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Fakta om udbudet

EU-nr
2022/S 186-526147
Offentliggjort
27.09.2022
Udbudstype
Offentligt udbud

Udbyder

Danish Ministry of Defence Acquisition and Logistics Organisation

Vindere

(25.04.2023)
Norad A/S
Skødstrup

Acquisition and sustainment of mobile Raman spectroscopy instruments


Danish Ministry of Defence Acquisition and Logistics Organisation

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1) Name and addresses
Official name: Danish Ministry of Defence Acquisition and Logistics Organisation
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK0 Danmark
Postal code: 2750
Country: Denmark
Contact person: Rikke Løber-Meincke
E-mail: fmi-sd-alj09@mil.dk
Internet address(es):
Main address: www.fmi.dk
I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/b903c94e-2841-42f3-a445-0550aaf81cf7/publicMaterial
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.ethics.dk/ethics/eo#/b903c94e-2841-42f3-a445-0550aaf81cf7/homepage
Tenders or requests to participate must be submitted to the abovementioned address
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.ethics.dk/ethics/eo#/b903c94e-2841-42f3-a445-0550aaf81cf7/homepage
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Defence

Section II: Object

II.1) Scope of the procurement
II.1.1) Title:

Acquisition and sustainment of mobile Raman spectroscopy instruments

II.1.2) Main CPV code
38000000 Laboratory, optical and precision equipments (excl. glasses)
II.1.3) Type of contract
Supplies
II.1.4) Short description:

This tender concerns the acquisition and sustainment of mobile Raman spectroscopy instruments (in the following Raman instruments) for the Danish Defence and the Danish Emergency Management Agency (DEMA). The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) wishes to enter into a framework agreement that covers both the acquisition of the Raman instruments as well as sustainment of these by delivery of spare parts, consumables and services.

II.1.5) Estimated total value
Value excluding VAT: 5 500 000.00 DKK
II.1.6) Information about lots
This contract is divided into lots: no
II.2) Description
II.2.2) Additional CPV code(s)
38432000 Analysis apparatus
38433000 Spectrometers
35000000 Security, fire-fighting, police and defence equipment
35113200 Nuclear, biological, chemical and radiological protection equipment
II.2.3) Place of performance
NUTS code: DK0 Danmark
II.2.4) Description of the procurement:

The Raman instruments will be used by the Danish Defence and The Danish Emergency Management Agency (DEMA). The Raman instruments will be used to identify a range of different chemical substances and compounds in connection with emergency preparedness. The framework agreement will cover both the acquisition of the Raman instruments and the delivery of spare parts, consumables and services in connection with keeping the instruments operational. The framework agreement regarding the acquisition of the Raman instruments has a duration of 4 (four) years and the sustainment of the instrument (spare parts, consumables and services) has a duration of 10 (ten) years.

II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6) Estimated value
Value excluding VAT: 5 500 000.00 DKK
II.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 120
This contract is subject to renewal: no
II.2.10) Information about variants
Variants will be accepted: no
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information

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

III.1) Conditions for participation
III.1.2) Economic and financial standing
List and brief description of selection criteria:

No selection criteria in this tender

III.1.3) Technical and professional ability
List and brief description of selection criteria:

No selection criteria in this tender

III.2) Conditions related to the contract
III.2.2) Contract performance conditions:

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 agreement 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 contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to appendix B and appendix B.1 in the framework agreement for further information. In the procurement of the framework agreement the risk profile is assessed to the following follow-up action (risk level): C. See section VI.3 for further information.

Section IV: Procedure

IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
In the case of framework agreements, provide justification for any duration exceeding 4 years:

The framework agreement has a duration of 4 years in connection with the acquisition of Raman instruments and a duration of 10 years in connection with the sustainment (spare parts, consumables and services) of the instruments. The longer duration of the service agreement is due to the fact that the instruments are expected to be operational for 10 years.

IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S: 2020/S 102-245496
IV.2.2) Time limit for receipt of tenders or requests to participate
Date: 15/12/2022
Local time: 13:00
IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4) Languages in which tenders or requests to participate may be submitted:
English, Danish
IV.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7) Conditions for opening of tenders
Date: 15/12/2022
Local time: 13:01

Section VI: Complementary information

VI.1) Information about recurrence
This is a recurrent procurement: no
VI.2) Information about electronic workflows
Electronic payment will be used
VI.3) Additional information:

Regarding section IV.2.4) The procurement documents are in English, but tenderers can submit offers in either Danish or English. Questions submitted during the tender procedure shall be in English and DALO will answer in English.

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Regarding section II.1.5) The estimated value of the framework agreement is 5,5 mio. DKK and the maximum value is 9 mio. DKK. The estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration. The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding how extensively the deliverables of the framework agreement will be distributed in the Danish Defence. If decision is made that the deliverables shall be utilized by more groups of personnel than what is actually decided for now, this will lead to a larger expenditure than what is expected at the moment.

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The framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions. Upon submission of an offer the tenderer is asked to sign a self-declaration on compliance with labour clauses, CSR obligations and international sanctions cf. section III.2.2. If the self-declaration is not signed, the tenderer will be excluded from participation in the procurement process.

DALO has uploaded a template (available in the ETHICS web portal) which must be used as a declaration. When associations of several entities (ie. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.

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The tenderer must together with the tender submit an ESPD as preliminary evidence of the circumstances set out in § 148(1) (1-3) of the Public Procurement Act. The tenderer and, if relevant, the participants in the group of entities, 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. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), 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. 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.

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The framework agreement is not divided into lots due to operational needs. A division is not possible, because it is necessary for the Danish Defence to use the same instrument around the organisation and because the instrument and the services are closely connected.

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DALO does not provide remuneration in the tender.

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For further information regarding this procurement, please see the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3).

VI.4) Procedures for review
VI.4.1) Review body
Official name: Klagenævnet for Udbud
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/
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:

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 rea-sons 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.

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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).

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Contact information for The Complaints Board for Public Procurement is stated in section VI.4.1).

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The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the website stated in section VI.4.1).

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
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
VI.5) Date of dispatch of this notice:
22/09/2022
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