Marine pollution control in Danish waters

Danish Ministry of Defence

The Contracting Authority hereby calls for tenders for the contract regarding ship-based marine pollution control in Danish waters.
— The background of the call for tenders is the ‘Danish Defence Agreement 2013-2017’ of 30.11.2012. At present, the task is performed by four Defence vessels (Gunnar Thorson, Gunnar Seidenfaden, Mette Miljø and Marie Miljø) dedicated to combating pollution. These vessels are nearing the end of their useful lives and will be phased out when a solution for the future handling of the task has been implemented.
— The overall purpose of the pollution control task is to control and combat pollution by oil and other harmful substances in Danish waters with a view to safeguarding the flora and fauna of the marine environment and to reduce the harmful and consequential effects of pollution to coasts and beaches.
— The Supplier must establish and maintain for the term of the contract an emergency preparedness which can be deployed everywhere within the Danish exclusive economic zone (EEZ) and in Danish territorial waters until the 3-meter curve for the purposes of carrying out mechanical pollution control.
— It is the Contracting Authority's intention that the Supplier's preparedness is to constitute an essential part of the leading emergency preparedness, which ensures the Danish State's compliance with applicable laws, regulations and accords regarding marine pollution control. The combined Danish State emergency preparedness for marine pollution control will, in addition to the Supplier's preparedness, consist of several of the units of the Danish Navy and the Naval Home Guard. The Contracting Authority will reserve its full right to prioritise and coordinate which units of the emergency preparedness to deploy in each pollution incident.
— Denmark has entered into a number of international marine environment agreements regarding mutual support in the event of pollution incidents, among them the ‘HELCOM Agreement’, the ‘SWEDENGER Agreement’, the ‘DENGERNETH Agreement’, ‘Agreement between Denmark, including Greenland and the Faroe Islands, Finland, Iceland, Norway and Sweden on cooperation regarding control of pollution of seas by oil and other harmful substances (the Copenhagen Agreement)” and the “BONN Agreement”. The Supplier's emergency preparedness must upon request be deployable in international pollution control operations and must be able to assist other nations in pollution control operations in the territories of these nations. Participation in international operations, including in Greenland and the Faroe Islands, is not to constitute a size factor, however, in the Supplier's emergency preparedness.
— The Supplier's emergency preparedness is only to undertake the practical pollution control task. Joint Defence Command Denmark (Værnfælles Forsvarskommando) will be On Scene Commander. Hence, the Supplier's units must be able to cooperate with and take on board the On Scene Commander and the Mobile Environmental Emergency team (normally three persons). All exercise of authority, which may be required in connection with a task, will be coordinated and undertaken by the Joint Defence Command Denmark or other relevant authorities.
— The Contracting Authority expects to carry out the tender procedure on the basis of performance requirements listing the overall framework and guidelines for the solution of the task. The Supplier will thus be required to draw up a suggested solution which partly considers the emergency preparedness task best possible, partly takes into account an overall economic consideration, including exploitation of the Supplier's possible synergies in relation to the Supplier's other commercial activities. The Supplier must at all times and at short notice, however, be able to release the necessary capacity from the Supplier's other tasks, if any, in order to solve the emergency preparedness task.
— The Contracting Authority will lay down requirements for the response times which the Supplier's emergency preparedness must be able to observe, but in general the Contracting Authority will leave it to the Supplier to estimate the number of units needed to comply with response times and other performance requirements. However, the Supplier must expect the Contracting Authority to lay down requirements for the classification of the units used, e.g. requirements for OIL RECOVERY notation (OILREC notation), CHEMICAL RECOVERY notation (CHEM notation), ice class notation and area served as well personnel and certain language requirements for crew members that hold specific commanding functions.
— The functions of the future emergency preparedness can be divided into 2 tasks.
— Task A, ‘Conventional preparedness’ which will lay down requirements for 1) performance of the task with at least one OILREC/CHEM unit enabling combating of pollution by oil and other harmful substances, 2) that the Contracting Authority upon deployment expects to take over the ownership of the OILREC/CHEM unit; however the unit will remain at the Supplier's disposal for operation and maintenance of the unit, and 3) that, in general, the emergency preparedness must not be used for other activities than the tasks following from the agreement with the Contracting Authority. The Contracting Authority reserves the right to use the OILREC/CHEM unit for other activities, provided that these activities are fully compatible with the Supplier's other obligations.
— In task B, ‘Other emergency preparedness’, the preconditions for solution of the task will include (the list is not exhaustive), 1) requirements for the units to have at least OILREC notation, 2) that the units, when not actively performing tasks for the Contracting Authority, may be used for other commercial activities, if any.
— 2 lots are put out to tender, see Annex B, whereupon the Contracting Authority will decide on the award of either lot 1 or lot 2 pursuant to the principles of concurrent tender procedures.
— In lot 1, the Supplier is to undertake the performance of both task A, conventional preparedness, and task B, other preparedness.
— In lot 2, the Supplier is only to undertake the performance of task B, other preparedness, as the Contracting Authority itself will undertake the performance of task A if it chooses lot 2.
— Hence, it will not be possible to submit a tender for task A alone.
— The Supplier may choose to submit tenders for 1 or both lots.
— Depending on the Supplier's existing fleet of vessels, if any, a substantial capital requirement for building and/or reconstruction of vessels may be involved. The Contracting Authority furthermore contemplates laying down requirements for the Supplier's financial ability to tolerate, inter alia, possible reductions in the current payment due to defective performance of the contract. The requirement and possible method in this respect will be a part of the competitive dialogue. The Supplier may therefore be faced with a significant challenge of providing the necessary financial latitude for performing the contract.
— It is of decisive importance to the Contracting Authority that an emergency preparedness is continuously available for activation in case of pollution incidents. In order to safeguard the emergency preparedness against the Supplier's possible bankruptcy, the Contracting Authority is at present considering the contract and corporate structure. The following requirements are therefore expected to be made:
1) that the agreement is entered into with a special company (a so-called special purpose vehicle (SPV)), the only objective of which is to carry out the task for the Contracting Authority.
2) that a subsidiary of the SPV set out in item 1 above is established as a separate crew SPV in which the crew members for (primarily) task A are employed,
3) that the units in task B (and the associated basic crew) must not be owned, directly or indirectly, by the operating SPV set out in item 1 above,
4) that a three-party agreement will be entered into between the Contracting Authority, the Supplier and the owners of the units required for task B, which, inter alia, will include a possibility for the Contracting Authority to succeed to the Supplier's rights towards the vessel owners if the Supplier should run into financial difficulties, and that the Contracting Authority will have a registered and preferential right (before other pledges) to have the unit at its disposal for a limited period of time for the solution of the task in the event of the vessel owners' bankruptcy against a financial compensation to the bankruptcy estate of the vessel owners.
— The requirements for the contract and corporate structure will be specified in the tender material and are expected to be included as a subject in the competitive dialogue. The overriding consideration is to find a model in which the Contracting Authority has faith concerning the security of supply henceforth. Accordingly, the Contracting Authority reserves the right to adjust the above.
— The task must be in operation no later than 31.12.2020. As regards section II.3) it should be noted that the duration of the contract is not finally fixed to be 180 months, but the Contracting Authority expects a contract duration of 10-25 years. The duration of the contract will be included as a subject in the competitive dialogue and will be finally fixed while taking into account the overall economic consideration, including the solution methods and amortisation profiles of the assets required. The tenderers are expected to be able to offer a date of operation sooner than 31.12.2020 and this period of time will be added to the final contract duration. For a sooner date of operation, the Supplier will thus be able to achieve an overall longer operating period.
— In the light of the long contract period, external factors are expected to entail a need of adjustment of the Supplier's services. This may be new international obligations or reorganisation of the core business of the Danish Defence. The contract will therefore include a change mechanism which takes into account such potential significant changes, including a distribution of the financial responsibility in this respect.
— After conclusion of the contract, the rights and obligations of the Danish Defence under the contract will be transferred to the Joint Defence Command Denmark which is the authority responsible for the task of marine pollution control.
— It should be noted that Forsvarsministeriets Strategiske Udbudskontor (in translation: the Strategic Tendering Department of the Danish Ministry of Defence) (formerly the Strategic Tendering Section of the Danish Defence Command) in August/September 2014 conducted a technical dialogue with market operators regarding the competitive procurement of the task of marine pollution control. It should furthermore be noted that participation in the technical dialogue is of no importance to the possibilities of pre-qualification. Material about the technical dialogue is available at www.forsvaret.dk by following the link ‘Udbud’ (‘Tenders’) under the subject field ‘Genveje’ (‘Shortcuts’). The dialogue material should only be seen as guiding background information and is not necessarily an expression of the requirements which the Contracting Authority will lay down in the tender material.

Deadline

Fristen for modtagelse af bud var på 2015-01-30. Indkøbet blev offentliggjort på 2014-12-05.

Hvem?

• Danish Ministry of Defence

Hvad?

Hvor?

• Danmark › Danmark

Indkøbshistorik

Dato	Dokument
2014-12-05	Udbudsbekendtgørelse
2014-12-10	Supplerende oplysninger
2015-01-06	Supplerende oplysninger
2015-01-16	Supplerende oplysninger
2015-01-27	Supplerende oplysninger
2016-11-09	Supplerende oplysninger

Udbudsbekendtgørelse (2014-12-05)
Objekt
Omfanget af udbuddet
Titel: Bekæmpelse af olieudslip
Mængde eller omfang: 1 300 000 0002 000 000 000
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Tjenesteydelser
Forordning: Den Europæiske Union, med deltagelse af GPA-lande
Fælles glossar for offentlige kontrakter (CPV)
Kode: Bekæmpelse af olieudslip 📦

Procedure
Procedureform: Konkurrencepræget dialog
Bud-type: Indsendelse gældende for én eller flere delaftaler
Kriterier for tildeling
Det økonomisk mest fordelagtige bud

Ordregivende myndighed
Identitet
Land: Danmark 🇩🇰
Type af ordregivende myndighed: Ministerium eller anden myndighed på nationalt plan eller forbundsplan
Navn på ordregivende myndighed: Danish Ministry of Defence
Postadresse: Holmens Kanal 42
Postnummer: 1060
Postby: Copenhagen K
Kontakt
Internetadresse: http://www.fmn.dk 🌏
E-mail: sta@fmn.dk 📧
Telefon: +45 72810287 📞

Reference
Datoer
Afsendelsesdato: 2014-12-05 📅
Tilbudsfrist: 2015-01-30 📅
Offentliggørelsesdato: 2014-12-10 📅
Identifikatorer
Bekendtgørelsesnummer: 2014/S 238-419262
Henviser til bekendtgørelse: 2014/S 104-183051
EUT-S-nummer: 238
Yderligere oplysninger

The application to become pre-qualified may be submitted only electronically via a special website which contains the pre-qualification documents as well as the necessary facilities for electronic submission of the application to participate (https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf). On this website for pre-qualification, Applicants should enter via the menu "Registration". The Applicant will receive an e-mail for activating the account and thereafter an e-mail with confirmation. — On the web site, Applicants will find pre-qualification guidelines as well as special information forms in Pdf-format (Portable Document Format) that can be filled out as part of the documentation required for applying for pre-qualification. In order to complete, save and sign documents in Pdf-format, and conclude the application for pre-qualification, Applicants' computers must have Adobe Reader (9.0 or a later version) installed. Alternatively, Adobe Acrobat (6.0 or a later version) may be used. The pre-qualification guidelines will set out the form requirements, including a list of documents to be completed and enclosed, which must be complied with when applying for pre-qualification. — The application for pre-qualification may be submitted in Danish or English. In general, the tender material is expected to be drawn up in English and it is furthermore expected that tenders will be allowed both in Danish and in English. Similarly, the competitive dialogue is expected to be conducted in Danish and English. If only Danish operators are pre-qualified, the Contracting Authority reserves the right to decide that the competitive dialogue is to be conducted in Danish and/or that the tender may only be submitted in Danish. — A clarification meeting for interested operators will be held on 18.12.2014 at 9:00 - 12:00 at the naval base 'Flådestation Korsør'. Address Sylowsvej 8, DK-4220 Korsør, Denmark. Notice for participation must be submitted to Holger Haarløv at hbh@fmn.dk no later than Monday, 15.12.2014 at 15:00. — In the pre-qualification application the Applicant is requested to state whether the application relates to lots nos. 1, 2 or both. If nothing is stated to the contrary in the application, the Contracting Authority will regard the application as pertaining to both lots. Evaluation of the applications for lot 1 and lot 2, respectively, will take place independently of each other. An applicant may thus be pre-qualified for one lot without necessarily being pre-qualified for the other lot. It will also be possible, see section II.1.5), to submit tenders for either lot 1 or 2 or both (provided that pre-qualification has been obtained for both lots). The specific requirements for submitting tenders will be stated in the tender documents. — Any questions and answers in connection with submission of requests for pre-qualification will be published at: https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf, under the menu Questions and Answers. Interested operators are encouraged to regularly seek information at the website. — In respect of section II.2.1), it should be noted that the information provided reflects the scope of task A and B collectively. This means, both the tasks covered by lot 1. — As regards sections III.2.2) and III.2.3) it should be noted that the Supplier may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor) regardless of the legal nature of the links between the Supplier and such other entities. The Supplier must in that case substantiate that the Supplier will have at its full disposal the resources necessary to perform the contract, for example by producing an undertaking or other documentation on the part of such entities to place the necessary resources at its disposal for the duration of the contract; the information stipulated in sections III.2.2) or III.2.3) must also be stated for the supporting entity. Otherwise, the Contracting Authority will not be able to take into consideration the capacity of such other entities. The Contracting Authority has drawn up a specimen form for the undertaking, which is available at https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf, under the menu item ‘Pre-qualification material’. — In respect of section IV.1.1) it should be noted that the tender procedure will be conducted as a competitive dialogue. At the time of publication of the contract notice, it is expected that a discussion paper for dialogue will be submitted to pre-qualified tenderers at the end of February 2015, whereas the competitive dialogue is expected to take place from end March till June 2015. A final agreement is expected to be concluded within the end of 2015. The Contracting Authority reserves the right to adjust this time schedule. — As regards section IV.1.2) it should be noted that each Applicant may only submit one application for pre-qualification per lot. If the same legal entity is part of or otherwise participates in several applications, for example submits its own application, but at the same time participates in an applicant consortium, such applicants must ensure that the same legal entity's participation does not entail an opportunity to mutually influence the contents of the tenders of the various tenderers. The Contracting Authority reserves the right to request applicants to substantiate that the participation of the same legal entity does not entail an opportunity of mutually influencing the contents of the tenders of the various tenderers, including that a practice is not followed which may threaten transparency and distort competition between the bidders. — In respect of section IV.1.3), it should be noted that the specific criteria for a reduction, if any, of the number of operators during the competitive dialogue will be set out in the descriptive document. Hence, it is not finally determined whether there will be a reduction of the number of economic operators. It is contemplated at present as an element of the competitive dialogue to lay down requirements that the participants must be able to reassure the Contracting Authority that the participants are able to provide the necessary financial basis for the solutions presented during the dialogue. — If applications or tenders do not meet the formal requirements stated in the tender documents, the Contracting Authority reserves the right to use the procedure set out in section 12 of Danish Executive Order no. 712 of 15.6.2011 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

Yderligere oplysninger

The application to become pre-qualified may be submitted only electronically via a special website which contains the pre-qualification documents as well as the necessary facilities for electronic submission of the application to participate (https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf). On this website for pre-qualification, Applicants should enter via the menu "Registration". The Applicant will receive an e-mail for activating the account and thereafter an e-mail with confirmation.

— On the web site, Applicants will find pre-qualification guidelines as well as special information forms in Pdf-format (Portable Document Format) that can be filled out as part of the documentation required for applying for pre-qualification. In order to complete, save and sign documents in Pdf-format, and conclude the application for pre-qualification, Applicants' computers must have Adobe Reader (9.0 or a later version) installed. Alternatively, Adobe Acrobat (6.0 or a later version) may be used.

The pre-qualification guidelines will set out the form requirements, including a list of documents to be completed and enclosed, which must be complied with when applying for pre-qualification.

— The application for pre-qualification may be submitted in Danish or English. In general, the tender material is expected to be drawn up in English and it is furthermore expected that tenders will be allowed both in Danish and in English. Similarly, the competitive dialogue is expected to be conducted in Danish and English. If only Danish operators are pre-qualified, the Contracting Authority reserves the right to decide that the competitive dialogue is to be conducted in Danish and/or that the tender may only be submitted in Danish.

— A clarification meeting for interested operators will be held on 18.12.2014 at 9:00 - 12:00 at the naval base 'Flådestation Korsør'. Address Sylowsvej 8, DK-4220 Korsør, Denmark. Notice for participation must be submitted to Holger Haarløv at hbh@fmn.dk no later than Monday, 15.12.2014 at 15:00.

— In the pre-qualification application the Applicant is requested to state whether the application relates to lots nos. 1, 2 or both. If nothing is stated to the contrary in the application, the Contracting Authority will regard the application as pertaining to both lots. Evaluation of the applications for lot 1 and lot 2, respectively, will take place independently of each other. An applicant may thus be pre-qualified for one lot without necessarily being pre-qualified for the other lot. It will also be possible, see section II.1.5), to submit tenders for either lot 1 or 2 or both (provided that pre-qualification has been obtained for both lots). The specific requirements for submitting tenders will be stated in the tender documents.

— Any questions and answers in connection with submission of requests for pre-qualification will be published at: https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf, under the menu Questions and Answers. Interested operators are encouraged to regularly seek information at the website.

— In respect of section II.2.1), it should be noted that the information provided reflects the scope of task A and B collectively. This means, both the tasks covered by lot 1.

— As regards sections III.2.2) and III.2.3) it should be noted that the Supplier may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor) regardless of the legal nature of the links between the Supplier and such other entities. The Supplier must in that case substantiate that the Supplier will have at its full disposal the resources necessary to perform the contract, for example by producing an undertaking or other documentation on the part of such entities to place the necessary resources at its disposal for the duration of the contract; the information stipulated in sections III.2.2) or III.2.3) must also be stated for the supporting entity. Otherwise, the Contracting Authority will not be able to take into consideration the capacity of such other entities. The Contracting Authority has drawn up a specimen form for the undertaking, which is available at https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf, under the menu item ‘Pre-qualification material’.

— In respect of section IV.1.1) it should be noted that the tender procedure will be conducted as a competitive dialogue. At the time of publication of the contract notice, it is expected that a discussion paper for dialogue will be submitted to pre-qualified tenderers at the end of February 2015, whereas the competitive dialogue is expected to take place from end March till June 2015. A final agreement is expected to be concluded within the end of 2015. The Contracting Authority reserves the right to adjust this time schedule.

— As regards section IV.1.2) it should be noted that each Applicant may only submit one application for pre-qualification per lot. If the same legal entity is part of or otherwise participates in several applications, for example submits its own application, but at the same time participates in an applicant consortium, such applicants must ensure that the same legal entity's participation does not entail an opportunity to mutually influence the contents of the tenders of the various tenderers. The Contracting Authority reserves the right to request applicants to substantiate that the participation of the same legal entity does not entail an opportunity of mutually influencing the contents of the tenders of the various tenderers, including that a practice is not followed which may threaten transparency and distort competition between the bidders.

— In respect of section IV.1.3), it should be noted that the specific criteria for a reduction, if any, of the number of operators during the competitive dialogue will be set out in the descriptive document. Hence, it is not finally determined whether there will be a reduction of the number of economic operators. It is contemplated at present as an element of the competitive dialogue to lay down requirements that the participants must be able to reassure the Contracting Authority that the participants are able to provide the necessary financial basis for the solutions presented during the dialogue.

— If applications or tenders do not meet the formal requirements stated in the tender documents, the Contracting Authority reserves the right to use the procedure set out in section 12 of Danish Executive Order no. 712 of 15.6.2011 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

The Contracting Authority hereby calls for tenders for the contract regarding ship-based marine pollution control in Danish waters.

— The background of the call for tenders is the ‘Danish Defence Agreement 2013-2017’ of 30.11.2012. At present, the task is performed by four Defence vessels (Gunnar Thorson, Gunnar Seidenfaden, Mette Miljø and Marie Miljø) dedicated to combating pollution. These vessels are nearing the end of their useful lives and will be phased out when a solution for the future handling of the task has been implemented.

— The overall purpose of the pollution control task is to control and combat pollution by oil and other harmful substances in Danish waters with a view to safeguarding the flora and fauna of the marine environment and to reduce the harmful and consequential effects of pollution to coasts and beaches.

— The Supplier must establish and maintain for the term of the contract an emergency preparedness which can be deployed everywhere within the Danish exclusive economic zone (EEZ) and in Danish territorial waters until the 3-meter curve for the purposes of carrying out mechanical pollution control.

— It is the Contracting Authority's intention that the Supplier's preparedness is to constitute an essential part of the leading emergency preparedness, which ensures the Danish State's compliance with applicable laws, regulations and accords regarding marine pollution control. The combined Danish State emergency preparedness for marine pollution control will, in addition to the Supplier's preparedness, consist of several of the units of the Danish Navy and the Naval Home Guard. The Contracting Authority will reserve its full right to prioritise and coordinate which units of the emergency preparedness to deploy in each pollution incident.

— Denmark has entered into a number of international marine environment agreements regarding mutual support in the event of pollution incidents, among them the ‘HELCOM Agreement’, the ‘SWEDENGER Agreement’, the ‘DENGERNETH Agreement’, ‘Agreement between Denmark, including Greenland and the Faroe Islands, Finland, Iceland, Norway and Sweden on cooperation regarding control of pollution of seas by oil and other harmful substances (the Copenhagen Agreement)” and the “BONN Agreement”. The Supplier's emergency preparedness must upon request be deployable in international pollution control operations and must be able to assist other nations in pollution control operations in the territories of these nations. Participation in international operations, including in Greenland and the Faroe Islands, is not to constitute a size factor, however, in the Supplier's emergency preparedness.

— The Supplier's emergency preparedness is only to undertake the practical pollution control task. Joint Defence Command Denmark (Værnfælles Forsvarskommando) will be On Scene Commander. Hence, the Supplier's units must be able to cooperate with and take on board the On Scene Commander and the Mobile Environmental Emergency team (normally three persons). All exercise of authority, which may be required in connection with a task, will be coordinated and undertaken by the Joint Defence Command Denmark or other relevant authorities.

— The Contracting Authority expects to carry out the tender procedure on the basis of performance requirements listing the overall framework and guidelines for the solution of the task. The Supplier will thus be required to draw up a suggested solution which partly considers the emergency preparedness task best possible, partly takes into account an overall economic consideration, including exploitation of the Supplier's possible synergies in relation to the Supplier's other commercial activities. The Supplier must at all times and at short notice, however, be able to release the necessary capacity from the Supplier's other tasks, if any, in order to solve the emergency preparedness task.

— The Contracting Authority will lay down requirements for the response times which the Supplier's emergency preparedness must be able to observe, but in general the Contracting Authority will leave it to the Supplier to estimate the number of units needed to comply with response times and other performance requirements. However, the Supplier must expect the Contracting Authority to lay down requirements for the classification of the units used, e.g. requirements for OIL RECOVERY notation (OILREC notation), CHEMICAL RECOVERY notation (CHEM notation), ice class notation and area served as well personnel and certain language requirements for crew members that hold specific commanding functions.

— The functions of the future emergency preparedness can be divided into 2 tasks.

— Task A, ‘Conventional preparedness’ which will lay down requirements for 1) performance of the task with at least one OILREC/CHEM unit enabling combating of pollution by oil and other harmful substances, 2) that the Contracting Authority upon deployment expects to take over the ownership of the OILREC/CHEM unit; however the unit will remain at the Supplier's disposal for operation and maintenance of the unit, and 3) that, in general, the emergency preparedness must not be used for other activities than the tasks following from the agreement with the Contracting Authority. The Contracting Authority reserves the right to use the OILREC/CHEM unit for other activities, provided that these activities are fully compatible with the Supplier's other obligations.

— In task B, ‘Other emergency preparedness’, the preconditions for solution of the task will include (the list is not exhaustive), 1) requirements for the units to have at least OILREC notation, 2) that the units, when not actively performing tasks for the Contracting Authority, may be used for other commercial activities, if any.

— 2 lots are put out to tender, see Annex B, whereupon the Contracting Authority will decide on the award of either lot 1 or lot 2 pursuant to the principles of concurrent tender procedures.

— In lot 1, the Supplier is to undertake the performance of both task A, conventional preparedness, and task B, other preparedness.

— In lot 2, the Supplier is only to undertake the performance of task B, other preparedness, as the Contracting Authority itself will undertake the performance of task A if it chooses lot 2.

— Hence, it will not be possible to submit a tender for task A alone.

— The Supplier may choose to submit tenders for 1 or both lots.

— Depending on the Supplier's existing fleet of vessels, if any, a substantial capital requirement for building and/or reconstruction of vessels may be involved. The Contracting Authority furthermore contemplates laying down requirements for the Supplier's financial ability to tolerate, inter alia, possible reductions in the current payment due to defective performance of the contract. The requirement and possible method in this respect will be a part of the competitive dialogue. The Supplier may therefore be faced with a significant challenge of providing the necessary financial latitude for performing the contract.

— It is of decisive importance to the Contracting Authority that an emergency preparedness is continuously available for activation in case of pollution incidents. In order to safeguard the emergency preparedness against the Supplier's possible bankruptcy, the Contracting Authority is at present considering the contract and corporate structure. The following requirements are therefore expected to be made:

1) that the agreement is entered into with a special company (a so-called special purpose vehicle (SPV)), the only objective of which is to carry out the task for the Contracting Authority.

2) that a subsidiary of the SPV set out in item 1 above is established as a separate crew SPV in which the crew members for (primarily) task A are employed,

3) that the units in task B (and the associated basic crew) must not be owned, directly or indirectly, by the operating SPV set out in item 1 above,

4) that a three-party agreement will be entered into between the Contracting Authority, the Supplier and the owners of the units required for task B, which, inter alia, will include a possibility for the Contracting Authority to succeed to the Supplier's rights towards the vessel owners if the Supplier should run into financial difficulties, and that the Contracting Authority will have a registered and preferential right (before other pledges) to have the unit at its disposal for a limited period of time for the solution of the task in the event of the vessel owners' bankruptcy against a financial compensation to the bankruptcy estate of the vessel owners.

— The requirements for the contract and corporate structure will be specified in the tender material and are expected to be included as a subject in the competitive dialogue. The overriding consideration is to find a model in which the Contracting Authority has faith concerning the security of supply henceforth. Accordingly, the Contracting Authority reserves the right to adjust the above.

— The task must be in operation no later than 31.12.2020. As regards section II.3) it should be noted that the duration of the contract is not finally fixed to be 180 months, but the Contracting Authority expects a contract duration of 10-25 years. The duration of the contract will be included as a subject in the competitive dialogue and will be finally fixed while taking into account the overall economic consideration, including the solution methods and amortisation profiles of the assets required. The tenderers are expected to be able to offer a date of operation sooner than 31.12.2020 and this period of time will be added to the final contract duration. For a sooner date of operation, the Supplier will thus be able to achieve an overall longer operating period.

— In the light of the long contract period, external factors are expected to entail a need of adjustment of the Supplier's services. This may be new international obligations or reorganisation of the core business of the Danish Defence. The contract will therefore include a change mechanism which takes into account such potential significant changes, including a distribution of the financial responsibility in this respect.

— After conclusion of the contract, the rights and obligations of the Danish Defence under the contract will be transferred to the Joint Defence Command Denmark which is the authority responsible for the task of marine pollution control.

— It should be noted that Forsvarsministeriets Strategiske Udbudskontor (in translation: the Strategic Tendering Department of the Danish Ministry of Defence) (formerly the Strategic Tendering Section of the Danish Defence Command) in August/September 2014 conducted a technical dialogue with market operators regarding the competitive procurement of the task of marine pollution control. It should furthermore be noted that participation in the technical dialogue is of no importance to the possibilities of pre-qualification. Material about the technical dialogue is available at www.forsvaret.dk by following the link ‘Udbud’ (‘Tenders’) under the subject field ‘Genveje’ (‘Shortcuts’). The dialogue material should only be seen as guiding background information and is not necessarily an expression of the requirements which the Contracting Authority will lay down in the tender material.

Delkontraktnummer: 1
Delkontraktens titel: Task A, Conventional preparedness and task B, other emergency preparedness
Kort beskrivelse:

The Supplier may submit tender for lot 1 regarding conventional and other emergency preparedness. The conventional preparedness unit must have OILREC/CHEM notation. This unit must in principle not be used for other activities than the tasks following from the agreement with the Contracting Authority. The Contracting Authority reserves the right to use the OILREC/CHEM unit for other activities, provided that these activities are fully compatible with the Supplier's other obligations. Units included in the other emergency preparedness must have at least OILREC notation. The OILREC units may, besides the emergency preparedness task, be used for the Supplier's commercial activities. The Supplier must at all times, however, and at short notice be able to release the necessary capacity from the Supplier's other tasks, if any, in order to solve the emergency preparedness…

… task.— The Supplier's preparedness must be deployable everywhere within the Danish exclusive economic zone (EEZ). The task must always be commenced as quickly as possible and units must be able to depart from the harbour or commence relocation from position towards the polluted area within an hour of alert.— In addition to the requirement for preparedness to be ready within a notice of 1 hour, the Contracting Authority will furthermore lay down specific requirements for response times in relation to geographical areas of the Danish EEZ which the Supplier's preparedness must be able to comply with. These response time requirements will be to the effect that the Supplier's preparedness must be able as quickly as possible and no later than 8 hours after alert to arrive at the relevant destination and commence pollution control with the first unit.— A requirement will be stipulated for a maximum 8 hour response time for the first unit in the following territories: Skagerrak from Hanstholm to Skagen, Kattegat, the Great Belt, the Little Belt, the cluster of islands of the south of Funen (Det Sydfynske Øhav) and the waters south of Lolland to Gedser, the western Baltic Sea at Møn and Falster, Fakse Bay, Køge Bay, Øresund, and Hammergat and the waters west of Bornholm. In other territories of the Danish EEZ, the Supplier is required to commence pollution control as quickly as possible. The response times only apply within the Danish EEZ. The precise requirements for response times will be stated in the tender material.— The Contracting Authority expects to propose the location of the OILREC/CHEM unit to be decided so as to consider the Supplier's suggested solution and commercial activities, if any, as much as possible. However, the Supplier must expect the Contracting Authority to stipulate that the OILREC/CHEM unit must be placed so as to commence pollution control within 8 hours in one of the following two territories:— Territory 1) Includes Skagerrak from Hanstholm to Skagen and Kattegat. — Territory 2) Southern Kattegat, the Great Belt, the Little Belt, the cluster of islands of the south of Funen (Det Sydfynske Øhav) and the waters south of Lolland to Gedser.— See the website https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf under the menu Prequalification Material for a graphical illustration of the the territories where specific requirements for response times for the Supplier's preparedness will apply.

… task.

— The Supplier's preparedness must be deployable everywhere within the Danish exclusive economic zone (EEZ). The task must always be commenced as quickly as possible and units must be able to depart from the harbour or commence relocation from position towards the polluted area within an hour of alert.

— In addition to the requirement for preparedness to be ready within a notice of 1 hour, the Contracting Authority will furthermore lay down specific requirements for response times in relation to geographical areas of the Danish EEZ which the Supplier's preparedness must be able to comply with. These response time requirements will be to the effect that the Supplier's preparedness must be able as quickly as possible and no later than 8 hours after alert to arrive at the relevant destination and commence pollution control with the first unit.

— A requirement will be stipulated for a maximum 8 hour response time for the first unit in the following territories: Skagerrak from Hanstholm to Skagen, Kattegat, the Great Belt, the Little Belt, the cluster of islands of the south of Funen (Det Sydfynske Øhav) and the waters south of Lolland to Gedser, the western Baltic Sea at Møn and Falster, Fakse Bay, Køge Bay, Øresund, and Hammergat and the waters west of Bornholm. In other territories of the Danish EEZ, the Supplier is required to commence pollution control as quickly as possible. The response times only apply within the Danish EEZ. The precise requirements for response times will be stated in the tender material.

— The Contracting Authority expects to propose the location of the OILREC/CHEM unit to be decided so as to consider the Supplier's suggested solution and commercial activities, if any, as much as possible. However, the Supplier must expect the Contracting Authority to stipulate that the OILREC/CHEM unit must be placed so as to commence pollution control within 8 hours in one of the following two territories:

— Territory 1) Includes Skagerrak from Hanstholm to Skagen and Kattegat. — Territory 2) Southern Kattegat, the Great Belt, the Little Belt, the cluster of islands of the south of Funen (Det Sydfynske Øhav) and the waters south of Lolland to Gedser.

— See the website https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf under the menu Prequalification Material for a graphical illustration of the the territories where specific requirements for response times for the Supplier's preparedness will apply.

Anslået værdi uden moms: 1 300 000 000 💰
2 000 000 000 💰
Yderligere oplysninger om delkontrakterne:

See section II.1.5) for further information about the concurrent tender procedures.

Delkontraktnummer: 2
Delkontraktens titel: Task B, other emergency preparedness
Kort beskrivelse:

The Supplier may submit tender for lot 2 regarding the other emergency preparedness. The units of the other emergency preparedness must have at least OILREC notation. The units may, besides the emergency preparedness task, be used for the Supplier's possible commercial activities. The Supplier must at all times and at short notice, however, be able to release the necessary capacity from the Supplier's other tasks, if any, in order to solve the emergency preparedness…

… task.— The Supplier's preparedness must be deployable everywhere within the Danish exclusive economic zone (EEZ). The task must always be commenced as quickly as possible and units must be able to depart from the harbour or commence relocation from position towards the polluted area within an hour of alert.— Apart from the requirement for preparedness to be ready within a notice of 1 hour, the Contracting Authority will furthermore lay down specific requirements for response times in relation to geographical areas of the Danish EEZ which the Supplier's preparedness must be able to observe. These response time requirements will be to the effect that the Supplier's preparedness must be able as quickly as possible and no later than 8 hours after alert to arrive at the relevant destination and commence pollution control with the first unit.— The Contracting Authority will in parallel with the Supplier's vessels in lot 2, own and operate an OILREC/CHEM unit which will be based at either Naval Station Frederikshavn or Naval Station Korsør. Depending on the location of the OILREC/CHEM unit, the unit will perform the requirement of a maximum 8 hour response time for the first unit for pollution control in the waters around, respectively, Frederikshavn or Korsør. The Contracting Authority expects to let the location of the OILREC/CHEM unit depend on the Supplier's suggested solution, so as to consider the Supplier's commercial activities as much as possible. This means that the Supplier will be subject to a requirement of maximum 8 hours' response time for the first unit in one of the following territories:— Territory 1) Skagerrak from Hanstholm to Skagen, Kattegat, Øresund, Køge Bay, Fakse Bay and the western Baltic Sea at Møn and Falster and Hammergat and the waters to the west of Bornholm. (The OILREC/CHEM unit of the Contracting Authority is based at Korsør), or — Territory 2) Southern Kattegat, the Great Belt, the Little Belt, the cluster of islands of the south of Funen (Det Sydfynske Øhav) and the waters south of Lolland to Gedser, the western Baltic Sea at Møn and Falster, Fakse Bay, Køge Bay, Øresund, and Hammergat and the waters west of Bornholm. (The OILREC/CHEM unit of the Contracting Authority is based at Frederikshavn).— In other territories of the Danish EEZ, the Supplier is required to commence pollution control as quickly as possible. The response times only apply within the Danish EEZ. The precise requirements for response times will be stated in the tender material.— See the website https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf under the menu Prequalification Material for a graphical illustration of the the territories where specific requirements for response times for the Supplier's preparedness for Territories 1 and 2, respectively, will apply.

… task.

— Apart from the requirement for preparedness to be ready within a notice of 1 hour, the Contracting Authority will furthermore lay down specific requirements for response times in relation to geographical areas of the Danish EEZ which the Supplier's preparedness must be able to observe. These response time requirements will be to the effect that the Supplier's preparedness must be able as quickly as possible and no later than 8 hours after alert to arrive at the relevant destination and commence pollution control with the first unit.

— The Contracting Authority will in parallel with the Supplier's vessels in lot 2, own and operate an OILREC/CHEM unit which will be based at either Naval Station Frederikshavn or Naval Station Korsør. Depending on the location of the OILREC/CHEM unit, the unit will perform the requirement of a maximum 8 hour response time for the first unit for pollution control in the waters around, respectively, Frederikshavn or Korsør. The Contracting Authority expects to let the location of the OILREC/CHEM unit depend on the Supplier's suggested solution, so as to consider the Supplier's commercial activities as much as possible. This means that the Supplier will be subject to a requirement of maximum 8 hours' response time for the first unit in one of the following territories:

— Territory 1) Skagerrak from Hanstholm to Skagen, Kattegat, Øresund, Køge Bay, Fakse Bay and the western Baltic Sea at Møn and Falster and Hammergat and the waters to the west of Bornholm. (The OILREC/CHEM unit of the Contracting Authority is based at Korsør), or — Territory 2) Southern Kattegat, the Great Belt, the Little Belt, the cluster of islands of the south of Funen (Det Sydfynske Øhav) and the waters south of Lolland to Gedser, the western Baltic Sea at Møn and Falster, Fakse Bay, Køge Bay, Øresund, and Hammergat and the waters west of Bornholm. (The OILREC/CHEM unit of the Contracting Authority is based at Frederikshavn).

— In other territories of the Danish EEZ, the Supplier is required to commence pollution control as quickly as possible. The response times only apply within the Danish EEZ. The precise requirements for response times will be stated in the tender material.

Anslået værdi uden moms: 500 000 000 💰
800 000 000 💰
Tidsramme for efterfølgende kontrakter: 60 måneder
Varighed: 180 måneder
Sted for udførelsen
Hovedsted eller sted for udførelsen: Danish waters.

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Egnethed til at udøve det erhverv:

Either a solemn declaration as to whether the Supplier has unpaid, due debt to public authorities pursuant to the Danish Act on Limitation of Debtors' Possibilities of Participation in Public Tender Procedures and on the Amendment of Certain Other Acts (lov om begrænsning af skyldneres muligheder for at deltage i offentlige udbudsforretninger og om ændringer af visse andre love). This act is available (in Danish) at www.retsinformation.dk The Contracting Authority has drawn up a specimen form for the undertaking, which is available at https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf under the menu Pre-qualification material.

— Or an official certificate from the Danish Business Authority (Erhvervsstyrelsen) containing the same information.

— Or an official certificate from an equivalent foreign authority containing the same information. Please note that it may be necessary to supplement such foreign certificate with a solemn declaration regarding circumstances not covered by the certificate (e.g. the operator's compliance with its obligations in Denmark).

It is important that the solemn declaration/the official certificate concerns the precise legal entity (e.g. a company) submitting the request.

For groups of operators (e.g. a consortium), the information must be submitted for each participating operator in the group.

Økonomisk og finansiel stilling:

The Applicant is asked to enclose the following information/formalities required for assessing the Applicant's financial capacity:

1. Information about the Applicant's turnover, profit ratio, equity ratio, equity and balance sheet total for the latest 3 financial years, depending on the date when the Applicant was set up or started trading, must be enclosed with the application in a separate document in a well-arranged presentation. There will be no requirement for this document to be certified by auditors.

2. A statement of whether the Applicant's financial key figures are still deemed to be a reflection of the Applicant's financial situation, or whether substantial changes have taken place affecting the financial capacity. There will be no requirement for this document to be certified by auditors. This documentation is only to be submitted if the financial statement has been finalised more than 6 months ago.

This item 2 may be complied with by providing information about financial key figures (turnover, profit ratio, equity ratio, equity and balance sheet total) from the latest quarterly or half-yearly accounts or by submission of the latest quarterly or half-yearly accounts. This item may for publicly listed undertakings be complied with by a copy of stock exchange notifications or a statement to the effect that the undertaking has submitted no stock exchange notifications about significant changes to the undertaking's financial situation since the last financial year.

3. Copy of the Applicant's latest annual results reported.

4. Description of the Applicant's experience of providing equity in the construction phase and the operating phase, respectively.

5. Description of the Applicant's experience of providing loan capital in the construction phase and the operating phase, respectively.

6. Description of the Applicant's experience of providing guarantees.

If the application is submitted by a consortium, the information stated above in items 1-6 must be provided for all members of the consortium.

Teknisk og faglig kompetence:

Submission of a list of the most significant equivalent services, see section II.1.5), which the Applicant has carried out in the course of the latest three years depending on the date when the Applicant was established or started up its business activities.

Equivalent services are understood to mean, in particular:

— containment and/or removal of pollution at sea or other corresponding emergency preparedness tasks,

— tasks which imply the procurement of a significant project financing basis, and/or

— building/rebuilding of vessel tonnage.

The Contracting Authority would prefer that the list includes the following: a brief description of the task and the role undertaken by the Applicant in connection with its execution, the recipient, the amount and the time of delivery.

Mindstekrav til niveauet:

It is a minimum requirement that the Applicant has at least one relevant reference from equivalent services.

Kontraktens udførelse
Krav om deponering og sikkerhedsstillelse:

In the period between conclusion of contract and deployment, the Supplier is expected to be required to provide a financial guarantee from a bank, a guarantee institute, a pension fund or similar with a view to providing security for the Contracting Authority's claims, if any, against the Supplier.

— In the operating phase, the Supplier is expected to be required to provide a financial guarantee from a bank, a guarantee institute, a pension fund or similar and/or apply an interest-bearing retention in the purchase sum. The security is established with a view to providing security for the Contracting Authority's claims, if any, against the Supplier in the operating phase. The requirement for the size of the security is expected to be gradually reduced during the term of the contract.

— The Contracting Authority furthermore contemplates to require that a tender guarantee be provided.

— The specific details regarding the provision of security and guarantees in general, including the possibility of applying interest-bearing retention instead, will be stated in the tender material.

De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem:

In task A, the Supplier is to undertake the financing of the OILREC/CHEM unit in the construction phase. At the time of deployment, the ownership of the OILREC/CHEM unit is expected to pass to the Contracting Authority against compensation, in whole or in part, of the purchase sum.

— In task B, the Supplier is to undertake the financing of the units for the entire term of the contract.

— The supplier is expected to receive a regular quarterly unit payment in arrears; the payment is expected to consist of, inter alia, a fixed amount (standby payment) and one or more variable activity-based amounts.

— The contract will include provisions to safeguard against overcompensation contrary to the State aid rules, including provisions about repayment, if any, of unlawful overcompensation. At present a model is contemplated whereby a maximum contribution margin on the agreement is fixed.

— The specific provisions regarding terms of financing and payment in general will be stated in the tender documents.

Den juridiske form, som den sammenslutning af økonomiske aktører, der skal have kontrakten, skal have:

If the contract is awarded to a group of economic operators (e.g. a consortium), each participant of the group must assume joint and several liability and appoint a joint representative. Reference is furthermore made to section II.1.5) regarding the expected contract and corporate structure.

Andre særlige vilkår:

A. The CSR considerations laid down in the conventions underlying the UN Global Compact principles will be incorporated to the extent relevant. It is furthermore expected that it will be a requirement under the contract that, for the part of the contract performed in Denmark, the Supplier and any Subcontractors are obliged to ensure that their workers are guaranteed wages, including allowances, hours of work and other conditions of labour which are not less favourable than those applying to work of the same character pursuant to a collective agreement entered into by the most representative social partners in Denmark within the trade or industry concerned and which apply to the entire territory of Denmark.

b. The Supplier must be prepared to undertake conditions under the contract regarding social clauses.

c. The Contracting Authority expects to lay down requirements for the Supplier's insurance, including (but not limited to) environmental liability insurance, collision liability insurance and total loss. The specific provisions will appear from the tender material and will be included as a subject in the competitive dialogue.

d. The Supplier and the personnel of the Supplier contributing to the performance of the task must consent to security clearance pursuant to Circular no. 9846 of 21 December 2013 of the Prime Minister's Office regarding security protection of information of common interest to the NATO or EU member states, other classified information as well as information of security protective interest in general (the security circular). It is a condition for award of the contract that the Supplier passes security clearance. Only personnel with the Supplier having obtained security clearance may perform work under the contract. The specific provisions in this respect will be stated in the tender documents.

e. The Contracting Authority will carry out a check calculation for determining whether it is financially advantageous for the Contracting Authority to our source the task, including a comparison of the two concurrent tender procedures, see section II.1.5). The Contracting Authority reserves the right to cancel the tender, in whole or in part, if on the basis of the check calculation it turns out not to be advantageous to the Contracting Authority to outsource the task.

f. Unsuccessful tenderers having submitted a best and final offer which is compliant will receive a tender fee. Compliant tenders for lot 1 will receive DKK 1 500 000. Compliant tenders for lot 2 will receive DKK 500 000. For participation in the competitive dialogue only, no tender fee will be granted. If it is apparent that tenders are submitted for the sole purpose of achieving a tender fee, the Contracting Authority will not be bound by the above.

g. In the light of the restrictions laid down in the procurement rules regarding change of composition of a pre-qualified applicant prior to submission of tender, all interested operators are encouraged to uncover the consitution options within consortia prior to the deadline for submission of pre-qualification application.

Procedure
Påtænkt antal ansøgere: 10
Objektive kriterier for udvælgelse:

Reduction of the number of applicants invited to tender will take place after evaluation of which applicants have documented the best economic and financial capacity, see section III.2.2) and the most relevant deliveries of the services covered by the contract, see section III.2.3). Economic/financial capacity and technical capacity are weighted equally in the evaluation.

5 operators will be pre-qualified per lot.

Sprog
Sprog: engelsk 🗣️
dansk 🗣️

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: CVR: 25775635
Kontakt
Enhed: Susanne Taarnehøj
URL til deltagelse: https://www.ethics.dk/asp5/qualify/FMN_6101_20141125.nsf 🌏
E-mail: kfst@kfst.dk 📧
URL til dokumenter: https://www.ethics.dk/asp5/qualify/FMN_6101_20141125.nsf 🌏

Reference
Datoer
Offentliggørelsesdato: 2014-05-31 📅
Identifikatorer
Meddelelsesnummer i EUT S: 2014/S 104-183051
Yderligere oplysninger

— On the web site, Applicants will find pre-qualification guidelines as well as special information forms in Pdf-format (Portable Document Format) that can be filled out as part of the documentation required for applying for pre-qualification. In order to complete, save and sign documents in Pdf-format, and conclude the application for pre-qualification, Applicants' computers must have Adobe Reader (9.0 or a later version) installed. Alternatively, Adobe Acrobat (6.0 or a later version) may be used.

The pre-qualification guidelines will set out the form requirements, including a list of documents to be completed and enclosed, which must be complied with when applying for pre-qualification.

— The application for pre-qualification may be submitted in Danish or English. In general, the tender material is expected to be drawn up in English and it is furthermore expected that tenders will be allowed both in Danish and in English. Similarly, the competitive dialogue is expected to be conducted in Danish and English. If only Danish operators are pre-qualified, the Contracting Authority reserves the right to decide that the competitive dialogue is to be conducted in Danish and/or that the tender may only be submitted in Danish.

— A clarification meeting for interested operators will be held on 18.12.2014 at 9:00 - 12:00 at the naval base 'Flådestation Korsør'. Address Sylowsvej 8, DK-4220 Korsør, Denmark. Notice for participation must be submitted to Holger Haarløv at hbh@fmn.dk no later than Monday, 15.12.2014 at 15:00.

— In the pre-qualification application the Applicant is requested to state whether the application relates to lots nos. 1, 2 or both. If nothing is stated to the contrary in the application, the Contracting Authority will regard the application as pertaining to both lots. Evaluation of the applications for lot 1 and lot 2, respectively, will take place independently of each other. An applicant may thus be pre-qualified for one lot without necessarily being pre-qualified for the other lot. It will also be possible, see section II.1.5), to submit tenders for either lot 1 or 2 or both (provided that pre-qualification has been obtained for both lots). The specific requirements for submitting tenders will be stated in the tender documents.

— Any questions and answers in connection with submission of requests for pre-qualification will be published at: https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf, under the menu Questions and Answers. Interested operators are encouraged to regularly seek information at the website.

— In respect of section II.2.1), it should be noted that the information provided reflects the scope of task A and B collectively. This means, both the tasks covered by lot 1.

— As regards sections III.2.2) and III.2.3) it should be noted that the Supplier may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor) regardless of the legal nature of the links between the Supplier and such other entities. The Supplier must in that case substantiate that the Supplier will have at its full disposal the resources necessary to perform the contract, for example by producing an undertaking or other documentation on the part of such entities to place the necessary resources at its disposal for the duration of the contract; the information stipulated in sections III.2.2) or III.2.3) must also be stated for the supporting entity. Otherwise, the Contracting Authority will not be able to take into consideration the capacity of such other entities. The Contracting Authority has drawn up a specimen form for the undertaking, which is available at https://www.ethics.dk/asp5/qualify/fmn_6101_20141125.nsf, under the menu item ‘Pre-qualification material’.

— In respect of section IV.1.1) it should be noted that the tender procedure will be conducted as a competitive dialogue. At the time of publication of the contract notice, it is expected that a discussion paper for dialogue will be submitted to pre-qualified tenderers at the end of February 2015, whereas the competitive dialogue is expected to take place from end March till June 2015. A final agreement is expected to be concluded within the end of 2015. The Contracting Authority reserves the right to adjust this time schedule.

— As regards section IV.1.2) it should be noted that each Applicant may only submit one application for pre-qualification per lot. If the same legal entity is part of or otherwise participates in several applications, for example submits its own application, but at the same time participates in an applicant consortium, such applicants must ensure that the same legal entity's participation does not entail an opportunity to mutually influence the contents of the tenders of the various tenderers. The Contracting Authority reserves the right to request applicants to substantiate that the participation of the same legal entity does not entail an opportunity of mutually influencing the contents of the tenders of the various tenderers, including that a practice is not followed which may threaten transparency and distort competition between the bidders.

— In respect of section IV.1.3), it should be noted that the specific criteria for a reduction, if any, of the number of operators during the competitive dialogue will be set out in the descriptive document. Hence, it is not finally determined whether there will be a reduction of the number of economic operators. It is contemplated at present as an element of the competitive dialogue to lay down requirements that the participants must be able to reassure the Contracting Authority that the participants are able to provide the necessary financial basis for the solutions presented during the dialogue.

— If applications or tenders do not meet the formal requirements stated in the tender documents, the Contracting Authority reserves the right to use the procedure set out in section 12 of Danish Executive Order no. 712 of 15.6.2011 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for Udbud
Postadresse: Dahlerups Pakhus, Langelinie Allé 17
Postby: Copenhagen OE
Postnummer: 2100
Land: Danmark 🇩🇰
E-mail: klfu@erst.dk 📧
Internetadresse: www.klfu.dk 🌏
Oplysninger om frister for klageprocedurer:

Pursuant to the Danish Act on Enforcement of the Procurement Rules, etc. (the Act is available at www.retsinformation.dk), the following deadlines apply to lodging of appeals:

— Appeals for not having been pre-qualified must be submitted to the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) within 20 calendar days calculated from the day after the day when the Contracting Authority has sent notification to the affected applicants of the identity of the applicant having been pre-qualified, provided that the notification has given a brief account of the relevant grounds for the decision.

— In other situations, appeals must be lodged with the Danish Complaints Board for Public Procurement within 45 calendar days after the Contracting Authority has published a notice in the Official Journal of the European Union that the Contracting Authority has awarded the contract. The deadline is calculated from the day after the day when the notice has been published.

— The complainant must no later than at the same time as lodging the appeal with the Complaints Board for Public Procurement notify the Contracting Authority that an appeal has been lodged with the Board and whether the appeal has been lodged within the standstill period, see section 3(1) of the Act. In the event that the appeal has not been lodged within the standstill period, the complainant must furthermore state whether a suspensory effect of the appeal has been requested, see clause 12(1) of the Act.

— The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).

— The Complaint Board's own complaints procedure is available at www.klfu.dk

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000 📞
Internetadresse: www.kfst.dk 🌏
Kilde: OJS 2014/S 238-419262 (2014-12-05)

Supplerende oplysninger (2014-12-10)
Objekt
Bekendtgørelsens metadata
Dokumenttype: Supplerende oplysninger

Reference
Datoer
Afsendelsesdato: 2014-12-10 📅
Offentliggørelsesdato: 2014-12-13 📅
Identifikatorer
Bekendtgørelsesnummer: 2014/S 241-424099
Henviser til bekendtgørelse: 2014/S 238-419262
EUT-S-nummer: 241
Kilde: OJS 2014/S 241-424099 (2014-12-10)

Supplerende oplysninger (2015-01-06)
Reference
Datoer
Afsendelsesdato: 2015-01-06 📅
Offentliggørelsesdato: 2015-01-08 📅
Identifikatorer
Bekendtgørelsesnummer: 2015/S 005-005326
EUT-S-nummer: 5
Kilde: OJS 2015/S 005-005326 (2015-01-06)

Supplerende oplysninger (2015-01-16)
Reference
Datoer
Afsendelsesdato: 2015-01-16 📅
Tilbudsfrist: 2015-02-16 📅
Offentliggørelsesdato: 2015-01-21 📅
Identifikatorer
Bekendtgørelsesnummer: 2015/S 014-021124
EUT-S-nummer: 14
Kilde: OJS 2015/S 014-021124 (2015-01-16)

Supplerende oplysninger (2015-01-27)
Reference
Datoer
Afsendelsesdato: 2015-01-27 📅
Offentliggørelsesdato: 2015-01-30 📅
Identifikatorer
Bekendtgørelsesnummer: 2015/S 021-033968
EUT-S-nummer: 21
Kilde: OJS 2015/S 021-033968 (2015-01-27)

Supplerende oplysninger (2016-11-09)
Reference
Datoer
Afsendelsesdato: 2016-11-09 📅
Offentliggørelsesdato: 2016-11-11 📅
Identifikatorer
Bekendtgørelsesnummer: 2016/S 218-398028
EUT-S-nummer: 218
Kilde: OJS 2016/S 218-398028 (2016-11-09)

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