Fakta om udbudet
EU-nr
2018/S 012-024440
Offentliggjort
18.01.2018
Udbudstype
Udbud efter forhandling
Udbyder
Danish Defence Acquisition and Logistics Organization
Civil engineering consultancy services
Danish Defence Acquisition and Logistics Organization
Contract notice
Services
Directive 2009/81/EC
Section I: Contracting authority/entity
I.1) Name, addresses and contact point(s)
Danish Defence Acquisition and Logistics Organization
Lautrupbjerg 1-5
Contact point(s): Kammeradvokaten
For the attention of: Mai Nilausen
2750 Ballerup
Denmark
E-mail: nila@kammeradvokaten.dk
Internet address(es):
General address of the contracting authority/entity: http://www.fmi.dk
Address of the buyer profile: http://eu.eu-supply.com/ctm/Supplier/CompanyInformation/Index/281402
Electronic access to information: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=191211&B=KA
Electronic submission of tenders and requests to participate: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=191211&B=KA
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
I.2) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3) Main activity
Defence
I.4) Contract award on behalf of other contracting authorities/entities
The contracting authority is purchasing on behalf of other contracting authorities: no
Section II: Object of the contract
II.1) Description
II.1.1) Title attributed to the contract by the contracting authority:
Integration and Installation of Command Support Systems in the Danish Army
II.1.2) Type of contract and location of works, place of delivery or of performance
Services
Service category No 13: Computer and related services
Service category No 13: Computer and related services
NUTS code DK
II.1.3) Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4) Information on framework agreement
Framework agreement with a single operator
Frequency and value of the contracts to be awarded: DALO expects 2 consultants to be available for the project 37 hours per week for the entire duration of the contract.
Candidates should note that in accordance with Clause 5.2, services provided will be settled on the basis of time spent.
Consultants should expect to work both in DALO‘s premises in Ballerup and at their own home office, but project-related travel activity to other DALO locations in Denmark should be expected approximately 6 days per month. Working from home office necessitates a secured locker in which DALO computer can be stored when not in use. The locker shall be approved by DALO security officer.
Duration of the framework agreement
Duration in years: 2Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT: 10 000 000 DKKFrequency and value of the contracts to be awarded: DALO expects 2 consultants to be available for the project 37 hours per week for the entire duration of the contract.
Candidates should note that in accordance with Clause 5.2, services provided will be settled on the basis of time spent.
Consultants should expect to work both in DALO‘s premises in Ballerup and at their own home office, but project-related travel activity to other DALO locations in Denmark should be expected approximately 6 days per month. Working from home office necessitates a secured locker in which DALO computer can be stored when not in use. The locker shall be approved by DALO security officer.
II.1.5) Short description of the contract or purchase(s):
The Danish Defence Acquisition and Logistics Organization (DALO) is implementing the Army Tactical Communication Network (ATCN) into a range of vehicles and platforms operated by the Danish Army. This tender pertains to a framework agreement regarding engineering and technical support for implementing the ATCN in the form of gathering end-user experiences, evaluating methods of integration (including estimating the necessary cable work), coding and implementation of software, drawing cables, testing solution viability, and documenting the work performed in a format which can be used for both maintenance and training purposes.
Candidates should note that the completion of the work described above requires the successful tender to enter into a cooperation agreement with Systematic regarding the integration of Systematic software into the new ACTN solution. This cooperation agreement will be supplemented by a three-party NDA between the winning tenderer, DALO, and Systematic. Candidates should note that it will be a contractual requirement that the winning tenderer must offer an on-demand guarantee of DKK 1 million to Systematic for the coverage of potential payment of liquidated damages in case of breach of the secrecy obligations.
The guarantee will be returned to the tenderer after completion of the work involving Systematic’s Sitaware software packages under the agreement. Please see Section IV.1.2) of this Contract Notice for further information.
Candidates should further note that the project is currently ongoing within DALO, and consultants who have not previously been involved with the project are therefore expected to go through a transition period of maximum 3 months in order to attain the necessary background knowledge and project specific technical capacities.
Candidates should note that consultants will not be remunerated in the transition period, and expenses regarding diets and transportation will not be reimbursed during the transition period. The framework agreement will contain an opt-out clause in case of DALO after a transition period of three months deems that the consultants are unable to work at the required standard while unsupervised.
The work performed by the consultants entails giving advice on the best possible integration of different existing products and software within the Danish Defence into the vehicles and platforms as well as strategic advisory services regarding the future development of products, software, and the integration solution itself. Since the consultants in this capacity will be trusted advisers to the Danish Defence with respect to the design of future procurements to the communication systems, vehicles etc., no consultant may be in a position throughout the duration of this framework agreement to recommend or include products or software packages in any recommendation, in which the consultant may have vested interests.
Furthermore, DALO does not consider it feasible for DALO to identify situations in which DALO must seek advice from alternative sources in order to address a potential conflict of interest for the consultants. Therefore, in order to mitigate the risk of conflicts of interests between DALO and the winning tenderer, DALO has deemed it necessary to consider only candidates who have not delivered the products, which are currently subject to the integration work and advisory services.
The framework agreement will equally contain regulation, which restricts the successful tenderer from being in a similar conflict of interest concerning future deliveries of products and software to be integrated into the vehicles and platforms. This limitation will be applicable throughout the duration of this framework agreement.
Candidates should note that they must hold a facility security clearance at the level of NATO - Restricted (or Danish level “Til Tjenestebrug”) or higher at the time of expiry of the deadline for prequalification application, cf. clause III.1.5) of this Contract Notice. Also, key personnel must have obtained a personal level security clearance no later than the time of expiry of the deadline for tender. Please also see clause VI.3) of this Contract Notice regarding personal level security clearances.
It should be noted that the Framework agreement contains a minimum requirement pertaining to Danish language competency of the consultants, cf. Appendix A.
Candidates should note that the completion of the work described above requires the successful tender to enter into a cooperation agreement with Systematic regarding the integration of Systematic software into the new ACTN solution. This cooperation agreement will be supplemented by a three-party NDA between the winning tenderer, DALO, and Systematic. Candidates should note that it will be a contractual requirement that the winning tenderer must offer an on-demand guarantee of DKK 1 million to Systematic for the coverage of potential payment of liquidated damages in case of breach of the secrecy obligations.
The guarantee will be returned to the tenderer after completion of the work involving Systematic’s Sitaware software packages under the agreement. Please see Section IV.1.2) of this Contract Notice for further information.
Candidates should further note that the project is currently ongoing within DALO, and consultants who have not previously been involved with the project are therefore expected to go through a transition period of maximum 3 months in order to attain the necessary background knowledge and project specific technical capacities.
Candidates should note that consultants will not be remunerated in the transition period, and expenses regarding diets and transportation will not be reimbursed during the transition period. The framework agreement will contain an opt-out clause in case of DALO after a transition period of three months deems that the consultants are unable to work at the required standard while unsupervised.
The work performed by the consultants entails giving advice on the best possible integration of different existing products and software within the Danish Defence into the vehicles and platforms as well as strategic advisory services regarding the future development of products, software, and the integration solution itself. Since the consultants in this capacity will be trusted advisers to the Danish Defence with respect to the design of future procurements to the communication systems, vehicles etc., no consultant may be in a position throughout the duration of this framework agreement to recommend or include products or software packages in any recommendation, in which the consultant may have vested interests.
Furthermore, DALO does not consider it feasible for DALO to identify situations in which DALO must seek advice from alternative sources in order to address a potential conflict of interest for the consultants. Therefore, in order to mitigate the risk of conflicts of interests between DALO and the winning tenderer, DALO has deemed it necessary to consider only candidates who have not delivered the products, which are currently subject to the integration work and advisory services.
The framework agreement will equally contain regulation, which restricts the successful tenderer from being in a similar conflict of interest concerning future deliveries of products and software to be integrated into the vehicles and platforms. This limitation will be applicable throughout the duration of this framework agreement.
Candidates should note that they must hold a facility security clearance at the level of NATO - Restricted (or Danish level “Til Tjenestebrug”) or higher at the time of expiry of the deadline for prequalification application, cf. clause III.1.5) of this Contract Notice. Also, key personnel must have obtained a personal level security clearance no later than the time of expiry of the deadline for tender. Please also see clause VI.3) of this Contract Notice regarding personal level security clearances.
It should be noted that the Framework agreement contains a minimum requirement pertaining to Danish language competency of the consultants, cf. Appendix A.
II.1.6) Common procurement vocabulary (CPV)
71311000, 32412000, 32415000, 32418000, 32420000, 32520000, 71220000, 71300000, 71316000, 71320000, 71600000, 71621000, 72000000, 72227000, 72228000, 72230000, 72231000, 72246000, 73430000, 73433000, 32421000
II.1.7) Information about subcontracting
II.1.8) Lots
This contract is divided into lots: no
II.1.9) Information about variants
Variants will be accepted: no
II.2) Quantity or scope of the contract
II.2.1) Total quantity or scope:
The framework agreement is subject to 1 possible renewal, cf. clause II.2.3) of this Contract Notice. If the renewal option is exercised, the total scope of the agreement will be 3 years.
Estimated value excluding VAT: 15 000 000 DKK
Estimated value excluding VAT: 15 000 000 DKK
II.2.2) Information about options
Options: no
II.2.3) Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 12 (from the award of the contract)
Number of possible renewals: 1
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 12 (from the award of the contract)
II.3) Duration of the contract or time limit for completion
Section III: Legal, economic, financial and technical information
III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required:
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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 invoicing to be done electronically.
Exact terms will be stated in the contract.
Exact terms will be stated in the contract.
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants are required to undertake joint and several liabilities and to appoint one supplier to represent the group.
III.1.4) Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:
The framework agreement must be conducted in consideration of social responsibility and it contains a labor clause, please see Appendix B for further information.
III.1.5) Information about security clearance:
Candidates which do not yet hold security clearance may obtain such clearance until: 16.2.2018
III.2) Conditions for participation
III.2.1) Personal situation
A template for the declaration will be provided with the tender documents, and the tenderer is encouraged - but not obliged to use it.
Be advised, that DALO shall exclude a tenderer which has an unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established.
However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on the guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act no. 1564 of 15.12.2015 - The Public Procurement Act.
Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established.A template for the declaration will be provided with the tender documents, and the tenderer is encouraged - but not obliged to use it.
Be advised, that DALO shall exclude a tenderer which has an unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established.
However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on the guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act no. 1564 of 15.12.2015 - The Public Procurement Act.
III.2.2) Economic and financial ability
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 2 financial years, to the extent such information is available.
Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least DKK 15 000 000 in each of the last 2 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.
The candidate must have had an equity ratio of at least 25 percent for each the last 2 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 2 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 2 financial years available.
— if the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last 2 financial years available.
— if the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate’s annual turnover and the entity or entities’ annual turnover in each of the last 2 financial years available.
Please note that a candidate may rely on the economic and financial standing of other entities (e.g. 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.
Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)
Information and formalities necessary for evaluating if the requirements are met: Annual reports or excerpts hereof or other documentation stating the candidate’s annual turnover for the last 2 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.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 2 financial years, to the extent such information is available.
Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least DKK 15 000 000 in each of the last 2 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.
The candidate must have had an equity ratio of at least 25 percent for each the last 2 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 2 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 2 financial years available.
— if the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last 2 financial years available.
— if the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate’s annual turnover and the entity or entities’ annual turnover in each of the last 2 financial years available.
Please note that a candidate may rely on the economic and financial standing of other entities (e.g. 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.
III.2.3) Technical and/or professional capacity
A list of the most important similar deliveries (references), cf. section II.1.5) first paragraph, carried out within the past 5 (five) years prior to the deadline for the request to participate.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the services performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference).
The list should preferably include a short description of each delivery.
— the description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the services, described in section II.1.5.
— the description should also include a description of the candidate’s participation/role in the performance of the deliveries.
— the description should also contain information on the date of the deliveries, the scope 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), and whether the delivery pertains to a military context.
When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. 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.
The list must contain a maximum of 5 previous deliveries, whether the candidate is 1 entity, or, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 5, DALO will only consider the first 5 deliveries on the list. Deliveries beyond that will be disregarded.
Please note that a candidate 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 candidate and the entity or entities on which the candidate relies.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum one similar delivery within the past 5 years prior to the deadline for the request to participate.
Candidates must hold a facility security clearance at the level of NATO - Restricted (or Danish level “Til Tjenestebrug”) or higher at the time of expiry of the deadline for prequalification application, cf. clause III.1.5) of this Contract Notice.
Candidates must be certified according to the ISO standard 9001:2008 regarding quality management or equivalent.
Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)
Information and formalities necessary for evaluating if the requirements are met:A list of the most important similar deliveries (references), cf. section II.1.5) first paragraph, carried out within the past 5 (five) years prior to the deadline for the request to participate.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the services performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference).
The list should preferably include a short description of each delivery.
— the description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the services, described in section II.1.5.
— the description should also include a description of the candidate’s participation/role in the performance of the deliveries.
— the description should also contain information on the date of the deliveries, the scope 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), and whether the delivery pertains to a military context.
When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. 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.
The list must contain a maximum of 5 previous deliveries, whether the candidate is 1 entity, or, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 5, DALO will only consider the first 5 deliveries on the list. Deliveries beyond that will be disregarded.
Please note that a candidate 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 candidate and the entity or entities on which the candidate relies.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum one similar delivery within the past 5 years prior to the deadline for the request to participate.
Candidates must hold a facility security clearance at the level of NATO - Restricted (or Danish level “Til Tjenestebrug”) or higher at the time of expiry of the deadline for prequalification application, cf. clause III.1.5) of this Contract Notice.
Candidates must be certified according to the ISO standard 9001:2008 regarding quality management or equivalent.
III.2.4) Information about reserved contracts
III.3) Conditions specific to services contracts
III.3.1) Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2) Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes
Section IV: Procedure
IV.1) Type of procedure
IV.1.1) Type of procedure
Negotiated
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 3
Objective criteria for choosing the limited number of candidates: 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.1.5) above, in terms of the nature and quantity of the previous deliveries. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3).
Candidates should note that it will be considered positive if references pertain to experience with integration work in a military context. Furthermore, it will be considered positive if the recipient is a NATO member state.
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.
Successful candidates should note that they will be asked to sign the 3-party NDA, cf. Section II.1.5) of this Contract Notice prior to receiving the tender material. The NDA will be made available to the successful candidates.
Objective criteria for choosing the limited number of candidates: 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.1.5) above, in terms of the nature and quantity of the previous deliveries. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3).
Candidates should note that it will be considered positive if references pertain to experience with integration work in a military context. Furthermore, it will be considered positive if the recipient is a NATO member state.
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.
Successful candidates should note that they will be asked to sign the 3-party NDA, cf. Section II.1.5) of this Contract Notice prior to receiving the tender material. The NDA will be made available to the successful candidates.
IV.1.3) Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2) Award criteria
IV.2.1) Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2) Information about electronic auction
An electronic auction has been used: no
IV.3) Administrative information
IV.3.1) File reference number attributed by the contracting authority:
IV.3.2) Previous publication(s) concerning the same contract
no
IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4) Time limit for receipt of tenders or requests to participate
16.2.2018 - 09:00
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up
Danish. English.
Section VI: Complementary information
VI.1) Information about recurrence
This is a recurrent procurement: no
VI.2) Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3) Additional information:
This tender is conducted according to the negotiated procedure, cf. Directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers.
Tenderers are expressly made aware that DALO reserves the right to regard the INDO as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, i.e. without conducting any negotiations.
Please note, that each candidate can only submit one request for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers.
DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
DALO reserves the right - but is not obliged to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfill the formalities of the tender documents.
Candidates are asked to submit their request to participate via the permalink stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms, and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfills the requirements.
The questionnaire is available via the permalink stated in section I.1) above.
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.
DALO demands that any person taking part in the performance of the framework agreement must possess the appropriate personnel security clearance at the level required by DALO. The security clearance must be maintained throughout the term of the framework agreement. DALO requires key personnel to maintain a personal security clearance of at the level of NATO Confidential (or Danish “fortrolig”). Further information pertaining to security clearances will be made available to Tenderers in Appendices 3(A) and 3(B).
Tenderers are expressly made aware that DALO reserves the right to regard the INDO as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, i.e. without conducting any negotiations.
Please note, that each candidate can only submit one request for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers.
DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
DALO reserves the right - but is not obliged to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfill the formalities of the tender documents.
Candidates are asked to submit their request to participate via the permalink stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms, and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfills the requirements.
The questionnaire is available via the permalink stated in section I.1) above.
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.
DALO demands that any person taking part in the performance of the framework agreement must possess the appropriate personnel security clearance at the level required by DALO. The security clearance must be maintained throughout the term of the framework agreement. DALO requires key personnel to maintain a personal security clearance of at the level of NATO Confidential (or Danish “fortrolig”). Further information pertaining to security clearances will be made available to Tenderers in Appendices 3(A) and 3(B).
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures
Klagenævnet for Udbud
Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: http://www.klfu.dk
VI.4.2) Lodging of appeals
Other complaints 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 the notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision.
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.
Precise information on deadline(s) for lodging appeals: 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 a candidate not being pre-qualified 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. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.Other complaints 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 the notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, 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. the principle in § 185(2) of the Public Procurement Act (act no. 1564 of 15.12.2015 – available at www.retsinformation.dk).
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.
VI.4.3) Service from which information about the lodging of appeals may be obtained
Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://kfst.dk
VI.5) Date of dispatch of this notice:
16.1.2018