Internet address(es):

Main address: www.forsvaret.dk/fmi

Acquisition of F-54 Automotive Diesel Fuel, F-35 Jet Fuel and F-75 Marine Gas Oil (Naval Fuel).

The Danish Defence requires:

— F-54 Automotive Diesel Fuel for a range of ground based equipment, ranging from vehicles to emergency power generators. The fuel shall be delivered by ship to Esbjerg Port and either by ship to Fredericia Port or from a refinery connected to the North European Pipeline System at the Suppliers own choice,

— F-35 Jet Fuel for a range of aviation capacities, ranging from fighters to transporters and helicopters. The fuel shall be delivered by ship to Esbjerg Port and either by ship to Fredericia Port or from a refinery connected to the North European Pipeline System at the Suppliers own choice and

— 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. The fuel shall be to be delivered at port on the two Danish Naval Bases in Frederikshavn (Frederikshavn Port) and Korsoer (Korsoer Port).

F-54 Automotive Diesel Fuel.

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

In relation to item II.2.6) please note the the amount is an estimate of the expected contract value for the full duration of the contract based on the current level of prices.

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.

F-35 Jet Fuel.

F-35 jet fuel.

In relation to item II.2.6) please note the the amount is an estimate of the expected contract value for the full duration of the contract based on the current level of prices.

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.

F-75 Marine Gas Oil (Naval Fuel).

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.

In relation to item II.2.6) please note the the amount is an estimate of the expected contract value for the full duration of the contract based on the current level of prices.

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 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, cf. § 148(1), cf. § 145(2) of the Danish Act on Public Procurement (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk). 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/~/media/KFST/Publikationer/Dansk/2015/Vejledning%20til%20ESPDen.pdf

In this respect the following documentation shall be submitted:

A list of the most important similar deliveries carried out over the past 3 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 tenderer is asked to provide as much generic information as possible about the delivery).

In relation to section III.1.3) please note, that the tenderer may rely on the capacities of other entities (eg. a parent or sister company or a subsupplier), regardless of the legal nature of the links between them. Where a tenderer wants to rely on the capacities of other entities, it shall prove to DALO that it will have at its disposal the resources necessary, for example, by producing a commitment or other documentation from those entities confirming their legal obligation to provide the necessary resources for the duration of the contract. If such documentation is not provided DALO can not take the other entities' capacities into account. DALO has made a form for submission of the commitment which is available at http://permalink.mercell.com/56479593.aspx and which must be completed in addition to the European Single Procurement Document. DALO strongly encourages the tenderers to use this form when submitting their offers. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements.

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

The tenderer must demonstrate experience with at least 1 customer relationship on a similar delivery, cf. section II.1.4), within the past three years. By similar delivery shall also be understood a fuel product of F-54, F-35, F-75 or equivalent fuel types and a total volume of minimum 3 000 m3 a year.

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 one supplier to represent the group.

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 tenderer completes 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 requirements listed in § 148(1) of the said Act. Reference is made to The Danish Competi-tion and Consumer Authority's guidance note concerning the European Single Procurement Document available at http://www.kfst.dk/~/media/KFST/Publikationer/Dansk/2015/Vejledning%20til%20ESPDen.pdf.

A tenderer participating alone and who does not rely on the capacity of other entities shall only complete one European Single Procurement Document. A tenderer participating alone who does rely on the capacity of other entities shall ensure that DALO receives his own European Single Procurement Document together with a separate European Single Procurement Document with the relevant information for each of the entities that the tenderer relies on. Finally when groups of entities, including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate European Single Procurement Document with the information required in section II-IV.

Prior to decision on award of the contract documentation for the information stated in the European Single Procurement Document must be produced, cf. §§ 151 and 152 of the said Act. Further information and the applicable time limit is found in the tender documents. DALO further reserves the right to at any stage of the tender procedure to request a tenderer to submit documentation, if this is required to secure that the procedure is conducted correctly. In this situation DALO will set an appropriate time limit for submission of the documentation.

DALO shall exclude a tenderer from participation in the tender procedure, if the tenderer is subject to one of the mandatory exclusion grounds in §§ 135 and 136 of the said Act. The tenderer shall submit information in this respect in the European Single Procurement Document. Special attention is drawn to the fact that certain voluntary exclusion grounds have been made mandatory in § 136 of the Act. For further information see the ‘additional information’ document available at the URL address in section I.3). Please refer to The Danish Competition and Consumer Authority's guidance note for correct completion of the European Single Procurement Document.

Submission of offers:

Tenderers are asked to submit offers via Mercell Sourcing Service: http://permalink.mercell.com/56479593.aspx.

Offers cannot be submitted by e-mail.

Non-compliance with formal requirements:

DALO reserves the right — but is not obliged — to use the remedies provided for in Section 159(5) of the the Danish Act on Public Procurement (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk) if offers do not fulfil the formalities of the tender documents.

For each lot DALO will enter into parallel Framework Agreements with up to 3 suppliers.

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

Internet address:http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

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, cf. § 171(2) of of the Danish act on Public Procurement (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk) or § 2(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 e-mail 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