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Main address: www.um.dk

Procurement of vehicles for the Recovery and Development of Northern Uganda Component of the U-Growth II Programme

The recovery and development of Northern Uganda component of the U-Growth II programme has a strategic intervention.

Called Local District Government Capacity Building. Under this intervention 6 district will be provided with a total of 11 double cabin pick-ups. The vehicles will be used in remote areas in Northern Uganda where they should be able to drive on rough and muddy gravel roads.

Furthermore, there should be authorised workshops for the particular brand offered by the tenderers in West-Nile and Acholi Subregion preferably in the towns of Arua and Gulu.

See II.2.4).

Uganda.

The recovery and development of Northern Uganda component of the U-Growth II programme has a strategic intervention.

Called Local District Government Capacity Building. Under this intervention 6 district will be provided with a total of 11 double cabin pick-ups. The vehicles will be used in remote areas in Northern Uganda where they should be able to drive on rough and muddy gravel roads.

The objectives of the assignment are as follows:

1. To procure 11 specified vehicles

The 11 vehicles must be delivered within 70 days from signing the contract at CF DAR/RALNUC, Umoja House, Plot 20, Nakasero Road, Kampala, Uganda, (Phone +256772200346), with third party insurance (DDP, Incoterms 2010 ®). The vehicles will be collected from the CF DAR/RALNUC by the respective district local governments.

The local representative shall assist the Contracting Authority in taking over the vehicles, including handing out the keys and registration documents to the Contracting Authority, explaining the characteristics of the vehicles and how they are used to the Contracting Authority.

Warranty: The vehicles should come with at least 2 years full warranty from the delivery date or 100 000 kilometers, whatever comes first.

Re. section II.1.5 The total estimated value of the contract is inclusive of VAT.

Not applicable.

The tenderer must submit the European single procurement document (ESPD) with the following information in the ESPD:

The tenderers total annual turnover for the last 3 available financial years.

The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirements in respect of economic and financial capacity.

Before the decision to award the contract is made, the tenderer to whom the Contracting Authority intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

When required by the Contracting Authority, the tenderer must submit the following documentation of economic and financial capacity:

A statement certified by a chartered accountant or certified public accountant regarding the operator's overall turnover in the last three financial years available, depending on the date when the operator was set up or started trading, as far as the information on these turnovers is available. For groups of operators (e.g. a consortium), the information must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, sister company or a sub-contractor), the information must be submitted for these entities also.

Where an operator relies on the capacity of other entities (e.g. a parent company, sister company or a sub-contractor), regardless of the legal nature of the links between the operator and such other entities, the operator must include documentation in its tender that it will have at its disposal the resources necessary for the performance of the contract by producing an undertaking of support or other documentation that the tenderer has in fact at its disposal the required economic and financial capacity. It must be documented that the entity in question is legally obliged to the tenderer. Failing this, the Contracting Authority will not take into account the capacity of other entities. The Contracting Authority has drawn up a template for the undertaking of support that the tenderer may use.

As a minimum requirement, a total annual turnover of at least DKK 6 000 000 is required in each of the 3 last financial years available.

If the tenderer relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the tenderer and such other entities in each of the 3 last financial years available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in each of the 3 last financial years available. The information is to be stated in section IV.B of the ESPD. Reference is made to the Contracting Authority's guide to the ESPD.

Using the ESPD, the tenderer should provide:

A list of the most significant comparable supplies, concerning the delivery of vehicles with similar specifications, see sections II.1.4) and II.2.4) that the tenderer has carried out in the last 3 years before the expiry of the tender deadline depending on when the tenderer was set up or started trading. The references should be set out in the ESPD section sII.1.4 and II.2.4.

Each reference is requested to include a brief description of the delivery performed. The delivery description should include a clear description of the supplies set out in sections II.1.4) and II.2.4) to which the delivery related and the tenderer's role(s) in the performance of the delivery. The delivery description should moreover include the financial value of the delivery (amount), the date of the delivery, and the name of the customer (recipient).

When indicating the date of the delivery, the tenderer is requested to indicate the date when the delivery was commenced and finalised. If that is not possible, e.g. if the tasks were performed on an ongoing basis under a framework agreement, the tenderer is asked to indicate in the description of the delivery how the date is specified.

No more than 5 references may be stated irrespective of whether the tenderer is a single operator, whether the tenderer relies on the technical capacity of other entities, or whether the tenderer is a group of operators (e.g. a consortium).

If more than 5 references are stated, only the first 5 references will be taken into account. Any additional references will be disregarded.

The ESPD serves as provisional documentation that the tenderer fulfils the minimum suitability requirements in respect of technical and professional capacity, see section III.1.3).

Before the decision to award the contract is made, the tenderer to whom the Contracting Authority intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

No additional documentation of technical and professional capacity will be required from the tenderer. However, the Contracting Authority reserves the right to contact the tender or the customer indicated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

Where an operator relies on the capacity of other entities (e.g. a parent company, sister company or a sub-contractor) regardless of the legal nature of the links between the operator and such other entities, the operator must include documentation in its tender that it will have at its disposal the resources necessary for the performance of the contract by producing an undertaking of support or other documentation that the tenderer has in fact at its disposal the required technical and professional capacity. It must be documented that the entity in question is legally bound towards the tenderer. Failing this, the Contracting Authority will not take into account the capacity of other entities. The Contracting Authority has drawn up a template for the undertaking of support that the tenderer may use.

Minimum 2 comparable supplies, concerning the delivery of vehicles with similar specifications, with a value each of minimum DKK 500 000 performed during the 3 last years.

The winner will be required to perform the services in compliance with the Danida Anti-corruption Code of Conduct and the principles of the UN Global Compact. A group of economic operators will be required to enter a joint venture agreement, and the Danish Embassy in Uganda will require that all members of the joint venture are jointly and severally liable.

All duties, taxes, VAT, and other levies applicable for the contract payable by the Supplier in relation to the performance of the Contract, or for any other cause, shall be included in the total Contract Price submitted by the Tenderer.

To the extent that the Supplier can document changes in duties, taxes VAT, and other levies prevailing 28 days prior to the Tender Submission Deadline which takes place in the period between the Tender Submission Deadline and the date of delivery the total Purchase Price shall be adjusted with the net effect of such changes, thereby neutralizing the effect of such changes for the Supplier.

The meaning of “local time” is Central European Winter Time (CET).

Any legal entity may only submit one tender. The tender and the ESPD shall be submitted electronically using the web-based tendering system provided by Kammeradvokaten (The Legal Advisor to the Danish state) following the instructions in the tender document. Tenders cannot be submitted using any other means. The tendering system can be accessed using the link set out in section I.3. If not already registered in the system access to the tender documents can be obtained by registering using the link ‘Online registration’. The ESPD is completed in EU Supply where the tenderer is to export the XML file, complete it, save it locally as a PDF and import it using the function under the headline "ESPD" under "My Response". It is the responsibility of the tenderer to keep informed of questions and answers and any addenda and/or clarification published in the system in respect of this tender.

The embassy shall exclude a tenderer from participation in the procurement procedure where it has established that the tenderer is covered by the exclusion grounds listed in the Danish Public Procurement Act, (Udbudsloven) §135 and §136 (EU Directive 2014/24/EU, article 57(1)-(3), and article 57 (4)(e),(f) and (h).) (i.e. Grounds relating to criminal convictions, grounds relating to the payment of taxes or social security contributions, grounds relating to conflicts of interests or distortion of competition from the prior involvement of the economic operators in the preparation of the procurement procedure, if this cannot be remedied by other, less intrusive measures, guilty of serious misrepresentation of information).

The embassy will exclude a tenderer from the procurement procedure if the tenderer is in a situation covered by the Danish Public Procurement Act §137, stk. 1, no. 2. (EU Directive 2014/24/EU, article 57 (4) (b).) (i.e. Grounds relating to insolvency). Before award of contract, the embassy will require that the tenderer to whom it intends to award the contract presents documentation for the claims given in the ESPD proving the absence of grounds for exclusion, as stipulated in the Danish Public Procurement Act §135, stk. 1 and 3, and §137 stk. 1, no. 2. (EU Directive 2014/24/EU, article 57 (1), article 57 (2), and article 57 (4)(b)) (i.e. Grounds relating to criminal convictions, the payment of taxes or social security contributions and grounds relating to insolvency).

For Danish tenderers documentation can be in the form of a “service attest”. Entities from other EU member states may identify the relevant certificate(s) using the online platform e-Certis to the extent this has been updated. Where the country in question does not issue such documents or certificates, or where these do not cover all the cases specified, they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established.

The embassy reserves the right — but is not obliged — to use the remedies provided for in the Danish Public Procurement Act, §159, stk. 5, if applications or tenders do not fulfil the formalities of the tender documents. (EU Directive 2014/24/EU, article 56 (3)).

Rationale for not splitting the contract up into lots (cf. Danish Public Procurement Act §49, stk. 2): This contract has not been split into lots due to market and economic considerations. The size and character of the services to be provided makes it unsuitable for distributing over several lots.

The Embassy opposes exclusive agreements with sub-consultants, be they organisations or individuals.

Internet address:https://erhvervsstyrelsen.dk/klagevejledning-0

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints for not having been selected must be submitted to the Danish complaints board for public procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1)(i) of the Act and section 171(2) of the Danish Public Procurement Act.

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calendar days after the Contracting Authority has published a notice in the Official Journal of the European Union that the Contracting Authority has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the Contracting Authority has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision.

3) 6 months after the Contracting Authority entered into a framework agreement calculated from the day after the day when the Contracting Authority notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.

4) 20 calendar days calculated from the day after the Contracting Authority has submitted notification of its decision; see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the Contracting Authority in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged during the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).

The Complaints Board’s own complaints procedure is available at https://erhvervsstyrelsen.dk/klagevejledning-0.

Internet address:http://www.kfst.dk