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Supplies - 291416-2021

11/06/2021    S112

Denmark-Ballerup: De-icing agents

2021/S 112-291416

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Danish Defence Acquisition and Logistics Organization
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: Bamo Jalal Tofig
E-mail: fmi-sd-acs14@mil.dk
Telephone: +45 29607486
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#/effea9db-ff56-4568-bb10-833478d7115f/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#/effea9db-ff56-4568-bb10-833478d7115f/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#/effea9db-ff56-4568-bb10-833478d7115f/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:

De-icing Agents for Runways and Taxiways

II.1.2)Main CPV code
24951310 De-icing agents
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The Danish Defence is tendering a framework agreement regarding products for de-icing of runways and taxiways at The Danish Defence´s airbases. Both liquid de-icing agent, delivered in bulk by truck, and granulated de-icing agent, delivered as packed goods in two different packaging sizes (900-1100 kg and 10-25 kg) are requested.

II.1.5)Estimated total value
Value excluding VAT: 14 400 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.3)Place of performance
NUTS code: DK0 Danmark
NUTS code: DK04 Midtjylland
NUTS code: DK05 Nordjylland
NUTS code: DK032 Sydjylland
Main site or place of performance:

Aalborg, Karup and Skrydstrup.

II.2.4)Description of the procurement:

The Danish Defence is tendering a framework agreement regarding products for de-icing and anti-icing of runways and taxiways at The Danish Defence’s airbases. Both liquid de-icing agent, delivered in bulk by truck, and granulated de-icing agent, delivered as packed goods in two different packaging sizes, are requested.

De-icing agents are essential for keeping the runways and taxiways safe for aircraft operation, when winter conditions prevail. It is important that the de-icing agents exhibit:

— excellent de-icing properties,

— excellent material compatibility (to minimize corrosive damage to aircraft, storage facilities, and handling equipment),

— excellent environmental properties (minimal detrimental effects on the environment and/or personel).

Furthermore, it is important that there is sufficient security of supply and fast delivery when required.

The Danish Defence has local storage tanks for liquid de-icer at the airbases in Skrydstrup, Karup and Aalborg, with the following capacities:

— Skrydstrup: 2 x 25 000 litres,

— Karup: 2 x 25 000 litres,

— Aalborg: 2 x 50 000 litres.

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: 14 400 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

DALO expect to tender a new framework agreement concerning de-icing agents both granulated and liquid in 2025.

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 is not divided into lots on the grounds that a division of the contract would entail disproportionate costs due to subsequent contract administration.

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

There are no selection criterias for economic or financial standing.

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

There are no selection criterias for technical and professional ability.

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

Reference is made to the procurement 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

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: 09/07/2021
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:
English, 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: 09/07/2021
Local time: 13:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

DALO expects to make a new tender concerning the supplies in 2025.

VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

Regarding section II.1.5): The estimated value of the framework agreement is DKK 7 200 000 — 14 400 000. The reason for the interval stated is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreement at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty of the weather conditions over the next 4-year period.

Regarding section IV.2.4): Note, that the procure documents is in English. However, it is permissible to submit offers in either Danish or English. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.

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 the said Act.

The tenderer and, if relevant, the participants in the group of entities, must use the electronic version of the ESPD available at ETHICS’ web portal. The ESPD shall be fulfilled and submitted at ETHICS’ web portal in accordance with the instructions given by ETHICS. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consurtiums), each participant’s ESPD document must be signed by the participant in question. It is not necessary for the participant submitting the tender to sign his ESPD document.

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 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.

DALO does not provide remuneration for the participants in the tender.

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 the Public Procurement Act if applications or offers do not fulfil the formalities of the tender documents.

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 the Danish Consolidation Act no. 593 of 2 June 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. 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/tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the 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 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.4.4)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:
07/06/2021