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Main address: http://permalink.mercell.com/69408484.aspx

Acquisition of two Hydrographic Survey Vessels.

This tender procedure concerns the award of a contract regarding two (2) new fully equipped Hydrographic Survey Vessels (work boats), including initial spare part packages and training, for operation in the waters of Denmark. The acquisition shall further include storage and lifting equipment for the Hydrographic Survey Vessels. The Hydrographic Survey Vessels and equipment, shall be delivered full operative in Copenhagen, Denmark.

The operation season for the Hydrographic Survey Vessels is March to October.

For further information see section II.2.4.

Tender is handled by Mercell Sourcing Services, use http://permalink.mercell.com/69408484.aspx

The Hydrographic Survey Vessels are expected to operate the Danish waters and fjords. Focus in the operation will be hydrographic survey in very shallow waters, inlets etc. The operation season for the Hydrographic Survey Vessels is March to October.

Wind and weather conditions for the operation area is normally fair, but the wind can rise to up to 20 m/s with a significant wave height of up to 2 meter. Temperature in the season will normally be between 0°C to 25°C, but can occasionally be as low as minus 5°C.

When the Hydrographic Survey Vessels are not in operation, the Hydrographic Survey Vessels will mainly be stored outside in harbor or on land in cradle.

Delivery of a fully equipped Vessel is expected to consists of:

— Storage cradles,

— Lifting appliances,

— Spare Part (Initial Spare Part Package),

— Education / training,

— Documents and certificates.

The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.4), section II.2.4) and section III.1.3), in terms of the nature and quantity of the previous deliveries, and in terms of suitable production facilities as described in section III.1.3). The evaluation will be based on the list submitted by the candidates in the European Single Procurement Document (eESPD) and Enclosure A according to section III.1.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.

DALO has decided not to divide the Contract into lots due to the limited number of vessels and that a division of the contract would undermine the economies of scale obtainable by procuring one contract.

The candidate must use the European Single Procurement Document (hereafter ESPD — electronic version eESPD) and provide the following information in the eESPD:

Its general yearly turnover for the last 3 financial years to the extent such information is available, cf. Part IV, section B.

Its equity ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available, cf. Part IV, section B.

Upon request from DALO the tenderer must submit the following documentation:

Annual reports or excerpts hereof or other documentation stating the candidate's general yearly turnover for the last 3 financial years if publication of annual reports is required under the law of the country in which the candidate is established, and 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 candidate relies on the economic and financial standing of another entity or entities (eg. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Annual reports or excerpts hereof or other documentation stating the candidate's equity ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the last 3 financial years, 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 candidate relies on the economic and financial standing of another entity or entities (eg. 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 candidate presents the above mentioned 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 candidate may rely on the economic and financial standing of other entities (eg. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an eESPD from the entity or entities on which the candidate relies is submitted along with the candidates own eESPD. The entity or entities' eESPD must equally provide the information listed above.

The candidate must have had a general yearly turnover of at least 3 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.

If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turnover is calculated as the sum of all the participants' general yearly turnover in each of the last 3 financial years available.

If the candidate relies on the economic and financial standing of an entity or entities, the general yearly turnover will be calculated as the sum of the candidate's general yearly turnover and the entity or entities' general yearly turnover in each of the last 3 financial years available.

The candidate must have had a positiv equity ratio for each the last 3 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100).

If the candidate 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 each of the last 3 financial years available.

If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate's and the entity or entities' equity with the sum of the candidate's and the entity or entities' total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.

The candidate must use the European Single Procurement Document (hereafter ESPD — electronic version eESPD) and provide the following information in the eESPD:

A list of the most important similar deliveries (references), cf. section II.1.4) and II.2.4), carried out within the past 10 (ten) years, prior to the deadline for the request to participate, cf. Part IV, section C.

The list should preferably include a short description of each delivery. The description should include a clear indication of which specific parts of the deliveries that are similar to the supplies as described in section II.1.4) and II.2.4), The description should also include a description of the candidates participation/role in the performance of the deliveries. The description should contain information on the date of the deliveries, the size and value of the deliveries, the recipients of the deliveries (specific names/countries are preferred, but not necessary; if no country specific information is included, the candidate is asked to provide as much generic information as possible about the delivery). When specifying the date for the deliveries, the candidate 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.

Similar deliveries are defined as workboats that has been designed, built and put into operation within the last 10 years, and operated successfully for minimum 6 months within the last 5 years.

The references shall be provided by completing the eESPD Part IV.C and optionally Enclosure A in the tender material. The candidate can choose to (optional) collect all the references and information in Enclosure A in order to make it easier for DALO to review the relevance of the references on specific parameters as specified in the Contract Notice. This does not relieve the candidate from completing an ESPD and the candidate shall also provide information on the references in its ESPD.

Please be very clear when submitting references. List the references in Enclosure A in the same order as in the ESPD. Any ambiguities will be at the candidate's own risk.

Furthermore the candidate should in the ESPD provide DALO with a description and/or illustration of the candidate's producion facilities. Production facilities is defined as: Production facilities suitable for purpose of production and delivery of work boats. The candidate should describe and/or illustrate the following: Facilities for storing and handling of materials and equipment, Production workshops, Assembly areas, Test facilities and Design capacity.

Only the deliveries (references) performed at the time of the deadline for the request to participate will be con-sidered 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 performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery.

A candidate may rely on the technical and professional capacity of other entities (eg. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an eESPD from the entity or entities on which the candidate relies is submitted along with the candidates own eESPD. The entity or entities' eESPD must equally provide the information listed above.

For further information see the ‘additional information’ document available at the URL address in section I.3).

The candidate must demonstrate experience with as a minimum 1 similar delivery within the past 10 (ten) years, prior to the deadline for the request to participate.

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 regaring 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.

Candidates should note that the Contract includes a labour clause cf. clause 10.4.

DALO demands that the candidate and each of the legal entities whose capacities the candidate relies on undertake joint and several liability for the performance of the contract.

The use of the eESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the candidate apply the eESPD as preliminary evidence that the candidate is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2) and III.1.3), and how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. section II.2.9).

The candidates and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD (eESPD). DALO has prepared an eESPD (an XML-file) available at Mercell. DALO strongly encourages the candidate to use this XML-file when completing the eESPD. The candidate must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the eESPD can be completed and later exported. No other versions than the eEPSD mustbe used.

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 eESPD, cf. §§ 151-155 of the said Act. If a candidate relies on the capacity of other entities, cf. section III.1.2 and III.1.3, the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot consider the economic and financial standing and/or the technical and professional capacity of the other entity or entities. DALO has prepared a template to be used to confirm the legal obligation which is available at Mercell. DALO strongly encourages the candidates to use this form. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements

DALO shall exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the candidate has provided sufficient documentation that the candidate 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.

For further information see the ‘additional information’ document available at the URL address in section I.3).

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

Pursuant to Section 3 of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement with subsequent amendments (available at www.retsinformation.dk ), the following time limits for filing a complaint apply:

Complaints regarding a candidate not being prequalified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 171(2) or § 7(1) of the said Act, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must 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 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) of the said Act.

The e-mail 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