Supplies - 238395-2019

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22/05/2019    S98    - - Supplies - Contract notice - Restricted procedure 

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

2019/S 098-238395

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Danish Defence Acquisition and Logistics Organization
Lautrupbjerg 1-5
Contact point(s): Poul Mariegaard Kristensen
2750 Ballerup
Denmark
Telephone: +45 72814197
E-mail: fmi-id-sla07@mil.dk

Internet address(es):

General address of the contracting authority/entity: https://www.ethics.dk/ethics/eo#/e6cfc4a7-4a84-4cd9-b938-a8fcf1dc592d/homepage

Electronic access to information: https://www.ethics.dk/ethics/eo#/e6cfc4a7-4a84-4cd9-b938-a8fcf1dc592d/homepage

Electronic submission of tenders and requests to participate: https://www.ethics.dk/ethics/eo#/e6cfc4a7-4a84-4cd9-b938-a8fcf1dc592d/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:
Designated Marksman Rifle
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies

NUTS code DK04

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: 14
Justification for a framework agreement, the duration of which exceeds seven years: The expected life time of the rifles.

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 4 500 000 and 11 500 000 DKK
II.1.5)Short description of the contract or purchase(s):
Through purchase under a Framework Agreements, the Danish Defence Acquisition and Logistics Organization (DALO) is planning to acquire Designated Marksman Rifles (DMR), caliber 7,62 x 51 mm NATO — semi auto, including spare parts, repair services and training.
The Framework Agreement will consist of an acquisition part with a duration of 7 years and an option for further 3 years and a sustainment part with a duration of 10 years and an option for further 4 years.
A purchase of minimum 60 rifles is expected, but i may be extended to approximately 210 rifles.
The DMR shall be able to work on the following platforms:
(a) single person/team operation;
(b) shooting from confined spaces;
(c) shooting from ship/boat/Rigid-Hulled Inflatable Boat (RHIB);
(d) shooting from helicopter;
(e) shooting from vehicles.
The DMR shall be designed to allow mounting of standard equipment for a combat soldier, e.g. sights and sensors, using NATO Accessory Rails, STANAG 4694 or equivalent.
Preferably accessories should be delivered in TAN 499, multicam or equivalent for testing purpose a minimum of 2 DMR, 1 ea for testing purpose and 1 ea for back-up in case of failure, accessories and technical support shall be available at DALO premises, expected 27.8.2019.
The DMR shall for the test be delivered as a system containing as a minimum:
— 4 Magazines with a minimum capacity of 20 rounds,
— Bipod,
— suppressor, approved for the DMR,
— cover for suppressor, mirage,
— hard case with padlock, which should be approved for air transportation.
— accessory rails in the following expected sizes:
—— 3 ea short, 3 — 5 slots,
—— 3 ea medium, 6 — 12 slots,
—— 3 ea large, 10 — >12 slots.
— Bag for spare parts, tools and other accessories (maintenance kit, etc.)
Precision will be tested with the ammunition used by the Danish Defence.
The motivation for this acquisition is to acquire a light, precise and well balanced DMR which:
— has fast, accurate and concentrated firepower to defeat targets at distances up to 800 m,
— has the opportunity to obtain a high follow-up on fixed target, a moving target and several moving targets on short distances,
— has good ergonomics and good weight balance.
II.1.6)Common procurement vocabulary (CPV)

35000000, 35321200

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:
Estimated value excluding VAT:
Range: between 6 000 000 and 8 000 000 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: 168 (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 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 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 Framework Agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Appendix B of the tender material (to be issued to the pre-qualified candidates) 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 offers (but not the request for participation), the tenderers must submit a solemn declaration stating (1) that the tenderer is not subject to any of the reasons for exclusion stated in art. 39(1) or 39(2) 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 tender 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 solemn declaration must be submitted for each participating entity.
Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of 100 000 DKK 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.
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 15.12.2015 – 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: Documentation stating the candidate's equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available.
Minimum level(s) of standards possibly required: The candidate must have had an positive equity ratio for each of the last 3 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100).
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
Please note that a candidate may rely on the economic and financial standing 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.2.3)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) to end users, cf. Section II.1.5), carried out within the past 5 (five) years prior to the deadline for the request to participate.
Only the deliveries (references) to end users performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/which candidate has documented the most relevant previous deliveries, cf. Section IV.1.2). If the delivery in question is ongoing, it is only the part of supplies carried out within the past 5 (five) years and 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 carried out within the past 5 (five) years or 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 clearly states which part (e.g. with regards to quantity) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years.
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 include 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 quantity of the deliveries, the end user 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). 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.
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
III.3.2)Staff responsible for the execution of the service

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 number of operators 6
Objective criteria for choosing the limited number of candidates: For the purpose of achieving the best possible competition, DALO will invite a number of candidates for participation in this tender procedure, based on the candidate’s size in accordance with the Commission Recommendation of 6.5.2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC); hereafter ‘the SME Recommendation’. Thus, based on a market analysis, it is DALO’s intention to invite:
— up to one candidate which is a micro or small enterprise (group 1), and
— up to 5 candidates which are medium-sized or large enterprises (enterprises that are not micro or small enterprises) (group 2).
As an initial rule, DALO will not invite more than one candidate in group 1 and 5 candidates in group 2. Thus, if DALO receives fewer applications for participation within a group than the number of candidates assigned to this group, DALO will not, as an initial rule, invite additional candidates belonging to the other group. If DALO e.g. receives 2 applications from candidates in group 1 and four applications from candidates in group 2, DALO will only invite all four candidates from group 2, and the candidate in group 1 that has documented the most relevant previous deliveries, cf. below.
However, DALO will deviate from this initial rule if this is necessary to be able to invite 3 candidates to the tender procedure. This would be the case if DALO only receives zero or one application from candidates in group 2. In this case, DALO will invite the 2 or 3 candidates in group 1 (to reach a total number of 3 candidates) that have documented the most relevant previous deliveries, cf. below.
If only 3 or fewer candidates submit applications, DALO expects to invite these candidates to the tender procedure (without conducting a limitation as described above).

The candidate must in the application state which category of enterprise the candidate belongs to on the date of the application by applying the rules of the SME Recommendation. For further guidance see the following weblink: http://ec.europa.eu/growth/smes/business-friendly-environment/sme-definition/

If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the candidate’s staff numbers and financial amounts must be calculated as the sum of all the entities’ staff numbers and financial amounts (calculated for each entity in accordance with the SME Recommendation) when determining which category of enterprise the candidate belongs to. Likewise, if the candidate relies on the economic and financial standing or technical and/or professional capacity of an entity or entities, the candidate’s staff numbers and financial amounts must be calculated as the sum of all the entities’, including the candidate’s, staff numbers and financial amounts (calculated for each entity in accordance with the SME Recommendation). In both situations a candidate may under no circumstances be regarded as a smaller enterprise than the largest enterprise of the entities (according to the SME Recommendation).
The candidate must, with the application, provide a brief description of the underlying circumstances determining which category of enterprise the candidate belongs to. DALO has prepared a pre-qualification questionnaire which the candidates are strongly encouraged to use for their applications. The pre-qualification questionnaire contains examples on how to provide the adequate information.
At any time during the tender procedure, DALO may require that the candidate or tenderer presents documentation for the circumstances determining which category of enterprise the candidate belongs to. Relevant documentation may be annual reports or excerpts hereof, an auditor’s statement or equivalent.
The limitation of candidates within each of the 2 groups will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the Framework Agreement described in Section II.1.5) above, in terms of the nature and quantity of the previous 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.The limitation of candidates within each of the 4 groups of enterprises will be based on an evaluation of those candidates within the group that have documented the most relevant previous deliveries, in comparison to the Framework Agreement described in Section II.1.5) above. The evaluation will be based on the list of references submitted by the candidates according to Section III.2.3). In the evaluation it is weighted positive:
— that the candidate has documented previous deliveries to NATO entities of DMR that are similar to the description in Section II.1.5,
— that the candidate has documented previous deliveries to MOD’s and Law Enforcement entities of DMR that are similar to the description in Section II.1.5.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
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:
2016/104320
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
17.6.2019 - 23:59
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.

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:
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 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the tender documents.
DALO demands that the candidate and each of the legal entities whose capacities the candidate relies on undertake joint and several liability for the performance of the contract.
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 e-mail.
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 Section II.1.5 and II.1.8. However, it is emphasized 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.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Klagenævnet for udbud (The Complaints Board for Public Procurement)
Nævnenes Hus
Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud.

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Pursuant to 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 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

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

VI.5)Date of dispatch of this notice:
20.5.2019