Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/cee978d0-a1ea-43ef-b9a9-1f0105f37094/homepage

Service and Maintenance for VTS Storebaelt

The tender regards the award of one contract concerning service and maintenance of the Vessel Traffic Service System (VTS) Storebaelt. The service and maintenance consists of both corrective and preventive maintenance, as well as the establishment of a hotline facility to solve minor problems in the software. Furthermore the supplier shall be able to repair installed parts on the system as well as to assist DALO with other technical assistance related to the VTS.

The VTS Storebaelt system is a mandatory ships reporting system which covers the Great Belt Area connecting east and west Denmark, inclusive the Great Belt Bridge. The VTS Storebael System was established in 1993 and renewed in 2007. The VTS Storebaelt system is to be kept fully functional until a system has been installed within the next 4 years.

The contract concerns the service and maintenance of the VTS Storebaelt system, whereas the supplier shall deliver technical service to the system, including preventive and corrective service in case of failure on parts of the system. Furthermore the supplier shall deliver a Hotline Help Desk to fix minor problems and reportings of failures on the VTS Storebaelt. In case of defects on installed parts of the VTS Storebaelt the supplier shall be able to fix these, or deliver and install a new part. The supplier shall as well be able to support DALO with an on-site technician in case DALO wishes to e.g. perform tests on the system or the Danish Defence requires a new radar installed as a substitution of an existing in the Great Belt area, and this new radar has to be interfaced and aligned to the VTS Storebaelt system. DALO has the right to order this technical assistance service for up to 100 days in the duration period of the contract.

As a rule it is not anticipated that the supplier shall perform any developments or changes to the VTS Storebaelt but such can be necessary in case of a change of external demands to the system, e.g. an change to the format for reportings to the International Maritime Organization. If this is the case such services will be ordered as a technician assistance.

DALO is entitled to renew the contract on the same terms for 12 (twelve) months (1 (one) year) up to 2 (two) times.

The contract is not divided into lots on the grounds that a division of the contract is not possible due to the nature of the supplies and technical reasons, including interoperability between the supplies.

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.1.2) 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 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.1.2) and III.1.3), the tenderer shall upon request provide statements of support or other documentation proving that the tenderer 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 tenderer. 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 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 on public procurement have been made compulsory in § 136 of the said Act.

Internet address: https://naevneneshus.dk/start-din-klage/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 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 standstill 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 email 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