Supplies - 366166-2017

19/09/2017    S179    - - Supplies - Contract notice - Competitive procedure with negotiation 

Denmark-Ballerup: Boats

2017/S 179-366166

Contract notice

Supplies

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Danish Defence Acquisition and Logistics Organizations
16-28-71-80
Lautrupbjerg 1-5
Ballerup
2750
Denmark
Contact person: Mia Bjerring Birkebæk
E-mail: FMI-JA-S116@mil.dk
NUTS code: DK

Internet address(es):

Main address: www.fmi.dk

I.2)Joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/d5c7ba7d-7d66-4084-bd72-0c59a7e5e9af/publicMaterial
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.ethics.dk/ethics/eo#/d5c7ba7d-7d66-4084-bd72-0c59a7e5e9af/homepage
Tenders or requests to participate must be submitted to the abovementioned address
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.ethics.dk/ethics/eo#/d5c7ba7d-7d66-4084-bd72-0c59a7e5e9af/homepage
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
Defence

Section II: Object

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

The acquisition of 1 (one) Station Vessel.

II.1.2)Main CPV code
34520000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

This tender procedure concerns the award of a contract regarding one (1) new fully equipped Station Vessel (workboat), including initial spare part packages and training for operation in the waters of Denmark. The Station vessel and equipment, shall be delivered full operative at the navy base in Korsør Denmark.

The operation season for the Station Vessel is all year.

II.1.5)Estimated total value
Value excluding VAT: 20 000 000.00 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)
II.2.3)Place of performance
NUTS code: DK
II.2.4)Description of the procurement:

The Royal Danish Navy has a firing practice area at Sjællands Odde, Denmark, where the navy school ‘Søværnets Skole (SSK), Center for Våben (VBC)’ is located.

The existing station vessel, LUNDEN Y343, associated to the school, is working with launching of drones, positioning and towing of targets and as a guard vessel though the vessel is not designed specifically for these purposes.

It has been decided to replace the existing vessel with a more suitable vessel with respect to e.g. deck capacity, speed and accommodation.

Danish Defence Acquisition and Logistics Organization (DALO) wishes to procure one (1) new Station Vessel.

The new vessel is expected to operate in the Danish waters around Sjællands Odde in daytime as well as in night-time. The operation season is all year.

The station vessel is intended broadly applicable, but shall as a minimum be suitable for launching of drones, positioning and towing of targets and as a guard vessel.

The vessel can be crewed day and night and appropriate accommodation for the crew is required. The vessel shall be able to carry up to 12 passengers.

The performance of the successful station vessel under way, is in accordance with the following properties:

— The hull form offers a stable and safe platform during work on deck.

— The hull form offers a stable and safe platform during personnel transfer by pilot ladder, while the vessel is not making way through the water.

— The dimensions of the vessel allow the vessel to operate from Odden Havn, Denmark.

— The vessel takes none or insignificant amount of water over the aft deck during manoeuvring in general.

— The vessel takes none or insignificant amount of water over the aft deck during manoeuvring astern.

— The vessel has good seaworthiness.

— The freeboard on the aft deck is the lowest possible.

— The vessel shows good manoeuvrability under all conditions in general.

— The vessel shows good manoeuvrability when making sternway.

— The vessel is able to manoeuvre at all relevant speeds down to 1 knot in towing condition.

— The vessel is able to manoeuvre at all speeds down to 1 knot.

— The vessel is able to manoeuvre in extremely narrow spaces and ports.

— The vessel has good directional stability when going astern.

— The vessel has good directional stability when towing with a speed of 3 kn.

— The vessel has in general a good stability.

— Practical and user friendly bridge and accommodation arrangements.

A good and flexible work deck shall be arranged.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 18/06/2018
End: 18/04/2019
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 6
Objective criteria for choosing the limited number of candidates:

The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.4) and section II.2.4) above, in terms of the nature and quantity of the previous deliveries and in terms of suitable production facilities as described in section III.1.3). The evaluation will be based on the list submitted by the candidates in the European Single Procurement Document (ESPD) according to section III.1.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.

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 contract is not divided into lots on the grounds that a division of the contract would not ensure a sufficient competition in the current market.

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

The candidate must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:

Its general yearly turnover for the last 3 financial years to the extent such information is available, cf. Part IV, section B, and its equity ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available, cf. Part IV, section B.

Upon request from DALO the tenderer must submit the following documentation:

Annual reports or excerpts hereof or other documentation stating the candidate's general yearly turnover for the last 3 financial years if publication of annual reports is required under the law of the country in which the candidate is established, and to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Annual reports or excerpts hereof or other documentation stating the candidate's equity ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Be advised that DALO at any time during the procurement procedure can request that the candidate presents the above mentioned documentation if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation, DALO will set an appropriate time limit for the submission of the documentation.

Please note that a candidate may rely on the economic and financial standing of other entities (e.g. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities' ESPD must equally provide the information listed above.

Minimum level(s) of standards possibly required:

The candidate must have had a general yearly turnover of at least 15 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.

If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turnover is calculated as the sum of all the participants' general yearly turnover in each of the last 3 financial years available.

If the candidate relies on the economic and financial standing of an entity or entities, the general yearly turnover will be calculated as the sum of the candidate's general yearly turnover and the entity or entities' general yearly turnover in each of the last 3 financial years available.

The candidate must have had a positive equity ratio for each of the last 3 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity / total assets x 100).

If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants' equities with the sum of all the participants' total assets (sum of equity / sum of total assets x 100) in each of the last 3 financial years available.

If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate's and the entity or entities' equity with the sum of the candidate's and the entity or entities' total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.

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

The candidate must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:

A list of the most important similar deliveries (references), cf. section II.1.4) and II.2.4), carried out within the past 3 (three) years, prior to the deadline for the request to participate, cf. Part IV, section C. The list should preferably include a short description of each delivery. The description should include a clear indication of which specific parts of the deliveries that are similar to the supplies as described in section II.1.4) and II.2.4). The description should also include a description of the candidates participation/role in the performance of the deliveries. The description should contain information on the date of the deliveries, the size and value of the deliveries, the recipients of the deliveries (specific names/countries are preferred, but not necessary; if no country specific information is included, the candidate is asked to provide as much generic information as possible about the delivery). When specifying the date for the deliveries, the candidate should state the date of commencement and completion. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis according to a framework agreement, the description of the deliveries should nonetheless contain information on how the date is set.

Similar deliveries are defined as workboats that has been designed, built and put into operation within the last 3 years, and operated successfully for minimum 2 months. The references shall be provided by completing the eESPD Part IV.C. Any ambiguities will be at the candidate's own risk. Furthermore the candidate should in the ESPD provide DALO with a description and/or illustration of the candidate's production facilities. Production facilities is defined as: Production facilities suitable for purpose of production and delivery of workboats. The candidate should describe and/or illustrate the following: Facilities for storing and handling of materials and equipment, Production workshops, Assembly areas, Test facilities and Design capacity. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing 1) whether the minimum requirement for suitability stated below is fulfilled and 2) which candidate has documented the most relevant previous deliveries, cf. section II.2.9). If the delivery in question is ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery.

A candidate may rely on the technical and professional capacity of other entities (e.g. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities' ESPD must equally provide the information listed above.

Minimum level(s) of standards possibly required:

The candidate/tenderer must demonstrate experience with as a minimum 1 similar delivery within the past 3 years, prior to the deadline for the request to participate.

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

If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.

Reference is made to the tender documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments. At present, this is Danish consolidation act. No 798 of June 2007 which requires electronic invoicing. Exact terms are stated in the contract.

No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liabilities and to appoint one supplier to represent the group.

The contract must be conducted in consideration of social responsibility (CSR) and it contains a labour clause, please see Contract clause 4.10 for further information.

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
Competitive procedure with negotiation
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.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
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: 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: 13:00
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: 9 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

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

DALO demands that the candidate and each of the legal entities whose capacities the candidate relies on undertake joint and several liability for the performance of the contract.

The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the candidate apply the ESPD as preliminary evidence that the candidate is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2) and III.1.3), and how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. section II.2.9).

The candidates and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD. DALO has prepared an ESPD (an XML-file) available at ETHICS. DALO strongly encourages the candidate to use this XML-file when completing the ESPD. The candidate must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the ESPD can be completed and later exported. No other versions than the EPSD must be used.

Prior to decision on award of the contract, DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act. If a candidate relies on the capacity of other entities, cf. section III.1.2 and III.1.3, the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot consider the economic and financial standing and/or the technical and professional capacity of the other entity or entities. DALO has prepared a template to be used to confirm the legal obligation which is available at ETHICS. DALO strongly encourages the candidates to use this form. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements

DALO shall exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the candidate has provided sufficient documentation that the candidate is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.

For further information regarding this procurement, please see the enclosed document ‘Additional information to Contract Notice’.

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

Internet address:http://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 Section 3 of the Danish Consolidation Act No 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on The Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on The Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date).

2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision.

3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included a short account of the relevant reasons for the decision.

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.

The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said Act.

The e-mail of The Complaints Board for Public Procurement is stated in section VI.4.1.

The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in section VI.4.1.

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:www.kfst.dk

VI.5)Date of dispatch of this notice:
15/09/2017