Internet address(es):

Main address: www.fmi.dk

Acquisition of Automotive Diesel and Petrol (Lot No. 2)

Framework agreement regarding acquisition of automotive diesel and petrol (lot No. 2).

See section II.1.4).

In connection with the open procedure, cf. contract notice 2018/S 218-498625, DALO only received 2 offers which both were irregular. As a consequence hereof, DALO initiated a competitive procedure with negotiation without prior publication of a notice with the 2 tenderers in accordance with section 61, subsection 1, No. 2, and section 61, subsection 4, of the Danish Public Procurement Act (in Danish “udbudsloven”). It is DALO's assessment that the conditions, stated in said sections, are fulfilled. Furthermore, it is DALO's assessment that the procedure has been conducted in accordance with the procedure rules stated in section 61–66 of the Danish Public Procurement Act.

Acquisition of Automotive Diesel (Lot 2)

Internet address: www.q8.dk

Regarding section II.1.7) and V.2.4): the value stated in these sections is DALO estimated value of the framework agreement, which does not constitute the exact value of the agreement nor a minimum committed purchase by DALO.

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

DALO follows the procedure set out in § 4 of Consolidation Act No. 593 of 2.6.2016 on The Complaints Board for Public Procurement (in Danish: “Lov om Klagenævnet for Udbud”, available at www.retsinformation.dk). The framework agreement will not be entered before the lapse of 10 calendar days, calculated from the day after that day where this tender notice has been published, cf. § 4(1)(2) in the Act on The Complaints Board for Public Procurement. When the contracting authority follows the procedure set out in § 4, a complain concerning that a tender notice, contrary to the procurement rules, has not been published in the Official Journal of the European Union prior to entering into a framework agreement, shall be brought before the Danish Complaints Board for Public Procurement, within 30 calendar days according to § 7(3) in the Act on The Complaints Board for Public Procurement. The 30 calendar days shall be calculated from the day after that day where the contracting authority has published a notice in the Official Journal of the European Union stating that a framework agreement has been entered, provided that the notice contains an explanation for the contracting authority’s decision to award the framework agreement without publishing a tender notice in the Official Journal of the European Union prior to the entering. No later than the complaint is brought before the complaints board, the complainant shall in writing inform the contracting authority that a complaint is brought before the Danish Complaints Board for Public Procurement, and whether the complaint is brought within the period on 10 calendar days as set out in § 4 (1) (2). If the complaint is not brought within the mentioned period, the complainant shall furthermore state, whether the complainant ask for suspensive effect, cf. § 12(1).

Contact information of the Danish Complaints Board for Public Procurement is stated in clause VI.4.1).

Note of guidance on claims by The Danish Complaints Board for Public Procurement is available on the website stated in clause VI.4.1).

Internet address: www.kfst.dk