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http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=332675&B=REGIONMIDT
Udbyder
Central Denmark Region
Vindere
The Danish HEMS Service
(01.08.2023)
Norsk Luftambulanse AS
Storgata 33
0184 Oslo
Contract for the operation of helicopter emergency medical services
Central Denmark Region
Contract notice
Services
Section I: Contracting authority
National registration number: 29190925
Postal address: Skottenborg 26
Town: Viborg
NUTS code: DK04 Midtjylland
Postal code: 8800
Country: Denmark
Contact person: Johannes Traberg Christensen
E-mail: johannes.traberg@ph.rm.dk
Internet address(es):
Main address: http://www.udbud.rm.dk
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/253854
National registration number: 29190941
Postal address: Niels Bohrs Vej 30
Town: Aal
NUTS code: DK05 Nordjylland
Postal code: 9200
Country: Denmark
E-mail: susanne.hundeboll.nielsen@stab.rm.dk
Internet address(es):
Main address: www.rn.dk
National registration number: 29190909
Postal address: Damhaven 12
Town: Vejle
NUTS code: DK03 Syddanmark
Postal code: 7100
Country: Denmark
E-mail: susanne.hundeboll.nielsen@stab.rm.dk
Internet address(es):
Main address: www.rsyd.dk
National registration number: 29190658
Postal address: Alléen 15
Town: Sorø
NUTS code: DK02 Sjælland
Postal code: 4180
Country: Denmark
E-mail: susanne.hundeboll.nielsen@stab.rm.dk
Internet address(es):
Main address: www.regionsjaelland.dk
National registration number: 29190623
Postal address: Kongens Vænge 2
Town: Hillerød
NUTS code: DK01 Hovedstaden
Postal code: 3400
Country: Denmark
E-mail: susanne.hundeboll.nielsen@stab.rm.dk
Internet address(es):
Main address: www.regionh.dk
Section II: Object
Contract for the operation of helicopter emergency medical services
The Tender will include four helicopters (and a backup helicopter), pilots and HEMS crew medics for the operation of helicopter emergency medical services in Denmark. The Contracting Authorities will provide the HEMS physicians.
The detailed terms of the operation of the services appear from draft "Contract on the operation of helicopter emergency medical services" and the appendices, which are included as part of the tender documents.
The contract will be entered into for a period of 10 years from Commencement of Operations with options to extend the contract length up to 14 years from Commencement of Operations. Furthermore, the Contracting Authorities have an option of including up to two additional helicopters in the services.
Denmark
The national Danish HEMS service was established by the five regions of Denmark and provides nationwide coverage, currently using four EC-135 helicopters and a backup EC-135 helicopter. However, this tender process concerns two small helicopters and two large helicopters and a backup helicopter (small).
A small helicopter in this tender must have a d-value below 13,2 metres and a cockpit, cabin and cargo volume exceeding 4.5 M3. A large helicopter in this tender must have a d-value below 14 metres and a cockpit, cabin and cargo volume exceeding 6 M3.
The helicopters must be staffed with a pilot, a HEMS Crew Medic and a HEMS Physician. The latter is provided by the Contracting Authorities. The service is primarily dispatched to patients with acute life-threatening illnesses or traumatic injury but is also used for inter-hospital patient transfers.
The Danish HEMS service is a single pilot operation and it is in operation around the clock every day of the year. From Commencement of Operations, the entity performing the HEMS operations must hold a number of approvals, e.g. HEMS-operations and IFR approval (cat 1), but see the tender documents for further.
The crew shall utilise NVIS in order to land close to the accident scene at night-time and use Point IN Space (GPS-PinS) procedures when landing at hospitals in difficult weather conditions. Some of the operations are executed using onboard instruments (IFR) in bad weather conditions.
The current four helicopters completed 4.768 missions in 2021.
The four helicopters are based near Saltum on landside, Billund Airport, Ringsted Airfield and Skive on landside. On each location the regions have established a base with accommodation facilities for the crew and a hangar for the helicopter which allows for minor maintenance facilities. The bases are owned by the regions and are made available for the supplier free of charge. The backup helicopter may be placed at Ringsted Airfield (hangar made available by the Customer) or elsewhere according to the Supplier’s preference (facilities made available by the Supplier at own expense).
In regards to section II.2.7) it is noted, that the term of the contract is 10 years as from Commencement of Operations, which is expected to be in November 2024.
The Contracting Authorities may prolong the term of the Contract by 2 years (i.e. until 12 years as from Commencement of Operations).
Upon prior written agreement(s) between the Parties, the term of the Contract may be further prolonged one or more times, in total by up to 2 further years (i.e. up to 14 years as from Commencement of Operations).
The shortlisting of applicants invited to tender will be based on an evaluation of which applicants have documented the most relevant deliveries (references), see section III.1.3), of the services covered by the contract, see the description in sections II.1.4) and II.2.4).
The evaluation of the most relevant deliveries (references) will be made on the basis of the extent to which the references document experience with delivery of comparable services, including that the references are comparable with the Contract tendered for in relation to volume and complexity, see also the description in sections II.1.4) and II.2.4).
In the assessment the Contracting Authorities will make an overall evaluation of the applicant’s references. It will be given special weight if the applicant documents experience with:
• Single pilot operations
• Performing HEMS in 24-hour operations
• Using IFR,
• Using GPS-PinS,
• Performing HEMS in climate/weather conditions similar to Danish conditions (including in relation to low cloud ceiling, poor visibility and risk of ice formation).
The conditions for references being used to fulfil the minimum requirement, see section III.1.3), do not apply for references being used to fulfil the selection criteria under this section II.2.9), provided that the references relate to the past three (3) years before the deadline for submission of application.
The Contracting Authorities have an option of extending the number of emergency medical helicopters by up to two further helicopters, i.e. from four emergency medical helicopters to five or six emergency medical helicopters (in addition to the back-up helicopter).
Section III: Legal, economic, financial and technical information
The applicant must submit the European Single Procurement Document ("ESPD") with confirmation that the applicant fulfills the following minimum requirement:
• The entity to perform the HEMS operation under the contract must – at the time of application - possess a valid AOC (Air Operator Certificate) issued by an EASA member state or an associated state.
Confirmation is to be stated in section IV.A of the ESPD.
The ESPD serves as provisional documentation that the applicant fulfils the minimum suitability requirement in respect of suitability to pursue the professional activity.
Before the award decision is made, the tenderer to whom the Contracting Authorities intend to award the contract must submit documentation that the information stated in the ESPD is accurate. However, the Contracting Authorities expect to apply the procedure set out in section 151(2) of the Danish Public Procurement Act and collect documentation before the tenderer submit the initial tender. The applicants are therefore urged but not obliged to enclose this documentation with the application.
Upon the Contracting Authorities' request, the following documentation must be submitted:
• Copy of the AOC or similar documentation including the name of the issuing authority/state.
The applicant must submit the ESPD with the following information:
• The applicant's equity in the most recent financial year available
• The applicant's solvency ratio in the most recent financial year available
If the applicant relies on the economic and financial capacity of other entities in relation to the fulfilment of minimum requirements, see below, the applicant and the entities in question will be required by the Contracting Authorities to undertake joint and several liability for the performance of the contract.
If the applicant relies on the capacities of other entities, the equity is to be calculated as the total equity of the applicant and such other entities in the most recent annual report/financial statement available. For groups of operators (e.g. a consortium), the equity is calculated as the total equity of the operators in the most recent annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.
The solvency ratio is calculated as the applicant’s total equity divided by the applicant’s total assets, calculated as a percentage. The solvency ratio is thus calculated as (total equity/total assets) x 100 = equity to total assets ratio. If the applicant relies on the capacities of other entities, the solvency ratio is calculated as the total equity of the applicant and such other entities divided by their total assets, calculated as a percentage. For groups of operators (e.g. a consortium), the solvency ratio is calculated as the total equity of the operators divided by their total assets, calculated as a percentage. The information is to be stated in section IV.B of the ESPD.
The ESPD serves as provisional documentation that the applicant fulfils the minimum suitability requirements in respect of economic and financial capacity.
Before the award decision is made, the tenderer to whom the Contracting Authorities intend to award the contract must submit documentation that the information stated in the ESPD is accurate. However, the Contracting Authorities expect to apply the procedure set out in section 151(2) of the Danish Public Procurement Act and collect documentation before the tenderer submit the initial tender.
Upon the Contracting Authorities' request, the following documentation of economic and financial capacity must be submitted:
• The applicant's balance sheets or extracts from balance sheets in the most recent annual report/financial statement available if publication of the balance sheets is required under law in the country in which the applicant is established, or other documentation of the size of the equity and assets, e.g., an audited statement regarding the applicant's equity and assets in the most recent annual report/financial statement available.
For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.
The said information must be provided by completing part IV, Clause B, of the ESPD.
The Contracting Authorities impose the following minimum requirements as to applicants' economic and financial capacity:
• The applicant must have an equity of a minimum of EUR 4,000,000 in the most recent financial year available
• The applicant must have a solvency ratio of a minimum of 10% in the most recent financial year available
The applicant must submit the ESPD with the following information:
A list of the most significant comparable services (references), see sections II.1.4) and II.2.4), that the applicant has carried out in the latest 3 years before the expiry of the deadline for application. See below for the minimum requirements as to the references.
The Contracting Authorities will also attach importance to applicants' technical and professional capacity in connection with the selection of tenderers, cf. section II.2.9). Applicants must therefore in addition to the minimum requirements provide information in the ESPD as to applicants' most important references in respect of operation of helicopter emergency medical services.
Applicants are urged to state as follows in respect of each reference in the ESPD:
(i) Period within which the services were rendered
(ii) Name of the customer and contact information
(iii) Brief description of the contract, including
a. the applicant's role in performing the contract
b. the HEMS provided in regards to the elements pointed out in section II.2.9).
(iv) The applicant's fee for the service which enables the Contracting Authorities to confirm fulfilment of the minimum requirement regarding total realized revenues within the past three (3) years before the deadline for submission of application.
(v) Number of bases involved in the services by the applicant.
Such information is provided by completing part IV, Clause C, of the ESPD
No additional documentation of technical and professional capacity will be required from the applicant. However, the Contracting Authorities reserve the right to contact the relevant customers regarding the references stated for an elaboration thereof.
The Contracting Authorities impose the following minimum requirements as to the applicants' technical and professional capacity:
• The applicant must provide one or more references covering operation of a helicopter emergency medical service with total realized revenues of minimum EUR 6,000,000 within the past three (3) years before the deadline for submission of application.
Each of the contract(s) used as reference to fulfil the minimum requirement must:
1) have a contract term of three years or more; and
2) be pending or have been completed within the past three years before the deadline for submission of application.
With respect to pending references, it is furthermore a requirement that the helicopter emergency medical service must have been in operation for a minimum of two years (i.e. any implementation period where the helicopter emergency medical service is not yet in operation must not be included when calculating the duration).
The contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30 June 2014.
The contract lays down requirements on compliance with the law on processing of personal data.
If the contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative.
The Contracting Authorities have assessed that the conclusion of the contract may be subject to the authorisation requirement pursuant to the Danish Investment Screening Act. See further in the tender conditions.
Section IV: Procedure
Section VI: Complementary information
Participation in the tendering procedure may only take place by electronic means via the electronic tendering system, see the address set out in section I.3).
If the application contains several versions of the same document, the latest uploaded version will apply. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions during the prequalification phase should be submitted not later than 10 June 2022, but see the tender conditions.
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The applicant must as its application submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras 1-3 of the Danish Public Procurement Act (udbudsloven) and section 137(1) para 1, 3, 4, 5 and 6 of the Danish Public Procurement Act.
It is not necessary for the applicant to sign the ESPD document. Where the applicant is a group of operators (e.g. a consortium), the ESPD document of each participant in the group must be signed by the participant in question. The applicant heading the group and submitting the application is not required to sign its ESPD document. If the applicant relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which it relies.
In this procedure, the applicants may rely on the technical and/or financial capacity of other operators to fulfil the suitability requirements stated in section III.1.2) and III.1.3), including for the purpose of selection, see section II.2.9). The operator(s) making its/their technical and/or financial capacity available to the applicant must sign a letter of commitment, see further in the tender conditions. The form is enclosed as an attachment to the tender conditions.
Applicants are excluded from participating in the tender procedure if they are subject to the grounds for exclusion laid down in ss 135-137 of the Danish Public Procurement Act (udbudsloven), unless the applicant has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act.
The Contracting Authorities will also exclude a tenderer from participating in the tender procedure if, during the tender procedure, the tenderer becomes subject to the grounds for exclusion provided for in ss 135-137 of the Public Procurement Act.
The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the applicant. Several matters which, individually, are less serious in nature may, however, give rise to exclusion of the applicant.
Before the award decision is made, the tenderer to whom the Contracting Authorities intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act.
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As regards sections II.1.5) and II.2.6), it should be noted that the amount is an estimate of the contract price for the entire term of the contract, including the price of all options.
It should be noted that each applicant may only submit one application for prequalification. If a legal entity participates in more than one application (in any capacity), the Contracting Authorities may request proof that this has not limited the competition in conflict with applicable competition laws.
The Contracting Authorities expects to carry out one negotiation (expected in early October 2022) with each tenderer on the basis of the tenderer’s initial tender (expected deadline 2 September) and award the contract on the basis on the final tender (expected deadline 1 November 2022). However, the contract may be awarded on the basis of the initial tender. For further information on the process of the negotiations, reference is made to the tender conditions.
The Contracting Authorities will pay no remuneration for participating in the tender.
Postal address: Nævnenes Hus, Tolboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:
Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act.
In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:
1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.
2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision.
3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.
4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.
Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act.
The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1.
The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/
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/
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