Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/c2524139-72bb-49df-bffd-ac5fecab2906/homepage

Address of the buyer profile: http://fmi.dk

Acquisition and installation of two packing lifts and one packing table, for use with packing single, double and triple aircraft pallets, and maintenance and service of the packing table, and training.

At both Aalborg Air Base and Karup Air Base, aircraft pallets are packed prior to transportation with the Danish Armed Forces' own aircrafts, those of other nations and those chartered from civilian airlines. The Air Force was issued with an improvement notice by the Danish Working Environment Authority requiring it to eliminate the risk of items falling during the packing of aircraft pallets by means of an enclosure or other suitable arrangement. The packing of aircraft pallets in the Danish Defence shall therefore only be performed on packing lifts. In this tender, the concept of a packing lift was defined as a solution where the packing area on which the aircraft pallet is packed could be elevated above floor level and lowered below floor level without the presence of columns, lifting appliances or other crane activity above floor level. There was no specific solution associated with this concept, but it could have constituted a lifting table on a scissors lift or similar.

The public procurement that this agreement was a part of was to be procured in conjunction with another public procurement by Danish Defence Estates and Infrastructure Organisation (DDEO). The other public procurement concerns the purchase and establishment of pits for packing lifts necessary for the deliverables under this agreement.

This other procurement for pits was expected to be published after this agreement had been signed.

As this tender and the above stated expected public procurement for pits had a close connection, delivery of the products and services under this agreement was not be done before after the products under the other expected public procurement for pits mentioned have been delivered.

DDEO expected their public procurement process to be finished and the infrastructure for the packing lifts and packing table ready in ultimo 2017.

When DALO were to be ready for delivery of the products and services under this agreement, DALO would have notified the supplier thereof.

Thus, the delivery time for the products under this agreement was a maximum of 126 days from when the supplier would have been notified by DALO.

When the products under this agreement had been delivered, the supplier would have been required to install the products within two weeks after the products under this agreement would have arrived at DALOs facilities in Denmark. After the installation the supplier should have delivered training in using the packing lifts and packing table.

Additionally, the supplier was required to make a yearly maintenance service of the packing table for a period of four (4) years from signing of the agreement.

The contract was not divided into lots on the grounds that the tender was limited in scope of goods and services and further subdivision into lots was not relevant. Additionally a division of the contract would unduly have increased the cost of the procurement procedure.

This public procurement is transitioning to a competitive procedure with negotiation in accordance with section 61, litra 2, of the Danish Public Procurement Act. Under section 61, litra 2, DALO may apply a competitive procedure with negotiation ‘where only irregular or unacceptable tenders are submitted in connection with an open or a restricted procedure, cf. (2) and (3).’ As DALO has received only tenders, which DALO has evaluated to be irregular, as ‘the tender does not fulfil the requirements stated in the procurement documents’, DALO has judged that the legal basis for transitioning to a competitive procedure with negotiation are fulfilled.

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 with subsequent amendments (available at www.retsinformation.dk), the following time limits for filing a complaint apply: Complaints regarding public procurements and decisions subject to Title II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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 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 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:http://www.kfst.dk