Acquisition of Container-based Liquid Oxygen (LOX) Plant Capable of Producing LOX for Use in C-130J Aircraft

Danish Defence Acquisition and Logistics Organization (DALO)

The Danish Defence wants to acquire a container-based LOX-plant, that is capable of producing liquid oxygen (LOX) for use in C-130J aircraft. LOX is used in the emergency supply-system of the pilots in C-130J aircraft, and therefore is the prerequisite for use of any C-130J aircraft in connection with international operation (INTOPS). The emergency supply-system of LOX must be refilled approximately every 2 (two) weeks, whereby C-130J aircraft must be taken out of any operation during the refill. Currently the Danish Defence does not produce LOX itself, and LOX is therefore purchased from different suppliers. When operating in areas with LOX of a poor quality, aircrafts must be taken out of operations for longer periods in order to find LOX that meets the quality requirements of the Danish Defence. In order to increase the availability of the C-130J aircrafts under INTOPS, the Danish Defence wants to acquire a container-based LOX-plant in order to be self-sufficient in LOX. The contract includes the delivery of a container-based LOX-plant capable of producing LOX that is compliant with STANAG 7106, 3. e., April 2015 specifications or equivalent. The LOX-plant, including initial spare part packages, initial education and documentation, will be procured on the basis of an acquisition contract. In addition, DALO wants to enter into a sustainment contract (framework agreement) allowing for the subsequent procurement of additional spare parts, education, sustainment services, including maintenance services and support in a period of 84 months from the delivery of the LOX-plant. The 2 contracts should be seen as a whole and will both be awarded to the successful tenderer. The contract includes an option for purchase of one additional container-based LOX-plant including initial spare part packages, initial education and documentation and a sustainment contract allowing for the sustainment of the additional container-based LOX-plant for a period of 84 months from delivery of the additional LOX- plant. This option can be exercised within 5 years.

Deadline

Fristen for modtagelse af bud var på 2020-11-09. Indkøbet blev offentliggjort på 2020-10-09.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• Topmark Trading ApS

Hvem?

• Danish Defence Acquisition and Logistics Organization (DALO)

Hvad?

Hvor?

• Danmark › Danmark

Indkøbshistorik

Dato	Dokument
2020-10-09	Udbudsbekendtgørelse
2020-11-06	Supplerende oplysninger
2021-04-29	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2020-10-09)
Objekt
Omfanget af udbuddet
Titel: Flydende luft
Mængde eller omfang: 3 000 0005 100 000
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Flydende luft 📦

Procedure
Procedureform: Begrænset udbud
Bud-type: Uspecificeret
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 Defence Acquisition and Logistics Organization (DALO)
Postadresse: Lautrupbjerg 1
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: http://www.fmi.dk/Pages/forside.aspx 🌏
E-mail: mtk@kammeradvokaten.dk 📧
Telefon: +45 33152010 📞

Reference
Datoer
Afsendelsesdato: 2020-10-09 📅
Tilbudsfrist: 2020-11-09 📅
Offentliggørelsesdato: 2020-10-14 📅
Identifikatorer
Bekendtgørelsesnummer: 2020/S 200-486541
EUT-S-nummer: 200
Yderligere oplysninger

DALO have prepared a pre-qualification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements. The questionnaire is available via EU-supply. The permalink is stated in section I.1). According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to above. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions must be submitted not later than 11 December 2020. Questions asked after this date will be answered if they are received in time for the contracting entity to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered. It is noted that the duration stated in section II.3) is the duration of the contract including the optional delivery and in case of the option being exercised and the delivery takes place as late as possible according to the contract. Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com or telephone (+45) 70 20 80 14.

Yderligere oplysninger

DALO have prepared a pre-qualification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.

The questionnaire is available via EU-supply. The permalink is stated in section I.1).

According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to above.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions must be submitted not later than 11 December 2020. Questions asked after this date will be answered if they are received in time for the contracting entity to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered.

It is noted that the duration stated in section II.3) is the duration of the contract including the optional delivery and in case of the option being exercised and the delivery takes place as late as possible according to the contract.

Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com or telephone (+45) 70 20 80 14.

Objekt
Omfanget af udbuddet
Anslået værdi uden moms: 300 000 💰
500 000 💰
Kort beskrivelse:

Anslået værdi uden moms: 3 000 000 💰
5 100 000 💰
Beskrivelse af mulighederne:

Delivery of one extra container-based LOX-plant, initial Spare Part package and initial training, including maintenance services and support in a period of 84 months. This option can be exercised within 5 years.

Varighed: 156 måneder

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

When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and (2) to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established. A template for the declaration will be provided with the procurement documents, and the tenderer is encouraged – but not obliged - to use it. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.

Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of DKK 100 000 or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established, unless the tenderer has provided collateral for the overdue debt, will provide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.

However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act No 1564 of 15.12.2015, as amended – The Public Procurement Act.

Økonomisk og finansiel stilling:

The candidate must have had a positive equity ratio for each of the last 3 (three) financial years. The equity ratio is calculated by dividing the candidates equity with the candidates total assets (equity/total assets x 100).

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 (three) financial years available.

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 candidates and the entity or entities equity with the sum of the candidates and the entity or entities total assets (sum of equity/sum of total assets x 100) in each of the last 3 (three) 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.

Kontraktens udførelse
Krav om deponering og sikkerhedsstillelse:

If advance payments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.

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

Reference is made to the procurement 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 invoicing to be done electronically. Exact terms will be stated in the contract.

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

No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants are required to undertake joint and several liabilities and to appoint one supplier to represent the group.

Andre særlige vilkår:

The contract must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Annex J for further information.

Procedure
Rammeaftalens varighed i måneder: 84
Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse: DALO has not set a maximum number of operators to be invited to tender.
Sprog
Sprog: engelsk 🗣️

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: 16287180
Kontakt
URL til deltagelse: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=281729&B=KA 🌏
E-mail: kfst@kfst.dk 📧
URL til dokumenter: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=281729&B=KA 🌏

Reference
Yderligere oplysninger

The questionnaire is available via EU-supply. The permalink is stated in section I.1).

According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to above.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions must be submitted not later than 11 December 2020. Questions asked after this date will be answered if they are received in time for the contracting entity to provide the information required and communicate the answers not later than 6 days before expiry of the application deadline. Questions received later than 6 days before expiry of the deadline cannot expect to be answered.

It is noted that the duration stated in section II.3) is the duration of the contract including the optional delivery and in case of the option being exercised and the delivery takes place as late as possible according to the contract.

Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com or telephone (+45) 70 20 80 14.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for udbud (The Complaints Board for Public Procurement)
Postadresse: Nævnenes Hus, Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
E-mail: klfu@naevneneshus.dk 📧
Telefon: +45 72405600 📞
Internetadresse: http://www.klfu.dk 🌏
Oplysninger om frister for klageprocedurer:

Pursuant to the Danish Consolidation Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union. The timelimit is calculated from the day after the publication date.

2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the rea-sons for the decision.

3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2).

The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1).

Contact information for 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 on the website stated in section VI.4.1).

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postadresse: Carl Jacobsens vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000 📞
Internetadresse: https://www.kfst.dk/ 🌏
Kilde: OJS 2020/S 200-486541 (2020-10-09)

Supplerende oplysninger (2020-11-06)
Objekt
Bekendtgørelsens metadata
Dokumenttype: Supplerende oplysninger

Reference
Datoer
Afsendelsesdato: 2020-11-06 📅
Offentliggørelsesdato: 2020-11-11 📅
Identifikatorer
Bekendtgørelsesnummer: 2020/S 220-541664
Henviser til bekendtgørelse: 2020/S 200-486541
EUT-S-nummer: 220
Kilde: OJS 2020/S 220-541664 (2020-11-06)

Bekendtgørelse om indgåede kontrakter (2021-04-29)
Objekt
Omfanget af udbuddet
Den samlede værdi af udbuddet: 593 030 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse

Ordregivende myndighed
Identitet
Navn på ordregivende myndighed: Danish Defence Acquisition and Logistics Organisation (DALO)
Kontakt
Internetadresse: http://www.fmi.dk 🌏
E-mail: ehha@kammeradvokaten.dk 📧

Reference
Datoer
Afsendelsesdato: 2021-04-29 📅
Offentliggørelsesdato: 2021-05-04 📅
Identifikatorer
Bekendtgørelsesnummer: 2021/S 086-223763
EUT-S-nummer: 86
Yderligere oplysninger

The value stated in section II.2.1) and V.4) is an evaluation price of the winning tender only, and does not constitute the exact value of the contract nor a minimum committed purchase by DALO.

Procedure
Kriterier for tildeling
Kriterium: 1. Cost (70)
2. Functionality (30)

Tildeling af kontrakt
Navn: Topmark Trading ApS
Postadresse: Aalborgvej 104
Postby: Løgstør
Postnummer: 9670
Land: Danmark 🇩🇰

Ordregivende myndighed
Kontakt
URL til dokumenter: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=281730&B=KA 🌏

Reference
Datoer
Offentliggørelsesdato: 2020-11-08 📅
Identifikatorer
Meddelelsesnummer i EUT S: 2020/S 220-541664

Supplerende oplysninger
Gennemgå organ
Oplysninger om frister for klageprocedurer:

Pursuant to Section 7(2) of the Danish Consolidation Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), complaints must be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);

2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;

3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included a short account of the relevant reasons for the decision.

The e-mail of The Complaints Board for Public Procurement is stated in section VI.3.1.

The Complaints Board for Public Procurement’s own guidance note concerning complaints is available at the internet address stated in section VI.3.1.

Kilde: OJS 2021/S 086-223763 (2021-04-29)

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