Public procurement notice: Contract Notice
Published: 2020-05-14
Buyer: ARK Project, Joint Movement and Transportation Organization (JMTO)
Country: DK
Contract type: Services
Procedure: Negotiated procedure
CPV classification: 60600000 | 60651000 | 60651100
Estimated value:  EUR
Submission deadline: 2020-06-19
Award criteria: The most economic tender

Technical requirements: Joint Movement and Transportation Organization (JMTO) is planning to enter into a contract that meets the Danish Defence’s demand for Chartering of Vessels for the ARK Project (ARK) as secured access to strategic sealift for military and humanitarian purpose.
The Danish Defence has access to own capacities within all modalities, however the Danish Defence’s demand for transports during peak periods exceeds own transport capacities and therefore JMTO needs to acquire additional civilian Vessels.
The overall objective and purpose of this contract is to provide JMTO and hereby the Danish Defence with access to civilian RORO Vessels, able to operate worldwide, on terms where vessels are being chartered by JMTO and afterwards re-chartered in idle periods, subject however to an call back clause, to Vessel owner/operator in order to reduce costs but at the same time secure the access to Vessels.
The Danish Defence consists of a number of units, commands, staffs and authorities under the Ministry of Defence, each of which carries out specialized tasks as part of the Danish Defence’ overall purpose. The Danish Defence is a complex organization that handles many different tasks.
The Danish Defence has centralized the responsibility for transport services within one specific unit; the Joint Movement and Transportation Organization (JMTO). JMTO is responsible for planning, organizing and executing transport solutions for all units within the Danish Defence.
The units are for example the army, air force, navy, special forces, arctic command, home guard and emergency management agency. The size of the unit can vary from section’s consisting of 5-10 personnel and 1 vehicle up to a Battalion consisting of more than 1 000 personnel, 500 vehicles and 500 TEU.
The Danish Defence established the ARK Project in 2003 in order to ensure secured National access to strategic sealift. Since 2006 the ARK Project has been a bilateral cooperation between Denmark and Germany. The access to Strategic Sealift involves RORO‘s (Roll On, Roll Off) on time charter, some of those with equipped special ARK features, i. e. enhanced maneuverability, ability to load Dangerous Goods, sufficient capacity for heavy vehicles, crane capacity and side ramp in addition to stern ramp. In 2013 ARK became part of JMTO and therefore also contributing to the overall goal of JMTO; securing timely delivery of transport solutions for the units, their personnel and equipment.
The requirements related to transportation for the Danish Defence are constantly evolving due to the change in the context in which the Danish Defence operates. It is therefore expected that during the term of the contract there will be a development in the nature of the equipment to be moved and the places to be serviced due to the continuous change and development of the Danish Defence and the tasks to be solved. The Danish Defence also has high focus on the environment wherefore also the footprint of the vessels in this respect will be further treated during the tender procedure.
Denmark and Germany are members of the Movement Coordination Centre Eindhoven (MCCE), a multinational organization that coordinates and optimizes strategic transport on behalf of its 28 members (within EU and NATO). JMTO is an active participant offering transport to our allied nations through the MCCE and this service too shall be supported under this agreement.
The objective of this tender is to ensure access to sea lift capacities in terms of time chartering of suitable RORO capacities at various terms and various notice of readiness (varying from days to months). The RORO vessels required shall be supplied from one candidate/tenderer, cf. II.1.8 and the RORO vessels must during the term of the contract be registered under Danish flag. It is important that the candidate/tenderer demonstrates robustness by operating on his own account, e.g. as the Owner, sufficient additional vessel to maintain his daily business in case JMTO activates some or all of the contracted vessels.
JMTO ARK is responsible for transporting varying cargo in terms of items, size and shapes. Today the primary tasks envisioned by JMTO ARK is the transport of: military equipment and other commodities for sustainment of military operations, missions, training exercises, humanitarian disaster relief situations, routine transports and to be part of others tasks such as the use of sea based platforms for various tasks. Tasks might contain transport for both Danish and international Military as well as transport with civilian purposes and might take place in areas not normal for standard vessel transport.
Detailed information about the level of readiness as well as each single task both during planning and execution might be classified in accordance with the classified information nomenclature used in the Danish Defense, FKO BST 358-1. Therefore it will be required for the contractor to be able to handle, store and hand over classified information. See III.1.4) for further details.
The Vessels under this contract are considered very important to the Danish Defence and the ability to act fast at all circumstances all over the world; it is required that all the tasks with each Vessel are carried out in an highly professional manner by staff whom must be able to communicate fluently in English both written and spoken. The value of support provided by the supplier during planning and conduct of transports and operations is vital for JMTO, and will be handled during the tender process.
The geographical area of operation will primarily be within the European continent area but worldwide operations shall be possible for all Vessels.
This contract contains chartering of minimum 3, and maximum 7 RORO vessels, of which 6 must be registered under Danish flag during the charter. Size of the RORO is expected within the range of 1 900 lane meters and up to approx. 4 200 lane meters. Charter parties (contracts) will be created for each vessel and will be based on BIMCO Standard Charter Party Baltime 1939 (Revised 2001) with amendments and Rider Clauses made by JMTO. Demand for 6 of the vessels is that they are supplied with re-chartering mechanism at specific terms as standard requirement. The Danish Defence wants to charter the vessels and define periods of re-chartering. One vessel is expected to be offered as a dormant contract as alternative to Time chartering. A dormant contract in this respect is considered a calling right for an unnamed RORO Vessel within a specified size range. The chartering conditions will be detailed for this RORO carrying EU/NATO flag.

Eligibility requirements: Annual reports or excerpts hereof or other documentation stating the candidate‘s equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available. If the candidate 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. Please note that a candidate 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 candidate and the entity or entities on which the candidate relies. If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’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 candidate must have had a positive equity ratio for each of the last 3 financial years. The equity ratio is calculated by dividing the candidate‘s equity with the candidate‘s total assets (equity/total assets x 100).
1) A list of suitable RORO vessels, cf. II.1.5), the candidates owns and operates, respectively, at the time of applying for this tender. The list must include size and age of the vessel, and which flag each of these RORO’s are registered under; 2) A statement of the number of suitable RORO vessel, cf. II.1.5), the candidate has been operating per year as an average for three past calendar years. 3) A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) years prior to the deadline for the request to participate. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the services carried out within the past 5 (five) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the services has not been carried out within the past 5 (five) years or if a part of the services has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate/tenderer clearly states which part (e.g. with regard to an ongoing delivery (reference) that has been carried out within the past 5 (five) years). The list of the most important similar delivers is expected to include the following information regarding each delivery: — an indication of the type of chartering method, — a clear indication of which specific parts the deliveries are similar to the services described in section II.1.5), — a description of the contractual foundation on which the delivery was made and whether or not it was made under a long term contract (meaning a duration of more than 2 years), — a description of the candidates’ participation/role in the performance of the delivery and a clear indication of whether the candidate has contributed to and assisted with the planning of the transport, — a description of the type of Vessel with specific notice for RORO operations and specially military or similar, — a description should also contain information on the date of the deliveries, the size/quantity/volume 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 candidate is asked to provide as much generic information as possible including information about the recipient being the military or a customer with a similar characteristic as the military. When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. 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. The list must contain a maximum of five previous deliveries whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures or relies on the technical and professional capacity of other entities. If the list contains more than five, JMTO will only consider the first five deliveries on the list. Deliveries beyond that will be disregarded. 1) It must as a minimum be demonstrated that the candidate operates minimum 10 suitable RORO vessels at his own account at the time of applying for participation for this tender.
1) A list of suitable RORO vessels, cf. II.1.5), the candidates owns and operates, respectively, at the time of applying for this tender. The list must include size and age of the vessel, and which flag each of these RORO’s are registered under; 2) A statement of the number of suitable RORO vessel, cf. II.1.5), the candidate has been operating per year as an average for three past calendar years. 3) A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) years prior to the deadline for the request to participate. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the services carried out within the past 5 (five) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the services has not been carried out within the past 5 (five) years or if a part of the services has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate/tenderer clearly states which part (e.g. with regard to an ongoing delivery (reference) that has been carried out within the past 5 (five) years). The list of the most important similar delivers is expected to include the following information regarding each delivery: — an indication of the type of chartering method, — a clear indication of which specific parts the deliveries are similar to the services described in section II.1.5), — a description of the contractual foundation on which the delivery was made and whether or not it was made under a long term contract (meaning a duration of more than 2 years), — a description of the candidates’ participation/role in the performance of the delivery and a clear indication of whether the candidate has contributed to and assisted with the planning of the transport, — a description of the type of Vessel with specific notice for RORO operations and specially military or similar, — a description should also contain information on the date of the deliveries, the size/quantity/volume 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 candidate is asked to provide as much generic information as possible including information about the recipient being the military or a customer with a similar characteristic as the military. When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. 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. The list must contain a maximum of five previous deliveries whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures or relies on the technical and professional capacity of other entities. If the list contains more than five, JMTO will only consider the first five deliveries on the list. Deliveries beyond that will be disregarded.
1) It must as a minimum be demonstrated that the candidate operates minimum 10 suitable RORO vessels at his own account at the time of applying for participation for this tender.