Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/d0491fba-4ef2-46e7-a84b-0c25d0ee1b7c/homepage

Acquistion of six (6) Rigid Hull Inflatable Boats (RHIB) including an option for the acquistion of two (2) additional Rigid Hull Inflatable Boats (RHIB).

The contract is regarding the acquisition of six (6) Rigid Hull Inflatable Boats (RHIB) including an option of two (2) RHIB to replace the current RHIB-SVN 610 in the Naval Explosive Ordnance Disposal. The RHIB shall have the following dimensions: length max. 740 cm, width max 300 cm inflated and with inboard engine and Z-drive. The Naval Explosive Ordnance Disposal's units operate globally.

The RHIB shall essentially be used for resolving a number of operational tasks which primarily cover the transport of personnel and/or goods.

The RHIB shall be trailer based and normally deployed from a slipway or beach depending on the situations and conditions.

DALO will buy six (6) Rigid Hull Inflatable Boats (RHIB) plus an option for two (2) Rigid Hull Inflatable Boats (RHIB).

This notice also involves the establishment of a framework agreement regarding the sustainment of the Rigid Hull Inflatable Boats (RHIB). The duration of the framework agreement is four (4) years.

See section II.1.4).

Option for the acquisition of two (2) Rigid Hull Inflatable Boats (RHIB). The option shall be valid until 4 (four) years after commencement of the contract.

DALO has decided not to divide the contract into lots due to the fact that the tender is limited in scope of goods and services and further subdivision into lots is not relevant.

The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:

Its specific yearly turnover in the business area covered by the contract for the last 3 financial years to the extent such information is available, cf. Part IV, section B.

Annual reports or excerpts hereof or other documentation stating the tenderer's general yearly turnover for the last 3 financial years if publication of annual reports is required under the law of the country in which the tenderer is established, and 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.

A statement of the tenderer's specific yearly turnover in the field relevant to the contract for 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 candidate/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 a general yearly turnover of at least 5 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.

If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turnover is calculated as the sum of all the participants' general yearly turnover 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 general yearly turnover will be calculated as the sum of the tenderer's general yearly turnover and the entity or entities' general yearly turnover in each of the last 3 financial years available.

The tenderer must also have had a specific yearly turnover in the business area covered by the contract of at least 2 500 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.

If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the specific yearly turnover in the business area covered by the contract is calculated as the sum of all the participants specific yearly turnover in the business area covered by the contract 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 specific yearly turnover in the business area covered by the contract will be calculated as the sum of the tenderer's and the entity or entities' specific yearly turnover in the business area covered by the contract 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), carried out within the past 3 (three) years, prior to the deadline for the request to 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 supplies as described in section II.1.4), 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 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 the request to submission of the offer will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/which candidate has documented the most relevant previous deliveries, cf. section II.2.9). If the delivery in question is ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the submission of the offer.

The list must contain a maximum of 5 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 5, DALO will only consider the first 5 deliveries on the list. Deliveries beyond this number will be disregarded.

A 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 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 demonstrate experience with as a minimum one similar delivery within the past 3 years, prior to the deadline for the 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.

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

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 and that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2) and III.1.3).

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 candidate/tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU of the European Parliament and of the Council 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 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:www.kfst.dk