183468-2018 - CompetitionDenmark-Ballerup: Parts of firearms and ammunition
OJ S 82/2018 27/04/2018
Contract notice
Supplies
Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1.
Name and addresses
Official name: Danish Defence Acquisition and Logistics Organizations
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK Danmark
Postal code: 2750
Country: Denmark
Contact person: Tine Rindholm
E-mail: fmi-id-sma02@mil.dk
Telephone: +45 72814000
Internet address(es):
Main address: https://www.ethics.dk/ethics/eo#/f7b912f1-c42d-4512-a817-7ba660f7fd82/homepage
I.3.
Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/f7b912f1-c42d-4512-a817-7ba660f7fd82/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#/f7b912f1-c42d-4512-a817-7ba660f7fd82/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#/f7b912f1-c42d-4512-a817-7ba660f7fd82/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
Flexible parts for the Rifle Family Colt Canada C7, C8 and SIG MCX
II.1.2.
Main CPV code
35340000 Parts of firearms and ammunition
II.1.3.
Type of contract
Supplies
II.1.4.
Short description
The Danish Defence operates in various environments across the globe, which means that the Danish Defence uses a variety of different weapon systems including the Rifle family. The various environments and different needs from the operators demands for flexible parts to personalize and modularize the individual weapons to these environments and/or operator.
The tender is divided into 3 (three) lots:
Lot nº 1: Magazines, grips, stocks, rail protection and MLOK.
Lot nº 2: Angled front grip.
Lot nº 3: Slings.
A tenderer can submit an offer for 1 (one), 2 (two) or all lots.
Please note that the tenderer must deliver test specimens to DALO no later than 27.7.2018 at 13:00 hrs. See clause 7.3 in Instruction to tenderes for further instructions.
II.1.5.
Estimated total value
Value excluding VAT: 11 000 000,00 DKK
II.1.6.
Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2.
Description
II.2.1.
Title
Magazines, grips, stocks, rail protection and MLOK
Lot No: 1
II.2.2.
Additional CPV code(s)
35340000 Parts of firearms and ammunition
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.4.
Description of the procurement
Flexible parts include accessories used to customize the specific rifle, according to the individual operator’s personal needs. Flexible parts are divided in following categories:
— Magazine and accessories.
— Grips (pistol and front) and accessories.
— Stocks and accessories.
— Rail protection and accessories.
— MLOK.
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
Value excluding VAT: 8 000 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
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.2.13.
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 agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the agreement.
II.2.
Description
II.2.1.
Title
Angled front grip
Lot No: 2
II.2.2.
Additional CPV code(s)
35340000 Parts of firearms and ammunition
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.4.
Description of the procurement
Flexible parts include accessories used to customize the specific rifle, according to the individual operator’s personal needs. Flexible parts are divided in following categories:
Angled Front Grip.
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
Value excluding VAT: 800 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.10.
Information about variants
Variants will be accepted: yes
II.2.11.
Information about options
Options: no
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 agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the agreement.
II.2.
Description
II.2.1.
Title
Slings
Lot No: 3
II.2.2.
Additional CPV code(s)
35340000 Parts of firearms and ammunition
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.4.
Description of the procurement
Flexible parts include accessories used to customize the specific rifle, according to the individual operator’s personal needs. Flexible parts are divided in following categories:
Slings and attachments.
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
Value excluding VAT: 2 200 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
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.2.13.
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 agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the agreement.

Section III: Legal, economic, financial and technical information

III.1.
Conditions for participation
III.1.2.
Economic and financial standing
List and brief description of selection criteria:
There are no "economic and financial standing" criterias.
III.1.3.
Technical and professional ability
List and brief description of selection criteria:
The tenderer 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), in regard to the lot or lots in respect of which the tenderer has submitted an offer, carried out within the past 3 (three) years, prior to the deadline for the submission of the offer, 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) in regard to the lot or lots in respect of which the tenderer has submitted an offer. The description should also include a description of the tenderers 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 tenderer is asked to provide as much generic information as possible about the delivery). When specifying the date for the deliveries, the tenderer 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.
Only the deliveries (references) performed at the time of the deadline for the submission of the offer 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 submission of the offer which will be included in the assessment of the delivery.
The list must contain a maximum of 3 previous deliveries whether the tenderer is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures or relies on the technical and professional capacity of other entities. If the list contains more than 3, DALO will only consider the first 3 deliveries on the list. Deliveries beyond this number will be disregarded.
A tenderer 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 tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer shall ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderers own ESPD. The entity or entities’ ESPD must equally provide the information listed above.
The tenderer will not be required to present further documentation for the technical and professional capacity (i.e. the information stated in the ESPD is considered sufficient). However, DALO reserves the right to contact the tenderer and/or the recipients of the deliveries in order to verify the information stated in Part IV, section C in the ESPD, including details on the specified dates of the performance of the deliveries.
Minimum level(s) of standards possibly required:
The tenderer must demonstrate experience with as a minimum 1 similar delivery within the past 3 years, prior to the deadline for the submission of the offer.
A similar delivery means that the tender has experience with delivering deliverables in regard to the lot or lots to a ministry or any other national or federal authority including their regional or local subdivision.
III.2.
Conditions related to the contract
III.2.2.
Contract performance conditions
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 framework agreement must be conducted in consideration of corporate social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

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
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
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.2.2.
Time limit for receipt of tenders or requests to participate
Date: 18/06/2018 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: 6 (from the date stated for receipt of tender)
IV.2.7.
Conditions for opening of tenders
Date: 18/06/2018 Local time: 13:05

Section VI: Complementary information

VI.1.
Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:
2. quarter of 2021
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 tenderer and each of the legal entities whose capacities the tenderer 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 tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the tenderer 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 tenderers 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 tenderer to use this XML-file when completing the ESPD. The tenderer 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.
The tenderer may submit an ESPD for each lot.
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 tenderer relies on the capacity of other entities, cf. Section III.1.2 and III.1.3, the tenderer shall upon request provide statements of support or other documentation proving that the tenderer 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 tenderer. 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 tenderers to use this form. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements.
DALO shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the tenderer has provided sufficient documentation that the tenderer 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.
If the same legal entity is a part of or in any other way participates in several offers, e.g. submits his own offer and at the same time participates in a consortium which also submits an offer, the tenderers shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their offers. DALO reserves the right to request the tenderers to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
Regarding Contract Notice Section II.1.6): Since the procurement is divided into lots the tenderer is asked to state in the ESPD Part II, section A which lot or lots the offer concerns. Please note, that a tenderer can only submit one offer for each lot.
DALO reserves the right – but is not obliged – to use the remedies provided for in Section 159(5) of the the Danish Act on Public Procurement (act no. 1564 of 15.12.2015 – available at www.retsinformation.dk) if applications or offers do not fulfil the formalities of the tender documents.
VI.4.
Procedures for review
VI.4.1.
Review body
Official name: Klagenævnet for udbud
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
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 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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 standstill 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
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk
VI.5.
Date of dispatch of this notice
26/04/2018