Internet address(es):

Main address: http://fmi.dk

Oils, lubricants and related special products.

This contract notice concerns the establishment of a framework agreement in connection with the supply of oils, lubricants and other related special products for the Danish Defence. The products are used in connection with the maintenance of e.g. motor vehicles, aircraft, naval vessel and radar facilities in the Danish Defence. The tender covers both packed goods and bulk delivery of oils, lubricants and related special products.

The products shall be delivered at different locations in Denmark. The framework agreement does not concern deliveries in Greenland, Faroe Islands and Bornholm.

This framework agreement comprises approximately 100 different products that shall be delivered in different packaging sizes. It is not a mandatory requirement that the tenderer bids on all of the different products, but if the tenderer bids on a product it is a mandatory requirement that all the different packaging sizes of the product are offered. The Danish Defence Acquisition and Logistics Organisation will evaluate the incoming offers on a product level based on the evaluation criteria stated in the Instruction to tenderers documents. When DALO has found the winning tenderers for each product the framework agreement will be split into lots. If this split should result in more than ten (10) lots DALO will make use of the following provision, that the tenderer as a minimum shall win five (5) products in order to be awarded a Contract, to ensure that the total number of Contracts within this tender remains at a manageable level.

The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all divisions of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement. The framework agreement will be split into lots in accordance with the description in section II.2.4).

The tenderer must use the European Single Procurement Document as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the tenderer fulfils the minimum requirement stated below with respect to the the standards required. Prior to DALO's decision concerning award of the contract, the tenderer to whom DALO intends to award the contract must submit documentation for the information given in the European Single Procurement Document in accordance with § 151 of the said Act. Reference is made to The Danish Competition and Consumer Authority's guidance note concerning the European Single Procurement Document available at http://www.kfst.dk

In this respect the following information shall be submitted in the European Single Procurement Document. Please note that prior to award of the contract, the information submitted must be verified by DALO in accordance with §§ 151-155 of the Danish Act on Public Procurement.

In this respect the following documentation shall be submitted:

A list of the most important similar deliveries carried out over the past three 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, including size of recipient (specific names/countries are preferred, but need not necessarily be included; if no country specific information is included the tenderer is asked to provide as much generic information as possible about the delivery).

The tenderer must demonstrate experience with as a minimum 1 similar delivery within the past three (3) years. By similar deliveries is understood a) deliveries of oils and/ or lubricants to a company or enterprise with more than 50 employees or b) deliveries of oils and/or lubricants which have taken place under a government contract.

The information must be stated in the European Single Procurement Document, section IV.C.

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.

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.

Tenderers should note that the contract will include a labour clause cf. Appendix B to the contract.

For further information see the ‘additional information’ document available at the URL address in section I.3).

In accordance with the Danish Act on Public Procurement (act No 1564 of 15.12.2015 — available at www.retsinformation.dk) § 148 DALO must demand that the candidate completes the European Single Procurement Document as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the candidate fulfils the requirements listed in § 148(1) of the said Act. Reference is made to The Danish Competition and Consumer Authority's guidance note concerning the European Single Procurement Document available at http://www.kfst.dk

The candidates must use the electronic version of the European Single Procurement Document (eESPD) available at https://ec.europa.eu/growth/tools-databases/espd/welcome

On this website the xml-file available at the URL address in section I.3) must be imported and completed. No other versions of the European Single Procurement Document than the eESPD should be used.

A candidate participating alone and who does not rely on the capacity of other entities to fulfil the criteria for choosing the limited number of candidates shall only complete one European Single Procurement Document.

For further information see the ‘additional information’ document available at the URL address in section I.3).

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

Pursuant to the Danish Act on 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 calender days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 171 (2) of the Danish Act on Public Procurement (act No 1564 of 15.12.2015 — available at www.retsinformation.dk) of § 7 (1) of the Danish 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 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, cf. § 2 (2) or § 171 (4) of the Act on Public Procurement, 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. § 185 (2) of the Act on Public Procurement.

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 email 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.

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