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Main address: http://forsvaret.dk/fmi

Framework agreement regarding supply of tractors for coastal rescue service

Through a Framework Agreement the Danish Defence Acquisition and Logistics Organization (DALO) intends to purchase 2 types of tractors to be used at the Danish Coastal Rescue Service Stations.

One type (category 1) is designated to be operating at Noerre Vorupoer and Thorup Strand, while the other type (category 2) is designated to be operating at the Danish island, Fanoe.

DALO is obliged to purchase a minimum of 3 tractors under the agreement, 2 Type 1 tractors and 1 Type 2 tractor.

Denmark.

Through a Framework Agreement the Danish Defence Acquisition and Logistics Organization (DALO) intends to purchase 2 types of tractors to be used at the Danish Coastal Rescue Service Stations. The agreement will also include service and maintenance.

Type 1 will be operating at Noerre Vorupoer and Thorup Strand. The tractor must fulfil a number of requirements, amongst others the following: the engine has to have a minimum of 250 hp., the height of the tractor must not be more than a maximum of 3,5 meters, the dimensions of the tires must be at least 480 mm (front)/550 mm (rear) wide.

Type 2 will be operating at the Danish island, Fanoe. DALO intends to rebuild this type of tractor with special navigation and communication equipment (GFE) from other suppliers. The tractor must fulfil a number of requirements, amongst others the following: the engine has to have a minimum af 115 hp., the height of the tractor must not be more than a maximum of 2,9 meters, the dimensions of the tires must be at least 300 mm (front)/400 mm (rear) wide.

Both tractors must be equipped with 4WD agricultural tires and both tractors must be able to drive in sand, salt water and on paved roads under harsh weather conditions. Furthermore, both tractors must be in a condition that qualifies under Danish national road and traffic laws. For further information, please see Appendix A.A and A.B.

DALO is obliged to purchase a minimum of 3 tractors under the agreement, 2 Type 1 tractors and 1 Type 2 tractor.

The Framework Agreement is not divided into lots on the grounds, that a division of the agreement would undermine the economies of scale obtainable by procuring 1 agreement, that a division of the contract would unduly increase the cost of the procurement procedure and that a division of the contract would entail disproportionate costs due to subsequent contract administration.

The tenderer must submit the European Single Procurement Document (“ESPD”) with the following information:

Annual reports or excerpts hereof or other documentation stating the tenderer’s equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last financial year, 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.

Please note that a tenderer may rely on the economic and financial standing 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 candidate / 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 must have had an equity ratio of at least 10 per cent for the latest financial year available. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100).

If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity / sum of total assets x 100) in the latest financial year available.

If the tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’s and the entity or entities’ total assets (sum of equity / sum of total assets x 100) in the latest financial year available.

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), carried out within the past 3 (three) years, prior to the deadline for the submission of the offer, cf. Part IV, Section C.

The list should preferably include a short description of each delivery. The description should include an indication of hp of the tractors delivered. The description should contain information on the date of the deliveries and the quantity of tractors. 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 submission of the offer will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. Section II.2.9). If the delivery in question is ongoing, it is only the part of the supplies carried out within the past 3 (three) years and completed at the time of the deadline for the submission of the offer which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been carried out within the past 3 (three) years, or if a part of the supplies has not been completed at the time of the deadline for the submission of the offer, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the tenderer clearly states which part (e.g. with regards to size, value, quantity or volume etc.) of an ongoing delivery (reference) that has been carried out within the past 3 (three) years.

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, 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.

The tenderer must demonstrate experience with deliveries of a minimum of 15 (fifteen) tractors between 115 hp and 400 hp within the past 3 (three) years, prior to the deadline for the submission of the offer. At least 3 (three) of the deliveries must concern tractors within the interval between 115 hp and 160 hp, and — correspondingly — at least 3 (three) of the deliveries must concern tractors within the interval between 250 hp and 400 hp.

If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.

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 to appoint one supplier to represent the group.

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

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the Contracting Authority, see the address set out in Section I.3). The tendering procedure is accessed under the tab “Ongoing public procedures”. For access to the tender documents, the tenderer must be registered or register as a user.

If the tender 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 be through the electronic tendering system. Questions must be submitted not later than 20.8.2018. Questions asked after this date will be answered if they are received in time for the Contracting Authority to provide the information required and communicate the answers not later than six days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered.

Interested operators are requested to keep updated via the electronic tendering system. If the [candidate / tenderer] encounters problems with the system, please contact support by email, dksupport@eu-supply.com or telephone (+45) 70 20 80 14

The tenderer must submit as its application an ESPD as preliminary documentation of the circumstances set out in Section 148(1)(i-iii) of the Danish Public Procurement Act (udbudsloven). For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. If the tenderer relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the tenderer relies.

The tenderer will be excluded from participation in the tender procedure if the tenderer is subject to the compulsory grounds for exclusion set out in Sections 135 and 136 of the Danish Public Procurement Act, unless the tenderer has submitted sufficient documentation of its reliability in accordance with Section 138 of the Danish Public Procurement Act.

Before the decision to award the contract is made, the tenderer to whom the Contracting Authority 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.

Additional information:

As regards Section II.2.6), it should be noted that the amount is an estimate of the expected contract price for the entire duration of the contract.

An information meeting will be held on 9.8.2018 between 10-12 am at the premises of DALO (Lautrupbjerg 1, 2750 Ballerup). For practical reasons, operators interested in participating in the meeting are asked to sign up via the electronic tendering system not later than 3 days before the meeting with indication of name of business and number of participants. The Contracting Authority may reduce the number of participants per business. The Contracting Authority will draw up concise minutes of the information meeting via the electronic tendering system referred to in Section I.3 which will be communicated to all tenderers participating in the tender via the electronic tendering system.

The Contracting Authority may use the procedure of Section 159(5) of the Danish Public Procurement Act in the event that tenders do not comply with the formal requirements of the procurement documents.

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

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 standstill period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill 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 email 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.

Internet address: http://www.kfst.dk