Supplies - 498625-2018

13/11/2018    S218

Denmark-Ballerup: Fuels

2018/S 218-498625

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Forsvarsministeriet Materiel- og Indkøbsstyrelsen
National registration number: 16287180
Postal address: Lautrupbjerg 1
Town: Ballerup
NUTS code: DK01 Hovedstaden
Postal code: 2750
Country: Denmark
Contact person: KAPS - David Klæsøe-Lund
E-mail: dakl@kammeradvokaten.dk
Telephone: +45 61245155
Internet address(es):
Main address: http://www.fmi.dk/eng/Pages/DALO-Home.aspx
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/281426
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=223190&B=KA
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=223190&B=KA
Tenders or requests to participate must be submitted to the abovementioned address
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 MF-1902 Marine Gas Oil (Lot No. 1) and Automotive Diesel and Petrol (Lot No. 2)

Reference number: 7519783
II.1.2)Main CPV code
09100000 Fuels
II.1.3)Type of contract
Supplies
II.1.4)Short description:

DALO requires marine gas oil for a range of naval based capacities, ranging from smaller to larger vessels to be delivered by road tankers to the vessels in Danish ports and harbours and occasionally to the tank areas in Frederikshavn and Korsoer (Lot 1). Furthermore, DALO requires automotive diesel and petrol fuel for a range of ground based capacities ranging from vehicles to emergency power generators (Lot 2). All the fuel types shall be delivered in Jutland, Funen, Zealand and other islands connected by bridge, as well as on Bornholm.

The tender procedure concerns the award of 2 Framework Agreements regarding (1) marine gas oil and (2) automotive diesel and petrol. A tenderer can submit an offer for 1 lot or both lots. The Framework Agreement for each lot will be awarded to 1 tenderer.

II.1.5)Estimated total value
Value excluding VAT: 80 000 000.00 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:

MF-1902 Marine Gas Oil (Lot No. 1)

Lot No: 1
II.2.2)Additional CPV code(s)
09132000 Petrol
09134000 Gas oils
09134100 Diesel oil
II.2.3)Place of performance
NUTS code: DK0 DANMARK
Main site or place of performance:

Delivery throughout Denmark

II.2.4)Description of the procurement:

The Danish Defence seeks to acquire MF-1902 Marine Gas Oil to be delivered by road tankers to naval based capacities in Danish ports and harbours in Jutland, Funen, Zealand and other islands connected by bridge, as well as on Bornholm. The capacities are ranging from smaller vessels to be used in domestic waters to larger

Oceangoing vessels. Furthermore, delivery shall occasionally take place to tank areas connected with pipes to the naval base in Frederikshavn and the Naval Base in Korsoer. The MF-1902 Marine Gas Oil shall comply with the Danish Standard DS/ISO 8217:2017 – Grade DMA, winter quality – 3rd edition, dated 20.3.2017, or equivalent.

It is expected that the number of deliveries will be around 450 per year with an average quantity of approximately 6 000 liters. However, the agreement does not entail an obligation to buy any minimum quantity of deliverables or a minimum or maximum quantity pr. delivery.

The agreement is entered into by DALO. However, all divisions of the Danish

Ministry of Defence, including all divisions of the Danish Defence subject to the command of the Chief of Defence, is entitled to use the agreement.

Reference is made to the tender material for further information about the acquisition.

II.2.5)Award criteria
Criteria below
Price
II.2.6)Estimated value
Value excluding VAT: 35 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
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

Re. II.2.6) please note that the amount is an estimate of the expected contract value for the full duration of the Framework Agreement based on the current level of prices. Reference is made to the document "Additional information to contract notice [...]".

II.2)Description
II.2.1)Title:

Automotive Diesel and Petrol (Lot no. 2)

Lot No: 2
II.2.2)Additional CPV code(s)
09132000 Petrol
09134000 Gas oils
09134100 Diesel oil
II.2.3)Place of performance
NUTS code: DK0 DANMARK
Main site or place of performance:

Delivery throughout Denmark

II.2.4)Description of the procurement:

Danish Defence seeks to acquire automotive diesel and petrol to be delivered by road tankers to a fuel tank (or tanks) on the estates of the Danish Ministry of Defence placed in Jutland, on Funen, Zealand and other islands connected by bridge, as well as on Bornholm. Furthermore, delivery of diesel shall occasionally take place to mobile tanks in Jutland, on Funen, Zealand and other islands connected by bridge, as well as on Bornholm, however not for petrol.

The fuel is to be used for a range of ground based capacities, ranging from vehicles to emergency power generators.

The diesel fuel shall comply with the Danish Standard DS/EN 590:2013+A1:2017 8th edition, dated 6.6.2017, or equivalent.

The petrol fuel shall comply with the Danish Standard DS/EN 228:2012+A1:2017 8th edition, dated 6.6.2017, or equivalent.

It is expected that the number of deliveries will be around 160 per year with an average quantity of approximately 12 000 l of diesel and 2 000 l of unleaded petrol. However, the agreement does not entail an obligation to buy any minimum quantity of deliverables or a minimum or maximum quantity pr. delivery.

The agreement is entered into by DALO. However, all divisions of the Danish

Ministry of Defence, including all divisions of the Danish Defence subject to the command of the Chief of Defence, is entitled to use the agreement.

Reference is made to the tender material for further information about the acquisition.

II.2.5)Award criteria
Criteria below
Price
II.2.6)Estimated value
Value excluding VAT: 45 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
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

Re. II.2.6) please note that the amount is an estimate of the expected contract value for the full duration of the Framework Agreement based on the current level of prices. The amount is inclusive of energy taxes on the Automotive Diesel and Petrol. Reference is made to the document "Additional information to Contract Notice [...]".

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.2)Economic and financial standing
List and brief description of selection criteria:

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

Its general yearly turnover for the last 3 (three) financial years to the extent such information is available, cf. EPSD 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 tenderer’s general yearly turnover for the last 3 (three) financial years if publication of annual reports is required under the law of the country in which the tenderer is established, and 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 tenderer 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 tenderer presents the abovementioned 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.

Minimum level(s) of standards possibly required:

The tenderer must have had a general yearly turnover of at least 150 000 000 DKK as an average of the previous 3 (three) financial years prior to the deadline for submission of the offer. 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 tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turnover is calculated as the sum of all the participants’ general yearly turnover in each of the last 3 (three) financial years available.

If the tenderer relies on the economic and financial standing of an entity or entities, the general yearly turnover will be calculated as the sum of the tenderer’s general yearly turnover and the entity or entities’ general yearly turnover in each of the last 3 (three) financial years available.

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

The tenderer 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 tenderer has submitted an offer, carried out within the past 3 (three) years, prior to the deadline for the submission of the offer, cf. ESPD part IV, section C.

The list should preferably include:

— a description of each delivery including types of fuel delivered and size, i.e. volume of fuel delivered pr. year (in the “Description” section),

— information on when the deliveries were carried out (in the “Start date” and “End date” sections,

— the value of the deliveries (in the “Amount” section),

— the recipients of the deliveries (in the “Recipient” section). Specific names/countries are preferred but need not necessarily be included; if no country specific information is included the tenderer is asked to provide as much generic information as possible about the delivery.

The description of each delivery 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 tenderer has submitted an offer. The description should also include a description of the tenderer’s participation /role in the performance of the deliveries.

When specifying the date for the deliveries, the tenderer 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 submission of the offer will be considered when assessing if the minimum requirement for suitability stated below is fulfilled. If the delivery in question is ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the submission of the offer which will be included in the assessment of the delivery.

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

The tenderer 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 tenderer 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:

The tenderer must demonstrate experience with at least 1 similar delivery, cf. section II.1.4) and II.2.4), within the past 3 years prior to the deadline for submission of the offer, concerning the lot or lots in regard to which the tenderer has submitted an offer. By similar delivery concerning lot 1 shall be understood Marine Gas Oil delivered by road tankers with a total volume of minimum 2 500 m3 pr. year.

By similar delivery concerning lot 2 shall be understood automotive diesel and/or petrol delivered by road tankers with a total volume of minimum 1 500 m3 pr. year.

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 appoint one supplier to represent the group.

DALO demands that the tenderer and each of the legal entities whose capacities the tenderer relies on undertake joint and several liability for the performance of the contract.

The Framework Agreement must be conducted in Consideration of Social Responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2018/S 060-131993
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 11/12/2018
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 11/12/2018
Local time: 13:00

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 use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the public procurement Act. DALO shall require that the tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the compulsory grounds of exclusion stipulated in §§ 135 and 136 or the chosen optional ground for exclusion in § 137(1)(2) of the said Act, that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2) and III.1.3).

The tenderers and, if relevant, the participants in the group of entities and /or supporting entities, must use the electronic version of the ESPD. DALO has prepared an ESPD (an XML-file) available at the electronic tendering system under “My response”, section “ESPD”, where the tenderer can export the file (“Export”) and save it in a local version. The tenderer must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the ESPD can be completed, exported and subsequently imported to the electronic tendering system under “My response”, section “ESPD”. The tenderer may submit an ESPD for each lot. The tenderer is asked to state in the ESPD Part II, section A which lot or lots the offer concerns.

Reference is made to The Danish Competition and consumer authority's guidance note “ESPD Dokumentation og e-Certis”, June 2017, available at http://www.kfst.dk/media/46438/espd-dokumentation-og-ecertis.pdf and DALO’s practical guide to completion of the ESPD found with the tender material in EU supply.

A tenderer participating alone and who does not rely on the capacity of other entities shall only complete one ESPD. A tenderer participating alone who relies on the capacity of other entities shall ensure that DALO receives his own ESPD together with a separate ESPD with the relevant information for each of the entities that the tenderer relies on. Finally, when groups of entities, including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate ESPD with the information required in section II-IV.

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 tenderer relies on the capacity of other entities, cf. section III.1.2 and III.1.3, the tenderer shall upon request provide statements of support or other documentation proving that the tenderer 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 tenderer. 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 EU Supply at the link mentioned in section I.3). DALO strongly encourages the tenderers to use this form. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements.

DALO shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 and the grounds for exclusion set out in section 137(1)(2) of the said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive

2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.

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
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 35291000
Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to Section 3 of 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 public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, must in accordance with § 7(2) of the Act on The Complaints Board for public procurement be filed with The Complaints Board for public procurement within:

1— 45 calendar days after the Contracting Authority has published a contract award notice in the Official Journal of the European Union, (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, cf. § 2(2) or § 171(4) of the public procurement act, 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 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) 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.4.4)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: http://www.kfst.dk
VI.5)Date of dispatch of this notice:
09/11/2018