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https://www.ethics.dk/ethics/eo#/d5b7759e-4aee-4740-96c0-5930025649e0/publicMaterial
Udbyder
Danish Defence Acquisition and Logistics Organization
Vindere
(21.01.2022)
Bay Kompressor ApS
Copenhagen
Service, maintenance and spare parts to high pressure breathing air compressor systems
Danish Defence Acquisition and Logistics Organization
Contract notice
Supplies
Section I: Contracting authority
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK Danmark
Postal code: 2750
Country: Denmark
Contact person: Mads Gøtke
E-mail: FMI-SD-AAM06@mil.dk
Telephone: +45 72814000
Internet address(es):
Main address: www.fmi.dk
Section II: Object
Service, maintenance and spare parts to high pressure breathing air compressor systems
The Danish Ministry of Defence Acquisition and Logistics Organisation (Hereafter; DALO) has installed compressor systems from BAUER Compressors Inc. on vessels and facilities. DALO have approximately 80 BAUER Compressors. The compressors are purchased over the last 45 years and hence there are a large number of different models and each model exist in a broad range of capacities and model years.
In order to maintain the compressors, DALO requires service, maintenance and spare parts to the Bauer compressors as well as the possibility to acquire new compressor systems in case of malfunctions, end-of-life or accidental destructions.
The tender concerns the following in order to maintain the functionality of the compressors and auxiliary equipment:
- Ad hoc service
- Planned maintenance services
- Training courses
- Spare parts
- Replacement compressors
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The Services will primarily be performed in Denmark, but service can also be expected to be done beyond the Danish borders.
The purpose of having High Pressure Breathing Air Ccompressors (HPBAC) within the Danish Defence and the Danish Emergency Management Agency (DEMA) is to supply SCUBA and SCBA equipment with high quality compressed air for breathing. Currently the HPBAC are either mobile or stationary filling stations for SCUBA and SCBA bottles. These are typically located on naval ships, at diving centers, at diving workshops and at DEMA centers. The mobile units are typically able to deliver 100-450 ltr./min of free air (F.A.D.) while the stationary filling stations have a capacity of 200-1500 ltr./min FAD.
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The majority of HPBAC within the Danish Defence and DEMA shall be ready at moment’s notice for emergencies onboard naval vessel, diving accidents, chemical spills or plantation/forest fires.
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DALO plans to host a clarification meeting on the 22nd of September, cf. Instructions to Tenderers section 4.2, where DALO will guide tenderers on how to submit an offer.
The framework agreement is not divided into lots on the grounds that a division of the contract would unduly increase the cost of the procurement procedure.
The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.
Section III: Legal, economic, financial and technical information
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Reference is made to the procurement 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.
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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.
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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.
Section IV: Procedure
Section VI: Complementary information
Year 2025
Regarding section II.1.5): The estimated value of the framework agreement is 7-9 mio. DKK. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreement. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreement at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreement in its duration.
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Regarding Section II.2.14) In addition, a range of municipal fire and rescue services are entitled to use the Agreement for the purchase of products included in the Deliverables on the terms and conditions of the Agreement. Reference is made to Appendix I, in which these entities are listed.
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The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act,
The tenderer and, if relevant, the participants in the group of entities or/and entities on which the tenderer relies on, must use the electronic version of the ESPD available at ETHICS’ web portal. The ESPD shall be fulfilled and submitted at ETHICS’ web portal in accordance with the instructions given by ETHICS. The ESPD document must be signed by the supporting entity. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consurtiums), each participant’s ESPD document must be signed by the participant in question. It is not necessary for the participant submitting the tender to sign his ESPD document.
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Prior to decision on award of the contract, DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act. DALO has prepared a template to be used to confirm the legal obligation which is available at ETHICS. DALO strongly encourages the tenderers to use this form. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements.
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DALO shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.
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/
Pursuant to the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
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 Jour-nal of the European Union. The time limit is calculated from the day after the publication date.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the reasons for the decision.
3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates/tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the reasons for the decision.
4) 20 calendar days starting the day after the contracting authority has published a notice concerning his deci-sion 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 stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1).
Contact information for 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 on the website stated in section VI.4.1).
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