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United States-New York: Real estate agency services on a fee or contract basis
Section I: Contracting authority
Section II: Object
Acquisition of Broker to Sale of 857 Fifth Avenue 9th floor, New York, NY 10065, USA
The MFA has decided to sell the residence in which resides the United Nations ambassador, located at 857 Fifth Avenue 9th floor, New York, USA. See section II.2.4) for further information.
New York City, USA.
The Ministry of Foreign Affairs of Denmark (hereinafter the contracting entity) has decided to sell the residence located at 857 Fifth Avenue 9th floor, New York, USA. The residence is in a cooperative (Co-op) building.
In connection with the sale, the Joint Administration to the Permanent Mission of Denmark to the United Nations and Consulate General of Denmark in New York will need to contract a real estate firm, real estate team, or individual real estate broker, as the case may be, to represent the contracting entity with this sale.
The objective is to market the residence to a realistic sales price that will sell fast. The contracting entity wants a fast sale and to avoid to have the residence on the market for more than four months or reduce the price several times.
The tenderer must represent the contracting entity’s best interest. It is the tenderer’s task to achieve the highest possible price and to make the process go as smooth as possible.
From start/born to closing, the tenderer that represent the contracting entity must be ready to support, advice and guide the contracting entity through the process.
The contracting entity expects the following but not limited to output from the tenderer:
• participation in meetings with the contracting entity;
• deliver a market analysis to determine the best possible selling price of the residence;
• prepare and execute a marketing and sales strategy, including preparation of the residence in terms of open house;
• produce and distribute high-resolution marketing materials, such as images, brochures etc.;
• produce a virtual tour. If necessary, also a virtual furnishing/staging;
• drawing of floor plan;
• provide ongoing featured placements in relevant magazines, on social media, direct marketing, real estate platforms such as Zillow, StreetEasy, NY Times or similar;
• create the home in the real estate listing system and offer the residence for sale to the public and the brokerage community;
• screen potential buyers;
• execute open house as well as individual showings – both in accordance with Co-Op rules and applicable Covid-19 procedures;
• guide about the latest rules and disclosure forms regarding open house and individual showings;
• using its expertise and knowledge of the co-operative corporation and market, advise and cooperate with buyer and/or buyer’s broker to prepare a favourable board package and submit such package to the co-operative corporation’s Board of Directors;
• negotiations with potential buyers.
The agreement is not divided into lots on the grounds that the sale concerns one apartment and it would not ensure sufficient competition for the agreement if the agreement is divided into lost.
Section III: Legal, economic, financial and technical information
The tenderer must submit the ESPD with the following information:
A list of the 5 (five) most significant comparable services, see sections II.1.4) and II.2.4), that the tenderer has carried out in the latest 3 (three) years before the expiry of the deadline for submission of tender.
Only references relating to services carried out at the time of submission of tender will be given importance in the evaluation of whether the minimum requirements regarding technical and professional capacity have been complied with, see below. Hence, in the case of an ongoing task, only the part of the services already performed at the time of submission of tender will be included in the evaluation of the reference.
Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include a clear description of the services set out in sections II.1.4) and II.2.4) to which the delivery related and the tenderer's role(s) in the performance of the delivery. The reference is furthermore requested to include the financial value of the delivery (amount), the date of delivery and the name of the customer (recipient).
When indicating the date of the delivery, the tenderer is requested to indicate the date of commencement and finalisation of the delivery. If this is not possible, for example if the tasks were performed on a continuous basis under a framework agreement, the tenderer is asked to indicate the specification of the date.
No more than 5 (five) references may be stated, irrespective of whether the tenderer is a single operator, whether the tenderer relies on the technical capacity of other entities, or whether the tenderer is a group of operators (e.g. a consortium).
If the tenderer relies on the professional experience of other entities for the performance of specific parts of the services comprised by the contract, see section II.1.4) and II.2.4), such specific parts of the services under the contract must be performed by the entity on which the tenderer relies.
The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirements in respect of technical and professional ability.
Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.
No additional documentation of technical and professional capacity will be required from the tenderer. However, the contracting entity reserves the right to contact the tender or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.
The tenderer shall demonstrate experience with 5 (five) comparable references within the last 3 (three) years, see sections II.1.4) and II.2.4), where the tenderer has sold an apartment in a cooperative (Co-op) building in New York City with unit sales price on or over USD 5 000 000.
Payment shall be done in accordance with danish legislation on public payments, cf. act number 798 of June 2007.
The agreement has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The agreement furthermore lays down requirements pursuant to ILO Convention No 94 on labour clauses in public contracts and Circular No 9471 of 30 June 2014.
Section IV: Procedure
Section VI: Complementary information
Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in section I.3). For access to the procurement documents, the tenderer must be registered or register as a user. Interested tenderers are requested to keep updated via the electronic tendering system. If the tenderer encounters problems with the system, please contact support by e-mail, email@example.com, or telephone (+45) 70 20 80 14.
All communication in connection with the tender procedure, including questions and answers, must be by way of the electronic tendering system. Questions must be submitted not later than 3rd of March 2021. Questions asked after this date will be answered if they are received in time for the contracting entity to provide the information required and communicate the answers not later than 6 (six) days before expiry of the application deadline. Questions received later than 6 (six) days before expiry of the deadline cannot expect to be answered.
An information meeting about the tender will be held on the 25 February 2021 at 16.00-16.30 CET (10.00-10.30 a.m.) via Skype. Please see Appendix B (Additional information) for additional information about the information meeting.
Tenderers will be allowed to inspect the residence for sale on the 1st of March at 1 p.m.-3 p.m., eastern standard time. Please see Appendix B (Additional Information) for additional information about the inspection.
If the tender contains several versions of the same document, the latest uploaded version will apply.
In regards to section II.1.5) and commission: The tenderer shall be aware that the commission shall be split between the tenderer and the buyer's broker if the buyer has a broker. It is the tenderers responsibility to split the commission with the buyer's broker.
The tenderer must as its application submit an ESPD as preliminary documentation of the circumstances set out in section 148(1) paras (1)-(3) of the Danish Public Procurement Act (udbudsloven). For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. If the tenderer relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies.
The tenderer will be excluded from participation in the tender procedure if the tenderer is subject to the compulsory grounds for exclusion set out in sections 135 and 136 of the Danish Public Procurement Act, and the grounds for exclusion set out in section 137(1), para (2, 3, 6) of the Danish Public Procurement Act, unless the tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act.
The voluntary grounds for exclusion are applied in compliance with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the tenderer. Several matters which, individually, are trivial in nature may, however, give rise to exclusion of the tenderer.
Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act.
The contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that tenders do not comply with the formal requirements of the procurement documents.
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:
Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act.
In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:
1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published;
2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a Dynamic Purchasing System has been entered into where the notification has included an explanation of the relevant grounds for the decision;
3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act;
4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.
Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged during the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.
The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).
The Complaints Board’s own complaints procedure is available at www. erhvervsstyrelsen.dk