Public procurement notice: Contract Award Notice
Published: 2017-10-31
Buyer: Forsvarsministeriets Materiel- og Indkøbsstyrelse
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 34136000 | 34136100 | 34136200 | 50110000 | 50111000: Fleet management and maintenance services
Estimated value: 158149410.09 DKK
Award criteria: The most economic tender

Technical requirements: This tender procedure concerns the award of a Framework Agreement for delivery of light utility vehicles (Vans) in Medium, Large and Minibus versions, including a Service Agreement and repair for Vans delivered. Furthermore, the Framework Agreement includes builds such as racks, shelves, furniture, supplementary power supply and electrical equipment (e.g. working lights, emergency lights and siren), and more advanced electrical equipment such as SINE radios and other technical equipment supplied by the Danish Defence, in order to customize Vans for specific tasks.
The Vans are used by the Danish Defence and other authorities under the Ministry of Defence, such as the Danish Emergency Management Agency, for transporting goods and personnel and for various operational and logistical tasks. The Vans will generally have multiple users.
DALO guarantees a minimum purchase of 200 Vans of the variant ‘minibus 4x4’, cf. the requirements specification, before the expiry of the Agreement.
DALO has decided not to divide the contract into lots as this would unduly increase the cost of all concerned. 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.
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.
Regarding section IV.2.4): The offer shall be in the language stated in section IV.2.4, however, the tenderer can provide the following requested documentation; Annual reports or excerpts hereof or other documentation in Danish.
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.
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.
The use of the eESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the tenderer applies the eESPD 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.1.2) and 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 (eESPD). DALO has prepared an eESPD (an XML-file) available at Mercell. DALO strongly encourages the tenderer to use this XML-file when completing the eESPD. The tenderer must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the eESPD can be completed and later exported. No other versions than the eESPD 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 eESPD, cf. §§ 151-155 of the said Act. If a tenderer relies on the capacity of other entities, cf. section III.1.2 and III.1.3, the tenderer shall upon request provide statements of support or other documentation proving that the tenderer has access to the necessary economic and financial standing and/or 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 economic and financial standing and/or 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 Mercell. 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 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.
Pursuant to Section 3 of the Danish Consolidation Act No 593 of 2.6.2016 on the Complaints Board for Public Procurement with subsequent amendments (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding public procurements and decisions subject to Title II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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).


Winner: Mercedes-Benz Danmark A/S
Award value: 158149410.09
Number of bids: 6