Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/cd9ed459-8e6f-458b-a1fb-0b06b6d63653/homepage

Mobile fire extinguishers

The Danish Defense is tendering a framework agreement for mobile fire extinguishers (MFE). The primary purpose is to put out fires in engines and electrical installations on different types of aircraft including propeller aircraft, jet aircraft, transport aircraft, fighter aircraft and helicopters when not in air.

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The scope is three types of MFE. These shall consist of: CO2, Powder and Foam. The Danish Defense will provide service and filling of the CO2 MFE, by which spare parts and accessories for this fire extinguisher is a necessity. For used Powder and Foam fire extinguishers it shall be possible to replace them with new ones when needed.

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There will be an initial purchase of 60 CO2 fire extinguishers which shall be delivered FCA at latest 6.1.2018. Furthermore 180 CO2, 125 Foam and 10 Powder MFE are to be delivered within maximum 125 days after signing the agreement. Be aware that delivery of 60 CO2 fire extinguishers requires a signed agreement at latest 5.1.2018.

Please see section II.1.4).

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.

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.

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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.

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.

Denmark.

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 tenderers and, if relevant, the participants in the group of 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, and if relevant, the participants in the group of entities, 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 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.

If the same legal entity is a part of or in any other way participates in several offers, e.g. submits his own offer and at the same time participates in a consortium which also submits an offer, the tenderers shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their offers. DALO reserves the right to request the tenderers 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 the remedies provided for in Section 159(5) of the the Danish Act on Public Procurement (act nº 1564 of 15.12.2015 – available at www.retsinformation.dk) if applications or offers do not fulfil the formalities of the tender documents.

Internet address:https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

Pursuant to Section 3 of the Danish Consolidation Act nº 593 of 2.6.2016 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 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 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) 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:www.kfst.dk