Public procurement notice: Contract Notice
Published: 2017-06-20
Buyer: Danish Defence Acquisition and Loigistics Organization (DALO)
Country: DK
Contract type: Services
Procedure: Open procedure
CPV classification: 35100000: Emergency and security equipment
Submission deadline: 2017-07-19
Award criteria: Lowest price

Technical requirements: This contract notice concerns the Danish Defence Acquisition and Logistics Organization (DALO) acquisition of 580 pcs. Underwater Sound signals with explosive charge. DALO wishes to include two options of each 150 pcs. additional Underwater Sound Signals per year for a period of 2 years, for a total number of 300 pcs. additional Underwater Sound Signals.
The contract includes two options of each 150 pcs. additional Underwater Sound Signals with explosive charge per year for a period of 2 years, for a total number of up to 300 pcs. additional Underwater Sound Signals.
The Contract 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.
Reference is made to the tender documents with 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 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 partici-pants are required to undertake joint and several liabilities and to appoint one supplier to represent the group.
The contract must be conducted in consideration of social responsibility (CSR) and it contains a labour clause, please see clause 4.10 for further information.
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.
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. 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. 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 cer-tain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act. 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 applications or offers do not fulfil the formalities of the tender documents.
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 candidates/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 re-quested that the appeal is granted delaying effect, cf. § 12(1) of the said Act.
The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in section VI.4.1.