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https://www.ethics.dk/ethics/eo#/50dff34b-d96c-4121-a21a-6855bf0c2529/publicMaterial
Udbyder
Danish Defence Acquisition and Logistics Organizations
Acquisition of Parachutist Oxygen Systems
Danish Defence Acquisition and Logistics Organizations
Contract notice
Supplies
Directive 2014/24/EU
Section I: Contracting authority
16-28-71-80
Lautrupbjerg 1-5
Ballerup
2750
Denmark
Contact person: Mads Gøtke
Telephone: +45 72814000
E-mail: fmi-id-sma08@mil.dk
NUTS code: DK
Internet address(es):
Main address: https://www.ethics.dk/ethics/eo#/50dff34b-d96c-4121-a21a-6855bf0c2529/homepage
Section II: Object
Acquisition of Parachutist Oxygen Systems.
The acquisition concerns delivery of Parachutist Oxygen Systems and is intended to be used for high altitude jumping in the Danish Defence.
The Oxygen System is the overall description of the solution sought after by DALO. More specifically, to fulfil the requirements stated in the tendering material, the tender must be able to deliver:
— Oxygen Masks,
— Oxygen Bottles (pre-breathing and bailout),
— Oxygen Console(s),
— Oxygen Booster Pump(s),
— Test Equipment (used for verification of operative performance of the Oxygen System).
A part of the evaluation of the offers consist of a user test scheduled to take place at the premises of SOKOM in Aalborg, Denmark, cf. more specifically in the Instructions to Tenderers part 7.3. It is important that the offered Oxygen Systems are ready for testing at the given dates. DALO expects to make an initial purchases of 7 000 000 - 8 000 000 DKK after commencement.
As part of the first delivery of the Oxygen System, the tender must enable a user course in order to train the parachutists and jump-masters to fully use the oxygen systems. The tender must also in relation to the first delivery enable a technical course that enables the engineers and technicians of the Danish Defence Workshop (FH) to maintain and service the Oxygen System. Please see Appendix A for further details of the education.
The tenderer must, upon request, be able to provide service to the end-users and deliver spare parts and subcomponents to these. The services referred to are both to be performed at the places of the Danish Defence Workshop and at the premises of the Supplier. It is however important to note that it is an optional use of the Supplier by DALO, as DALO also has an in-house capacity performing the services.
The The framework agreement is not divided into lots on the grounds that a division of the contract would undermine the economies of scale obtainable by procuring one contract.
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
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 years, prior to the deadline for submission of the offer, 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 tenderers 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 tenderer is asked to provide as much generic information as possible about the delivery).
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 if the minimum requirement for suitability stated below is fulfilled, 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 submission of the offer which will be included in the assessment of the delivery.
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, 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 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 as a minimum 1 similar delivery to a country from NATO within the past 3 years, prior to the deadline for the submission of the offer.
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 social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.
Section IV: Procedure
Section VI: Complementary information
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, that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.3).
The tenderers and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD. DALO has prepared an ESPD (an XML-file) available at ETHICS. DALO strongly encourages the tenderer to use this XML-file when completing the ESPD. The tenderer must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the ESPD can be completed and later exported. No other versions than the EPSD must be 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 ESPD, cf. §§ 151-155 of the said Act. If a tenderer relies on the capacity of other entities, cf. section III.1.3, the tenderer shall upon request provide statements of support or other documentation proving that the tenderer has access to the necessary technical and professional capacity, and that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DALO cannot consider 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 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.
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 of the European Parliament and of the Council on public procurement have been made compulsory in § 136 of the said Act.
Toldboden 2
Viborg
8800
Denmark
Telephone: +45 72405708
E-mail: klfu@naevneneshus.dk
Internet address:https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
Valby
2500
Denmark
Telephone: +45 41711500
E-mail: kfst@kfst.dk
Internet address:www.kfst.dk
Pursuant to Section 3 of 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 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 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 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.
Carl Jacobsens Vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk
Internet address:www.kfst.dk