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https://www.ethics.dk/ethics/eo#/51fc91c1-59b2-46db-bdc9-fe46dd1400f6/publicMaterial
Udbyder
Migration, Stabilization and Fragility (MNS), Ministry of Foreign Affairs of Denmark
Vindere
Administrative Management of Denmark’s Peace and Stabilisation Response 2023-2028
(13.02.2023)
NIRAS A/S
Sortemosevej 19
3450 Allerød
Administrative Management of Denmark’s Peace and Stabilisation Response 2023-2028
Migration, Stabilization and Fragility (MNS), Ministry of Foreign Affairs of Denmark
Contract notice
Services
Section I: Contracting authority
National registration number: 43271911
Postal address: Asiatisk Plads 2
Town: Copenhagen
NUTS code: DK011 Byen København
Postal code: 1448
Country: Denmark
Contact person: Bertil Moesgaard Andersen
E-mail: bertan@um.dk
Internet address(es):
Main address: http://um.dk/en/danida-en/
Section II: Object
Administrative Management of Denmark’s Peace and Stabilisation Response 2023-2028
The objective of this contract is to engage with an administrative manager for Denmark’s Peace and Stabilization Response (PSR) from February 2023 to February 2026 (with the option to extend to February 2028).
Identification of an administrative manager of the PSR contributes to security and stabilisation around the world by ensuring relevant, efficient and timely deployment of qualified Danish civilian experts to international peacebuilding and state-building missions.
Regular coordination meetings (physical meetings) will be held in Copenhagen.
The contract concerns support to the MFA on the administrative management of Denmark's Peace and Stabilisation Response 2023-2028. The services include the following types of tasks:
1) Operate and maintain a stand-by roster and CV database with the aim of ensuring efficient identification and deployment of PSR experts. Relevant data (CV etc.) on PSR experts will be handed over to the consultant.
2) Continue already planned activities as well as activities committed by the current contract holder. In order to facilitate a smooth transition from the current contract holder, it will be possible to arrange a short handover period.
3) Administer civil deployments, including regulatory requirements on rights and entitlements and assessment of training needs.
4) Ensure that PSR experts complete relevant training activities and, in consultation with the MFA, develop new activities according to needs.
5) Handle all other practical arrangements related to deployment of PSR experts. This includes responsibility for advertising in “job-i-staten”, formulating contracts, salary administration, facilitating security clearances, organising briefings, mental health evaluations, ensuring that PSR experts are given the proper vaccinations, are properly insured, reimburse certain expenses for PSR experts (for example transportation expenses) and other day-to-day HR related matters.
In the administration of the PSR, the Consultant must adhere to Danish law, including but not limited to the Danish employment law, the Danish Public Administration Act and the Danish tax law.
The main scope of work of the consultant is related to deployment and ongoing administration of PSR experts to crisis management missions. The procedure for deployment of an expert will typically follows these steps:
1) An international organisation (EU, NATO, OSCE etc.) announces a “call for contributions” for a crisis management mission.
2) The consultant recommends to the MFA if the PSR should advertise positions for the mission – and if yes, which positions. The MFA makes the final decision.
3) If it is decided to advertise positions, the consultant does so in an open call – meaning both members of the PSR database as well outsiders as can apply for a position.
4) After the deadline, the consultant recommends candidates to the MFA. The MFA makes the final decision.
5) The consultant recommends the chosen candidates to the international organisation.
6) If the international organisation chooses one or more of the Danish candidates for interviews, the consultant is required to conduct interview training of PSR experts.
7) If Danish candidates are selected, the consultant begins the process of deployment. This includes, but is not limited to, ensuring that PSR experts have the necessary security equipment, security clearance, that they conduct the necessary training activities, psychological screenings and briefings as well as answering questions from the experts.
8) When the PSR experts are deployed, the consultant has the ongoing contact with them. This includes ensuring the responsibility for administrating the deployments in accordance with the MFA’s HR policy for secondments to high-risk postings. The consultant is also in ongoing contact with the MFA who ultimately has the duty of care for the deployed PSR experts.
9) When the deployed experts’ contracts are expiring, the consultant is expected to recommend to the MFA whether or not Denmark should extend the contracts (provided that the mission and the expert is interested in an extension).
10) When the deployed experts’ contracts have expired, the consultant is expected to finalise the return, including organisation of debriefings, ensuring that the experts’ security equipment is returned to the MFA etc.
It is important to note that every deployment of PSR experts differ and the above-mentioned steps are not always completely accurate.
The contract includes an option (Phase 2) for a two-year extension (additional 24 months).
Candidates will be selected on the basis of the information concerning technical and professional ability, cf. section III.1.3), in relation to the object of this contract, cf. sections II.1.4) and II.2.4).
In the selection, the contracting authority will specifically emphasise:
- The number of relevant contracts, as defined in section III.1.3);
- The extent to which the performed contracts compare to the description of this procurement; and
- The extent to which the contracts are performed for clients comparable to the Ministry of Foreign Affairs of Denmark (e.g. a European institution/agency or international organisation, a Ministry or any other national or federal authority, including their regional or local subdivisions, or a national or federal agency/office).
The contracting authority has fixed the consultant’s maximum compensation to 13.7% of the total budget for deployments to cover all relevant costs for the administration of the PSR. Tenders will be rejected if the quoted percentage exceeds 13.7%.
Section III: Legal, economic, financial and technical information
In Part III.A-C of the ESPD, economic operators must answer whether they are subject to exclusion grounds.
An economic operator is excluded from the procurement procedure if the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been convicted by final judgement or fined within the last 5 years for any of the exclusion grounds relating to the criminal convictions listed in section 135(1) of the Danish Public Procurement Act.
An economic operator is excluded from the procurement procedure if it has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to payment of taxes and payment of social security, cf. section 135(3) of the Danish Public Procurement Act. An economic operator is, however, not excluded where the economic operator has agreed on a repayment scheme with the collection authority and that scheme is observed, cf. section 135(4), or where the economic operator provides guarantee of payment of the part of the debt which constitutes DKK 100,000 or more, cf. section 135(5).
An economic operator is excluded from the procurement procedure if it is subject to any of the exclusion grounds listed in sections 136(1)(1) and 136(1)(2) of the Danish Public Procurement Act.
An economic operator is excluded from the procurement procedure if it within the last 3 years has been subject to any of the exclusion grounds listed in sections 136(1)(3-4) and 137(1)(2) of the Danish Public Procurement Act.
An economic operator is not required to answer whether it is subject to purely national exclusion grounds, cf. Part III.D of the ESPD.
An economic operator is excluded from the procurement procedure if the economic operator is established in a country which is entered on the EU list of non-cooperative jurisdictions for tax purposes and which has not adopted the Government Procurement Agreement (GPA) or other trade agreements that oblige Denmark to open its market for public contracts for tenderers established in the country in question, cf. section 134 a of the Danish Public Procurement Act.
The contracting authority can accept the following documentation in relation to the exclusion grounds in sections 135(1), 135(3) and 137(1)(2) of the Danish Public Procurement Act (in order of priority):
(1) Extracts from the relevant register or similar documents issued by a competent judicial or administrative authority or certificates issued by the competent authority in the country referred to as documentation that the tenderer is not subject to the grounds for exclusion stipulated in sections 135(1), 135(3) and 137(1)(2);
(2) A declaration on oath (only if such extracts, certificates or similar documents are not issued in the country where the economic operator is established, or where the documentation does not cover all the grounds for exclusion stipulated in sections 135(1), 135(3) and 137(1)(2) entirely);
(3) A solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established (only if there is no provision for declarations on oath in the country where the economic operator is established).
Thus, the contracting authority cannot accept e.g. a solemn declaration made before a notary if there can be issued a certificate by the competent authority in the country where the economic operator is established. Moreover, the contracting authority cannot accept self-declarations or similar declarations issued by the economic operator or the person concerned as documentation in relation to the exclusion grounds.
Economic operators can identify the relevant documentation using the online platform e-Certis: https://ec.europa.eu/tools/ecertis
Economic operators are encouraged to submit all necessary documentation as early as possible.
In Part IV.B of the ESPD, the economic operator must fill in its average yearly turnover for the last 2 financial years available (where the economic operator can present annual reports).
If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.
When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the economic and financial standing of other entities, the participating economic operators or the entities referred to are subject to joint and several liability for the performance of the contract.
The contracting authority can accept annual reports or excerpts hereof or relevant statements from a bank or certified accountant as documentation in relation to the economic and financial standing.
When an economic operator is participating in the procurement procedure together with others or when an economic operator relies on the economic and financial standing of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary economic and financial standing. The statements of support must establish a legal obligation for the party concerned and state that the involved economic operators or entities are subject to joint and several liability for the performance of the contract.
Economic operators are encouraged to submit all necessary documentation as early as possible.
The economic operator is required to have an average yearly turnover of minimum DKK 35,000,000.00 for the last 2 financial years available.
When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.
In Part IV.C of the ESPD, the economic operator must fill in a list of maximum 5 contracts entered into, ongoing or finalized within the last 3 years.
The number of performed contracts is determined based on all submitted ESPDs (i.e. from all involved economic operators in a group of economic operators and/or other supporting entities).
If an economic operator has listed more than 5 contracts, the contracting authority will only read and assess the 5 most recent contracts listed (first based on end date, and then based on start date).
Each listed contract should include the following information:
(1) a description of the contract (nature and quantity of services from the economic operator and how they compare to the description of this procurement),
(2) amount (remuneration received by the economic operator for the performance of the services),
(3) start date (date of conclusion of the contract),
(4) end date (date of completion of services), and
(5) recipient (name and contact information).
If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.
When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the technical and professional abilities of other entities, the specific parts of the contract must be performed by the economic operators or entities with the required technical and professional abilities.
When an economic operator is formed by a group of economic operators or relies on the technical and professional abilities of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary technical and professional abilities. The statements of support must establish a legal obligation for the party concerned and state the parts of the contract to be performed by the party concerned.
The contracting authority reserves the right to contact the recipients of services or require statements from the recipients, confirming that the economic operator has performed the listed contracts, as documentation in relation to the technical and professional ability.
Economic operators are encouraged to submit all necessary documentation as early as possible.
The economic operator is required to have performed (entered into, ongoing or finalized) minimum one (1) contract within the field of recruitment services within the last 3 years.
When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.
The winning tenderer is to perform the contract in compliance with the Danida Anti-Corruption Policy and the principles of the UN Global Compact.
Economic operators can find more information on:
http://um.dk/en/danida-en/about-danida/Danida-transparency/anti-corruption/
https://www.unglobalcompact.org/what-is-gc/mission/principles
Section IV: Procedure
Section VI: Complementary information
The tender procedure is governed by Danish law and the rules applicable hereunder.
An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/54435/the-public-procurement-act.pdf
Access to the procurement procedure requires online registration.
Guidance (in Danish and English) on the use of the tendering system can be found at: https://mercell.atlassian.net/servicedesk/customer/portal/3/article/177996038?src=1869524006
Local time in section IV is according to Central European Time (CET) in Denmark.
Economic operators may only submit one application or tender.
Economic operators must submit a European Single Procurement Document (ESPD) as preliminary evidence that the economic operator is not subject to exclusion grounds and that the economic operator fulfils the requirements for economic and financial standing and technical and professional ability.
When the economic operator is participating together with others or if the economic operator relies on the capacity of other entities, each participating economic operator must provide a separate ESPD.
In the tender, economic operators must submit a completed and signed statement regarding Article 5k(1) of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, as amended by Council Regulation (EU) No 2022/1269 of 21 July 2022. The contract cannot be awarded to a tenderer subject to Article 5k(1) of Council Regulation (EU) No 833/2014 of 31 July 2014, as amended by Council Regulation (EU) No 2022/1269 of 21 July 2022.
Before the time limit for receipt of tenders, the candidates, which the contracting authority has invited to tender, must present documentation of the information provided in the ESPD.
If an economic operator is entered on an official list of approved economic operators or has an equivalent certificate (e.g. under a national (pre)qualification system), the economic operator may refer to the list in question or present a certificate issued by the competent authority instead of documentation of the information provided in the ESPD.
When an economic operator is participating in the procurement procedure together with others, the economic operator must present a joint statement from all the participating economic operators which identifies the member of the group who can act as an agent on behalf of the group with mandate to establish a legal obligation on behalf of the group in relation to the contracting authority.
Prior to the signing of the contract, the tenderer, which the contracting authority has awarded the contract to, must present statements of availability from all non-permanent staff (e.g. project specific consultants or freelance consultants).
This contract has not been divided into lots, cf. section II.1.6), due to economies of scale, minimization of administration and necessary coordination.
Economic operators will not receive remuneration for their participation in the procedure.
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Actions regarding requests to participate and selection must be submitted within 20 calendar days from the day after the contracting authority has notified the economic operators of the decisions regarding selection.
Other actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within 45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU.
Complaint guidelines (in English) can be found at: https://naevneneshus.dk/media/9802/complaint-guidelines.pdf
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk