Official name: Danish Defence Acquisition and Logistics Organization
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK0 DANMARK
Postal code: 2750
Country: Denmark
Contact person: Hanne Thode
E-mail: fmi-sd-aam05@mil.dk
Telephone: +45 72814282
Internet address(es):
Main address: www.fmi.dk

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/fe7281b7-1faa-49f9-884d-ade412bcaddb/publicMaterial

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: https://www.ethics.dk/ethics/eo#/fe7281b7-1faa-49f9-884d-ade412bcaddb/homepage

Tenders or requests to participate must be submitted to the abovementioned address

Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.ethics.dk/ethics/eo#/fe7281b7-1faa-49f9-884d-ade412bcaddb/homepage

Ministry or any other national or federal authority, including their regional or local subdivisions

Defence

Acquisition of F-54 Automotive Diesel Fuel (Lot 1), F-35 Jet Fuel (Lot 2) and F-75 Marine Gas Oil (Naval Fuel) (Lot 3)

09100000 Fuels

Supplies

The Danish Defence requires:

— F-54 Automotive Diesel Fuel (Lot 1) for a range of ground based equipment, ranging from vehicles to emergency power generators. The fuel shall be able to be delivered by ship to Esbjerg Port, by ship to Fredericia Port and by refinery in Fredericia connected to the North European Pipeline System;

— F-35 Jet Fuel (Lot 2) for a range of aviation capacities, ranging from fighters to transporters and helicopters. The fuel shall be able to be delivered by ship to Esbjerg Port, by ship to Fredericia Port and by refinery in Fredericia connected to the North European Pipeline System; and

— F-75 Marine Gas Oil (Naval Fuel) (Lot 3) for a range of naval based capacities, ranging from smaller vessels to be used in domestic Waters to larger ocean going vessels. The fuel shall be delivered at port on the two Danish Naval Bases in Frederikshavn (Frederikshavn Port) and Korsoer (Korsoer Port).

This contract is divided into lots: yes

Tenders may be submitted for all lots

F-54 Automotive Diesel Fuel

Lot No: Lot No. 1

09134220 Diesel fuel (EN 590)

NUTS code: DK0 DANMARK

F-54 Automotive Diesel Fuel for a range of ground based equipment, ranging from vehicles to emergency power generators.

Criteria below

Price

Value excluding VAT: 20 000 000.00 DKK

Duration in months: 48

This contract is subject to renewal: no

Variants will be accepted: no

Options: no

The procurement is related to a project and/or programme financed by European Union funds: no

The agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the agreement.

F-35 Jet Fuel

Lot No: Lot No. 2

09131000 Aviation kerosene

09131100 Kerosene jet type fuels

NUTS code: DK0 DANMARK

F-35 Jet Fuel for a range of aviation capacities, ranging from fighters to transporters and helicopters.

Criteria below

Price

Value excluding VAT: 950 000 000.00 DKK

Duration in months: 48

This contract is subject to renewal: no

Variants will be accepted: no

Options: no

The procurement is related to a project and/or programme financed by European Union funds: no

The agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the agreement.

F-75 Marine Gas Oil (Naval Fuel)

Lot No: Lot No. 3

09134000 Gas oils

NUTS code: DK0 DANMARK

F-75 Marine Gas Oil (Naval Fuel) for a range of naval based capacities, ranging from smaller vessels to be used in domestic waters to larger ocean going vessels.

Criteria below

Price

Value excluding VAT: 250 000 000.00 DKK

Duration in months: 48

This contract is subject to renewal: no

Variants will be accepted: no

Options: no

The procurement is related to a project and/or programme financed by European Union funds: no

The agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the agreement.

List and brief description of selection criteria:

The tenderer 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 tenderer’s equity with the tenderer’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 tenderer’s equity ratio (calculated by dividing the tenderer’s equity with the tenderer’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. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the tenderer 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 tenderer 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 tenderer 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 tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer shall ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderers own ESPD. The entity or entities’ ESPD must equally provide the information listed above.

Minimum level(s) of standards possibly required:

The tenderer must have had a positive equity ratio in each of the last 3 financial years. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100).

If the tenderer 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 tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’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.

List and brief description of selection criteria:

N/A

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 framework agreement must be conducted in consideration of corporate social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

Open procedure

The procurement involves the establishment of a framework agreement

Framework agreement with several operators

Envisaged maximum number of participants to the framework agreement: 3

The procurement is covered by the Government Procurement Agreement: yes

Date: 19/11/2020

Local time: 10:00

Danish, English

Duration in months: 6 (from the date stated for receipt of tender)

Date: 19/11/2020

Local time: 10:00

This is a recurrent procurement: yes

DALO demands that the tenderer and each of the legal entities whose economic and financial capacities the tenderer relies on undertake joint and several liability for the performance of the contract.

Regarding section IV.2.4): questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English. DALO will conduct an information meeting on 4 November 2020. The meeting will be conducted in English and DALO will distribute minutes of the meeting in English.

Regarding section II.2.6): the estimated value of the framework agreements for each of the 3 lots is as follows:

Lot 1: F-54 (DKK 10 000 000-20 000 000),

Lot 2: F-35 (DKK 550 000 000-950 000 000), and

Lot 3: F-75 (DKK 150 000 000-250 000 000).

The reason for the interval stated is the uncertainty regarding the actual value of the framework agreements. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreements at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreements in its duration.

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 tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, and that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2).

The tenderer and, if relevant, the participants in the group of entities or/and entities on which the tenderer 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 tenderer relies on the capacity of other entities, cf. section III.1.2), the tenderer shall upon request provide statements of support or other documentation proving that the tenderer has access to the necessary economic and financial standing, and that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DALO cannot consider the economic and financial standing of the other entity or entities. DALO has prepared a template (Form for submission of commitment) to be used to confirm the legal obligation which is available at ETHICS. DALO strongly encourages the tenderers to use this form. However, it is emphasised that it is the sole responsibility of the tenderer that the information provided fulfils the requirements.

DALO shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the tenderer has provided sufficient documentation that the tenderer 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.

Regarding contract notice section II.1.6): since the procurement is divided into lots the tenderer is asked to state in the ESPD Part II, section A which lot or lots the offer concerns. Please note, that a tenderer can only submit one offer for each lot.

For further information regarding this procurement, please see the enclosed document ‘Additional information to Contract Notice’.

Official name: Klagenævnet for Udbud (The Complaints Board for Public Procurement)
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/

Precise information on deadline(s) for review procedures:

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 public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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 starting the day after the contracting authority has sent notification to the candidates/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).

Official name: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
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

19/10/2020