Supplies - 6096-2022

Unrevised Machine Translation

07/01/2022    S5

Germany-Berlin: Diagnostic agents

2022/S 005-006096

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Landeslabor Berlin-Brandenburg
Town: Berlin
NUTS code: DE300 Berlin
Country: Germany
E-mail: vergabestelle@landeslabor-bbb.de
Internet address(es):
Main address: www.landeslabor-bbb.de
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://vergabemarktplatz.brandenburg.de/VMPSatellite/notice/CXP9Y58RJ3S/documents
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://vergabemarktplatz.brandenburg.de/VMPSatellite/notice/CXP9Y58RJ3S
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
Other activity: Verbraucherschutz

Section II: Object

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

Framework agreement/Supply of ASP PCR test kits

Reference number: 75-21-ni
II.1.2)Main CPV code
33694000 Diagnostic agents
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The subject of the service and the overall objective of the contract is to provide the Land laboratory Berlin-Brandenburg with qPCR test kits for molecular biological diagnostics of African swine fever on a permanent and secure basis by means of individual calls from a framework agreement in accordance with point II.2.4 of this notice.

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.3)Place of performance
NUTS code: DE403 Frankfurt (Oder), Kreisfreie Stadt
Main site or place of performance:

Berlin-Brandenburg Landeslabor Gerhard-Neumann-Strasse 2 15236 Frankfurt (Oder)

II.2.4)Description of the procurement:

The services provided by the framework partner include in particular:

Original qPCR test kits are supplied which are suitable for detecting African swine fever virus by means of a real-time (quantitative) polymerase-chain reaction in the matrices EDTA blood, swabs, tissues and bones to the extent described below and authorised for use in Germany in accordance with Section 11(2) TierGesG. A response time of up to 70 minutes is required as a minimum requirement. Batch release pursuant to § 32 TierImpfStV must be available.

A qPCR test kit shall contain not less than 96 reactions and not more than 480 responses. The qPCR test kits delivered must have a shelf life of 8 months from delivery.

The proposed characteristics of the contracted qPCR test kit are verified by a test pre-award test and assessed with regard to the quality suitable for the sample operation at the contracting authority. To this end, bidders are invited to submit qPCR test kits in accordance with the procurement documents that meet the minimum requirements.

The contracting authority provides for a minimum quantity of 30 000 responses. It can be assumed that the acceptance for the duration does not exceed 320,000 reactions, but the contracting party’s obligation to deliver is not subject to acceptance beyond the minimum acceptance.

The details are set out in the documents available for download under point I.3 of this notice.

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: 24
This contract is subject to renewal: yes
Description of renewals:

The duration of the contract will be extended twice for a further year.

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 order to prove their capacity, the tenderer or each member of a consortium must provide the following information. Please also refer to point III. 2) and point VI. 3 of this notice:

1. Indicate the name or company name of the tenderer and indicate a contact person responsible for the procedure with contact details.

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

In order to prove their capacity, the tenderer or each member of a consortium must provide the following information. Please also refer to point III. 2) and point VI. 3 of this notice:

1. Proof that your company has unannounced liability insurance for personal injury, property and property damage, within the limits and scope of the market. In this case, attach a copy of the insurance certificate as evidence.

If there is no such liability insurance already in place, please provide a self-declaration that commercial liability insurance for personal injury, property and property damage will be maintained at the latest until the start of the performance of the contract and that you undertake to maintain it for the duration of the contract and to pay the premiums in good time.

2. Self-declaration of the tenderer’s total annual turnover in EUR (net) for the last three financial years. The information on annual turnover must refer to the undertaking applying for this contract and not to the entire group.

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

In order to prove their capacity, the tenderer or each member of a consortium must provide the following information. Please also refer to point III. 2) and point VI. 3 of this notice:

1. The minimum requirement is the current proof that the qPCR test kit offered by the bidder has been lawfully placed on the market by approving the test kit in accordance with § 11(2) TierGesG (copy sufficient).

2. References: A list of at least 3 references of similar (partial) services provided in the past three years, from which the contracting authority can see that the tenderer or group of tenderers has sufficiently comparable experience in the services to be awarded. The reference list must give the following information per reference:

—Recipients at least indicate the sector and size (indicating whether the services have been provided to the public authorities and the undertaking to contact the reference provider on request for such a reference). The minimum requirement is proof of a reference for a regional laboratory institution, a regional testing office or other laboratory accredited to carry out molecular biological diagnostics.

— The nature and extent of the services provided: A description illustrating the comparability of the reference with the supply and support services which are the subject of this invitation to tender, in particular those described in II.1.4 and II.2.4 of this notice. 2.4 cover the topics mentioned in this notice;

— Period of performance of the services

Upon request, contact with the reference provider must be ensured for the contracting authority.

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

1. Self-declaration that there are no grounds for exclusion under Section 123 GWB. If not, please provide details.

2. Self-declaration of compliance with the obligation to pay taxes, levies and statutory social security contributions in so far as the entrepreneur is subject to the obligation to pay contributions. Proof must be provided at the request of the AG.

3. Self-declaration that there are no grounds for exclusion under Section 124 of the GWB by the bidder, member of the consortium and third parties. If this is the case, please provide further details.

4. Self-declaration that there are no grounds for exclusion under § 21 AEntG, § 19 MiLoG, § 21 SchwarzArbG and § 98c AufenthG

5. Self-declaration that the undertaking has not been subject to a custodial or financial penalty of at least EUR 2 500 in accordance with Section 404(1) and (2) of Volume III of the Social Code, Sections 15, 15a, 16(1), 1b and 2 of the AÜG.

6. Obligation to respect data confidentiality.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

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.2.2)Time limit for receipt of tenders or requests to participate
Date: 14/02/2022
Local time: 12:00
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:
German
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until: 15/04/2022
IV.2.7)Conditions for opening of tenders
Date: 14/02/2022
Local time: 12:00
Information about authorised persons and opening procedure:

Not publicly available.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

1. The procedure is conducted electronically via the Brandenburg public procurement market place. The tenderer’s cockpit must be used for tenders and ensure that only standard file formats (xls, doc, odt or pdf) are used. Submission of tenders via the area of communication of the tendering market place or by e-mail will lead to exclusion. Tenderers should carry out a test upload via the tenderer’s cockpit in good time before the deadline.

2. When preparing and submitting your tender, please note that we will process the personal data you provide for the conduct of this procurement procedure in order to comply with our legal obligation to conduct a procurement procedure prior to the award of the contract. Your tender and therefore participation in the procurement procedure is a necessary pre-contractual measure.

3. Procedural communication — including requests for additional declarations and evidence, etc. — is carried out exclusively through the communication area of the Brandenburg procurement market place. Interested parties should register in their own interest, free of charge and with the correct company name, and ensure that the e-mail address provided regularly — even after the closing date of the tender! — monitored. In order to prevent the messages from falling into the spam folder, the VMP sender should: info@vergabemarktplatz.brandenburg.de be placed on the list of secure e-mail addresses for your own interest.

4. The contracting authority will request from the tenderer(s) and members of the consortium and third parties whose tender the contract is to be awarded an extract from the Central Trade and Corruption Register in accordance with § 150a GewO, § 19(4) MiLoG and the Corruption RegisterG Berlin on the basis of this decision on suitability.

5. If you rely on other companies to provide part of the work (subcontractors), you must indicate this with the tender. Prior to the award of the contract, proof of absence of grounds for exclusion shall be provided for them and shall be accompanied by appropriate letters of commitment.

6. A tenderer may also be a member of a consortium to prove its economic and financial and technical and professional capacity of the capacities of other entities (third parties/contractors/group companies; hereinafter referred to as ‘third parties’, irrespective of the legal nature of the links between it and those undertakings. In the case of a suitability loan, the tenderer or group of tenderers shall:

— indicate the scope of the suitability loan and the third parties in his/her tender, and

— provide all the information, declarations and evidence specified in III.1.1, III.1.2) of this notice for any third party.

— The information, declarations and evidence specified in point III.1.3 of this notice must be provided for each third party to the extent that the tenderer or group of candidates refers to the technical and professional capacity of the third party.

— Please note that for these third parties you also provide the information referred to in point III. (2) submit this notice.

— The tender must also include a declaration by each of these third parties that, in the event of a contract, the tenderer or group of tenderers will have full access to the necessary resources of that third party to the extent specified (e.g. undertaking letter).

If you refer for professional experience (references, qualifications) to the capacities of third parties, please note that these third parties must be used for the performance of the services within the scope of the qualification loan.

Notice ID: CXP9Y58RJ3S

VI.4)Procedures for review
VI.4.1)Review body
Official name: Vergabekammer des Landes Berlin
Postal address: Martin-Luther-Straße 105
Town: Berlin
Postal code: 10825
Country: Germany
E-mail: vergabekammer@senweb.berlin.de
Telephone: +49 030-9013-8316
Internet address: https://www.berlin.de/sen/wirtschaft/wirtschaft/wirtschaftsrecht/vergabekammer/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The time limit for lodging appeals is 15 calendar days from receipt of the non-assistance notification (see Section 160(3)(4) GWB).

In addition to the waiting and information requirements, please also pay particular attention to the rules on the procedure before the Public Procurement Chambers laid down in the Gesetz gegen Wettbewerbsbeschränkungen (GWB):

1. Information and waiting obligations (§ 134 GWB)

(1) Contracting authorities shall inform tenderers whose tenders are not to be accepted, without delay and in writing, of the name of the undertaking whose tender is to be accepted, of the reasons for the proposed failure to take their tender into consideration and of the earliest date on which the contract is concluded. This also applies to candidates who have not received information on the rejection of their application before the notification of the award decision to the tenderers concerned.

(2) A contract may not be concluded until 15 calendar days after dispatch of the information referred to in paragraph 1. If the information is sent electronically or by fax, the time limit shall be reduced to 10 calendar days. The period shall begin on the day following the date on which the information is sent by the contracting authority; the date of access by the tenderer and candidate concerned is irrelevant.

2. Ineffectiveness effects (§ 135 GWB)

(1) A public contract shall be ineffective from the outset if the contracting authority:

— has infringed Paragraph 134 of the GWB, or

— awarded the contract without prior publication of a notice in the Official Journal of the European Union, without this being permitted by law, and that infringement has been established in a review procedure.

(2) The invalidity referred to in (1) may be established only if it has been invoked in the review procedure within 30 calendar days of the contracting authority having informed the tenderers and candidates concerned of the conclusion of the contract, but not later than six months after the conclusion of the contract. Where the contracting authority has published the contract award notice in the Official Journal of the European Union, the time limit for claiming ineffectiveness shall expire 30 calendar days from the date of publication of the contract notice in the Official Journal of the European Union.

3. Initiation, application deadline (§ 160 GWB)

The application for review shall be inadmissible in so far as:

— the applicant has recognised the alleged infringement of public procurement rules before lodging the application for review and has not raised a complaint with the contracting authority within 10 calendar days; the expiry of the time limit under Section 134(2) of the GWB remains unaffected;

—Infringements of public procurement rules which are apparent from the contract notice are not raised against the contracting authority at the latest by the deadline for submission of tenders specified in the contract notice;

—Infringements of procurement rules which are only apparent in the procurement documents are not raised against the contracting authority by the deadline for submission of applications or tenders at the latest;

— more than 15 calendar days have elapsed after receipt of the contracting authority’s notification of its intention not to remedy a complaint.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Vergabekammer des Landes Berlin
Postal address: Martin-Luther-Straße 105
Town: Berlin
Postal code: 10825
Country: Germany
E-mail: vergabekammer@senweb.berlin.de
Telephone: +49 030-9013-8316
Internet address: https://www.berlin.de/sen/wirtschaft/wirtschaft/wirtschaftsrecht/vergabekammer/
VI.5)Date of dispatch of this notice:
03/01/2022