to criminal convictions, grounds relating to the payment of taxes or social security contributions, Grounds relating to conflicts of interests or distortion of competition from the prior involvement of the economic operators in the preparation of the procurement procedure, if this cannot be remedied by other, less intrusive measures, guilty of serious misrepresentation of information).

The Embassy will exclude a Tenderer from the procurement procedure if the Tenderer is in a situation covered by the Danish Public Procurement Act §137, stk. 1, No 2. (EU Directive 2014/24/EU of the European Parliament and of the Council, article 57 (4) (b).) (i.e. Grounds relating to insolvency). Before award of contract, the Embassy will require that the Tenderer to whom it intends to award the contract presents documentation for the claims given in the ESPD proving the absence of grounds for exclusion, as stipulated in the Danish Public Procurement Act §135, stk. 1 and 3, and §137 stk. 1, no. 2. (EU Directive 2014/24/EU of the European Parliament and of the Council, article 57 (1), article 57 (2), and article 57 (4)(b)) (i.e. Grounds relating to criminal convictions, the payment of taxes or social security contributions and grounds relating to insolvency).

For Danish tenderers documentation can be in the form of a ‘serviceattest’. Entities from other EU member states may identify the relevant certificate(s) using the online platform e-Certis to the extent this has been updated. Where the country in question does not issue such documents or certificates, or where these do not cover all the cases specified, they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established.

The Embassy reserves the right — but is not obliged — to use the remedies provided for in the Danish Public Procurement Act, §159, stk. 5, if applications or tenders do not fulfil the formalities of the tender documents. (EU Directive 2014/24/EU of the European Parliament and of the Council, article 56 (3)).

Rationale for not splitting the contract up into lots (cf. Danish Public Procurement Act §49, stk. 2): This contract has not been split into lots due to market and economic considerations. The size and character of the services to be provided makes it unsuitable for distributing over several lots.

The Embassy opposes exclusive agreements with sub-consultants, be they organisations or individuals.

VI.4)Procedures for review
VI.4.1)Review body
Klagenævnet for Udbud (The Danish Complaints Board for Public procurement)
Nævnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 72405708
E-mail: klfu@naevneneshus.dk

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

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

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1)(i) of the Act and section 171(2) of the Danish Public Procurement Act.

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union that the contracting authority has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the contracting authority has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision.

3) 6 months after the contracting authority entered into a framework agreement calculated from the day after the day when the contracting authority notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.

4) 20 calendar days calculated from the day after the contracting authority has submitted notification of its decision; see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged during the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).

The Complaints Board's own complaints procedure is available at https://erhvervsstyrelsen.dk/klagevejledning-0

VI.4.4)Service from which information about the review procedure may be obtained
Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
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:
12/09/2017