Open procedure reg. Contract for coachbuilding on OB-van and Support-van

Kort beskrivelse

These tender procedure concern DR’s open procedure for purchase of coachbuilding on one OB-van (OB=Outside Broadcast) and on one Support-van. DR wants to enter a contract for purchase of coachbuilding on 1) one OB-van as a rack ready van with cooling/heating, power inlet/distribution/UPS, exterior and interior such as lightning, desk etc. and 2) one Support-van with power inlet/distribution, cooling/heating, lightning, storage shelfs, room for personal. DR are supplying the van chassis due to special Danish registration on this type of vans. The chassis are in both cases a Volvo FL 5L 16T 4X2 FL 42 R 516A, wheelbase type 4700. The procurement procedure is made under the rules in the Danish Public Procurement Act as an open procedure, and all interested Tenderers are invited to make bids.

Beskrivelse af udbuddet

The public service provider DR (Danish Broadcasting Corporation) is Denmark’s oldest and largest electronic media enterprise, weekly reaching 96 % of the Danish population. This tender procedure concern DR’s open procedure for purchase of coachbuilding on one OB-van (OB=Outside Broadcast) and on one Support-van. DR wants to enter a contract for purchase of coachbuilding on 1) one OB-van as a rack ready van with cooling/heating, power inlet/distribution/UPS, exterior and interior such as lightning, desk etc. and 2) one Support-van with power inlet/distribution, cooling/heating, lightning, storage shelfs, room for personnel. DR are supplying the van chassis due to special Danish registration on this type of vans. The chassis are in both cases a Volvo FL 5L 16T 4X2 FL 42 R 516A, wheelbase type 4700. The procurement procedure is made under the rules in the Danish Public Procurement Act as an open procedure, and all interested Tenderers are invited to make bids.
DR recommends that the Tenderers first read the Tender conditions which provide the guidelines and framework for the whole tender process. Subsequently the Tenderers can read the remaining part of the tender material. DR emphasizes that the Tenderers should fulfill all minimum requirements. This regards both the minimum requirements regarding suitability, i.e., the Tenderes technical capacity (see below) and the minimum requirements that are closely related to the fulfilment of the contract cf., the contract's Appendix 1 - Requirement Specifications. DR also refers to the Tender conditions regarding the risk of making reservations towards the tender material.
The Tenderers can ask questions during the bid phase by using the question and answer module in the tender platform. DR promises that questions that are submitted before the "Deadline for questions where DR can guarantee an answer" will be answered no later than 6 (six) days before the deadline for submitting the bids, cf. the Tender conditions section 4. If DR answers any questions or publishes any supplementary material later than 6 (six) days before the deadline for submitting the bids, DR is obliged to extend the deadline for submitting the bids accordingly.
DR will deliver the two chassis on the business address of the winning Tenderer (hereinafter known as the "Supplier") after the contract has been signed. The Supplier will then build the coaches on top of the chassis according to the requirements. DR will visit the Supplier a few times during the build-up process to supervise the ongoing work and also conduct a final FAT test, when the build is finished. DR will handle the transport of the vans from the Suppliers business address and back to DR's location in Denmark.
All the work under the contract is of a very technical nature, and all partial works are very closely linked together and must be carried out in a continued process. Therefore the contract is not divided into lots.

Liste og kortfattet beskrivelse af udvælgelseskriterier

Regarding the technical capacity the Tenderer must in the ESPD as a Minimum requirement describe at least 2 (two) and maximum of 3 (three) relevant and similar references. A reference is considered “relevant and similar” if it has been executed and finalized within the last 5 (five) years prior to the deadline for submission of bids. The Danish Puclic Procurement Act article 155(2) allows for requesting references that are up to 5 years old (as opposed to the outset rule of 3 years) if it is necessary to ensure sufficient competition. DR has assessed that it is necessary in this case, since contracts regarding vehicles of this kind are not concluded very often.
The work may have begun earlier than 5 (five) years prior to the deadline, but it must not have been completed earlier than 5 (five) years prior to the deadline. Also, the “relevant and similar” reference must have included building of a coach on an OB-van for both TV- and radio broadcasting (public service or private/commercial) equipped with cooling and heating, power inlet/distribution/UPS, exterior and interior such as lightning, desk etc. It is not necessary that the reference has included building of a support-van.

VERIFICATION OF INFORMATION IN THE ESPD:
Before DR's decision to award the contract, DR must demand that the Tenderer, which DR intends to award the contract to, present documentation for the information stated in the ESPD. The documentation concerns the requirements made for the Tenderer's personal affairs (exclusion grounds cf. the Tender conditions section 8.2). If the presented documentation is not adequate, DR will declare the bid non-compliant. DR will then assess if DR wants to cancel the procurement procedure or ask the Tenderer that has submitted the second best bid, under the award criterion in clause 8.5, to present documentation for the information given in the ESPD for the purpose of awarding the contract to this Tenderer. If the documentation is not sufficient, DR will again assess if the procurement procedure should be cancelled or if the third best Tenderer should be requested to submit documentation, and so on.
Businesses registered in Denmark: As documentation regarding the exclusion grounds, DR will demand that a service certificate is produced from the winning Tenderer (according to section 153(1) of the Danish Public Procurement Act). The obtained service certificate must contain the following:
• Information that the winning Tenderer as a business has complied with its obligations to the public as regards payment of taxes, charges and contributions to social security schemes,
• Information that the winning Tenderer as a business is not in bankruptcy, liquidation, restructuring or a similar situation, and
• Information that the winning Tenderer as a business (and managerial staff and persons having authorisation to represent, control or make decisions in the management of the business) has not been sentenced for any crimes.
DR accepts Danish service certificate until 6 months after they are issued.
European businesses: For businesses registered in a European country, the documentation must comply with the applicable rules for documentation in the country in which the Tenderer is established. European countries can make use of eCertis, which is an information system that helps businesses with identifying which documentation (including certificates) is required in the tender procedures across the EU. Please be aware that eCertis is a reference tool and not a system for legal advice. There is no guarantee that the results of the search in eCertis complies with what is required by DR.
Non-European businesses: For businesses not registered in a European country, the documentation must follow the rules for documentation implemented in the country in which the Tenderer is established. Non-European businesses cannot use eCertis.
NOTIFICATION OF THE RESULT OF DR's EVALUATION OF THE BIDS:
All participants in the procurement procedure will be informed simultaneously and in writing of the result of DR's evaluation of the bids. The notification to the winning Tenderer that its bid has been identified as the winning bid, is a declaration that DR intends to award and thus conclude an agreement with said Tenderer. There is no binding agreement or a promise to that effect until the contract has been signed by both parties. The contract is signed immediately after expiry of the stand-still period, unless during this period an official complaint is submitted to the Public Contracts Appeals Board. DR does not consider the procurement procedure completed until the contract has been signed.
Notification about the result of the procurement procedure will also be announced in the Official Journal of the European Communities in compliance with applicable rules to that effect.

DR only received a single compliant bid, and the tender process is therefore cancelled. DR remains in the market for coachbuiliding on an OB-van and Support-van and so the aim is to soon publish a new tender, whereby DR hopes to ensure a stronger competition situation. DR thanks all the participants for the efforts that they have put into the tender process so far.