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Main address: https://www.ethics.dk/ethics/eo#/97f0117d-87c8-44a8-ba23-b9bba45e9582/homepage

An Internet-based Booking System for DALO’s Pool Vehicles Including Electronic Car Sharing Equipment for the Pool Vehicles

The Danish Defence Acquisition and Logistics Organization (DALO) is in charge of entering a framework agreement regarding an internet-based booking system for DALO’s pool vehicles including electronic car sharing equipment for the pool vehicles. With the booking system DALO’s users shall be able to carry out booking, lending and return of the pool vehicles. The booking system must provide DALO with access to relevant data concerning the Bookings. The booking system must handle the Pool vehicles with a minimal consumption of DALO’s resources. The suppliers booking system will replace DALO’s current booking system and electronic car sharing equipment for the pool vehicles. The supplier must expect an ongoing implementation period where both the existing booking system and the suppliers booking system are in use. In the implementation period the electronic car sharing equipment will be installed/un-installed in the pool vehicles.

The Danish Defence Acquisition and Logistics Organization (DALO) is in charge of entering a framework agreement regarding an internet-based booking system for DALO’s pool vehicles including electronic car sharing equipment for the pool vehicles. With the booking system DALO’s users shall be able to carry out booking, lending and return of the pool vehicles. The booking system must provide DALO with access to relevant data concerning the bookings.

1) Option on a Helpdesk which shall be available for all users 24/7 in relation to the booking and use of pool vehicles;

2) Option on purchase of the installed electronic car sharing equipment upon termination of the agreement.

The framework agreement is not divided into lots on the grounds:

— that a division of the framework agreement would not ensure a sufficient competition in the current market.

The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD —) and provide the following information in the ESPD: its equity ratio (calculated by dividing the tenderer’s equity with the tenderer’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 tenderer’s equity ratio (calculated by dividing the tenderer’s equity with the tenderer’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 tenderer relies on the economic and financial standing of another entity or entities (e.g. 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 tenderer 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 tenderer 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 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 must have had an positive equity ratio for each the last 3 financial years. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100). If the tenderer 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 tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’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 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 prior to the deadline for the 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 services as described in Section II.1.4) and II.2.4), in respect of which the tenderer has submitted an offer. 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/quantity/volume 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 delivery in question is ongoing, it is only the part of the services carried out and completed at the time of the deadline for submission of the offer which will be included in the assessment of the delivery (reference). Consequently, if a part of the services has not been carried out, or if a part of the services has not been completed at the time of the deadline for submission of the offer, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the tenderer clearly states which part (e.g. with regards to size, value, quantity or volume, etc.) of an ongoing delivery (reference) that has been carried out. The list must contain a maximum of 1 previous deliveries whether the tenderer is one entity, 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 1, DALO will only consider the first 1 deliveries on the list. Deliveries beyond this number will be disregarded. 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 1 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. If the tenderer relies on the educational or professional qualifications, or professional experience of another entity or entities in relation to the performance of specific aspects of the services described in Section II.1.4) and II.2.4), the specific aspects of the services shall be performed by the entity or entities on which the tenderer relies. 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, prior to the deadline for 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 corporate social responsibility (CSR) and it contains a labour clause, please see Appendix B for further 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.1.2) and III.1.3). The tenderer and, if relevant, the participants in the group of entities or/and entities on which the tenderer relies on, must use the electronic version of the ESPD available at Ethics’ web portal. The ESPD shall be fulfilled and submitted at Ethics’ web portal in accordance with the instructions given by Ethics. 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: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

Pursuant to the Danish Consolidation Act No 593 of 2.6.2016 on the Complaints Board for Public Procure-ment(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 Acton 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. The timel-imit is calculated from the day after the publication date;

2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the reasons for the decision;

3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates/tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the 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). Contact information for 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 on the website stated in Section VI.4.1).

Internet address: www.kfst.dk