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287536-2023 - Competition

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2023-OJS93-287536-en
I.1.
Name and addresses
Official name: Danish Ministry of Defence Acquisition and Logistics Organisation
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: Rebecca Winther Christensen
Telephone: +45 51336218
Internet address(es):
Main address: www.fmi.dk
I.5.
Main activity
Defence
II.1.1.
Title
Acquisition of F-54 Automotive Diesel Fuel (Lot 1) and F-75 and F-76 Marine Gas Oil (Naval fuel) (Lot 2)
II.1.2.
Main CPV code
09100000 Fuels
II.1.3.
Type of contract
Supplies
II.1.6.
Information about lots
This contract is divided into lots: yes
II.2.1.
Title
F-54 Automotive Diesel Fuel
Lot No: 1
II.2.2.
Additional CPV code(s)
09134220 Diesel fuel (EN 590)
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.6.
Estimated value
Value excluding VAT: 155 040 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:
DALO shall be entitled to renew the Agreement on the same terms for one (1) year. Renewal shall not take place more than two (2) times. DALO shall give notice to the Supplier of renewal no later than 30 Days prior to the expiry of the Agreement.
II.2.1.
Title
F-75 and F-76 Marine Gas Oil (Naval Fuel)
Lot No: 2
II.2.2.
Additional CPV code(s)
09134000 Gas oils
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.6.
Estimated value
Value excluding VAT: 478 720 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:
DALO shall be entitled to renew the Agreement on the same terms for one (1) year. Renewal shall not take place more than two (2) times. DALO shall give notice to the Supplier of renewal no later than 30 Days prior to the expiry of the Agreement.
IV.2.1.
Previous publication concerning this procedure
Notice number in the OJ S: 2023/S 050-145323
IV.2.2.
Time limit for receipt of tenders or requests to participate
Date: 15/06/2023 Local time: 13:00
IV.2.4.
Languages in which tenders or requests to participate may be submitted
Danish, English
VI.5.
Date of dispatch of this notice
10/05/2023

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Notice

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2023-OJS93-287536-en
287536-2023 - CompetitionDenmark-Ballerup: Fuels
OJ S 93/2023 15/05/2023
Contract notice
Supplies
Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1.
Name and addresses
Official name: Danish Ministry of Defence Acquisition and Logistics Organisation
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: Rebecca Winther Christensen
Telephone: +45 51336218
Internet address(es):
Main address: www.fmi.dk
I.3.
Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/ad204762-8969-4562-ac85-29c6ca32f236/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#/ad204762-8969-4562-ac85-29c6ca32f236/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#/ad204762-8969-4562-ac85-29c6ca32f236/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
Acquisition of F-54 Automotive Diesel Fuel (Lot 1) and F-75 and F-76 Marine Gas Oil (Naval fuel) (Lot 2)
II.1.2.
Main CPV code
09100000 Fuels
II.1.3.
Type of contract
Supplies
II.1.4.
Short description
The Danish Defence requires:
-F-54 Automotive Diesel Fuel (Lot 1) for a range of ground based equipment, ranging from vehicles to emergency power generators. The fuel shall be able to be delivered by ship to Esbjerg Port, by ship to Aalborg Port and by refinery in Fredericia connected to the North European Pipeline System,
-F-75 and F-76 Marine Gas Oil (Naval Fuel) (Lot 2) for a range of naval based capacities, ranging from smaller vessels to be used in domestic Waters to larger ocean going vessels. The fuel shall be delivered at port on the two Danish Naval Bases in Frederikshavn (Frederikshavn Port) and Korsoer (Korsoer Port) and to Aalborg Port.
II.1.5.
Estimated total value
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
F-54 Automotive Diesel Fuel
Lot No: 1
II.2.2.
Additional CPV code(s)
09134220 Diesel fuel (EN 590)
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.4.
Description of the procurement
F-54 Automotive Diesel Fuel for a range of ground based equipment, ranging from vehicles to emergency power generators. The fuel shall be able to be delivered by ship to Esbjerg Port, by ship to Aalborg Port and by refinery in Fredericia connected to the North European Pipeline System,
II.2.5.
Award criteria
Criteria below
Price
II.2.6.
Estimated value
Value excluding VAT: 155 040 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:
DALO shall be entitled to renew the Agreement on the same terms for one (1) year. Renewal shall not take place more than two (2) times. DALO shall give notice to the Supplier of renewal no later than 30 Days prior to the expiry of the Agreement.
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
F-75 and F-76 Marine Gas Oil (Naval Fuel)
Lot No: 2
II.2.2.
Additional CPV code(s)
09134000 Gas oils
II.2.3.
Place of performance
NUTS code: DK Danmark
II.2.4.
Description of the procurement
F-75 and F-76 Marine Gas Oil (Naval Fuel) for a range of naval based capacities, ranging from smaller vessels to be used in domestic Waters to larger ocean going vessels. The fuel shall be delivered at port on the two Danish Naval Bases in Frederikshavn (Frederikshavn Port) and Korsoer (Korsoer Port) and to Aalborg Port.
II.2.5.
Award criteria
Criteria below
Price
II.2.6.
Estimated value
Value excluding VAT: 478 720 000,00 DKK
II.2.7.
Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:
DALO shall be entitled to renew the Agreement on the same terms for one (1) year. Renewal shall not take place more than two (2) times. DALO shall give notice to the Supplier of renewal no later than 30 Days prior to the expiry of the Agreement.
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:
The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD –) and provide the following information in the ESPD:
Its equity ratio (calculated by dividing the tenderer’s equity with the tenderer’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 tenderer’s equity ratio (calculated by dividing the tenderer’s equity with the tenderer’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 tenderer 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 tenderer 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 tenderer 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 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.
Minimum level(s) of standards possibly required:
The tenderer must have had a positive equity ratio of the last 3 financial years. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100).
If the tenderer 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 tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’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:
N/A
III.2.
Conditions related to the contract
III.2.2.
Contract performance conditions
Reference is made to the procurement documents regarding payment terms. See section VI.3 for further information.
The framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to appendix B and B.1 for further information. In the procurement of the framework agreement the risk profile is assessed to the following follow-up action (risk level): B. See the document "Additional information", which is located at the ETHICS-webportal, cf. section I.3, for further information.
DALO demands that the supplier at company level must possess the appropriate facility security clearance at CONFIDENTIAL. See section VI.3 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 several operatorsEnvisaged maximum number of participants to the framework agreement: 2
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
Notice number in the OJ S: 2023/S 050-145323
IV.2.2.
Time limit for receipt of tenders or requests to participate
Date: 15/06/2023 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
Danish, 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: 15/06/2023 Local time: 13:00

Section VI: Complementary information

VI.1.
Information about recurrence
This is a recurrent procurement: yes
VI.3.
Additional information
DALO demands that the tenderer and each of the legal entities whose economic and financial capacities the tenderer relies on undertake joint and several liability for the performance of the contract.
Regarding section III.2.2):
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 security clearance must be maintained throughout the term of the framework agreement. For further details see the framework agreement.
It is the candidate’s own responsibility to obtain the security clearance required to perform the framework agreement.
Regarding section IV.2.4): Note, that the procurement documents are in English. However, it is permissible to submit offers in either Danish or English. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English. DALO will conduct an information meeting before the deadline for application for participation, cf. section IV.3.4). The meeting will be conducted in English and DALO will distribute minutes of the meeting in English.
Regarding section II.2.6): The estimated value of the framework agreement for each of the two lots is as follows: Lot 1: 155.040.000,00 - 310.080.000,00 DKK, Lot 2: 478.720.000,00 - 957.440.000,00 DKK. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreements. Hence, the lower limit of the interval constitutes DALO's most qualified estimate of the actual value of the framework agreements at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreement in its duration.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding theDanish Defence’ operational needs through the duration of the framework agreement, including uncertainty about specific deployments and mission areas in particular, which is not possible to foresee for the entire span of the framework agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significant larger expenditure on the framework agreement than what is expected at the moment.
The tenderer must together with the tender submit an ESPD as preliminary evidence of the circumstances set out in § 148(1) (1-3) of the Public Procurement Act.
The tenderer and, if relevant, the participants in the group of entities or/and entities on which the tenderer relies on, must use the electronic version of the ESPD available at ETHICS’ web portal. The ESPD shall be fulfilled and submitted at ETHICS’ web portal in accordance with the instructions given by ETHICS. The ESPD document must be signed by the supporting entity. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consurtiums), each participant’s ESPD document must be signed by the participant in question. It is not necessary for the participant submitting the tender to sign his ESPD document.
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. Please see the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3), for further information on the matter.
DALO does not provide remuneration for the participants in the tender.
VI.4.
Procedures for review
VI.4.1.
Review body
Official name: Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
Telephone: +45 72405600
VI.4.3.
Review procedure
Precise information on deadline(s) for review procedures:
Pursuant to 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. The time limit is calculated from the day after the publication date.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the reasons for the decision.
3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates/tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the 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).
Contact information for 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 on the website 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 (The Danish Competition and Consumer Authority)
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
10/05/2023