Services - 401456-2020

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26/08/2020    S165

Denmark-Ballerup: Transport services (excl. Waste transport)

2020/S 165-401456

Contract notice

Services

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Official name: Danish Defence Acquisition and Logistics Organization
Postal address: Lautrupbjerg 1-5
Town: Ballerup
Postal code: 2750
Country: Denmark
Contact person: Thomas Bertelsen
E-mail: fmi-sd-l106@mil.dk
Telephone: +45 72814265

Internet address(es):

General address of the contracting authority/entity: www.fmi.dk

Electronic access to information: https://www.ethics.dk/ethics/eo#/c29ebc49-680a-44bb-91b5-9295f96512e7/homepage

Electronic submission of tenders and requests to participate: https://www.ethics.dk/ethics/eo#/c29ebc49-680a-44bb-91b5-9295f96512e7/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:
Worldwide Transportation Services
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 6: Air transport services of passengers and freight, except transport of mail
Main site or location of works, place of delivery or of performance: Most deliveries and pick-ups in Denmark will be to/from the DALO main storage facilities in Skrydstrup, Hjørring, Karup and Klosterheden, however transportation services shall be able to be carried out worldwide.

NUTS code DK DANMARK

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 several operators
maximum number of participants to the framework agreement envisaged: 3

Duration of the framework agreement

Duration in years: 4

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

Estimated value excluding VAT:
Range: between 120 000 000 and 240 000 000 DKK
II.1.5)Short description of the contract or purchase(s):
The tender concerns worldwide transportation services, primarily regarding transportation of acquisitions from a third party to the Danish Acquisition and Logistics Organisation (DALO), as well as transportation of repairable goods from DALO to a third party. The transportation services concerns both non-military and military goods. This includes transportation of all types of dangerous goods and special handling of classified transports of sensitive materials. The agreement also concerns worldwide transportation of personal property in relation to relocation of personel.
The main parts of acquisitions transports are from the USA to Denmark and from Europe to Denmark. Purchases from the USA are mainly through the Foreign Military Sales (FMS) System and the Supplier must be able to receive goods at a storage facility in USA, in accordance with the rules of FMS.
The main parts of repairable materiel transports are from Denmark to USA or from Denmark to countries in Europe. Transports within Europe will most often be to/from a number of recurring locations that are reachable through the main road networks.
Most deliveries and pick-ups in Denmark will be to/from the DALO main storage facilities in Skrydstrup, Hjørring, Karup and Klosterheden.
Goods to be transported through this agreement are purchased by DALO through other framework agreements or acquisition contracts. The supplier must be prepared to coordinate pick-up directly with the factory/third-party supplier when the goods are ready to be picked up. There will often be a long interval between the initial placement of the transportation order and the actual transport taking place.
The agreement shall support the transportation of all types of goods, including classified, hazardous and goods where transportation is regulated by various international conventions and defense-related licenses.
The buyer’s services must include, but are not limited to:
1) overland transport, rail, air transport (part load) and vessel (part load/full load) including multimodal transports as door-to-door solutions;
2) relocation of personal property including packing, unpacking, storage, handling and insurance
3) general support and consultancy services, e.g. regarding import and export
4) free access to a web-based transport booking system.
The supplier shall be able to transport and store classified material up to and including ‘Secret’ (National: Hemmeligt (HEM) and ‘NATO: NATO SECRET (NS)’ as well as sensitive materiel in general, pursuant to Danish and other national laws and legislation.
The framework agreement will be entered into with up to three suppliers. After the commencement of the framework agreement the placing of orders will be based on a cascade principle meaning that the supplier who offered the most economically advantageous tender at the tender stage (Supplier No 1) will always be given the opportunity to complete the services and the specific orders before the other suppliers (Supplier No 2 and Supplier No 3), who offered the second and third most economically advantageous tender. However supplier No 1 is expected to meet all DALO's needs for transportation services. Only in special situations the transportation service will be completed by supplier No 2 or No 3. Further details about witch scenarios supplier No 2 or 3 will be expected to deliver the transportation services is described in an Annex to the framework agreement witch will be available to the pre-qualified tenderers.
The agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all divisions of the Danish Defence which are subject to the command of the Chief of Defence shall be entitled to use the agreement for the purchase of deliverables on the terms and conditions of the agreement.
II.1.6)Common procurement vocabulary (CPV)

60000000 Transport services (excl. Waste transport), 60100000 Road transport services, 60200000 Railway transport services, 60400000 Air transport services, 60600000 Water transport services, 63100000 Cargo handling and storage services, 63520000 Transport agency services, 63700000 Support services for land, water and air transport, 60640000 Shipping operations

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 120 000 000 and 240 000 000 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: 48 (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:
If advance payments are made, an on-demand guarantee from a recognised financial institution must be presented. The financial institution has to be approved by DALO.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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 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. See Appendix B for further details. The framework agreement and appendices are only made available to the pre-qualified tenderers.
DALO demands that the winning tenderers possess the company security clearance level required by DALO and that relevant personal taking part in the performance of the framework agreement can obtain a personnel security clearance at the level required by DALO. The security clearance must be maintained throughout the term of the framework agreement. See Special Appendix 9 for further details. The framework agreement and appendicis are only made available to the pre-qualified tenderers.
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 offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer.
(1) is not subject to any of the reasons for exclusion stated in art. 39(1) 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 procurement 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 declaration must be submitted for each participating entity.
Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of DKK 100 000 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. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.
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 December 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: Annual reports or excerpts hereof or other documentation stating the candidate’s annual turnover for the last 3 financial years, if publication of annual reports is required under the law of the country in which the candidate is established and to the extent such information is available.
Annual reports or excerpts hereof or other 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 annual turnover of at least DKK 120 000 000 in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover 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 annual turnover will be calculated as the sum of the candidate’s annual turnover and the entity or entities’ annual turnover in each of the last 3 financial years available.
The candidate must have had a positive equity 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.
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), 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) 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 IV.1.2). If the delivery in question is ongoing, it is only the part of the services 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 services has not been carried out within the past 5 (five) years or if a part of the services 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/tenderer clearly states which part (e.g. with regard to size, value, quantity or volume) 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 services, described in section II.1.5. The description should also including 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 size/quantity/volume and value of the deliveries, the 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.
The list must contain a maximum of 10 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 10, DALO will only consider the first 10 deliveries on the list. Deliveries beyond that will be disregarded.
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
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 5
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) above. In the evaluation, DALO will take into account 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.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
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:
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
6.10.2020 - 13:00
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
VI.2)Information about European Union funds
VI.3)Additional information:
Regarding section II.2.1): the estimated value of the framework agreement is kr. DKK 120-240 million . The reason for the interval stated is the uncertainty regarding the actual value of the framework agreement. 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.
Regarding section IV.3.6): the request to participate shall be in the language stated in section IV.3.6), however, the candidate/tenderer can provide the requested documentation/certificates supporting the PQQ/tender in Danish.
Regarding section IV.3.6): note, that the procure documents are in English. However, the negotiations during the tender procedure may be conducted in Danish or English depending on the preferences of the specific tenderer.
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to tenderers.
Tenderers are expressly made aware that DALO reserves the right to regard the INDO as a best and final offer (BAFO) and to close the tender procedure and award the contract on the basis of the submitted INDO, i.e. without conducting any negotiations.
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 December 2015, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the procurement documents.
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 email.
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. 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.
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.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: Klagenævnet for udbud (The Complaints Board for Public Procurement)
National registration number: Nævnenes Hus
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
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 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 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

Official name: Konkurrence-og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
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:
21.8.2020