Supplies - 538499-2018

06/12/2018    S235    - - Supplies - Contract notice - Negotiated procedure 

Denmark-Ballerup: Security, fire-fighting, police and defence equipment

2018/S 235-538499

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
Contact point(s): Charlotte Glavind
2750 Ballerup
Denmark
Telephone: +45 72814195

Internet address(es):

General address of the contracting authority/entity: https://www.ethics.dk/ethics/eo#/99bf4578-6ec9-4c87-a3a2-e4508e8662ab/homepage

Electronic access to information: https://www.ethics.dk/ethics/eo#/99bf4578-6ec9-4c87-a3a2-e4508e8662ab/homepage

Electronic submission of tenders and requests to participate: https://www.ethics.dk/ethics/eo#/99bf4578-6ec9-4c87-a3a2-e4508e8662ab/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:
Combat Vehicle Crew Helmet System (CVC Helmet)
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase

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: 4

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

Estimated value excluding VAT:
Range: between 10 000 000 and 30 000 000 DKK
II.1.5)Short description of the contract or purchase(s):
This contract notice concerns the Danish Defence Acquisition and Logistics Organization (DALO) award of a Framework Agreement for procurement of Combat Vehicle Crew Helmet System (CVC Helmet).
Background and scope.
The Danish army operate a number of armoured vehicles. Crews that operate these vehicles work in a noisy and hazarders environment. To protect the personnel against these threats, the crews are equipped with the DH-132 Combat Vehicle Crew Helmet with the Bose audio system. This helmet system has been in use for many years thus DALO is tendering for a substitute/supplementary solution to provide hearing/head protection and clear communication. The scope is through a tender, to enter an agreement that allows DALO to acquire CVC helmets, spare parts, training, service and support. The offer should contain all relevant spare parts and accessories directly related to the CVC helmet.
Concept.
The CVC helmet must provide the user with protection, without hindering the user’s performance. At the same time the CVC helmet must support the user’s 2- way communication via vehicle intercom. Therefore the CVC helmet has 2 main objectives, protection and communication, of which neither can be neglected. The CVC helmet is to be used by crews on armoured military vehicles. This include primarily vehicles armed with cannons such as Leopard A2, CV9035 and artillery; M109 and Nexter CAESAR 8x8, but also similar vehicles e.g. armoured recovery vehicles (ARV) or armoured engineer vehicles (AEV) such as Wisent or Biber and APC Piranha 5 equipped with 120 mm mortar. Even though this helmet system is intended for use by crews on these platforms, the helmet system shall also support communication and protection when crew members solve tasks outside the platform. In these situations the helmet system will not be connected by wire to the platform intercom, but the helmet system shall still provide ballistic and hearing protection, and the opportunity to operate individual radios.
Relations to other material.
It is essential that the equipment is fully functional with the Thales SOTAS INTERCOM M2 and its connected Harris radios. It is desirable that the CVC helmet can also function with Harris radios directly and via Invisio V60 control unit.
Use cases.
The CVC helmet is to be used by the entire crew, such as commander, gunner, driver, helpers and operators on respective armoured vehicles. The helmet must protect the user, when the user is located inside as well as on/outside the vehicle. The helmet must be fully functional when connected to the intercom and the helmet should also be functional if connected directly to the mentioned radios via INVISIO V60 or via an adapter cable. The equipment is also to be used during night time, with the use of night vision goggles and during day time in a span from war-like operations in theatres around the world, to training in Denmark and abroad.
Example of use: a Tank Commander will wear the helmet and connect the audio to the intercom to communicate with his crew or unit via radios connected to the intercom. The commander will in some case command his tank while his head is outside the turret hatch in order to have a better view. During engagement he will lower himself under the hatch, in both cases connected to the intercom. Occasionally crew members will disconnect their cabled connection to the intercom and leave the vehicles to perform short term tasks outside the vehicle, still needing: The hearing protection in case battle commences, the protection from a ballistic helmet shell, the ability to maintain situational awareness and communication via personal radio and preferably the ability to operate e.g. a minesweeper with cabled acoustic input to the CVC helmet. Crew members manning artillery systems primarily work outside the vehicle, during engagement and loading procedures. During this they will be without a cable connection to the platform, so they will also need a CVC helmet solution which provides them radio input, hearing protection, ballistic protection and hear-through when dismounted.
Candidates are made aware that it is mandatory to deliver test samples to DALO in connection with a test of the tenderers offer. The candidates shall not deliver test samples in order to participate in the prequalification, however the candidates are encouraged to utilize the time during the prequalification period to insure timely delivery of the test samples. The test samples with necessary equipment shall be delivered to The Danish Army in connection with the test and must consist of 20 CVC helmet systems (in differentiated sizes) provided with necessary equipment to support the test. The test is expected to be conducted primo August 2019 till medio September 2019. However, this may be subject to change. More information will be avaliable after prequalification (expected medio February 2019).
II.1.6)Common procurement vocabulary (CPV)

35000000, 32342100, 35813000

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 10 000 000 and 30 000 000 DKK
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 36 (from the award of the contract)
II.3)Duration of the contract or time limit for completion

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 corporate social responsibility and it contains a labour clause, please see Appendix B for further information (available after pre-qualification as a part of the tender material).
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 (1) that the tenderer is not subject to any of the reasons for exclusion stated in art. 39(1) or 39(2) 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 tender documents, and the tenderer is encouraged – but not obliged - to use it.
Be advised, that as regards the reasons for exclusion in art. 39 DALO shall act in accordance with art. 39 and that DALO shall also 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 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
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).
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). There are no further restrictions on the age of the references.
If the delivery in question is ongoing, it is only the part of the supplies carried out and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate clearly states which part of an ongoing delivery (reference) that has been carried out and completed at the time of the deadline for the request to participate.
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 supplies, described in section II.1.5. The description should also include a description of the candidates participation/role in the performance of the deliveries, information on the date of the deliveries and 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). The description should also contain information whether the deliveries was to be used on a main battle tank, information whether the deliveries was to be used by crew in connection with SOTAS, information whether the delivery consisted of at least 100 complete CVC helmet systems. When specifying the date for the deliveries, the candidate should state the date for 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.
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
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
Negotiated
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 6
Objective criteria for choosing the limited number of candidates: For the purpose of achieving effective competition, DALO will choose a number of candidates for participation in this tender based on the candidate’s size in accordance with Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC). Thus, it is DALO’s intention to choose up till one candidate which is either a micro or small enterprise (group 1); up till four candidates which are mediumsized enterprises (group 2); and up till one candidate which is a large enterprise (group 3). For the purpose of this tender procedure the said enterprises are defined as follows:
— a microenterprise is defined as an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed 2 000 000 EUR,
A small enterprise is defined as an enterprise which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed 10 000 000 EUR,
— a medium-sized enterprise is defined as an enterprise which employs fewer than 250 persons and which has an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding 43 000 000 EUR.
— a large enterprise is defined as an enterprise which employs at least 250 persons or has an annual turnover of more than 50 000 000 EUR, and an annual balance sheet total exceeding 43 000 000 EUR (i.e. enterprises that are neither micro, small or medium-sized enterprises).
DALO will determine the type of enterprise a candidate belongs to based on the information supplied by the candidate regarding the candidate’s last financial year. Thus, the candidate must with the application provide the following information for its last financial year to the extent such information is available:
1) The number of employees and
2) The annual turnover and
3) The balance sheet total.

DALO has prepared a pre-qualification questionnaire which the candidates are strongly encouraged to use when submitting their applications. The information provided must be in accordance with the guidelines of Commission Recommendation of 6.5.2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC). For further guidance see the following weblink: http://ec.europa.eu/growth/smes/business-friendly-environment/sme-definition/.

If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the number of employees, the annual turnover and balance sheet total is calculated as the sum of all the participants’ number of employees, annual turnover and balance sheet total. If the candidate relies on the economic and financial standing or technical and/or professional capacity of an entity or entities, the number of employees, the annual turnover and balance sheet total of the entity og entities will not be included when determining the type of enterprise, a candidate belongs to.
The limitation of candidates within each of the 3 groups of enterprises will be based on an evaluation of those candidates within the group that have documented the most relevant previous deliveries in comparison to the contract described in section II.1.5) above. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). In the evaluation it is weighted positive:
— That the candidate has documented previous deliveries of CVC helmet systems that is similar to the description in section II.1.5.
— That the candidate has documented previous deliveries of CVC helmet systems used by crew on main battle tanks.
— That the candidate has documented previous deliveries of CVC helmet systems used in connection with SOTAS.
— That the candidate has documented previous deliveries with at least 100 complete CVC helmet systems.
— That the candidate has documented recent references.
Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited number of candidates.
As an initial rule, DALO will not, within each of the 3 groups, invite more than one candidate in group 1, four candidates in group 2 and one candidate in group 3. If DALO receives fewer applications for participation within a group than the number of candidates DALO has assigned to that particular group, DALO will not, as an initial rule, invite additional candidates belonging to other groups of enterprises. Thus, if DALO e.g. receives zero applications from micro or small enterprise (group 1), 3 applications from mediumsized enterprises (group 2), and 2 applications from large enterprises (group 3), DALO will invite the 3 medium-sized enterprises and the candidate within the group of large enterprises that has documented the most relevant previous deliveries.
However, provided that DALO receives at least 3 applications fulfilling the requirements of the Contract Notice, DALO will deviate from the described procedure if this is necessary to be able to invite 3 candidates to the tender procedure. In this case, DALO will first apply the principles for limitation of candidates as described above within each group of enterprises and, secondly, apply the same principles for limitation of candidates to all the remaining candidates regardless of which group of enterprise the candidates belong to. Thus, if DALO e.g. receives 2 applications from either micro or small enterprises (group 1), zero applications from medium-sized enterprises (group 2), and 3 applications from large enterprises (group 3), the limitation of candidates will be carried out as follows: Firstly, DALO will choose the candidate within group 1 and the candidate within group 3 that have documented the most relevant previous deliveries within the group of enterprises concerned, i.e. in group 1: one out of 2 candidates and in group 3: one out of 3 candidates. In order to invite at least 3 candidates to the tender procedure, DALO will then choose one candidate from the remaining 3 candidates that have documented the most relevant previous deliveries (i.e. the final candidate will be a choice between the 2 remaining candidates in group 3 and the one remaining candidate in group 1).
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

Prior information notice

Notice number in the OJEU: 2017/S 107-216130 of 7.6.2018

Other previous publications

Notice number in the OJEU: 2018/S 093-212217 of 17.5.2018

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
22.1.2019 - 12:00
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. Danish.

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:
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, which will be available after pre-qualification as a part of the tender material.
Please note, that each candidate can only submit one request for participation. 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 participation 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.
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 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 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.
Regarding section II.1.4) and II.2.3): The Framework Agreement have a duration of 4 (four) years and is subject to renewal for additional 3 (three) years (36 months).
Regarding section IV.3.6): The request to participate and the tenderers offer shall be in the language stated in section IV.3.6). The tenderer can in connection with their offer provide the following requested documentation/certificates; certificates and test reports or extract thereof in the tenderers national language, however the tenderer shall submit a translation of the documents/certificates in the language stated in section IV.3.6).
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, ie. without conducting any negotiations.
Prequalification orientation meeting:
DALO will host a prequalification orientation meeting. At the meeting, DALO will give an introduction to the requirements for prequalification, including how to prepare requests for pre-qualification. The meeting will take place on 7.1.2019 at 12:30 local time at DALO, Lautrupbjerg 1, DK-2750 Ballerup. The expected duration of the meeting is 1,5 hours. Candidates are kindly asked to register by sending a message through Ethics no later than 3.1.2019 with the number of persons accompanying the candidate and their names. DALO reserves the right to reduce the number of participants allowed to accompany each candidate. If the candidate is a foreign entity, the candidate must provide the following information: company name, the full names of the participants their birthdates and/or passport number. If the candidate is a Danish entity, the candidate must provide the following information: company name and the full names of the participants. The minutes of meeting will be available to all candidates at Ethics. If the candidate has any questions, DALO would perfer to receive the questions in advance.
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 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 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 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 decision 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:
5.12.2018