Denmark-Ballerup: Nuclear, biological, chemical and radiological protection equipment
Section I: Contracting authority
Main address: https://www.ethics.dk/ethics/eo#/ea391370-d229-408a-ab99-2248358b1acc/homepage
Address of the buyer profile: www.fmi.dk
Section II: Object
CBRN Protective Gloves and Over Boots
This notice concers the establishment of 2 Framework Agreements in connection with the acquisition of CBRN protective gloves and CBRN protective over boots. The Framework Agreements will have a duration of 4 years. The CBRN protective gloves and over boots are used by soldiers of all branches of the Danish Defence and by personnel of the Civil Defence and are used as part of the complete protective equipment the soldiers and other personnel are equiped with during a CBRN indicent as well as in connection with training.
Tenderers shall as a part of this tender deliver test specimens as part of the evaluation.
CBRN Protective Gloves
This lot concerns the Framework Agreement regarding CBRN protective gloves. The CBRN protective gloves are used to protect soldiers from all branches of the Defence and personnel of the Civil Defence during a CBRN incident. The gloves shall be delivered in pairs and shall ensure that the soldiers and other personnel have the right protective level against CWA's and TIC's.
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.
CBRN Protective Over Boots
This lot concerns the Framework Agreement regarding CBRN over boots. The CBRN protective over boots are used to protect soldiers from all branches of the Defence and personnel of the Civil Defence during CBRN incidents. The over boots shall be delivered in pairs and shall ensure that the soldiers and other personnel have the right protective level against CWA's and TIC's.
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
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
Section VI: Complementary information
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 said Act.
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 on 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.
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.
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 said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of 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 distorts 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.
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
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 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 Action 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 standstill 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 email 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).
Internet address: www.kfst.dk