Supplies - 371517-2017

21/09/2017    S181    - - Supplies - Contract notice - Negotiated procedure 

Denmark-Ballerup: Fasteners

2017/S 181-371517

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Danish Defence Acquisition and Logistic Organization
Lautrupbjerg 1-5
Contact point(s): Martin Porsborg-Smith
2750 Ballerup
Denmark
Telephone: +45 41740616
E-mail: fmi-id-sma11@fiin.dk

Internet address(es):

General address of the contracting authority/entity: https://www.ethics.dk/ethics/eo#/87d894c2-e2fe-4171-91f3-aa41913bf422/homepage

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities/entities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Weapon Brackets and Weapon Bags.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase

NUTS code DK

II.1.3)Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 3

Duration of the framework agreement

Duration in years: 7

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 10 000 000 DKK
II.1.5)Short description of the contract or purchase(s):
The Danish Defence Acquisition and Logistics Organization (DALO) is putting the acquisition of Weapon Brackets up for tender. The tender will be divided into 2 lots, including
Lot 1: Mechanical Weapon Brackets
Lot 2: Weapon Bags
DALO is looking for one primary Weapon Bracket to fit all weapons in all vehicles in the Danish Defence. DALO has no knowledge of one specific product that is able to suit all situations. DALO estimates that a single Weapon Bracket cannot cover more than 80 % of the demand for securing weapons in DALO vehicles
The Weapon Brackets and Weapon Bags shall secure the weapon in order to protect personnel from injury during hazardous operations in terms of a mine or Improvised Explosive Device (IED)-blast scenario. The Weapon Brackets and Weapon Bags shall be integrable inside as many of the following vehicles as possible (non prioritized order):
ARV WISENT-1 (LEO 1 chassis)
BL BIBER (LEO 1 chassis)
MBT Leopard 2A5 and 2A7
IFV CV9035 DK
APC M113 G4
EAGLE IV 4X4
MAN SX/HX 8X8
EAGLE V — Armoured Patrol Vehicle
The award of the contract(s) — guidelines regarding lot 1: In order to cover a demand of Weapon Brackets as close to 100 % as possible, DALO will use a ‘requirement-model’ which implies signing more than one tenderer. During the 7 year period of the framework agreement DALO will use different Weapon Brackets from different suppliers in different vehicles based on objective and fair assessments as well as complying with the principles of proportionality, transparency and equality. The conditions will be described in the tender material.
As part of the evaluation of the offered equipment the Danish Defence will test the product for the verification of the claimed performance. The verification will be based on a field test and a crash test. The tests will be conducted in Oksboel. The framework agreement includes a sustainment agreement covering spare parts and technical support.
The award of the contract — guidelines regarding lot 2: DALO will only sign with one single operator.
II.1.6)Common procurement vocabulary (CPV)

44530000, 35400000, 35300000, 35420000

II.1.7)Information about subcontracting
The tenderer has to indicate in the tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed
The tenderer has to indicate any change occurring at the level of subcontractors during the execution of the contract
II.1.8)Lots
This contract is divided into lots: yes
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Approximately 10 000 units.
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Information about lots

Lot No: 1 Lot title: Mechanical Weapon Bracket
1)Short description
2)Common procurement vocabulary (CPV)

44530000, 35300000, 35400000, 35420000

3)Quantity or scope
Estimated value excluding VAT: 8 500 000 DKK
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 2 Lot title: Weapon Bag
1)Short description
2)Common procurement vocabulary (CPV)

44530000, 35300000, 35400000, 35420000

3)Quantity or scope
Estimated value excluding VAT: 1 500 000 DKK
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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 invoicing to be done electronically. Exact terms will be stated in the contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants are required to undertake joint and several liabilities and to appoint one supplier to represent the group.
III.1.4)Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:
The framework agreement must be conducted in consideration of social responsibility and it contains a labour clause, please see Appendix B for further information. The Appendix will be available when the tender is published.
III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established. A template for the declaration will be provided with the tender documents, and the tenderer is encouraged — but not obliged — to use it.
Be advised, that DALO shall exclude a tenderer which has unpaid overdue debt of 100 000 DKK or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established.
However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on the guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act no. 1564 of 15.12.2015 — The Public Procurement Act.
III.2.2)Economic and financial ability
III.2.3)Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met:
A list of the most important similar deliveries (references), cf. section II.1.5) in regards to the lots which the candidate has requested to participate, carried out within the past 2 (two) years prior to the deadline for the request to participate.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled. 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 (reference).
The list should preferably include a short description of each delivery. The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the supplies, described in section II.1.5, in regards to the lots which the candidate has requested to participate. The description should also including a description of the candidates participation/role in the performance of the deliveries. The description should also 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 should provide as much generic information as possible about the delivery).When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. 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.
Please note that 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.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum one similar delivery within the past two (2) years prior to the deadline for the request to participate.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 5
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on an evaluation of those candidates that have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) in regards to the lots which the candidate has requested to participate above. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). 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.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2017/S 108-218425 of 8.6.2017

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
3.11.2017 - 13:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information:
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC of the European Parliament and of the Council, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers.
Tenderers are expressly made aware that DALO reserves the right to regard the indicative offer (INDO) as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, i.e. without conducting any negotiations.
Please note, that each candidate can only submit 1 request pr. lot for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity's participation does not provide for opportunity for mutual coordination of their applications and offers. DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity's participation does not threaten the transparency and distort competition between the tenderers. DALO reserves the right — but is not obliged — to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act No 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the tender documents.
Candidates are asked to submit their request to participate via ETHICS. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. The permalink is stated in section I.1).
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Nævnenes Hus
Toldboden 2
8800 Viborg
Denmark
E-mail: E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: 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, 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. the principle in § 185(2) of the Public Procurement Act (act No 1564 of 15.12.2015 — available at www.retsinformation.dk).

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.4.3)Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk

VI.5)Date of dispatch of this notice:
19.9.2017