Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/342c4b88-9c7d-4d15-ab6a-2503d138f770/homepage

Tender for Motorcycles for Danida Uganda Country Programme

The Danish Embassy in Kampala wishes to enter into a Framework Agreement for supply of not less than 175 Motorcycles as an initial purchase and an estimated 400 Motorcycles in the agreement period (until 31.12.2022). The Motorcycles will be used for implementation of activities related to projects and programmes supported and financed under Danida in Uganda. Most of these motorcycles are expected to be used on rough and remote roads in Uganda and they should be able to drive on rough and muddy gravel roads.

The customer will be the Royal Danish Embassy in Kampala, and all motorcycles must be duly registered with all taxes paid in the name of the embassy. Recipients of the motorcycles, i.e. those entities receiving and using the motorcycles, are various implementing partners supported by Danida.

Uganda.

The supplier must be able to provide OEM Spare parts or other spare parts approved by the motorcycle manufacturer for the motorcycles in question and must be able to provide access to and deliver services, such as repair and technical support and assistance, of the procured motorcycles throughout the agreement period. It is a requirement that the supplier has authorised and named workshops for the motorcycles in question in all 4 regions of Uganda (Central, Western, Eastern and Northern), and in the following 3 sub-regions; Buganda, West-Nile and Acholi (preferably in Kampala, Arua and Gulu).

Furthermore, the supplier must provide 1 periodical service on all delivered Motorcycles within the warranty period.

See also Section II.1.4)

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 4 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 100 000 DKK 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 provides guarantee of payment of the part of the debt which constitutes 100 000 DKK or more, or where the economic operator has agreed on a repayment scheme with the collection authority and that scheme is observed, cf. Section 135(4).

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 2 years has been subject to any of the exclusion grounds listed in Sections 136(1)(3) and 137(1)(2-3) 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/growth/tools-databases/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 annual reports 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 severable 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 severable 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 5 000 000 DKK based on the last 2 annual reports 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 stating a description of the contract (nature and quantity of supplies and/or services from the economic operator and how they compare to the description of this procurement), amount (contract fee received by the economic operator), start date, end date and recipient (name and contact information).

If an economic operator has listed more than 5 contracts, the Contracting Authority will only read and assess the 5 most recent contracts listed (based on start date).

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.

The Contracting Authority reserves the right to contact the recipients of supplies and 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.

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.

Economic operators are encouraged to submit all necessary documentation as early as possible.

As a minimum requirement the economic operator is required to:

— have performed (entered into, ongoing or finalized) minimum 2 contracts regarding similar deliveries of motorcycles within the last 3 years with a value each of minimum 5 00 000 DKK. Similar deliveries are considered to be delivery of motorcycles of the same nature as described in Appendix 1.

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.

Prior to the signing of the contract, the economic operator must present statements of availability from all non-permanent staff (e.g. project specific consultants or freelance consultants).

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.

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

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/46419/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://www.udbudssystemet.dk/public/instructions/ETHICS.EO.vejledning.pdf

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 minimum 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.

Before the Contracting Authority decides to award the contract, the tenderer, which the Contracting Authority intends to award the contract to, must present documentation of the information provided in the ESPD.

This contract has not been divided into lots, cf. Section II.1.6), due to market and economic considerations.

Economic operators will not receive remuneration for their participation in the procedure.

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,

— 30 calendar days from the day after the Contracting Authority has notified the economic operators that a contract based on a Framework Agreement with reopening of competition has been entered into, or

— 6 months from the day after the Contracting Authority has notified the economic operators of the decisions regarding award of a Framework Agreement.

The complainant must at the same time notify the Contracting Authority that an action has been submitted to the Danish Complaints Board for Public Procurement.

Internet address: www.kfst.dk