Internet address(es):

Main address: http://www.forsvaret.dk

Weapons oil and grease.

Danish Defence wish to announce the tender Weapon oil and grease. The Tender consist of 2 Lots.

Lot 1: The requested weapon oil and grease consist of Consumable products for cleaning, lubrication and preservation of weapons and weapons systems (i.e. ‘S-758’, ‘O-158’, ‘O-190’ or ‘O-192’ or equivalent).

Lot 2: The requested weapon oil and grease consist of Consumable products cleaning, lubrication and preservation of weapons and systems (i.e. ‘S-761’ or equivalent). Specific lubricating oil product, in 3 different packaging sizes. The oil shows specific lubrication properties for an operational temperature range between -54 and +150 °C.

For each 2 Lots Pre-qualification of Tenderers will take place, cf. II.2.9) before the Tender for the products.

The purchaser is using Mercell Sourcing Services for this tender. To notify your interest and get access to any documents, you must copy and paste the link below into the address-part on your browser: http://permalink.mercell.com/55128870.aspx

Consumable products for cleaning, lubrication and preservation of weapons and weapon systems (i.e. ‘S-758’, ‘O-158’, ‘O-190’ or ‘O-192’ or equivalent)

Consumable products for cleaning, lubrication and preservation of weapons and weapon systems (i.e. ‘S-758’, ‘O-158’, ‘O-190’ or ‘O-192’ or equivalent).

The Agreement concerns the delivery of different oil and grease products used in cleaning, lubrication and preservation of weapons.

The Buyer intends to use the products for the maintenance of weapons as prescribed by the relevant maintenance procedures.

The candidates shall clearly state in the European Single Procurement Document (available from DALO on: http://permalink.mercell.com/55128870.aspx) if the candidate is applying for lot 1, lot 2. If applying for both lots please fill in an European Single Procurement Document for each lot.

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.2.4) above, in terms of the nature and quantity of the previous deliveries.

(a) The relevance of the candidate's previous deliveries in comparison to the contract/purchases described in Section II.2.4) in terms of the nature and quantity of the previous deliveries, and (b) the economic and financial standing of the candidate, in terms of equity ratio and yearly turnover.

Please note that any ambiguities and/ or incomprehensibilities in the information submitted under III.1.3) may be regarded negatively in the evaluation when selecting the limited numbers of candidates.

The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all divisions of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.

Consumable products for cleaning, lubrication and preservation of weapons and weapon system (i.e. ‘S-761’ or equivalent)

Consumable products for cleaning, lubrication and preservation of weapons and weapon systems (i.e. ‘S-761’ or equivalent).

The Agreement concerns the delivery of a specific lubricating oil product, in 3 different packaging sizes.

The oil shows specific lubrication properties for an operational temperature range between –(minus)54 and +150 °C. Furthermore, the oil can be used as universal preservation oil due to its corrosion preventive properties.

The Buyer intends to use the products for the lubrication and preservation of various weapons

The candidates shall clearly state in the European Single Procurement Document (available from DALO on http://permalink.mercell.com/55128870.aspx) if the candidate is applying for lot 1, lot 2. If applying for both lots please fill in an European Single Procurement Document for each lot.

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.2.4) above, in terms of the nature and quantity of the previous deliveries.

(a) The relevance of the candidate's previous deliveries in comparison to the contract/purchases described in Section II.2.4) in terms of the nature and quantity of the previous deliveries; and (b) the economic and financial standing of the candidate, in terms of equity ratio and yearly turnover.

Please note that any ambiguities and/ or incomprehensibilities in the information submitted under III.1.3) may be regarded negatively in the evaluation when selecting the limited numbers of candidates.

The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all divisions of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.

The candidate must use the European Single Procurement Document (available from DALO on http://permalink.mercell.com/55128870.aspx) as provisional evidence in replacement of certificates issued by public authorities or third parties confirming that the candidate fulfils the minimum requirement stated below with respect to the standards required, and how the candidate fulfils the objective and non-discriminating criteria for pre-qualification, cf. § 148(1), cf. § 145(2) of the Danish Act on Public Procurement (Act No 1564 of 15.12.2015 — available at www.retsinformation.dk). Prior to DALO's decision concerning award of the contract, the candidate to whom DALO intends to award the contract must submit documentation for the information given in the European Single Procurement Document in accordance with § 151 of the said Act. Reference is made to The Danish Competition and Consumer Authority's guidance note concerning the European Single Procurement Document available at: http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2015/Vejledning%20til%20ESPDen.pdf

In this respect the following documentation shall be submitted:

The 3 latest annual reports or a declaration stating the annual turnover for the last 3 Financial years available, in so far as the information on such turnovers are available

The 3 latest annual reports or extract 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 preceding 3 financial years, in so far as such information is available.

If the application is submitted by a joint group of suppliers (e.g. a consortium) or if the candidate is relying on the capacity of other entities the equity ratio is calculated by adding up the equity for the candidate applying and the equity for the other entities, and adding up the total assets for the candidate applying and the equity for the other entities. Then the equity ratio is calculated as dividing the total equity by the total assets for the applying candidate and the other entities together.

Please note that the candidate may rely on the capacities of other entities (e.g. a parent or sister company or a sub supplier), regardless of the legal nature of the links between them. Where a candidate/tenderer wants to rely on the capacities of other entities, it shall prove to DALO that it will have at its disposal the resources necessary, for example, by producing a commitment or other documentation from those entities confirming their legal obligation to provide the necessary resources for the duration of the contract. If such documentation is not provided DALO cannot take the other entities' capacities into account. DALO has made a form for submission of the commitment which is available at http://permalink.mercell.com/55128870.aspx and which must be completed in addition to the European Single Procurement Document. DALO strongly encourages the candidates/tenderers to use this form when submitting their applications/offers. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.

DALO demands that the candidate and each of the legal entities whose capacities the candidate relies on undertake joint and several liabilities for the performance of the contract.

The candidate must have had an annual turnover of at least lot 1: 1 500 000 DKK for Lot 2: 900 000 DKK in each of the preceding 3 financial years (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published). The information must be stated in the European Single Procurement Document, section IV.B.

The candidate must have had an positive equity ratio for each of the preceding 3 financial years. The information must be stated in the European Single Procurement Document, section IV.B.

The candidate must use the European Single Procurement Document (available from DALO on http://permalink.mercell.com/55128870.aspx) as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the candidate fulfils the minimum requirement stated below with respect to the standards required, and how the candidate fulfils the objective and non-discriminating criteria for pre-qualification, cf. § 148(1), cf. § 145(2) of the Danish Act on Public Procurement (Act No 1564 of 15.12.2015 — available at www.retsinformation.dk). Prior to DALO's decision concerning award of the contract, the candidate to whom DALO intends to award the contract must submit documentation for the information given in the European Single Procurement Document in accordance with § 151 of the said Act. Reference is made to The Danish Competition and Consumer Authority's guidance note concerning the European Single Procurement Document available at http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2015/Vejledning%20til%20ESPDen.pdf

The references must be stated in the European Single Procurement Document, section IV.C. The European Single Procurement Document only holds room for 5 references, if the candidate have more then 5 references the additional references can be attached in a separate document.

In this respect the following documentation shall be submitted:

A list of the most important similar deliveries carried out over the past 3 years. The list should preferably include:

— A description of each delivery;

— Information on when it was carried out;

— The size and value of the deliveries;

— The recipients of the deliveries, including size of recipient (specific names/countries are preferred, but need not necessarily be included; if no country specific information is included the candidate is asked to provide as much generic information as possible about the delivery).

Please note that the candidate may rely on the capacities of other entities (e. g. a parent or sister company or a sub supplier), regardless of the legal nature of the links between them. Where a candidate/tenderer wants to rely on the capacities of other entities, it shall prove to DALO that it will have at its disposal the resources necessary, for example, by producing a commitment or other documentation from those entities confirming their legal obligation to provide the necessary resources for the duration of the contract. If such documentation is not provided DALO cannot take the other entities' capacities into account. DALO has made a form for submission of the commitment which is available at http://permalink.mercell.com/55128870.aspx and which must be completed in addition to the European Single Procurement Document. DALO strongly encourages the candidates/tenderers to use this form when submitting their applications/offers. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.

DALO demands that the candidate and each of the legal entities whose capacities the candidate relies on undertake joint and several liabilities for the performance of the contract.

The candidate must demonstrate experience with as a minimum 1 similar delivery within the past 3 years.

By similar deliveries is understood deliveries of oils and lubricants, preferably of 1 or more of the weapon oils or grease or equivalent requested in this tender, to a company or enterprise with more than 100 employees and/or deliveries which have taken place under a government contract.

Reference is made to the tender documents with regard to the 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.

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 1 supplier to represent the group.

Candidates should note that the contract will include a labour clause, cf. Appendix B to the contract.

For further information see the ‘additional information’ document available at the URL address in Section I.3)

In accordance with the Danish Act on Public Procurement (Act No 1564 of 15.12.2015 — available at: www.retsinformation.dk) § 148 DALO must demand that the candidate completes the European Single Procurement Document as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the candidate fulfils the requirements listed in § 148(1) of the said Act. Reference is made to The Danish Competition and Consumer Authority's guidance note concerning the European Single Procurement Document available at: http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2015/Vejledning%20til%20ESPDen.pdf

A candidate participating alone and who does not rely on the capacity of other entities to fulfil the criteria for choosing the limited number of candidates shall only complete 1 European Single Procurement Document. A candidate participating alone who does rely on the capacity of other entities to fulfil the criteria for choosing the limited number of candidates shall ensure that DALO receives his own European Single Procurement Document together with a separate European Single Procurement Document with the relevant information for each of the entities that the candidate relies on. Finally when groups of entities, including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate European Single Procurement Document with the information required in section II-IV. When filling out the European Single Procurement Document (available from DALO on http://permalink.mercell.com/55128870.aspx) the candidate must state clearly if the application is for Lot 1, Lot 2 or both. If applying for both lots the section IV C references must be clearly divided into the references given for Lot 1 and for Lot 2.

Prior to decision on award of the contract documentation for the information stated in the European Single Procurement Document must be produced, cf. §§ 151 and 152 of the said Act. Further information and the applicable time limit are found in the tender documents. DALO further reserves the right to at any stage of the tender procedure to request a candidate/tenderer to submit documentation, if this is required to secure that the procedure is conducted correctly. In this situation DALO will set an appropriate time limit for submission of the documentation.

DALO shall exclude a candidate/tenderer from participation in the tender procedure, if the candidate/tenderer is subject to 1 of the mandatory exclusion grounds in §§ 135 and 136 of the said Act. The candidate/tenderer shall submit information in this respect in the European Single Procurement Document. Special attention is drawn to the fact that certain voluntary exclusion grounds have been made mandatory in § 136 of the Act. Please refer to The Danish Competition and Consumer Authority's guidance note for correct completion of the European Single Procurement Document.

DALO will furthermore exclude a candidate/tenderer from participation in the tender procedure, if the candidate/tenderer is subject to the exclusion ground in § 137(1)(2) of the said Act. The candidate/tenderer shall submit information in this respect in the European Single Procurement Document.

Submission of applications for pre-qualification:

Candidates are asked to submit applications for pre-qualification via Mercell Sourcing Service: http://permalink.mercell.com/55128870.aspx

The application for pre-qualification cannot be submitted by e-mail.

Non-compliance with formal requirements:

DALO reserves the right — but is not obliged — to use the remedies provided for in Section 159(5) of 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.

For further information see the ‘additional information’ document available at the URL address in Section I.3)

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

Pursuant to Danish Act on The Complaints Board for Public Procurement (Act No 492 of 12.5.2010 with subsequent amendments — 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. § 171(2) or § 2(1) of the Danish Act on Public Procurement (Act No 1564 of 15.12.2015 — available at www.retsinformation.dk), provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must 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 Act on Public Procurement, 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 Act on Public Procurement.

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 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