Fakta om udbudet

EU-nr

2016/S 092-165044

Offentliggjort

13.05.2016

Udbudstype

Udbud efter forhandling

Udbyder

Danish Defence Acquisition and Logistics Organization (DALO)

Mono Night Vision Goggles (MNVG)

Danish Defence Acquisition and Logistics Organization (DALO)

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 Organization (DALO)
c/o Kammeradvokaten, Vester Farimagsgade 23
For the attention of: Line Westh
1606 Copenhagen
DENMARK
Telephone: +45 72307346
E-mail: liwe@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.

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 years: 10
Justification for a framework agreement, the duration of which exceeds seven years: DALO has determined that there may be a need for a duration of the agreement for 10 years in total. Such a duration is justified based on the following grounds in particular: The expected service life of a MNVG is 10 years in total. DALO expects to make an initial procurement of 1 120 MNVGs, including accessories (such as mounting brackets, BNVG brackets, counter weight, daylight filters etc.). An important concern is the purchase of helmet brackets, which are the most crucial part of the system besides the MNVG, and which often need to be replaced due to the nature of their use.
The purchase of the helmet brackets is expected to be of a low value of less than 5 % of the estimated total value of purchases for the entire duration of the agreement, however as the helmet brackets are expected to be designed specifically to the specific MNVG, these cannot easily be replaced by another supplier. Consequently it is important that such helmet brackets can be purchased from the supplier in at least 10 years, which is the expected service lifetime of the initially purchased MNVG.

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 1 120 MNVGs 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 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 1 120 MNVGs, including accessories (such as mounting brackets, BNVG brackets, counter weight, daylight filters 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 include training of the Danish user instructors and technical personnel, and occasional 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 1 700.

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: 120 (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 1 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 — new 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 new 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

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.
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 turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published).
If the application is submitted by a joint group of suppliers (e.g. a consortium), the minimum requirement may be fulfilled by the total turnover of the suppliers in the group. Similarly, if the candidate relies on the capacity of other entities, the minimum requirement may be fulfilled by the total turnover of the candidate and the other entity/entities.

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:
Information and formalities necessary for evaluating if the requirements are met:
1. A list of the most important deliveries of Mono Night Vision Goggles (MNVG) carried out over the past 5 years.
The list should preferably include:
— A description of each delivery (the description of the delivery should be as precise and detailed as possible and contain a breakdown of the delivery into relevant categories (such as MNVG, services, spare parts and accessories) and if possible with information regarding the delivery's product specifications such as model, version, etc.);
— Quantity of MNVGs of each delivery;
— FOM values of the delivered equipment;
— Value of the delivery;
— Information on when it was carried out;
— 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 at least 1 delivery consisting of at least 1 100 MNVG units, with FOM value of 1 400 or over (minimum value for each unit), within the past 5 years. Please note that deliveries described with FOM values as ‘at least 1 300’ or ‘up to 1 400’ or ‘average 1 400’ do not meet the condition.
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 an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the purchases described in section II.1.5) above, in terms of the nature and quantity of the previous deliveries. Please note that any ambiguities and/or incomprehensibilities in the information submitted under section III.2.3) 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

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: 2015/S 243-441530 of 16.12.2015

Other previous publications

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

10.6.2016 - 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:

This tender is conducted according to the negotiated procedure, cf. Directive 2009/81/EC of the European Parliament and the Council, 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.
Special requirements in the tender material:
Applicants should note that the tender material will contain requirements pursuant to Directive 2009/81/EC of the European Parliament and the Council, Article 23, after which the tenderer, who is invited to submit a tender, must enclose necessary documentation to demonstrate that the tenderer will be able to honour its contractual obligations regarding the export, transfer and transit of goods associated with the contract.
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. The questionnaire is available upon request from the contact point stated in I.1) above.
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). Candidates are asked to submit applications for pre-qualification in 1 hard-copy and electronically on a CD/ USB or equivalent medium in a sealed envelope marked ‘Mono Night Vision Goggles — request for participation. Must not be opened in the reception’. In case of discrepancy between the hard-copy and the electronic version, the hard-copy shall take precedence.
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 the country in which the candidate is established and in Denmark. A template for the declaration will be provided with the tender documents.
Re. Section III.2): Relying on the capacities of other entities:
According to the EU public procurement directives, 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 remedies equal to the remedies provided for in Section 159(5) of the Danish Act No 1564 of 15.12.2015 on tender procedures if applications or tenders do not fulfil the formalities of the tender documents.

VI.4) Procedures for appeal

VI.4.1) Body responsible for appeal procedures

Klagenævnet for udbud (The Complaints Board for Public Procurement)
Dahlerups Pakhus, Langelinie Allé 17
2100 Copenhagen Ø
DENMARK
E-mail: klfu@erst.dk
Internet address: http://www.erhvervsstyrelsen.dk/klagenaevnet-for-udbud

VI.4.2) Lodging of appeals

Precise information on deadline(s) for lodging appeals: Pursuant to Danish act on The Complaints Board for Public Procurement (act No 492 of 12.5.2010 with subsequent amendments — 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, provided that 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:
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 Danish act on Public Procurement (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 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 The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the inter-net 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: http://www.kfst.dk

VI.5) Date of dispatch of this notice:

10.5.2016

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Virksomhedsløsning

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Fakta om udbudet

Mono Night Vision Goggles (MNVG)

Danish Defence Acquisition and Logistics Organization (DALO)