Fakta om udbudet

EU-nr
2018/S 054-120543
Offentliggjort
Udbudstype
Udbud efter forhandling

Security, fire-fighting, police and defence equipment


Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1) Name, addresses and contact point(s)

Danish Defence Acquisition and Logistics Organizations
Lautrupbjerg 1-5
Contact point(s): Maria Højland Boesen
2750 Ballerup
Denmark
Telephone: +45 72814000

Internet address(es):

General address of the contracting authority/entity: www.fmi.dk

Electronic access to information: https://www.ethics.dk/ethics/eo#/f57cba2e-ce2f-4123-85de-787589c41d58/homepage

Electronic submission of tenders and requests to participate: https://www.ethics.dk/ethics/eo#/f57cba2e-ce2f-4123-85de-787589c41d58/homepage

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3) Main activity
Defence
I.4) Contract award on behalf of other contracting authorities/entities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1) Description
II.1.1) Title attributed to the contract by the contracting authority:
Stand-alone shot detection system (SD)
II.1.2) Type of contract and location of works, place of delivery or of performance
Supplies

NUTS code DK0

II.1.3) Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4) Information on framework agreement
Framework agreement with a single operator

Duration of the framework agreement

Duration in months: 48

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 1 000 000 and 6 000 000 DKK
II.1.5) Short description of the contract or purchase(s):
This notice concerns the establishment of a framework agreement regarding the acquisition of stand-alone shot detection systems. The framework agreement will have a duration of 4 (four) years with the option for renewal of the agreement 3 (three) times of 1 (one) year's duration.
The shot detection systems will be used by the Danish Defence in both domestic and international missions to provide warnings to the crew when a supersonic round is passing the vehicle. The system shall be able to geo-reference the location of the enemy shooters.
The system shall be a stand-alone system and work autonomously from other systems. By a stand-alone system, DALO means a shot detection system which consists of all the required components to identify,recognize and geo-reference the location of an enemy shooter, without the use of input from other 3rd party systems. Examples of 3rd party systems are Battle Management Systems, INU and/or GPS feeds (power is not considered 3rd party equipment).
The size of one sensor unit shall not exceed (H x W x L) 20 cm x 40 cm x 40 cm, as anonymity/discretion is required in some operations. The system will on an ad hoc basis be installed on different vehicles — both civilian and military non-armored vehicles.
The shot detection system is expected to operate both day and night in a variety of weather and climatic conditions ranging from freezing snowy conditions, through temperate wet and foggy conditions to hot conditions. The system shall furthermore be able to cope with i.a.vibrations and electromagnetic fields around the vehicles.
The system will be used on wheeled vehicles.
The framework agreement also covers related services including education, software updates and service, and support.
II.1.6) Common procurement vocabulary (CPV)

35000000, 35120000, 35710000, 35400000

II.1.7) Information about subcontracting
II.1.8) Lots
This contract is divided into lots: no
II.1.9) Information about variants
Variants will be accepted: no
II.2) Quantity or scope of the contract
II.2.1) Total quantity or scope:
Estimated value excluding VAT:
Range: between 1 000 000 and 6 000 000 DKK
II.2.2) Information about options
II.2.3) Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 3
II.3) Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1) Conditions relating to the contract
III.1.1) Deposits and guarantees required:
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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 invoicing to be done electronically. Exact terms will be stated in the contract.
III.1.3) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
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 one supplier to represent the group.
III.1.4) Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:
The framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Appendix B for further information. The framework agreement contains a clause regarding information about the use of subcontractors.
III.1.5) Information about security clearance:
III.2) Conditions for participation
III.2.1) Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established. A template for the declaration will be provided with the tender documents, and the tenderer is encouraged – but not obliged — to use it.
Be advised, that DALO shall exclude a tenderer which has unpaid overdue debt of 100 000 DKK or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established.
However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on the guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act nº 1564 of 15.12.2015 – The Public Procurement Act.
III.2.2) Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met: Annual reports or excerpts hereof or other documentation stating the candidate's equity capital and equity ratio (equity ratio is calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100)) at the end of the last 3 (three) financial years), to the extent such information is available.
Minimum level(s) of standards possibly required: The candidate must have had a positive equity capital in each of the last 3 (three) financial years and furthermore an equity ratio of at least 5 % (five) for each of the last 3 (three) financial years.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity capital is the sum of all the participants’ equities and 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 x100) in each of the last 3 (three) financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity capital is the sum of the candidate’s and the entity or entities’ equity and the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 (three) financial years available.
Please note that a candidate may rely on the economic and financial standing of other entities (e.g. a parent orsister company or a sub-supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies.
III.2.3) Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met:
A list of the most important similar deliveries (references), cf. Section II.1.5), carried out within the past 5 (five) years prior to the deadline for the request to participate.The list must contain a maximum of 5 (five) previously deliveries, whether the candidate 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 (five), DALO will only consider the first 5 (five) deliveries on the list. Deliveries beyond that will be disregarded.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled and which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). 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 request to participate which will be included in the assessment of the delivery (reference).
The list should preferably include a short description of each delivery. The description of each delivery should include a description of the delivered shot detection system incl. model. The description should also include a description of the size of the shot detection sensor unit (in cm H x W x L) delivered, whether the delivery is a man worn, fixed site or a vehicle mounted system, and whether the delivery concerns a stand-alone system that does not require input from 3rd party equipment (power is not considered 3rd party equipment).
The description should also contain information on the date of each delivery, the quantity and/or value of each delivery, the recipient(s) of the delivery (specific names/countries are preferred, but not necessary — if no country-specific information is included, the candidate is asked to provide as much generic information as possible about the delivery). When specifying the date for each delivery, the candidate should state the date for the commencement and completion of the delivery. 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 delivery should nonetheless contain information on how the date is set.
Please note that a candidate 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 candidate and the entity or entities on which the candidate relies.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum 1 (one) similar delivery within the past 5 (five) years prior to the deadline for the request to participate.
Similiar deliveries mean, deliveries of shot detection systems, where the shot detection sensor unit shall not exceed (H x W x L) 20 cm x 40 cm x 40 cm.
III.2.4) Information about reserved contracts
III.3) Conditions specific to services contracts
III.3.1) Information about a particular profession
III.3.2) Staff responsible for the execution of the service

Section IV: Procedure

IV.1) Type of procedure
IV.1.1) Type of procedure
Negotiated
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 5
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on an evaluation of those candidates that have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) above. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
IV.1.3) Reduction of the number of operators during the negotiation or dialogue
IV.2) Award criteria
IV.2.1) Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2) Information about electronic auction
IV.3) Administrative information
IV.3.1) File reference number attributed by the contracting authority:
IV.3.2) Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2016/S 082-145835 of 27.4.2016

Other previous publications

Notice number in the OJEU: 2018/S 016-033759 of 24.1.2018

IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4) Time limit for receipt of tenders or requests to participate
17.4.2018 - 8:00
IV.3.5) Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up
English.

Section VI: Complementary information

VI.1) Information about recurrence
This is a recurrent procurement: no
VI.2) Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3) Additional information:
This tender is conducted according to the negotiatied procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers.
Tenderers are expressly made aware that DALO reserves the right to regard the INDO as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, ie. without conducting any negotiations.
Please note, that each candidate can only submit one request for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers. DALO reserves the right to request the candidates 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 remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the tender documents.
DALO demands that the candidate and each of the legal entities whose capacities the candidate relies on undertake joint and several liability for the performance of the contract.
Candidates are asked to submit their request to participate via ETHICS. The permalink is stated in Section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. The permalink is stated in Section I.1).
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or tech-nical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures

Klagenævnet for udbud (The Complaints Board for Public Procurement)
Nævnenes Hus
Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud.

VI.4.2) Lodging of appeals

Precise information on deadline(s) for lodging appeals: 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 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. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.
Other complaints 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, 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. the principle in § 185(2) of the Public Procurement Act (act no. 1564 of 15.12.2015 – available at www.retsinformation.dk).

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 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.
VI.4.3) Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk

VI.5) Date of dispatch of this notice:
16.3.2018

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