Varer - 18254-2023

Submission deadline has been amended by:  45469-2023

Unrevised Machine Translation

11/01/2023    S8

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

2023/S 008-018254

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Forsvarsministeriets Materiel- og Indkøbsstyrelse
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: Rikke Løber-Meincke
E-mail: fmi-sd-alj09@mil.dk
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#/a825e73d-a2f0-4031-883e-bd5e541f9ea6/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#/a825e73d-a2f0-4031-883e-bd5e541f9ea6/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#/a825e73d-a2f0-4031-883e-bd5e541f9ea6/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 and maintenance of chemical action suits types 1A and 1B

II.1.2)Main CPV code
35000000 Security, fire-fighting, police and defence equipment
II.1.3)Type of contract
Supplies
II.1.4)Short description:

This Order concerns the conclusion of a framework agreement on chemical action suits types 1A and 1B for use primarily in the Defence and Emergency Management Agency. The suits shall be used in cases where the safety of personnel so requires. Particularly in the case of incidents involving dangerous substances where direct contact cannot be safely avoided or where the chemical is not known.

This is a 4-year agreement covering both the purchase of suits, spare parts and training services.

The agreement can also be used by the municipal emergency services listed in Appendix I to the agreement.

II.1.5)Estimated total value
Value excluding VAT: 5 500 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
18114000 Coveralls
35113200 Nuclear, biological, chemical and radiological protection equipment
II.2.3)Place of performance
NUTS code: DK Danmark
II.2.4)Description of the procurement:

See description in Section II.1.4)

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: 5 500 000.00 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 was concluded by the FMI. All entities under the Ministry of Defence, including all divisions of defence in Denmark that are under the command of the Head of Defence, are entitled to use the Agreement for the purchase of the Supplies on the terms and conditions of the Agreement.

A number of municipal emergency services can use the Agreement. Appendix I to the Agreement sets out the arrangements for using 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:

No criteria in this call for tenders

III.1.3)Technical and professional ability
List and brief description of selection criteria:

No criteria in this call for tenders

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

Reference is made to the tender documents relating to the terms of payment. Invoicing must be carried out in accordance with the Danish legislation in force on public payments. This is currently Act No 798 of June 2007, which requires electronic invoicing. The terms and conditions will be set out in the contract.

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No specific legal form is required. If the contract is awarded to a consortium of suppliers (e.g. a consortium), the participants must assume joint and several liability and appoint a supplier as representative of the group.

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The agreement includes commitments on labour clause, CSR obligations and international sanctions, as well as provisions on risk assessment and follow-up; please refer to Appendices B and B.1 for more information. When tendering the contract, the risk profile is set out for the following follow-up actions (risk level): C. See point 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 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: 13/02/2023
Local time: 10:00
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
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: 13/02/2023
Local time: 10:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

Concerning point II.1.5): The estimated value of the framework contract is DKK 5,5 million, while the maximum value of the framework contract is DKK 9 million. The difference in the amounts indicated is justified by the uncertainty about the final value of the framework contract (see below).

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The estimated value thus reflects the FMI’s most qualified estimate of the value of the framework agreement at present, while the maximum value represents the maximum drawdown on the framework agreement during its term.

The uncertainty as to the final value of the framework agreement is due in particular to uncertainty as to the operational needs of the goods during the term of the framework agreement, which cannot be predicted precisely for the entire duration of the framework agreement. Thus, changing operational needs compared to the current situation may lead to a significantly higher level of consumption of the agreement than is actually expected at present.

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Concerning point IV.2.4): Tenders must be in the language referred to in point IV.2.4.However, tenderers may submit supporting documents and certificates in English attesting to compliance with the requirements set out in Appendix A.

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Regarding point III.2.2): When submitting a tender, the tenderer must submit a self-declaration of compliance with labour clause, CSR obligations and international sanctions. If the self-declaration is not submitted, the tenderer will not be eligible for the agreement and may be excluded from the procurement process. In this context, the FMI reserves the right to have the tenderer rectify, at any stage of the procurement process, a self-declaration that has not been completed or is incomplete.

The FMI has developed a template to be used as a declaration.

Where groupings of entities (e.g. consortia), including temporary joint ventures, participate jointly in the tender, the declaration must be provided for each of the participating entities.

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Tenderers must submit with their tender an ESPD as preliminary proof of the matters referred to in Section 148 (1) (1) – (3) of the Public Procurement Act.

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The tenderer and, where applicable, the participants in an association of entities shall use the electronic version of the ESPD available on the ETHICP web portal. The ESPD shall be completed and submitted via the ETHIC web portal in accordance with the instructions resulting from the ETHICS. It is not necessary for the tenderer to sign its ESPD. If the tenderer is an association (consortia), the ESPD of each participant must be signed by the participant concerned. It is not necessary for the participant submitting the tender to sign its ESPD.

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Before awarding the contract, the FMI requires the tenderer to whom the FMI intends to award the contract to provide evidence of the information provided in the ESPD, cf. Sections 151-155 of the Public Procurement Act. For more information, see the ‘Additional information’ document available on the ETHIC web portal, see section I.3).

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The framework agreement is not divided into lots. See justification for this in the ‘Additional information’ document available on the ETHIC web portal, see paragraph I.3.

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For more information on this procurement, please refer to the ‘Additional information’ document, which is available on the ETHIC web portal, see section I.3).

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 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to Consolidation Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement, available at www.retsinformation.dkan appeal must be lodged with the Complaints Board for Public Procurement within the following time limits:

Appeals against invitations to tender and decisions covered by Chapters II and III of the Public Procurement Act which do not concern issues relating to a candidate’s lack of prequalification shall, pursuant to Section 7 (2) of the Act on the Complaints Board for Public Procurement, be submitted to the Complaints Board for Public Procurement before:

(1) 45 calendar days after the contracting entity has published a contract notice in the Official Journal of the European Union. The period shall start to run from the day following that on which the notice was published.

(2) 30 calendar days with effect from the day following dispatch by the contracting entity to the tenderers concerned of the award of a contract based on a framework agreement with reopening of competition or a dynamic purchasing system, provided that such notification has given reasons for its decision;

(3) 6 months from the day following the dispatch by the contracting authority of a notification to the candidates and tenderers concerned that the contracting authority has concluded a framework agreement, cf. Section 2 (2) or Section 171 (4) of the Public Procurement Act.

(4) 20 calendar days with effect from the day after the contracting authority has notified its decision to continue the contract, cf. Section 185 (2) of the Public Procurement Act.

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At the latest at the same time as a complaint is submitted to the Complaints Board for Public Procurement, the applicant shall inform the contracting authority in writing that an appeal has been submitted to the Complaints Board for Public Procurement and whether the complaint has been lodged during the standstill period, cf. Section 6 (4). If the appeal has not been lodged during the standstill period, the appellant shall also state whether the appeal is subject to suspensive effect, cf. Section 12 (1).

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The contact details of the Complaints Board for Public Procurement are given in point VI.4.1).

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The Complaints Board’s own guidelines on appeals are available on the website indicated in point 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:
06/01/2023