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https://www.ethics.dk/ethics/eo#/29262ba4-e4ce-4b29-901b-4e6649191564/publicMaterial
Udbyder
Danish Defence Acquisition and Logistics Organization
Vindere
(09.09.2022)
Maritime Partner AS
Ålesund
Acquisition of 5 Large Fast Rescue Boats (FRB) for the Danish Coastal Rescue Service
Danish Defence Acquisition and Logistics Organization
Contract notice
Supplies
Section I: Contracting authority
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1–5
Town: Ballerup
NUTS code: DK05 Nordjylland
Postal code: 2750
Country: Denmark
Contact person: Martin Sigsgaard Gustavson
E-mail: fmi-sd-aam03@mil.dk
Telephone: +45 72814224
Internet address(es):
Main address: www.fmi.dk
Section II: Object
Acquisition of 5 Large Fast Rescue Boats (FRB) for the Danish Coastal Rescue Service
As a part of a renewal process of the Danish Coastal Rescue Service fleet of search and rescue vessels, DALO intends to enter into a contract regarding acquisition of 5 (five) large fast rescue boats (FRB) for the Danish Coastal Rescue Service.
The tendered contract also includes an option of acquisition of additional 1 + 1 FRB.
The 5 FRBs to be acquired under this contract shall replace four (4) boats of the Canada type and one (1) MRB31.
5 (five) initial packages of spare parts (one for each FRB) are also part of the delivery.
As part of this tender, the tenderer are required to make an similar boat available for a user evaluation test in connection with the evaluation of the tenderers best and final offer (BAFO).
The new fast rest rescue boats (FRB) are supposed to be built with fixed hull with fenders, and inboard diesel engines.
They shall be built for a crew of 4, and 6 passengers.
The FRB will be used as on scene coordinator, which requires more than normally used communication equipment.
The FRB will be used for search and rescue operations, meaning the FRB shall be equipped with additional means of search and rescue and with medical treatment equipment.
The FRB will be used in rough weather, meaning that it shall provide a safe and reliable platform for the search and rescue operation. This means good sailing properties in bad weather and that all essential equipment has to be duplicated.
The FRB shall also in case of capsizing, be self-righting and be able operate safely following a capsize.
The FRB will be used in shallow waters, and beaching on a sandy beach with high speed is a part of normal operation.
Two of the FRB will be stationed at lifeboat stations that will be launching the FRB from the beach, using a tractor and carriage.
The FRB shall be approved by Danish Maritime Authority (DMA) for its intended purpose.
The FRB shall be designed / built for a lifespan of 15–20 years, with approximately 300 service hours pr. year.
The FRB is used in search and rescue operations, that can last several hours, meaning that propulsion, but also the crew facilities must support this.
The FRB crew are normally wearing immersion suits and gloves while operating the FRB. The FRB shall be suitable for this.
The FRB shall have a semi open heated wheelhouse for crew shelter and shock mitigated seats, but at the same time must provide good view during search and rescue operations.
The wheelhouse must be designed with openings so that the crew can evacuate in case the FRB is capsizing.
The FRB shall be built and used under the rules as a civilian vessel, according the rules from Danish Maritime Authority.
For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the tender procedure based on the candidate’s size in accordance with the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC); hereinafter the SME Recommendation. Thus, it is DALO’s intention to choose:
— up to 1 candidate which are micro enterprises (group 1),
— up to 4 candidates which are small/medium-sized enterprises (group 2) and,
— up to 1 candidates which are large enterprises (‘large enterprises’ are enterprises that are neither micro, small or medium-sized enterprises) (group 3).
The number of candidates assigned to each group is based on a market survey that DALO has conducted.
If DALO receives fewer applications for participation within a group than the number of candidates DALO has assigned to that particular group, DALO will not invite additional candidates from other groups.
However, DALO will deviate from this rule if this is necessary to be able to invite three candidates to the tender procedure. In this case, DALO will apply the principles for limitation of candidates as described below within each group and then by priority choose a number of the remaining candidates from group 1, group 2 and group 3 until a total of three candidates are invited to participate (only one additional candidate will be chosen from each group, unless there are no remaining candidates in the other groups). For illustration purposes see example hereof in the ‘additional information’ document available on the ETHICS-webportal, cf. section I.3.
The determination of which category of enterprise a candidate is defined as must be made in accordance with the SME recommendation. For further information on this, including information about entities that candidates are relying on, see the ‘additional information’ document available on the ETHICS-webportal, cf. section I.3.
The candidate must in the ESPD, part V: Reduction of the number of qualified candidates, state in the textbox for further information, which group of enterprise the candidate is defined as. Furthermore, the candidate should in the textbox submit the most relevant information for determining which category of enterprise the candidate is defined as. As a minimum, the following data should be stated: Staff headcount, annual turnover and balance sheet. If the candidate is relying on other entities, cf. above, these entities must also submit an ESPD. However, they shall not provide information about which group of enterprise the entity is, staff headcount, annual turnover or balance sheet, since this information is already included in the determination of which group of enterprise the candidate is defined as, cf. the ‘additional information’ document available on the ETHICS-webportal, cf. section I.3.
The candidate must on DALO’s request provide documentation establishing that the candidate at the time of application for participation was defined as the specific category of enterprise. Documentation may be annual reports or excerpts thereof, an auditor’s statement or equivalent forms of documentation.
The limitation of candidates, within each group of enterprises, 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.1.4 and section II.2.4 above. In the evaluation, DALO will take into account the nature of the previous deliveries and the time of delivery so that more recent deliveries will be deemed more relevant than older deliveries.The evaluation will be based on the list submitted by the candidates in the European Single Procurement Document (ESPD) according to section III.1.3. 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.
The tendered contract includes an option for acquisition of additional 1 + 1 FRB and spare part packages, one for each FRB.
The contract is not divided into lots on the grounds that a division of the contract would entail disproportionate costs due to subsequent contract administration.
Section III: Legal, economic, financial and technical information
The candidate 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 candidate's equity with the candidate'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 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 last 3 financial years, to the extent such information is available. When groups of entities (e.g. consortia), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the candidate 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 candidate 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 candidate 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 and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities’ ESPD must equally provide the information listed above.
The candidate must have had a positive equity ratio for each the last 3 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100).
If the candidate 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 candidate relies on the economic and financial standing of an entity or entities, 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 financial years available.
The candidate 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 request to participate/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 and II.2.4. The description should also include a description of the candidates 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 candidate is asked to provide as much generic information as possible about the delivery). When specifying the date for the deliveries, the candidate 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.
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Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing 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 carried out and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been carried out, or if a part of the supplies has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate 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 5 previous 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, DALO will only consider the first 5 deliveries on the list. Deliveries beyond this number will be disregarded.
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. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities’ ESPD must equally provide the information listed above.
The candidate 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 candidate 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.
If advance payments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.
Reference is made to the procurement 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 contract must be conducted in consideration of corporate social responsibility (CSR) and it contains a labour clause, please see Annex F for further information.
Section IV: Procedure
Section VI: Complementary information
DALO demands that the candidate and each of the legal entities whose economic and financial capacities the candidate relies on undertake joint and several liability for the performance of the contract.
Regarding section IV.2.4: Note, that the procure documents is in English. However, it is permissible to submit applications for participation and offers in Danish.
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Negotiations during the tender procedure may be conducted in Danish or English depending on the preferences of the specific tenderer. For further information regarding the negotiation phase, please see the enclosed document ‘Additional information to contract notice.’ Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English. DALO will conduct a clarification meeting before the deadline for application for participation, cf. section IV.3.4. For further information regarding this clarification meeting, please see the enclosed document ‘Instructions to Tenderers, section 4.2.’
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 candidate apply the ESPD as preliminary evidence that the candidate is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2 and III.1.3, and how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. section II.2.9.
The candidate and, if relevant, the participants in the group of entities or/and entities on which the candidate 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 candidate relies on the capacity of other entities, cf. section III.1.2 and III.1.3, the candidate shall upon request provide statements of support or other documentation proving that the candidate 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 candidate. 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 candidate. to use this form. However, it is emphasized that it is the sole responsibility of the candidate. that the information provided fulfils the requirements.
DALO shall exclude a candidate. from participation in the procurement procedure, if the candidate. is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the candidate. has provided sufficient documentation that the candidate. 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.
For further information regarding this procurement, please see the enclosed document ‘Additional information to contract notice.’
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Pursuant to the Danish Consolidation Act no. 593 of 2 June 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 an account of the 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. The time limit 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, calculated starting the day after the contracting authority has sent notification to the candidates and 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 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).
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.
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk