29 Apr 2018

Denmark-Copenhagen K: Air-sea rescue services

Type of document: Invitation to tender
Country: Denmark
OJEU Ref: (2018/S 082-184549/EN)
Nature of contract: Service contract
Procedure: Open procedure
Regulation of procurement: EU
Type of bid required: Partial bid

Contract notice
Services
Directive 2014/24/EU

Section I: Contracting authority
I.1) Name and addresses
Official name: Defence Command Denmark
National registration number: 16287180
Postal address: Holmens Kanal 9
Town: Copenhagen K
Postal code: 1060
Country: Denmark
Contact Person: Line Westh
Email: liwe@kammeradvokaten.dk
Internet address(es):
Main address:

I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge,at:
Additional information can be obtained from:
the above mentioned address
Tenders or requests to participate must be submitted:
electronically via:
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Land based helicopter service Greenland (LHG)
II.1.2) Main CPV code: 60443100
II.1.3) Type of contract: Services
II.1.4) Short Description: The Defence Command Denmark is tendering two contracts regarding land-based helicopter services for landand maritime search and rescue missions as well as helicopter transport operations under the operational control of Joint Rescue Coordination Centre Greenland (JRCC).The Services shall be conducted from two separate bases; a Northern base and a Southern base. The bases may temporarily be moved to another suitable operational base in case of an incident or prolonged poor weather conditions at one of the normal bases. The movement shall be approved by JRCC. The Services shall be conducted in a hostile environment and include overwater Helicopter Hoist Operations at distances beyond sight of land, as well as terrain landings on natural / rough surfaces and on ice / snow covered surfaces. The Services at the Northern base shall be at disposal 24/7 all year. The Services at the Southern base shall be at disposal from Monday to Saturday all year during 0800-1600.
II.1.6) Information about lots:
The contract is divided into lots: Yes
Tenders may be submitted for one lot only
II.2) Description
II.2.1) Title: Search and rescue services in Greenland by land-based helicopters — Period 1

Lot No:1
II.2.2) Additional CPV code(s)
60400000, 60424120, 60443000

II.2.3) Place of performance
Nuts code: DKZ
Main site or place of performance:
Greenland.

II.2.4) Description of the procurement:
The contract regards land-based helicopter services for land and maritime search and rescue missions as well as helicopter transport operations in Greenland, cf cf. Section II.1.4, for a period of 2 years. The Services shall commence on 1.1.2019 and expires on 31.12.2020.
Please note, it is a prerequisite for starting delivery according to this Agreement that the Supplier has obtained a Danish Air Operators Certificate.
II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6) Estimated value:
Value excluding VAT: 100000000.00 Currency: DKK
II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Duration in months: 24
This contract is subject to renewal: no
II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted: no
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:no
II.2.1) Title: Search and rescue services in Greenland by land-based helicopters — Period 2

Lot No:2
II.2.2) Additional CPV code(s)
60400000, 60424120, 60443000

II.2.3) Place of performance
Nuts code: DKZ
Main site or place of performance:
Greenland.

II.2.4) Description of the procurement:
The contract regards land-based helicopter services for land and maritime search and rescue missions as well as helicopter transport operations in Greenland, cf. Section II.1.4, for a period of 5 years with the possibility of renewal for a period of 3 years. Defence Command Denmark will award and enter into the contract in continuation of the tender procedure, however the Services shall only commence on 1.1.2021 and expires on 31.12.2025 or 31.12.2028, if the contract is renewed. Accordingly, the duration of the contract for period 2 can be up to 10 years, cf. Section II.2.7), where the Services shall be delivered for a period of up to 8 years.
Please note, it is a prerequisite for starting delivery according to this Agreement that the Supplier has obtained aDanish Air Operators Certificate.
II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.6) Estimated value:
Value excluding VAT: 400000000.00 Currency: DKK
II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Duration in months: 84
This contract is subject to renewalyes Description of renewals:The contract may be renewed once for a period of 3 years.

II.2.9) Information about the limits on the number of candidates to be invited
II.2.10) Information about variants
Variants will be accepted: no
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:no

Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.2) Economic and financial standing
List and brief description of selection criteria: The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:
Its general yearly turnover for the last 3 financial years to the extent such information is available, cf. Part IV, Section B.
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 in-formation is available, cf. Part IV, Section B.
Upon request from Defence Command Denmark the tenderer must submit the following documentation:
Annual reports or excerpts hereof or other documentation stating the tenderer’s general yearly turnover for the last 3 financial years if publication of annual reports is required under the law of the country in which the tenderer is established, and 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.
Annual reports or excerpts hereof or other documentation stating the tenderer’s 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. 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 Defence Command Denmark at any time during the procurement procedure can request that the tenderer presents the above mentioned documentation if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation, Defence Command Denmark 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.
Minimum level(s) of standards possibly required: Lot 1:
The tenderer must have had a general yearly turnover of at least 100 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, Defence Command Denmark will calculate the turnover based on the official exchange rate on the date this Notice was published.
If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turnover is calculated as the sum of all the participants’ general yearly turnover 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 general yearly turnover will be calculated as the sum of the tenderer’s general yearly turnover and the entity or entities’ general yearly turnover in each of the last 3 financial years available.
The tenderer must have had an positive equity ratio in each of the last 3 financial years. 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.
Lot 2:
The tenderer must have had a general yearly turnover of at least 100 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, Defence Command Denmark will calculate the turnover based on the official exchange rate on the date this Notice was published.
If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turnover is calculated as the sum of all the participants’ general yearly turnover 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 general yearly turnover will be calculated as the sum of the tenderer’s general yearly turnover and the entity or entities’ general yearly turnover in each of the last 3 financial years available.
The tenderer must have had an positive equity ratio in each the last 3 financial years. 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.

III.2.2) Contract performance conditions: 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 corporate social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure:
Open procedure
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information
IV.2.2) Time limit for receipt of tenders or requests to participate
Date: 2018-06-25 Local time: 13:00
IV.2.4) Languages in which tenders or requests to participate may be submitted:EN
IV.2.7) Conditions for opening tenders
Date: 2018-06-25 Local time: 13:00

Section VI: Complementary information
VI.1) Information about recurrence:
This is a recurrent procurement: no
VI.2) Information about electronic workflows
VI.3) Additional information:
The Agreement is entered into by DC DKN. However, the Agreement can also be used by the following authorities: Greenland Police Authorities (placed under the Danish Ministry of Justice) and Greenland Health Authorities. DC DKN is responsible for carrying out the procurement procedure and act in its own name and on behalf of the other participating Contracting Authorities. The participating Contracting Authorities shall be jointly responsible for fulfilling the obligations stipulated in Danish Act of Public Procurement (nº 1564 of 15.12.2015).
DC DKN 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.
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 and that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. Section III.1.2).
The tenderers and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD. DC DKN has prepared an ESPD (an XML-file) available atwww.digitaleudbud.dk
Defence Command Denmark strongly encourages the tenderer to use this XML-file when completing the ESPD. The tenderer must upload the XML-file to this website where the ESPD can be completed and later exported. No other versions than the EPSD must be used.
The tenderer may submit an ESPD for each lot.
Prior to decision on award of the contract, DC DKN shall require that the tenderer to whom DC DKN 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.1.2, 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 that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DC DKN cannot consider the economic and financial standing of the other entity or entities. DC DKN has prepared a template to be used to confirm the legal obligation which is available at www.digitaleudbud.dk
DC DKN 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.
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. DCDKN reserves the right to request the tenderers to establish and reassure Defence Command Denmark that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
Regarding Section II.1.6): since the procurement is divided into lots the tenderer is asked to state in the ESPD Part II, Section A which lot or lots the offer concerns. Please note, that a tenderer can only submit one offer for each lot.
DC DKN reserves the right — but is not obliged — to use the remedies provided for in Section 159(5) of the Danish Act on Public Procurement (act nº 1564 of 15.12.2015) if applications or offers do not fulfil the formalities of the tender documents.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
Telephone: +45 72405708
E-mail: klfu@naevneneshus.dk
Internet address:

VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:
Pursuant to Section 3 of the Danish Consolidation Act nº 593 of 2.6.2016 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 Acton 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 standstill 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 email 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.

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk
Internet address:
VI.5) Date of dispatch of this notice:2018-04-26