Supplies - 453427-2020

28/09/2020    S188

Uganda-Kampala: Passenger cars

2020/S 188-453427

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Embassy of Denmark in Uganda
Postal address: Plot 3, Lumumba Avenue
Town: Kampala
NUTS code: 00 Not specified
Country: Uganda
Contact person: Carolyne Mbekeka
E-mail: carmbe@um.dk
Internet address(es):
Main address: http://um.dk/en/danida-en/
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/0b6129e3-9695-4292-b33a-f2307b3beca4/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#/0b6129e3-9695-4292-b33a-f2307b3beca4/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#/0b6129e3-9695-4292-b33a-f2307b3beca4/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
Other activity: Development assistance

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Vehicles for the Uganda Country Programme

Reference number: 2020-11051
II.1.2)Main CPV code
34110000 Passenger cars
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The Danish Embassy in Uganda requires the delivery of vehicles for its engagements in Northern Uganda under the Northern Uganda Resilience Initiative (NURI) programme and the Democratic Governance Facility (DGF) which covers all the regions in the country.

In order to ensure that vehicles are provided on market terms, the contracting authority will enter into two parallel framework agreements (with the two tenderers who submitted the most and second most economically advantageous tender during the procurement procedure), and reopen competition between the two suppliers.

II.1.5)Estimated total value
Value excluding VAT: 1 906 900.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
34113000 4-wheel-drive vehicles
34114400 Minibuses
75211200 Foreign economic-aid-related services
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

Uganda.

II.2.4)Description of the procurement:

Immediately after the conclusion of the parallel framework agreements, the contracting authority will request that the suppliers submit bids comprising eleven (11) vehicles for NURI of the Double-Cabin Pickup type.

In addition, the contracting authority expects to procure forty (40) vehicles for DGF during the contract period of the Double-Cabin Pickup, Minibus and Sport Utility Vehicle (SUV) type. The number of vehicles and distribution of types (and the total value of the framework agreements) are only estimated and not guaranteed by the contracting authority. Thus, the contracting authority does not guarantee that the number of vehicles, types or the estimated total value is correct or that the actual expenditure will correspond to the estimated total value.

The vehicles will be used in all types of terrain in Uganda, including in remote areas on rough and muddy gravel roads. The vehicles should be suitable for continuous and strenuous operations in general ‘on and off’ road in tropical conditions, in all areas of Uganda. The vehicles should be of sturdy construction and good quality.

The vehicles must be the manufacturer’s production models that are offered for sale to the public, and able to be legally driven on public roads (street legal). Upon delivery, the vehicles must be new and unused.

Throughout the warranty period, the supplier must provide access to authorised and named service stations in all major regions of Uganda (i.e. North, South, East and West) for maintenance and repair services, and the supplier must be able to provide genuine or original equipment manufacturer (OEM) spare parts at the authorised and named service stations.

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

Candidates will be selected on the basis of the information concerning technical and professional ability, cf. section III.1.3), in relation to the object of this contract, cf. sections II.1.4) and II.2.4).

In the selection, the contracting authority will specifically emphasise the extent to which the performed contracts compare to the description of this procurement (e.g. the extent to which the previously delivered vehicles are comparable to the specified Double-Cabin Pickup, Minibus and Sport Utility Vehicle (SUV)).

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

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
List and brief description of conditions:

In Part III.A-C of the ESPD, economic operators must answer whether they are subject to exclusion grounds.

An economic operator is excluded from the procurement procedure if the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been convicted by final judgement or fined within the last 4 years for any of the exclusion grounds relating to the criminal convictions listed in section 135(1) of the Danish Public Procurement Act.

An economic operator is excluded from the procurement procedure if it has unpaid overdue debt of EUR 13 438 (DKK 100 000/USD 15 932) or more to public authorities in relation to payment of taxes and payment of social security, cf. section 135(3) of the Danish Public Procurement Act. An economic operator is, however, not excluded where the economic operator has agreed on a repayment scheme with the collection authority and that scheme is observed, cf. section 135(4), or where the economic operator provides guarantee of payment of the part of the debt which constitutes EUR 13 438 (DKK 100 000/USD 15 932) or more, cf. section 135(5).

An economic operator is excluded from the procurement procedure if it is subject to any of the exclusion grounds listed in sections 136(1)(1) and 136(1)(2) of the Danish Public Procurement Act.

An economic operator is excluded from the procurement procedure if it within the last 2 years has been subject to any of the exclusion grounds listed in sections 136(1)(3) and 137(1)(2-3) of the Danish Public Procurement Act.

The contracting authority can accept the following documentation in relation to the exclusion grounds in sections 135(1), 135(3) and 137(1)(2) of the Danish Public Procurement Act (in order of priority):

1) extracts from the relevant register or similar documents issued by a competent judicial or administrative authority or certificates issued by the competent authority in the country referred to as documentation that the tenderer is not subject to the grounds for exclusion stipulated in sections 135(1), 135(3) and 137(1)(2);

2) a declaration on oath (only if such extracts, certificates or similar documents are not issued in the country where the economic operator is established, or where the documentation does not cover all the grounds for exclusion stipulated in sections 135(1), 135(3) and 137(1)(2) entirely);

3) a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established (only if there is no provision for declarations on oath in the country where the economic operator is established).

Thus, the contracting authority cannot accept e.g. a solemn declaration made before a notary if there can be issued a certificate by the competent authority in the country where the economic operator is established. Moreover, the contracting authority cannot accept self-declarations or similar declarations issued by the economic operator or the person concerned as documentation in relation to the exclusion grounds.

Economic operators can identify the relevant documentation using the online platform e-Certis: https://ec.europa.eu/tools/ecertis/#/search

Economic operators are encouraged to submit all necessary documentation as early as possible.

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

In Part IV.B of the ESPD, the economic operator must fill in its average yearly turnover for the last 2 financial years available (where the economic operator can present annual reports).

If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.

When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the economic and financial standing of other entities, the participating economic operators or the entities referred to are subject to joint and severable liability for the performance of the contract.

The contracting authority can accept annual reports or excerpts hereof or relevant statements from a bank or certified accountant as documentation in relation to the economic and financial standing.

When an economic operator is participating in the procurement procedure together with others or when an economic operator relies on the economic and financial standing of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary economic and financial standing. The statements of support must establish a legal obligation for the party concerned and state that the involved economic operators or entities are subject to joint and severable liability for the performance of the contract.

Economic operators are encouraged to submit all necessary documentation as early as possible.

Minimum level(s) of standards possibly required:

The economic operator is required to have an average yearly turnover of minimum EUR 632 567 (DKK 4 707 375/USD 750 000) for the last 2 financial years available.

When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.

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

In Part IV.C of the ESPD, the economic operator must fill in a list of maximum 5 contracts entered into, ongoing or finalized within the last 3 years stating a description of the contract (nature and quantity of supplies from the economic operator and how they compare to the description of this procurement), amount (contract fee received by the economic operator), start date, end date and recipient (name and contact information).

If an economic operator has listed more than 5 contracts, the contracting authority will only read and assess the 5 most recent contracts listed (based on start date).

If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.

When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the technical and professional abilities of other entities, the specific parts of the contract must be performed by the economic operators or entities with the required technical and professional abilities.

The contracting authority reserves the right to contact the recipients of services or require statements from the recipients, confirming that the economic operator has performed the listed contracts, as documentation in relation to the technical and professional ability.

When an economic operator is formed by a group of economic operators or relies on the technical and professional abilities of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary technical and professional abilities. The statements of support must establish a legal obligation for the party concerned and state the parts of the contract to be performed by the party concerned.

Economic operators are encouraged to submit all necessary documentation as early as possible.

Minimum level(s) of standards possibly required:

Within the last 3 years, the economic operator must have performed (entered into, ongoing or finalized) the following:

1) minimum 1 contract regarding delivery of 4-wheel-drive vehicles (e.g. Double-Cabin Pickup or Sport Utility Vehicle (SUV)); and

2) minimum 1 contract regarding delivery of minibuses.

When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.

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

When an economic operator is participating in the procurement procedure together with others, the economic operator must present a joint statement from all the participating economic operators which identifies the member of the group who can act as an agent on behalf of the group with mandate to establish a legal obligation on behalf of the group in relation to the contracting authority.

The winning tenderer is to perform the contract in compliance with the Danida Anti-Corruption Policy and the principles of the UN Global Compact.

Economic operators can find more information on:

http://um.dk/en/danida-en/about-danida/Danida-transparency/anti-corruption/

https://www.unglobalcompact.org/what-is-gc/mission/principles

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 several operators
Envisaged maximum number of participants to the framework agreement: 2
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
Notice number in the OJ S: 2020/S 174-419815
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 26/10/2020
Local time: 14:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 30/10/2020
IV.2.4)Languages in which tenders or requests to participate may be submitted:
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)

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

The tender procedure is governed by Danish law and the rules applicable hereunder.

An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/54435/the-public-procurement-act.pdf

Access to the procurement procedure requires online registration.

Guidance (in Danish and English) on the use of the tendering system can be found at: https://www.udbudssystemet.dk/public/instructions/ETHICS.EO.vejledning.pdf

Local time in section IV is according to Central European Time (CET) in Denmark.

Economic operators may only submit one application or tender.

Economic operators must submit a European Single Procurement Document (ESPD) as preliminary evidence that the economic operator is not subject to exclusion grounds and that the economic operator fulfils the minimum requirements for economic and financial standing and technical and professional ability.

When the economic operator is participating together with others or if the economic operator relies on the capacity of other entities, each participating economic operator must provide a separate ESPD.

Before the time limit for receipt of tenders, the candidates, which the contracting authority has invited to tender, must present documentation of the information provided in the ESPD.

This contract has not been divided into lots, cf. section II.1.6), due to market and economic considerations.

The contracting authority will award framework agreements to the two tenderers who submitted the most and second most economically advantageous tender.

Economic operators will not receive remuneration for their participation in the procedure.

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:

Actions regarding requests to participate and selection must be submitted within 20 calendar days from the day after the contracting authority has notified the economic operators of the decisions regarding selection.

Other actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within:

30 calendar days from the day after the contracting authority has notified the economic operators that a contract based on a framework agreement with reopening of competition has been entered into, or 6 months from the day after the contracting authority has notified the economic operators of the decisions regarding award of a framework agreement.

The complainant must at the same time notify the contracting authority that an action has been submitted to the Danish Complaints Board for Public Procurement.

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:
23/09/2020