Supplies - 392334-2019

20/08/2019    S159    - - Supplies - Contract notice - Restricted procedure 

Denmark-Ballerup: Clothing, footwear, luggage articles and accessories

2019/S 159-392334

Contract notice

Supplies

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Danish Defence Acquisition and Logistics Organizations
16-28-71-80
Lautrupbjerg 1-5
Ballerup
2750
Denmark
Contact person: Emsal Kitir
Telephone: +45 41740619
E-mail: fmi-id-sma13@mil.dk
NUTS code: DK05

Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/6abfed73-6017-463d-ae30-d42508907525/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#/6abfed73-6017-463d-ae30-d42508907525/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#/6abfed73-6017-463d-ae30-d42508907525/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#/6abfed73-6017-463d-ae30-d42508907525/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 of Garments for Danish Defence

II.1.2)Main CPV code
18000000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

Danish Defence Acquisition and Logistics Organization (DALO) is putting acquisition of garments for Danish Defence up for tender. The tender procedure concerns the award of two (2) framework agreements regarding base layer and mid layer garments for the Danish Defence.

Lot 1 concerns supply of under garments, jacket fibre fur, thermal trousers and base wool under garments.

Lot 2 concerns supply of mid layer garments.

The garments are part of the Danish Combat Uniform System and will be used in conjunction with other layers. The garments in Lot 1 will be used during military tasks in all weather conditions and the garments in Lot 2 will be used during all tasks in cold winter weather conditions as an insulating layer.

Due to this special use/layering concept and combination with other layers, it is important that the all garments (both in Lot 1 and 2) in design and sizing system fits well and works together with the rest of the danish combat uniform system.

II.1.5)Estimated total value
Value excluding VAT: 81 000 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: yes
Tenders may be submitted for all lots
II.2)Description
II.2.1)Title:

Lot 1: Base Layer and Wool Under Garments

Lot No: 1
II.2.2)Additional CPV code(s)
18310000
18300000
18312000
18321000
18331000
18422000
18223200
II.2.3)Place of performance
NUTS code: DK05
Main site or place of performance:

9800 Hjoerring.

II.2.4)Description of the procurement:

The framework agreement will provide Danish Defence with under garments, jacket fibre fur, thermal trousers and base wool under garments.

Under garments, jacket fibre fur, thermal trousers is referred to as the Base Layer Garments (BLG) and Wool Under Garments is referred to as the ‘WUG’

The BLG and WUG are a part of the Danish Combat Uniform System and will be used in conjunction with other layers.

Some of the BLG (under garments) will be used next to skin, and the other parts of the BLG (jacket fibre fur and thermal trousers) will be used as mid layer under the outer layers of the Danish Combat Uniform system.

The WUG will be used next to skin and as mid layer under the outer layers of the Danish Combat Uniform System. Due to this special use/layering concept and combination with other layers, it is important that the BLG and WUG in design and sizing system fits well and works well together with the rest of the Danish Combat Uniform System.

The BLG and WUG shall be provided in standard sizes as well as specific measurements (custom made garments) in accordance with technical drawings.

The garments will be used by men and women and at least 95 % of all soldiers are estimated to wear the garments in terms of the standard size of the individuel articles and up to 5 % can be made to specific measures.

The framework agreement covers the items listed below:

— sports BRA, white

— t-shirt, parade, unisex, white, blue border

— t-shirt, unisex, white and dark blue

— t-shirt, fr, unisex, grey-beige

— briefs, fr, short, men, grey-beige

— briefs, fr, short, women, grey-beige

— leggings, fr, thin, long, men, grey-beige

— leggings, fr, thin, long, women, grey-beige

— undershirt, fr, thin, long, unisex, grey-beige

— leggings, fr, thermal, long, men, grey-beige

— undershirt, fr, thermal, long, unisex, grey-beige

— leggings, fr, thermal, long, women, grey-beige

— t-shirt, cotton, unisex, olive-green

— multi-scarf, fr, grey-beige

— jacket, fibre fur, m/84, unisex, olive-green

— trousers, thermal, m/84, unisex, olive-green

— undershirt, wool, mesh, long, unisex, olive-green

— leggings, wool, mesh, long, unisex, olive-green

— undershirt, wool, terry, long, unisex, olive-green,

— leggings, wool, terry, long, unisex, olive-green.

The WUG shall be mesh-knitted or terry-knitted. For mesh-knitted the textile composition shall be minimum 90 % merino and the weight 120 g/m2 +/- 5 % and for terry-knitted the textile composition shall be minimum 70 % merino and weight 230 g/m2 +/- 5 %. Some of the BLG shall be made of flame resistant (FR) material with textile composition of minimum 59 % mod acrylic. These parts of the BLG and WUG shall be compliant with fire resistance requirements, cf. DS/EN 11612:2015 DS/EN ISO 15025:2016 for limited flame spread procedure A-surface or equivalent.

The thermal trousers (M/84 unisex olive-green) shall be manufactured in woven outer material and knitted inner material with a polyester cotton lining. The trousers shall be spot welded. The thermal trousers (M/84 unisex olive-green) and the jacket fibre fur (M/84 unisex olive-green) shall have a calculated CLO value, which is higher than the parallel model 2.6 and serial model 3.1 cf. TD-26000125 Test protocol I for determining the thermal insulation of garments.

The BLG and WUG shall have the ability to withstand a 60 oC wash.

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: 75 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

DALO shall be entitle to renew the framework agreement for one (1) year. The renewal shall not take place more than two (2) times.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
Objective criteria for choosing the limited number of candidates:

For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the 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, it is DALO’s intention to choose:

Please see additional information to this contract notice where the procedure for choosing the candidates is described in detail.

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
II.2)Description
II.2.1)Title:

Lot 2: Mid Layer Garments

Lot No: 2
II.2.2)Additional CPV code(s)
18200000
18213000
18220000
II.2.3)Place of performance
NUTS code: DK050
Main site or place of performance:

9800 Hjoerring.

II.2.4)Description of the procurement:

The framework agreement will provide Danish Defence with Mid Layer Garments (MLG).

The MLG are a part of the Danish Combat Uniform System and will be used in conjunction with other layers. The MLG will be used during all military tasks in cold winter weather conditions as an insulation layer. The MLG will be used over the base layers and under the outer layers of the Danish Combat Uniform system. Due to this special use/layering concept and combination with other layers, it is important that the MLG in design and sizing system fits well and works well together with the rest of the Danish Combat Uniform System.

The MLG shall be supplied in standard sizes as well as specific measures (custom made garments) in accordance with technical drawings.

The MLG will be used by men and women. At least 95 % of all soldiers are estimated to wear the MLG in terms of the standard size of the individual articles and up to 5 % can be made to specific measures. The framework agreement covers the items listed below:

— jacket, thin, unisex, mid-layer clothing,

— jacket, thick, unisex, mid-layer clothing,

— trousers, bib, thick, unisex, olive-green, mid-layer.

The jackets must be manufactured in a wind and water resistant, thermal regulating material.

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: 6 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: yes
Description of renewals:

DALO shall be entitle to renew the framework agreement for one (1) year. The renewal shall not take place more than two (2) times.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 5
Maximum number: 6
Objective criteria for choosing the limited number of candidates:

For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the 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, it is DALO’s intention to choose:

Please see additional information to this contract notice where the procedure for choosing the candidates is described in detail.

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

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 (electronic version, hereafter ESPD –) and provide the following information in the ESPD.

Its equity ratio (calculated by dividing the candidate's equity with the candidate's/tenderer’s total assets (equity/total assets x 100) at the end of the last 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 candidate's equity ratio (calculated by dividing the candidate’s/tenderer’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. 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 candidate 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 above mentioned 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 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. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities’ ESPD must equally provide the information listed above.

Minimum level(s) of standards possibly required:

The candidate must have had a positiv ratio for each 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.

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

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

A list of the most important similar deliveries (references), cf. Section II.1.4) and II.2.4), in regard to the lot or lots in respect of which the candidate has requested to participate, carried out, prior to the deadline for the request to participate, cf. Part IV, section C.

— the list should preferably include a short description of each delivery. The description should include a clear indication of which specific parts of the deliveries that are similar to the supplies as described in Section II.1.4) and II.2.4), in regard to the lot or lots in respect of which the candidate has requested to participate,

— the description should also include a description of the candidates participation/role in the performance of the deliveries,

— the description should contain information on the date of the deliveries, the size/quantity/volume and value of the deliveries, the recipients of the deliveries (specific names/countries are preferred; 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 of commencement and completion. 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.

Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. Section II.2.9). If the delivery in question is ongoing, it is only the part of the supplies carried out 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 and 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 size, value, quantity or volume, etc.) of an ongoing delivery (reference) that has been carried out and completed at the time of the deadline for request to participate.

The list must contain a maximum of 6 previous deliveries whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures or relies on the technical and professional capacity of other entities. If the list contains more than 6, DALO will only consider the first 6 deliveries on the list. Deliveries beyond this number will be disregarded.

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. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities’ ESPD must equally provide the information listed above.

The candidate will not be required to present further documentation for the technical and professional capacity (i.e. the information stated in the ESPD is considered sufficient). However, DALO reserves the right to contact the candidate and/or the recipients of the deliveries in order to verify the information stated in Part IV, section C in the ESPD, including details on the specified dates of the performance of the deliveries.

Minimum level(s) of standards possibly required:

No minimum requirements regarding similar deliveries, but the candidates need to be aware that each reference will be assesed in connection with the pre-qualification and should therefore apply the above mentioned information in their list of references.

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 corporate 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
Restricted 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: 23/09/2019
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

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 II.1.5): the estimated value of the framework agreements is 63 500 000 — 81 000 000 DKK. Hence the estimated value for Lot 1 is (60 000 000 — 75 000 000) DKK and for Lot 2 (3 500 000 — 6 000 000) DKK.

The reason for the interval stated is the uncertainty regarding the actual value of the framework agreements. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreements at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreements in its duration.

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 candidate is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. Section III.1.2), and how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. Section II.2.9).

The candidate and, if relevant, the participants in the group of entities or/and entities on which the candidate relies on, 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.

The candidate may submit an ESPD for each lot.

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 candidate relies on the capacity of other entities, cf. Section III.1.2) and III.1.3), the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot consider the economic and financial standing and/or the technical and professional capacity of the other entity or entities. DALO has prepared a template to be used to confirm the legal obligation which is available at ETHICS. DALO strongly encourages the candidates to use this form. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements. DALO shall exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the candidate has provided sufficient documentation that the candidate 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.

For further information regarding this procurement, please see the enclosed document ‘additional information to contract notice’.

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

Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

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

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, calculated starting the day after the contracting authority has sent notification to the candidates and 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
Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

Internet address: www.kfst.dk

VI.5)Date of dispatch of this notice:
16/08/2019