Framework Agreement with Several Operators for Evaluation of Active Substances for Pesticides

The purpose of the contract is to assist the Danish EPA with technical assessments of active substances, comments on technical assessments by other Member States, and to help develop frameworks and guidance documents for the assessments. To a lesser extent, the contract may include services related to technical advice in connection with developing and commenting on assessment frameworks, guidance documents, etc.

Ecotoxicology

The purpose of the contract is to assist the Danish EPA with technical assessments of active substances, comments on technical assessments by other Member States, and to help develop frameworks and guidance documents for the assessments. To a lesser extent, the contract may include services related to technical advice in connection with developing and commenting on assessment frameworks, guidance documents, etc.

The contract will be entered into as a framework agreement with sub-contracts in the fields of ecotoxicology, environmental fate and behaviour, toxicology, physical-chemical properties (including analytical methods) and microorganisms. Several suppliers can be contracted for each sub-contract. The framework agreement will enable the Danish EPA to agree on delivery of specific services with the relevant suppliers on an ongoing basis within the areas covered by the sub-contracts. Tasks will be assigned in accordance with the evaluation scores, i.e. the tenderer with the highest score will be assigned as the primary contractor, the tenderer with the second best evaluation as the secondary contractor etc. If the primary contractor is not able to perform the specific task, e.g. due to conflict of interests (e.g. involvement in previous assessment of active substance for applicant), capacity issues or other reasonable concerns, the task is assigned to the secondary contractor etc. It is expected that 1-3 tenderers will be assigned to each individual sub-contract.

Environmental Fate and Behaviour

The purpose of the contract is to assist the Danish EPA with technical assessments of active substances, comments on technical assessments by other Member States, and to help develop frameworks and guidance documents for the assessments. To a lesser extent, the contract may include services related to technical advice in connection with developing and commenting on assessment frameworks, guidance documents, etc.

The contract will be entered into as a framework agreement with sub-contracts in the fields of ecotoxicology, environmental fate and behaviour, toxicology, physical-chemical properties (including analytical methods) and microorganisms. Several suppliers can be contracted for each sub-contract. The framework agreement will enable the Danish EPA to agree on delivery of specific services with the relevant suppliers on an ongoing basis within the areas covered by the sub-contracts. Tasks will be assigned in accordance with the evaluation scores, i.e. the tenderer with the highest score will be assigned as the primary contractor, the tenderer with the second best evaluation as the secondary contractor etc. If the primary contractor is not able to perform the specific task, e.g. due to conflict of interests (e.g. involvement in previous assessment of active substance for applicant), capacity issues or other reasonable concerns, the task is assigned to the secondary contractor etc. It is expected that 1-3 tenderers will be assigned to each individual sub-contract.

Physical-Chemical Properties and Analytical Methods

The purpose of the contract is to assist the Danish EPA with technical assessments of active substances, comments on technical assessments by other Member States, and to help develop frameworks and guidance documents for the assessments. To a lesser extent, the contract may include services related to technical advice in connection with developing and commenting on assessment frameworks, guidance documents, etc.

The contract will be entered into as a framework agreement with sub-contracts in the fields of ecotoxicology, environmental fate and behaviour, toxicology, physical-chemical properties (including analytical methods) and microorganisms. Several suppliers can be contracted for each sub-contract. The framework agreement will enable the Danish EPA to agree on delivery of specific services with the relevant suppliers on an ongoing basis within the areas covered by the sub-contracts. Tasks will be assigned in accordance with the evaluation scores, i.e. the tenderer with the highest score will be assigned as the primary contractor, the tenderer with the second best evaluation as the secondary contractor etc. If the primary contractor is not able to perform the specific task, e.g. due to conflict of interests (e.g. involvement in previous assessment of active substance for applicant), capacity issues or other reasonable concerns, the task is assigned to the secondary contractor etc. It is expected that 1-3 tenderers will be assigned to each individual sub-contract.

Toxicology

The purpose of the contract is to assist the Danish EPA with technical assessments of active substances, comments on technical assessments by other Member States, and to help develop frameworks and guidance documents for the assessments. To a lesser extent, the contract may include services related to technical advice in connection with developing and commenting on assessment frameworks, guidance documents, etc.

The contract will be entered into as a framework agreement with sub-contracts in the fields of ecotoxicology, environmental fate and behaviour, toxicology, physical-chemical properties (including analytical methods) and microorganisms. Several suppliers can be contracted for each sub-contract. The framework agreement will enable the Danish EPA to agree on delivery of specific services with the relevant suppliers on an ongoing basis within the areas covered by the sub-contracts. Tasks will be assigned in accordance with the evaluation scores, i.e. the tenderer with the highest score will be assigned as the primary contractor, the tenderer with the second best evaluation as the secondary contractor etc. If the primary contractor is not able to perform the specific task, e.g. due to conflict of interests (e.g. involvement in previous assessment of active substance for applicant), capacity issues or other reasonable concerns, the task is assigned to the secondary contractor etc. It is expected that 1-3 tenderers will be assigned to each individual sub-contract.

Microbial Active Substances

The purpose of the contract is to assist the Danish EPA with technical assessments of active substances, comments on technical assessments by other Member States, and to help develop frameworks and guidance documents for the assessments. To a lesser extent, the contract may include services related to technical advice in connection with developing and commenting on assessment frameworks, guidance documents, etc.

The contract will be entered into as a framework agreement with sub-contracts in the fields of ecotoxicology, environmental fate and behaviour, toxicology, physical-chemical properties (including analytical methods) and microorganisms. Several suppliers can be contracted for each sub-contract. The framework agreement will enable the Danish EPA to agree on delivery of specific services with the relevant suppliers on an ongoing basis within the areas covered by the sub-contracts. Tasks will be assigned in accordance with the evaluation scores, i.e. the tenderer with the highest score will be assigned as the primary contractor, the tenderer with the second best evaluation as the secondary contractor etc. If the primary contractor is not able to perform the specific task, e.g. due to conflict of interests (e.g. involvement in previous assessment of active substance for applicant), capacity issues or other reasonable concerns, the task is assigned to the secondary contractor etc. It is expected that 1-3 tenderers will be assigned to each individual sub-contract.

Valid business liability insurance.

It is a minimum requirement that the tenderer has a valid business liability insurance with a minimum coverage of a corresponding value of DKK 3 200 000.

In relation to documentation of economic and financial standing, the tenderer is required to provide.

Documentation for valid business liability insurance.

1) The tenderer can provide at least one employee in the tender with experience as project manager;

2) A list of maximum 5 references on the most significant deliveries of similar services as the one offered contract concluded within the last 5 years (calculated from the tender deadline), indicating the amounts, dates and recipients, both public and private.

— it is a minimum requirement that the tenderer can provide at least one employee included in the tender for the tendered sub-contract(s) with a minimum of 3 years documented experience as project manager,

— it is a minimum requirement that the tenderer can document at least two examples of relevant deliveries within the scope of the tendered sub-contract(s) within the last 5 years.

The tenderer is obliged to comply with the contracting authority’s labour clause in connection with its performance of the framework agreement.

Odense, Denmark

It will not be possible to attend the opening of tenders.

No remuneration, fee or similar charge is payable for participation in the tender. This also applies in the event that the contracting authority decides to abandon the tender without awarding any contract.

In addition to the mandatory grounds for exclusion set out in sections 135 and 136 of the Danish Public Procurement Act, the following discretionary grounds for exclusion apply in connection with this tender: The Danish Public Procurement Act, section 137(1) (ii) on bankruptcy etc.

For the final and full wording of the above-mentioned provisions, see the provisions of the Danish Public Procurement Act.

The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act.

Prior to the decision on award of the framework agreement, documentation of the information provided in the ESPD must be provided, see sections 151 and 152 of the Danish Public Procurement Act.

A tenderer to whom a ground for exclusion applies is excluded from participating in the tender, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act. The contracting authority may only exclude a tenderer if the contracting authority has informed the tenderer that a ground for exclusion applies to it and if it has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning). For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act.

By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii), the following must be provided in accordance with section 153 of the Danish Public Procurement Act:

— an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii),

— where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii), 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 before a competent judicial authority; etc.

For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis.

Pursuant to Consolidated Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement as amended, the following time limits apply to the filing of requests for a review procedure:

Complaints about procurement procedures or decisions falling within Part II of the Danish Public Procurement Act which are not covered by subsection 1 of the Act, must, according to section 7(2) of the Act, be filed with the Danish Complaints Board for Public Procurement within:

1) 45 calendar days of the contracting authority having published a notice in the Official Journal of the European Union to the effect that the contracting authority has entered into a contract. The time limit is calculated from the date after the date when the notice was published;

2) 30 calendar days, calculated from the date after the date when the contracting authority notified the affected tenderers that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into, if the notification contained a statement of the reasons for the decision;

3) 6 months of the contracting authority having entered into a framework agreement, counted from the date after the date when the contracting authority notified the affected candidates and tenderers, see section 2(2) of the Act, or section 171(4) of the Danish Public Procurement Act;

4) 20 calendar days calculated from the date after the contracting authority has announced its decision, see section 185(2), second sentence, of the Danish Public Procurement Act.

If a contracting authority has complied with the procedure outlined in section 4 of the Act to ensure that a contract is not declared void, see section 7(3) of the Act, an application for a review of whether the contracting authority has entered into a contract in contravention of the Public Procurement Directive without prior publication of a contract notice in the Official Journal of the European Union must be filed with the Danish Complaints Board for Public Procurement within 30 calendar days calculated from the date after the date when the contracting authority has published a notice in the Official Journal of the European Union stating that the contracting authority has entered into a contract, provided that the notice contains the reasons for the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.

Not later than on the date of the filing of an application for a review procedure with the Danish Complaints Board for Public Procurement, the applicant must notify the contracting authority in writing that an application for a review procedure has been filed with the Danish Complaints Board for Public Procurement, see section 6(4) of the Act. Furthermore, the contracting authority must be informed of whether the application for a review procedure has been filed in the stand-still period, see section 3(1) or (2) of the Act, or during the period of 10 calendar days laid down in section 4(1)(ii). In cases where the application for a review procedure has not been filed in the above-mentioned periods, the applicant must also state whether the applicant has applied for a stay pending the outcome of the review procedure, see section 12(1) of the Act.

The Danish Complaints Board for Public Procurement’s own review procedure guidelines are available on www.klfu.dk