Fakta om udbudet
EU-nr
2015/S 243-441530
Offentliggjort
16.12.2015
Udbyder
Danish Defence Acquisition and Logistics Organization (DALO)
Opdateringer
Uafsluttet procedure
Ordretildelingsproceduren er blevet afbrudt
Kontrakten kan blive genstand for en fornyet offentliggørelse
Yderligere supplerende oplysninger
DALO received a total of 19 applications for participation which have now been carefully reviewed.
The information provided by the applicants about their previous deliveries was to a great extent held in such general terms that DALO was faced with difficulties in determining which candidates had documented the most relevant previous deliveries. Thus, DALO did not have a satisfactory basis for selecting the limited number of candidates that would be invited to tender, cf. section IV.1.2) of the Contract Notice. The economic information provided could not lead to a different conclusion.
On this basis, and taking into account the operational importance of the MNVGs to the Danish Defence, DALO has made the decision to discontinue the current procedure. After the discontinuation of the current procedure, DALO will, as soon as practically possible, submit a new and revised Contract Notice for publication.
Military electronic systems
Danish Defence Acquisition and Logistics Organization (DALO)
Contract notice
Supplies
Section I: Contracting authority/entity
I.1)
Name, addresses and contact point(s)
Danish Defence Acquisition and Logistics Organization (DALO)
C/o Kammeradvokaten, Vester Farimagsgade 23
For the attention of: Morten Greva
1606 Copenhagen
DENMARK
Telephone: +45 72307814
E-mail: mogr@kammeradvokaten.dk
Internet address(es):
General address of the contracting authority/entity: http://www.forsvaret.dk/fmt
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:
Mono Night Vision Goggles (MNVG).
II.1.2)
Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: FCA, Incoterms 2010 — The Supplier's place of business.
Purchase
Main site or location of works, place of delivery or of performance: FCA, Incoterms 2010 — The Supplier's place of business.
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
Justification for a framework agreement, the duration of which exceeds seven years: The framework Agreement do not exceed 7 years.
Range: between 126 000 000 and 146 000 000 DKK
Frequency and value of the contracts to be awarded: DALO expects to make an initial purchase of 1120 MNVGs mid 2016 with the possibility to purchase additional quantities at later stages.
Duration of the framework agreement
Duration in years: 7Justification for a framework agreement, the duration of which exceeds seven years: The framework Agreement do not exceed 7 years.
Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT:Range: between 126 000 000 and 146 000 000 DKK
Frequency and value of the contracts to be awarded: DALO expects to make an initial purchase of 1120 MNVGs mid 2016 with the possibility to purchase additional quantities at later stages.
II.1.5)
Short description of the contract or purchase(s):
The objective of this Framework Agreement is to ensure that DALO for the next 7 years will be able to provide Mono Night Vision Goggles (MNVGs) for use by the individual Danish Soldier under low light level conditions, both in real combat situations as well as training situations.
DALO expects to make an initial procurement of 1120 MNVGs, including accessories (hardware for helmet mounting, daylight filters, counter weight, carrying case etc.). This Initial procurement is expected to be followed by additional procurements of the additional MNVGs as the existing PVS-14 goggles are taken out of service.
In addition to the MNVG itself and accessories, DALO may procure certain services, spare parts and special tools. The services will primarily be repairs of the MNVGs.
The MNVG is required to be ruggedized for military use and usable under all climatic conditions. FOM for the individual MNVG shall be at least 1700.
DALO expects to make an initial procurement of 1120 MNVGs, including accessories (hardware for helmet mounting, daylight filters, counter weight, carrying case etc.). This Initial procurement is expected to be followed by additional procurements of the additional MNVGs as the existing PVS-14 goggles are taken out of service.
In addition to the MNVG itself and accessories, DALO may procure certain services, spare parts and special tools. The services will primarily be repairs of the MNVGs.
The MNVG is required to be ruggedized for military use and usable under all climatic conditions. FOM for the individual MNVG shall be at least 1700.
II.1.6)
Common procurement vocabulary (CPV)
35700000, 35720000, 35810000, 33735000, 33735200
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:
Reference is made to sections II.1.4) and II.1.5).
II.2.2)
Information about options
Options: no
II.2.3)
Information about renewals
This contract is subject to renewal: no
II.3)
Duration of the contract or time limit for completion
Duration in months: 84 (from the award of the contract)
Section III: Legal, economic, financial and technical information
III.1)
Conditions relating to the contract
III.1.1)
Deposits and guarantees required:
If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.
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 with regard to the 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 Supplier and any sub-supplier(s) will be required to comply with NATO Security Regulations as implemented by the National Security Authority of the country in which the work is performed. The supplier will be required to ensure that only authorized security personnel have access to classified information or material in the course of performance of the contract.
Candidates are specifically made aware that it may be a condition precedent for signing the contract that the tenderer has entered into an Industrial Cooperation Contract with the Danish Business Authority (Erhvervsstyrelsen). Candidates should also note that the Danish legislation on industrial cooperation has been amended and that — as of 1.7.2014 — rules on industrial cooperation have entered into force. Pursuant to the new rules, industrial cooperation may be required, in so far as a concrete assessment shows that such cooperation is necessary in order to safe-guard essential Danish security interests. Such an assessment is currently being made in relation to this contract. Pre-qualified tenderers will be informed of the outcome. The rules are available at: http://danishbusinessauthority.dk/file/490061/guidelines-for-industrial-coperation-in-denmark.pdf
III.1.5)
Information about security clearance:
III.2)
Conditions for participation
III.2.1)
Personal situation
III.2.2)
Economic and financial ability
The 3 latest annual reports or a declaration stating the candidate's solvency ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the preceding three financial years, in so far as such information is available.
If the application is submitted by a joint group of suppliers (e.g. a consortium) this information must be provided for each member of the group.
Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required: Candidates shall be able to demonstrate by reference to the annual reports or declarations submitted an annual turnover of minimum 40 000 000 DKK for each of the preceding 3 financial years.
If the candidate is a group of suppliers (e.g. a consortium) the requirement may be fulfilled by the group as a whole.
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: The 3 latest annual reports or a declaration stating the annual turnover for the last 3 financial years available, in so far as information on such turnovers is available.The 3 latest annual reports or a declaration stating the candidate's solvency ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the preceding three financial years, in so far as such information is available.
If the application is submitted by a joint group of suppliers (e.g. a consortium) this information must be provided for each member of the group.
Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required: Candidates shall be able to demonstrate by reference to the annual reports or declarations submitted an annual turnover of minimum 40 000 000 DKK for each of the preceding 3 financial years.
If the candidate is a group of suppliers (e.g. a consortium) the requirement may be fulfilled by the group as a whole.
III.2.3)
Technical and/or professional capacity
1. A list of the most important deliveries of Mono Night Vision Goggles carried out over the past 5 years.
The list should preferably include:
— A description of each delivery;
— Information on when it was carried out;
— The size and value of the deliveries;
— The recipients of the deliveries (specific names/countries are preferred, but need not necessarily be included; if no country specific information is included the candidate is asked to provide as much generic information as possible about the delivery).
2. A description of the measures used by the candidate for ensuring quality.
Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required
The candidate must document experience with one or more deliveries of MNVG within the past 5 years.
The candidate must document to have a quality assurance system in place.
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:1. A list of the most important deliveries of Mono Night Vision Goggles carried out over the past 5 years.
The list should preferably include:
— A description of each delivery;
— Information on when it was carried out;
— The size and value of the deliveries;
— The recipients of the deliveries (specific names/countries are preferred, but need not necessarily be included; if no country specific information is included the candidate is asked to provide as much generic information as possible about the delivery).
2. A description of the measures used by the candidate for ensuring quality.
Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required
The candidate must document experience with one or more deliveries of MNVG within the past 5 years.
The candidate must document to have a quality assurance system in place.
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 4
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on the following criteria listed in order of priority:
(a) the relevance of the candidate's previous deliveries in comparison to the purchases described in section II.1.5), in terms of the nature and quantity of the previous deliveries and
(b) the economic and financial standing of the candidate, in terms of yearly turnover and solvency ratio.
Please note that any ambiguities and/ or incomprehensibilities in the information submitted under III.2.3).
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on the following criteria listed in order of priority:
(a) the relevance of the candidate's previous deliveries in comparison to the purchases described in section II.1.5), in terms of the nature and quantity of the previous deliveries and
(b) the economic and financial standing of the candidate, in terms of yearly turnover and solvency ratio.
Please note that any ambiguities and/ or incomprehensibilities in the information submitted under III.2.3).
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
An electronic auction has been used: no
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: 2013/S 174-300469 of 7.9.2013
IV.3.3)
Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)
Time limit for receipt of tenders or requests to participate
15.1.2016 - 13:00
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:
Negotiated procedure.
This tender is conducted according to the negotiated procedure, cf. Directive 2009/81/EC, Article 26. The candidates who are invited to submit tenders will receive further information regarding the negotiated procedure in the Instructions to Tenderers. Please note that DALO reserves the right to regard the first indicative offer (INDO1) as a best and final offer (BAFO) and to close the tender procedure and award the contract on the basis of the submitted INDO1, i.e. without conducting any negotiations.
Pre-Qualification Questionnaire:
DALO has prepared a pre-qualification 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.
Submission of applications for pre-qualification:
Requests for participation may not be submitted by e-mail. Instead, requests for participation must sent by post (or handed over) to the contact person named in section I.1). Requests for participation should preferably be submitted in a sealed envelope marked ‘Mono Night Vision Goggles — request for participation. Must not be opened in the reception’.
Re. Section III.2.1): Solemn declaration regarding the candidate's payment of taxes and social security contributions:
When submitting the offers (but not the application for pre-qualification), the tenderers must submit a solemn declaration stating to which degree the tenderer has fulfilled its obligations relating to the payment of direct and indirect taxes and social security contributions in accordance with the legal provisions of the country in which the candidate is established and in Denmark in accordance with consolidation act no. 336 of 13 May 1997 regarding public payments. A template for the declaration will be provided with the tender material.
Re. Section III.2): Relying on the capacities of other entities:
According to the EU public procurement rules, a candidate may rely on the economic, financial and/or technical 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 pre-qualification questionnaire referred to above.
Contact information:
When submitting contact details, candidates are encouraged to submit as much information as possible and preferably also the e-mail address of the candidate's contact person.
Non-compliance with formal requirements:
DALO reserves the right — but is not obliged — to use the remedies provided for in Section 12 of the Danish statutory order on procedures for the award of public supply contracts, public service contracts and public construction contracts (Order no 712 of 15.6.2011) if applications or tenders do not fulfil the formalities of the tender material.
Testing:
Testing of the Mono Night Vision Goggle is expected to be carried out during week 14 2016. Testing will include physical stress tests as well as operational tests.
The tenderers are requested to have skilled personnel available for the MNVG testing for at least two days within the test period. The exact test period will be chosen by DALO at a later stage.
This tender is conducted according to the negotiated procedure, cf. Directive 2009/81/EC, Article 26. The candidates who are invited to submit tenders will receive further information regarding the negotiated procedure in the Instructions to Tenderers. Please note that DALO reserves the right to regard the first indicative offer (INDO1) as a best and final offer (BAFO) and to close the tender procedure and award the contract on the basis of the submitted INDO1, i.e. without conducting any negotiations.
Pre-Qualification Questionnaire:
DALO has prepared a pre-qualification 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.
Submission of applications for pre-qualification:
Requests for participation may not be submitted by e-mail. Instead, requests for participation must sent by post (or handed over) to the contact person named in section I.1). Requests for participation should preferably be submitted in a sealed envelope marked ‘Mono Night Vision Goggles — request for participation. Must not be opened in the reception’.
Re. Section III.2.1): Solemn declaration regarding the candidate's payment of taxes and social security contributions:
When submitting the offers (but not the application for pre-qualification), the tenderers must submit a solemn declaration stating to which degree the tenderer has fulfilled its obligations relating to the payment of direct and indirect taxes and social security contributions in accordance with the legal provisions of the country in which the candidate is established and in Denmark in accordance with consolidation act no. 336 of 13 May 1997 regarding public payments. A template for the declaration will be provided with the tender material.
Re. Section III.2): Relying on the capacities of other entities:
According to the EU public procurement rules, a candidate may rely on the economic, financial and/or technical 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 pre-qualification questionnaire referred to above.
Contact information:
When submitting contact details, candidates are encouraged to submit as much information as possible and preferably also the e-mail address of the candidate's contact person.
Non-compliance with formal requirements:
DALO reserves the right — but is not obliged — to use the remedies provided for in Section 12 of the Danish statutory order on procedures for the award of public supply contracts, public service contracts and public construction contracts (Order no 712 of 15.6.2011) if applications or tenders do not fulfil the formalities of the tender material.
Testing:
Testing of the Mono Night Vision Goggle is expected to be carried out during week 14 2016. Testing will include physical stress tests as well as operational tests.
The tenderers are requested to have skilled personnel available for the MNVG testing for at least two days within the test period. The exact test period will be chosen by DALO at a later stage.
VI.4)
Procedures for appeal
VI.4.1)
Body responsible for appeal procedures
The Complaints Board for Public Procurement
Dahlerups Pakhus, Langelinie Allé 17
2100 Copenhagen Ø
DENMARK
E-mail: klfu@erst.dk
Telephone: +45 35291000
Internet address: http://www.klfu.dk
VI.4.2)
Lodging of appeals
Precise information on deadline(s) for lodging appeals: As a consequence of the Danish act no 492 of 12.5.2010 with subsequent amendments regarding enforcement of the rules for procurement etc., 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, if the notification includes a short account of the relevant reasons for the decision.
Other complaints must be filed with The Complaints Board for Public Procurement within 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).
However, if the tender concerns a framework agreement complaints must be filed with The Complaints Board for Public Procurement within 6 months after the Contracting Authority has sent notification to the candidates/tenderers involved that the Contracting Authority has entered into the framework agreement if the notification included a short account of the relevant reasons for the decision.
The complainant must inform the contracting authority of the appeal in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the appeal has not been lodged in the stand-still period, the appellant must also state whether it is requested that the appeal is granted delaying effect.
Other complaints must be filed with The Complaints Board for Public Procurement within 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).
Other complaints must be filed with The Complaints Board for Public Procurement within 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).
However, if the tender concerns a framework agreement complaints must be filed with The Complaints Board for Public Procurement within 6 months after the Contracting Authority has sent notification to the candidates/tenderers involved that the Contracting Authority has entered into the framework agreement if the notification included a short account of the relevant reasons for the decision.
The complainant must inform the contracting authority of the appeal in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the appeal has not been lodged in the stand-still period, the appellant must also state whether it is requested that the appeal is granted delaying effect.
Other complaints must be filed with The Complaints Board for Public Procurement within 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).
VI.4.3)
Service from which information about the lodging of appeals may be obtained
The Danish Competition and Consumer Authority
Carl Jacobsens Vej 35
2500 Valby
DENMARK
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
VI.5)
Date of dispatch of this notice:
11.12.2015