Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/7f3bca68-ba95-4daa-a2e8-f822c6ce203e/homepage

Cleaning and disinfection of material belonging to the Danish Defenc.

DALO is in charge of entering a framework agreement that meets the Danish Defence’s demand for domestic and international support for cleaning and disinfection. When the Danish Defence or its allied do not perform the cleaning and disinfection, the tenderer shall be in charge of cleaning and disinfection off ex. vehicles, electronic equipment, containers etc. which either have been deployed from international missions and exercises or which are going to be deployed to international mission and exercises. The cleaning is to be done on the surface and/or the inside of the equipment, depending on the nature of the purchase order.

The framework agreement tendered is non-exclusive, as DALO has its own capacities as well as capacities from other armed forces nations. DALO furthermore wishes to make use of a cascade model with up to 3 tenderers being awarded the contract.

The tenderer shall worldwide be able to carry out cleaning and if needed, disinfection of the Danish Defence equipment before or after a mission. To illustrate the scope of DALO´s expected demand, DALO used the service by our current supplier in the timeframe 2014-2016:

— In 2014 DALO´s need for the service was 10 times in Denmark and 3 times in the United Arab Emirates. The tasks ranged from 3 – 435 hours,

— In 2015 DALO´s need for the service was 21 times in Denmark and one time in Kuwait. The tasks ranged from 20 – 290 hours,

— In 2016 DALO´s need for the service was 7 times in Denmark and one time in Lithuania. The tasks in Denmark ranged from 8 – 300 hours.

The task in Lithuania was in connection with a larger NATO-exercise. The task was carried out 24/7 during 6 days. In connection with larger NATO-exercises DALO did not use the service from the current Supplier’s capacity in 2014. In 2015 DALO used its own capacity as well as the current Supplier’s capacity. In 2016 DALO only used the capacity of the current supplier. As far as possible all larger tasks are planned with more than 4 weeks’ notice and up to a year notice.

For now, about 98 % of all smaller tasks in Denmark have been planned with a notice according to the terms of the framework agreement. However, the tenderer shall with a notice of 48 hours be able to clean and disinfect up to 30 pieces of equipment within 72 hours in Denmark.

To illustrate the scope of DALO´s expected demand, some of DALO task has been, but however not limited to:

— Cleaning of bulk items,

— Cleaning of vehicles ex. Leopard tanks, Piranha, Hydrema, Manitou, motorcycles, trucks and cars,

— Cleaning of tent material,

— Cleaning and disinfection of containers which contains Kitchen or office,

— Cleaning and vacuuming boxes.

DALO has attached Enclosure 4 to the Instructions to Tenderers (RIC-Scheme) for further examples of vehicles and containers.

During the tendering procedure, DALO will arrange a clarification meeting. The date, time, place and further instructions are stated in the Instructions to Tender section 4.2.

The framework agreement is not divided into lots on the grounds that a division of the contract would undermine the economies of scale obtainable by procuring 1 contract.

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.

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 candidate’s/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 abovementioned 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.

The tenderer must have had an average equity ratio for the last 3 financial years of 10 %. 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.

The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:

A list of the most important similar deliveries (references), cf. section II.1.4) and II.2.4), carried out within the past 3 years, prior to the deadline for submission of the offer, cf. Part IV, section C.

The list should preferably include a short description of each delivery. The description should include a clear indication of which specific parts of the deliveries that are similar to the supplies as described in section II.1.4) and II.2.4). The description should also include a description of the tenderers participation/role in the performance of the deliveries. The description should contain information on the date of the deliveries, the size and value of the deliveries, the recipients of the deliveries (specific names/countries are preferred, but not necessary; if no country-specific information is included, the tenderer is asked to provide as much generic information as possible about the delivery). When specifying the date for the deliveries, the tenderer should state the date of commencement and completion. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis according to a framework agreement, the description of the deliveries should nonetheless contain information on how the date is set.

Only the deliveries (references) performed at the time of the deadline for submission of the offer will be considered. If the delivery in question is ongoing, it is only the part of the services performed and completed at the time of the deadline for submission of the offer which will be included in the assessment of the delivery.

A tenderer may rely on the technical and professional capacity 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.

If the tenderer relies on the educational or professional qualifications or professional experience of another entity or entities in relation to the performance of specific aspects of the services described in section II.1.4) and II.2.4), the specific aspects of the services shall be performed by the entity or entities on which the tenderer relies.

The tenderer will not be required to present further documentation for the technical and professional capacity (i.e. the information stated in the ESPD is considered sufficient). However, DALO reserves the right to contact the tenderer and/or the recipients of the deliveries in order to verify the information stated in Part IV, section C in the ESPD, including details on the specified dates of the performance of the deliveries.

The tenderer must demonstrate experience with as a minimum 3 similar deliveries within the past 3 years, prior to the deadline for submission of the offer. At least 1 of the deliveries must have been performed in Denmark.

Reference is made to the tender 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 social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

4 years

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, that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.3).

The tenderers and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD. DALO has prepared an ESPD (an XML-file) available at ETHICS. DALO strongly encourages the tenderer to use this XML-file when completing the ESPD. The tenderer must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the ESPD can be completed and later exported. No other versions than the EPSD must be used.

If the same legal entity is a part of or in any other way participates in several offers, e.g. submits his own offer and at the same time participates in a consortium which also submits an offer, the tenderers shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their offers. DALO reserves the right to request the tenderers to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.

Prior to the decision on the 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.1.3, the tenderer shall upon request provide statements of support or other documentation proving that the tenderer has access to the necessary technical and professional capacity and that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DALO cannot consider the technical and professional capacity of the other entity or entities. DALO has prepared a template 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 emphasized 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.

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

Pursuant to Section 3 of 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 (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 tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the Public Procurement Act, 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 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) 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:www.kfst.dk