Services - 183724-2019

18/04/2019    S77    Services - Contract notice - Restricted procedure 

Denmark-Addis Ababa: Foreign economic-aid-related services

2019/S 077-183724

Contract notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Embassy of Denmark, Ethiopia
National registration number: 43271911
Postal address: Bole Subcity, Woreda 03 (Bole — 03), PO Box 12955, 629 Street, House No 99-11
Town: Addis Ababa
NUTS code: DKZ
Postal code: 12955
Country: Denmark
Contact person: Jonas Helth Lønborg
E-mail: jonlon@um.dk

Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/daf822e0-9d40-4bfe-9e9c-3580912bbcfc/homepage

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/daf822e0-9d40-4bfe-9e9c-3580912bbcfc/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#/daf822e0-9d40-4bfe-9e9c-3580912bbcfc/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#/daf822e0-9d40-4bfe-9e9c-3580912bbcfc/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
Other activity: Development assistance

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Dialogue Mechanism and Communication under the Africa Programme for Peace, Phase IV

Reference number: 2016-51764
II.1.2)Main CPV code
75211200
II.1.3)Type of contract
Services
II.1.4)Short description:

The current tender is part of the Danish Africa Programme for Peace, phase IV, providing support to African institutions initiatives relating to peace, security and governance on the continent. The programme primarily provides support to the African Union as well as ECOWAS and IGAD.

The work of the consultant is expected to enhance the political and thematic dialogue and communication on African peace, security and governance issues. It will involve:

1) Organisation and facilitation of an annual Africa-Denmark dialogue on peace and security issues; and

2) Communication of the key results being achieved.

II.1.5)Estimated total value
Value excluding VAT: 3 000 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: DK
NUTS code: DKZ
Main site or place of performance:

Ethiopia.

II.2.4)Description of the procurement:

The first aspect entails planning and conducting annual Africa-Denmark Dialogues focused on 1 or 2 key topics that are particularly relevant to the agenda of the AU and the Regional Economic Communities as well as aligned with Danish foreign- and security related priorities.

The second aspect will be achieved through development of 4 annual communication-snapshots of important successes from the African institutions’ work on APSA and AGA achieved through Danish support.

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: 3 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
End: 30/04/2020
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Maximum number: 5
Objective criteria for choosing the limited number of candidates:

Candidates will be selected on the basis of the information concerning technical and professional ability, cf. Section III.1.3), in relation to the object of this contract, cf. Sections II.1.4) and II.2.4).

In the selection, the Contracting Authority will specifically emphasise:

— the number of relevant contracts (as defined in Section III.1.3)),

— the extent to which the relevant contracts compare to the description of this procurement, and

— the extent to which the relevant contracts are performed for clients comparable to the Embassy of Denmark.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

The agreement is divided into 2 phases (“Phase 1” and Phase 2”).

Phase 1 runs until 30.4.2020 and the maximum budget for Phase 1 is 1 200 000 DKK net of VAT.

Phase 2 is optional, and may be awarded to the consultant subject to satisfactory performance during Phase 1.

The extension of the agreement to include the Services in Phase 2 (optional to the client) shall become effective on the date of the client's written notice to proceed (expected period for Phase 2 from 1.5.2020-31.12.2021). The maximum budget for Phase 2 is 1 800 000 DKK net of VAT.

II.2.12)Information about electronic catalogues
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 Contracting Authority has a maximum budget of 3 000 000 DKK net of VAT in relation to the procurement. Tenders will be rejected if they exceed the Contracting Authority's maximum budget.

The budget shall be divided and reflect the 2 phases of the programme. A maximum of 1 200 000,00 DKK net of VAT is available for Phase 1 with an option for an additional 1 800 000 DKK net of VAT for Phase 2.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

In Part III.A-C of the ESPD, economic operators must answer whether they are subject to exclusion grounds.

An economic operator is excluded from the procurement procedure if the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been convicted by final judgement or fined within the last 4 years for any of the exclusion grounds relating to the criminal convictions listed in Section 135(1) of the Danish Public Procurement Act.

An economic operator is excluded from the procurement procedure if it has unpaid overdue debt of 100 000 DKK or more to public authorities in relation to payment of taxes and payment of social security, cf. Section 135(3) of the Danish Public Procurement Act. An economic operator is, however, not excluded where the economic operator provides guarantee of payment of the part of the debt which constitutes 100 000 DKK or more, or where the economic operator has agreed on a repayment scheme with the collection authority and that scheme is observed, cf. Section 135(4).

An economic operator is excluded from the procurement procedure if it is subject to any of the exclusion grounds listed in Sections 136(1)(1) and 136(1)(2) of the Danish Public Procurement Act.

An economic operator is excluded from the procurement procedure if it within the last 2 years has been subject to any of the exclusion grounds listed in Sections 136(1)(3) and 137(1)(2-3) of the Danish Public Procurement Act.

The Contracting Authority can accept the following documentation in relation to the exclusion grounds in Sections 135(1), 135(3) and 137(1)(2) of the Danish Public Procurement Act (in order of priority):

1) Extracts from the relevant register or similar documents issued by a competent judicial or administrative authority or certificates issued by the competent authority in the country referred to as documentation that the tenderer is not subject to the grounds for exclusion stipulated in Sections 135(1), 135(3) and 137(1)(2);

2) A declaration on oath (only if such extracts, certificates or similar documents are not issued in the country where the economic operator is established, or where the documentation does not cover all the grounds for exclusion stipulated in Sections 135(1), 135(3) and 137(1)(2) entirely);

3) A solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established (only if there is no provision for declarations on oath in the country where the economic operator is established).

Thus, the Contracting Authority cannot accept e.g. a solemn declaration made before a notary if there can be issued a certificate by the competent authority in the country where the economic operator is established. Moreover, the Contracting Authority cannot accept self-declarations or similar declarations issued by the economic operator or the person concerned as documentation in relation to the exclusion grounds.

Economic operators can identify the relevant documentation using the online platform e-Certis: https://ec.europa.eu/growth/tools-databases/ecertis/

Economic operators are encouraged to submit all necessary documentation as early as possible.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

In Part IV.B of the ESPD, the economic operator must fill in its average yearly turnover for the last 2 financial years available (where the economic operator can present annual reports).

If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.

When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the economic and financial standing of other entities, the participating economic operators or the entities referred to are subject to joint and severable liability for the performance of the contract.

The contracting authority can accept annual reports or excerpts hereof or relevant statements from a bank or certified accountant as documentation in relation to the economic and financial standing.

When an economic operator is participating in the procurement procedure together with others or when an economic operator relies on the economic and financial standing of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary economic and financial standing. The statements of support must establish a legal obligation for the party concerned and state that the involved economic operators or entities are subject to joint and severable liability for the performance of the contract.

Economic operators are encouraged to submit all necessary documentation as early as possible.

Minimum level(s) of standards possibly required:

The economic operator is required to have an average yearly turnover of minimum 6 000 000 DKK for the last 2 financial years available.

When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.

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

In Part IV.C of the ESPD, the economic operator must fill in a list of maximum 5 contracts entered into, ongoing or finalized within the last 3 years stating a description of the contract (nature and quantity of services from the economic operator and how they compare to the description of this procurement), amount (contract fee received by the economic operator), start date, end date and recipient (name and contact information).

If an economic operator has listed more than 5 contracts, the contracting authority will only read and assess the 5 most recent contracts listed (based on start date).

If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.

When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the technical and professional abilities of other entities, the specific parts of the contract must be performed by the economic operators or entities with the required technical and professional abilities.

The Contracting Authority reserves the right to contact the recipients of services or require statements from the recipients, confirming that the economic operator has performed the listed contracts, as documentation in relation to the technical and professional ability.

When an economic operator is formed by a group of economic operators or relies on the technical and professional abilities of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary technical and professional abilities. The statements of support must establish a legal obligation for the party concerned and state the parts of the contract to be performed by the party concerned.

Economic operators are encouraged to submit all necessary documentation as early as possible.

Minimum level(s) of standards possibly required:

Within the last 3 years, the economic operator is required to have performed (entered into, ongoing or finalized) minimum:

— 1 contract regarding organisation of conferences or workshops on issues related to peace, security or governance, and

— 1 contract regarding communication within the fields of peace, security or governance.

However, a single contract that covers both above mentioned fields (organisation of conferences or workshops; and communication) will also fulfil the minimum requirement. Thus, the economic operators are not necessarily required to have performed 2 individual contracts.

When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

Prior to the signing of the contract, the economic operator must present statements of availability from all non-permanent staff (e.g. project specific consultants or freelance consultants).

When an economic operator is participating in the procurement procedure together with others, the economic operator must present a joint statement from all the participating economic operators which identifies the member of the group who can act as an agent on behalf of the group with mandate to establish a legal obligation on behalf of the group in relation to the Contracting Authority.

The winning tenderer is to perform the contract in compliance with the Danida Anti-Corruption Policy and the principles of the UN Global Compact.

Economic operators can find more information on:

http://um.dk/en/danida-en/about-danida/Danida-transparency/anti-corruption/

https://www.unglobalcompact.org/what-is-gc/mission/principles

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
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
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 16/05/2019
Local time: 14:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 24/05/2019
IV.2.4)Languages in which tenders or requests to participate may be submitted:
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

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

The tender procedure is governed by Danish law and the rules applicable hereunder.

An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/46419/the-public-procurement-act.pdf

Access to the procurement procedure requires online registration.

Guidance (in Danish and English) on the use of the tendering system can be found at: https://www.udbudssystemet.dk/public/instructions/ETHICS.EO.vejledning.pdf

Local time in section IV is according to Central European Time (CET) in Denmark.

Economic operators may only submit one application or tender.

Economic operators must submit a European Single Procurement Document (ESPD) as preliminary evidence that the economic operator is not subject to exclusion grounds and that the economic operator fulfils the minimum requirements for economic and financial standing and technical and professional ability.

When the economic operator is participating together with others or if the economic operator relies on the capacity of other entities, each participating economic operator must provide a separate ESPD.

Before the time-limit for receipt of tenders, the candidates, which the Contracting Authority has invited to tender, must present documentation of the information provided in the ESPD.

This contract has not been divided into lots, cf. Section II.1.6), due to market and economic considerations.

Economic operators will not receive remuneration for their participation in the procedure.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: nh@naevneneshus.dk
Telephone: +45 72405600

Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Actions regarding requests to participate and selection must be submitted within 20 calendar days from the day after the Contracting Authority has notified the economic operators of the decisions regarding selection.

Other actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within:

— 45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU,

— 30 calendar days from the day after the Contracting Authority has notified the economic operators that a contract based on a Framework Agreement with reopening of competition has been entered into, or

— 6 months from the day after the Contracting Authority has notified the economic operators of the decisions regarding award of a Framework Agreement.

The complainant must at the same time notify the Contracting Authority that an action has been

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:
15/04/2019