Supplies - 291358-2019

Submission deadline has been amended by:  419803-2019
24/06/2019    S119    - - Supplies - Contract notice - Open procedure 

Denmark-Ballerup: Occupational clothing, special workwear and accessories

2019/S 119-291358

Contract notice

Supplies

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Forsvarsministeriets Materiel- og Indkøbsstyrelse
16287180
Lautrupbjerg 1
Ballerup
2750
Denmark
Contact person: KAPS — Sofie Dreyer Mikkelsen
E-mail: somi@kammeradvokaten.dk
NUTS code: DK

Internet address(es):

Main address: http://www.fmi.dk/Pages/forside.aspx

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=237903&B=KA
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=237903&B=KA
Tenders or requests to participate must be submitted to the abovementioned address
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 of Work and Functional Clothing to the Danish Defence

II.1.2)Main CPV code
18100000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The objective of this Framework Agreement is to ensure that the Danish Defence can acquire work and functional clothing suitable for all job positions in the complete organization of the Danish Defence where work and functional clothing are required.

II.1.5)Estimated total value
Value excluding VAT: 12 000 000.00 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)
18100000
18113000
18110000
18130000
18330000
II.2.3)Place of performance
NUTS code: DK
II.2.4)Description of the procurement:

The objective of this Framework Agreement is to ensure that the Danish Defence can acquire work and functional clothing suitable for job positions in the complete organization of the Danish Defence where work and functional clothing are required.

As described in Appendix A (Requirements Specification), DALO requires a range of mandatory products (these are marked ‘M’). Furthermore, the tenderer has the possibility to offer a range of products categorized as ‘Supplementary Assortment Products’ (these are marked ‘E’). Please be advised that DALO will perform a test as part of the evaluation. Consequently, the tenderers are required to deliver test samples as part of the offer, ref. enclosure 3 to the ITT.

Please be advised that DALO has previously published contract notices number 2018/S 184-415764 and 2018/S 135-307500, which also regarded acquisition of work and functional clothing to the Danish Defence. Both tenders have been annulled, cf. 2019/S 024-052610 and 2018/S 160-366649. DALO has in this tender made several changes to the tender material. Accordingly, the tenderers should disregard the previously published tender material as it is does not apply to this tender.

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: 12 000 000.00 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.2.12)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 Framework Agreement is not divided into lots on the grounds that a division of the contract would not ensure a sufficient competition in the current market.

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

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
III.1.2)Economic and financial standing
List and brief description of selection criteria:

The candidate must use the European Single Procurement Document (hereafter ESPD — electronic version eESPD) and provide the following information in the eESPD:

Its equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last three (3) financial years, to the extent such information is available, cf. Part IV, section B.

Upon request from DALO the tenderer must submit the following documentation:

Annual reports or excerpts hereof or other documentation stating the tenderer’s equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last three (3) financial years, to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Be advised that DALO at any time during the procurement procedure can request that the candidate presents the abovementioned documentation if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation, DALO will set an appropriate time-limit for the submission of the documentation.

Please note that a tenderer 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 tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer shall ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderers own ESPD. The entity or entities’ ESPD must equally provide the information listed above.

Minimum level(s) of standards possibly required:

The tenderer must have had an positive equity ratio in each of the last three (3) financial years. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100).

If the tenderer 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 three (3) financial years available.

If the tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last three (3) financial years available.

III.1.3)Technical and professional ability
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

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 social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

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
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.1.4)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: 23/08/2019
Local time: 13:00
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, 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
Date: 23/08/2019
Local time: 13:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
VI.2)Information about electronic workflows
VI.3)Additional information:

Regarding Section IV.2.4): The offer shall be in the languages stated in Section IV.2.4).

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 candidate apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act and that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. Section III.1.2).

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 a template ESPD to be filled out by the tenderers. The template is available via www.digitaleudbud.dk

DALO strongly encourages the tenderers to use this template. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements. Further description regarding the completion of the ESPD can be found in the Guide to ESPD to the ITT. 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. If a tenderer relies on the capacity of other entities, cf. Section III.1.2), the tenderer shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing, and that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DALO cannot consider the economic and financial standing of the other entity or entities.

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 the said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the 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 distort competition between the tenderers. DALO reserves the right — but is not obliged — to use the remedies provided for in Section 159(5) of 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. Please note, changes have been made to the material after DALO's decision to cancel the tender procedure regarding 2018/S 135-307500 and 2018/S 184-117581.

As regards Section II.1.5) and II.2.6): the estimated total value is 10 000 000-12 000 000 DKK. The stated range is due to the uncertainty as regards the estimated value of the Framework Agreement. The lower limit of the interval thus reflects DALO's most qualified estimate of the total value of the Framework Agreement at this time, whereas the upper limit of the interval reflects the estimated maximum total value of the Framework Agreement.

VI.4)Procedures for review
VI.4.1)Review body
Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 72405600
E-mail: klfu@naevneneshus.dk

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

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

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 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 (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).

VI.4.4)Service from which information about the review procedure may be obtained
Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

Internet address: http://www.kfst.dk

VI.5)Date of dispatch of this notice:
20/06/2019