Supplies - 65441-2021

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08/02/2021    S26

Denmark-Ballerup: Security, fire-fighting, police and defence equipment

2021/S 026-065441

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Official name: Danish Defence Acquisition and Logistics Organization
Postal address: Lautrupbjerg 1-5
Town: Ballerup
Postal code: 2750
Country: Denmark
Contact person: Paul E. Hansen
Telephone: +45 72814214

Internet address(es):

General address of the contracting authority/entity: www.fmi.dk

Electronic access to information: https://www.ethics.dk/ethics/eo#/84f0491d-d1a3-41cc-a85b-5507d053cbb6/homepage

Electronic submission of tenders and requests to participate: https://www.ethics.dk/ethics/eo#/84f0491d-d1a3-41cc-a85b-5507d053cbb6/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:
Anti-swimmer grenades, handthrown.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Main site or location of works, place of delivery or of performance: DK0 DANMARK.

NUTS code DK DANMARK,00 Not specified

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 a single operator

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: 11 400 000 DKK
II.1.5)Short description of the contract or purchase(s):
Anti-swimmer grenade (ASG), handthrown. Used for protection of fx. ships in harbour against hostile swimmers and frogmen. Similar function as handgrenades, only used under water.
II.1.6)Common procurement vocabulary (CPV)

35000000 Security, fire-fighting, police and defence equipment, 35300000 Weapons, ammunition and associated parts, 35310000 Miscellaneous weapons, 35331300 Grenades

II.1.7)Information about subcontracting
II.1.8)Lots
This contract is divided into lots: no
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:
The estimated value of the framework agreement is DKR 5.7-11.4 million. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreement. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreement at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreement in its duration.
Presently (may change) DALO intends to purchase 570 pcs. in one initial delivery. Furthermore DALO intends to purchase 50 pcs. ASG per year for a period of 6 years (a supplementary total of 300 pcs. ASG) Numbers.
Estimated value excluding VAT: 11 400 000 DKK
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 84 (from the award of the contract)

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 procurement 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 contract/framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Appendix B for further information.
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 offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and (2) 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 procurement documents, and the tenderer is encouraged — but not obliged — to use it. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of DKK 100 000 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, unless the tenderer has provided collateral for the overdue debt, will provide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.
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 guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act No 1564 of 15 December 2015 — The Public Procurement Act.
III.2.2)Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met: None.
Minimum level(s) of standards possibly required: None.
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) carried out 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 delivery in question is ongoing, it is only the part of the supplies completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate/tenderer clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out.
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). 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/quantity/volume 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); and
— 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.
In the evaluation DALO will focus on the following criteria regarding previous deliveries:
— the size, quantity, volume and value of the deliveries;
— country of previous deliveries – positive if the candidates can show deliveries to other NATO countries.
The list must contain a maximum of five previous deliveries, whether the candidate 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 five DALO will only consider the first five deliveries on the list. Deliveries beyond that will be disregarded.
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.
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
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 3 and maximum number 5
Objective criteria for choosing the limited number of candidates: For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the tender procedure based on the candidate’s size in accordance with the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC); hereinafter the SME Recommendation. Thus, it is DALO’s intention to choose:
— up to two candidates which are micro or small enterprises (group 1);
— up to one candidate which is medium-sized enterprises (group 2); and
— up to two candidates which are large enterprises (‘large enterprises’ are enterprises that are neither micro, small or medium-sized enterprises) (group 3).
If DALO receives fewer applications for participation within a group than the number of candidates DALO has assigned to that particular group, DALO will not invite additional candidates from other groups.
The determination of which category of enterprises a candidate is defined as must be made in accordance with the SME recommendation. Please note that under certain circumstances candidates must include other enterprises’ (linked enterprises and/or partner enterprises) staff headcount, annual turnover and balance sheet (hereinafter ‘data’) in determining which category of enterprise the candidate is defined as, cf. the SME Recommendation’s regulation on this matter.

For further guidance see the following weblink: https://ec.europa.eu/docsroom/documents/15582/attachments/1/translations

If the candidate is composed of a group of entities (e.g. a consortium), including temporary joint ventures, the candidate’s data are calculated as the sum of all the participants’ data (calculated for each entity in accordance with the SME Recommendation) when determining which category of enterprise a candidate is defined as. If the candidate relies on the economic and financial standing or technical and/or professional capacity of an entity or entities, the candidate’s data will likewise be calculated as the sum of all the entities’, including the candidate’s, data (calculated for each entity in accordance with the SME Recommendation) when determining which category of enterprise a candidate is defined as. In both situations however, the following applies:
If the enterprises’ data are already included in the calculation of the consolidated data according to the SME Recommendation (e.g. if the enterprises are affiliated), the calculation must reflect this so that the same data are not included in the calculation more than once.
— If one or more of the enterprises are regarded as a large enterprise (not SME) according to the SME Recommendation Article 3, paragraph 4 (concerning control by public bodies), the candidate will — regardless of the calculation of the participating enterprises’ data — be regarded as a large enterprise.
The candidate must in the application for participation state which group of enterprises the candidate is defined as (according to the rules described above). Furthermore, the candidate should submit the most relevant information for determining which group of enterprise the candidate is defined as. DALO has prepared a pre-qualification questionnaire which the candidates are strongly encouraged to use when submitting their applications, cf. section VI.3).
The candidate must on DALO’s request provide documentation establishing that the candidate at the time of application for participation was defined as the specific category of enterprise. Documentation may be annual reports or excerpts thereof, an auditor’s statement or equivalent forms of documentation.
The limitation of candidates within each group of enterprises 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.1.5) above. In the evaluation, DALO will take into account the nature and quantity of the previous deliveries and the time of delivery so that more recent deliveries will be deemed more relevant than older deliveries. 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
IV.2)Award criteria
IV.2.1)Award criteria
Lowest price
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
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
8.3.2021 - 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. Danish.

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:
Note, that the procure documents are in English. However, it is permissible to submit applications for participation and offers in either Danish or English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preferences of the specific tenderer. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
The estimated value of the framework agreement is kr. DKR 5 700 000-11 400 000. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreement. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreement at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreement in its duration.
Please note, that each candidate can only submit one request 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 December 2015, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the procurement 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 email.
DALO have prepared a pre-qualification 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 emphasised 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 pre-qualification questionnaire referred to above.
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.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: Klagenævnet for udbud (The Complaints Board for Public Procurement)
Postal address: Nævnenes Hus Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: www.klfu.naevneneshus.dk/

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: 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 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 an account of the 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. 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 and tenderers involved, cf. § 2(2).
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.4.3)Service from which information about the lodging of appeals may be obtained

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

VI.5)Date of dispatch of this notice:
3.2.2021