Lieferungen - 439496-2017

03/11/2017    S211    - - Supplies - Contract notice - Restricted procedure 

Denmark-Ballerup: Rifles

2017/S 211-439496

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 Organizations
Lautrupbjerg 1-5
For the attention of: 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#/85501d4f-3217-4b2c-b752-8b6b8670ef21/homepage

Electronic access to information: https://www.ethics.dk/ethics/eo#/85501d4f-3217-4b2c-b752-8b6b8670ef21/homepage

Electronic submission of tenders and requests to participate: https://www.ethics.dk/ethics/eo#/85501d4f-3217-4b2c-b752-8b6b8670ef21/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:
Medium and Short Range Precision Rifles.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies

NUTS code DK

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: 9 000 000 DKK
II.1.5)Short description of the contract or purchase(s):
Through purchase under 2 individual Framework Agreements, the Danish Defence Acquisition and Logistics Organization (DALO) is planning to acquire military Precision Rifles Short (PRS), caliber 7.62x51 mm NATO — semi auto, and Precision Rifles Medium (PRM), caliber .338, both including spare parts, repair services, education and training.
Each Framework Agreement will consist of an acquisition part with a duration of 4 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.
The PRM/PRS shall be able to work on the following platforms:
Single man/team operation:
a) Shooting from confined spaces;
b) Shooting from ship/boat/Rigid-Hulled Inflatable Boat (RHIB);
c) Shooting from helicopter;
d) Shooting from vehicles;
e) Transportation in/from (a)-(d).
The weapon 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 PRS and/or PRM, accessories and technical support shall be available at DALO premises, expected to be within the period of February to April 2018.
The Tenderers are to provide 2 (two) rifles including accessories, documentation and technical support for this test, regarding each of the lots for which the Tender has been pre-qualified.
The PRM shall for the test be delivered as a system containing as a minimum:
— Magazine and 3 spares,
— Bipod,
— Muzzle brake,
— Suppressor, approved for the RIFLE,
— Hard case with padlock, which should be approved for air transportation,
— 2 single magazine pouches, closed,
— 300 rounds of .338 ammunition for test of precision, recommended by tender.
Ammunition must be factory made and shall be able to be imported to Denmark. Precision will be tested with tenders ammunition and the ammunition used by the Danish Defence.
The PRS shall for the test be delivered as a system containing as a minimum:
— Magazine and 3 spares,
— Bipod,
— Flash hider,
— Suppressor, approved for the PRS,
— Hard case with padlock, which should be approved for air transportation,
— 2 single open top magazine pouches,
— 2 double magazine pouches,
— 300 rounds of ammunition for test of precision, recommended by tender, BALL 7.62x51mm NATO.
Ammunition must be factory made and shall be able to be imported to Denmark. Precision will
be tested with tenders ammunition and the ammunition used by the Danish Defence.
II.1.6)Common procurement vocabulary (CPV)

35321200

II.1.7)Information about subcontracting
II.1.8)Lots
This contract is divided into lots: yes
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:
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)

Information about lots

Lot No: 1 Lot title: Medium Range Precision Rifles
1)Short description
Through purchase under a Framework Agreement, the Danish Defence Acquisition and Logistics Organization (DALO) is planning to acquire military Precision Rifles Medium (PRM) in caliber .338.
The Framework Agreement will consist of an acquisition part with a duration of 4 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.
See section II.1.5 for further information.
The motivation for this acquisition is to acquire a light and well balanced PRM which:
— has fast, accurate and concentrated firepower to defeat targets at distances up to 1 200m,
— 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.
For testing purpose a minimum of 2 PRM, accessories and technical support shall be available at DALO premses, expected to be within the period of of February to April 2018.
2)Common procurement vocabulary (CPV)

35321200

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Lot No: 2 Lot title: Short Range Precision Rifles
1)Short description
Through purchase under a Framework Agreement, the Danish Defence Acquisition and Logistics Organization (DALO) is planning to acquire military Precision Rifles Short (PRS), caliber 7.62x51 mm NATO — semi auto.
The Framework Agreement will consist of an acquisition part with a duration of 4 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
See section II.1.5 for further information.
The motivation for this acquisition is to acquire a light and well balanced PRS which:
— has fast, accurate and concentrated firepower to defeat targets at distances up to 800m,
— 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.
For testing purpose a minimum of 2 PRS, accessories and technical support shall be available at DALO premises, expected to be within the period of February to April 2018.
2)Common procurement vocabulary (CPV)

35321200

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

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 social responsibility and it contains a labour caluse.
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 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.
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.
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 the 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: 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 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 of precision rifles (references) to Defence or Law Enforcement Authorities, cf. section II.1.5) and II.1.8, 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 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 I ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). 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 delivery are similar to the supplies, 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 quantity of the deliveries, the recipients of the deliveries, Defence Authority, Law Enforcement Authority (specific names/countries that are preferred, but not necessary; if no country specific information is included, the candidate is asked to specify the different deliveries according to type of country, example given: NATO country A, NATO country B, NATO country C, etc. or Other country A, Other country B, Other country C, etc.
Please note that a candidate may rely on the technical and professional capacity of other entities (eg. 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.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum one similar delivery to a Defence or Law Enforcement Authority within the past 5 years prior to the deadline for the request to participate.
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 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 purchases described in section II.1.5) and II.1.8 above in regards to the lot or lots which the candidate has requested to participate, 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.
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
4.12.2017 - 10:00
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
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 per lot. 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 participa-tion 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 prequalification questionnaire for each lot which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing infor-mation 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 tech-nical 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 prequalification 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 Section 3 of 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 a short account of the relevant 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 (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, 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 deci-sion to uphold the contract, cf. the principle in § 185(2) of the Public Procurement Act (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk ).

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) of the said act.
The e-mail 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.4.3)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:
1.11.2017