Acquisition of F-35 Jet fuel delivered by ship to Esbjerg Port

Kort beskrivelse

Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) requires F-35 Jet fuel for a range of aviation capacities, ranging from fighters to transporters and helicopters. The fuel is to be delivered to the North European Pipeline System (NEPS) through ship to Esbjerg Port. F-35 Jet fuel is the North Atlantic Treaty Organisation (NATO) designation for jet fuel compliant with the minimum quality requirements set out by NATO STANAG 3747 – Guide specifications (minimum quality standards) for aviation turbine fuels (Grade F-35 Jet fuel). Within these limits, participating nations can have further requirements to the fuel in their national specifications. DALO requirements for F-35 fuel are addressed by the United Kingdom Defence Standard “DEF STAN 91-091: Turbine Fuel, Kerosene Type, Jet A-1; NATO Code: F-35; Joint Service Designation: AVTUR” or equivalent.

DALO expect an annual average purchase of 10.000.000 litre F-35 Jet fuel.

The framework agreement shall become effective at the date of the latest signature of the agreement. The agreement shall expire without notice after 2 (two) years, unless DALO chooses to exercise the option for renewal of the agreement.

Under the framework agreement DALO can enter up to 2 (two) parallel agreements.

Beskrivelse af udbuddet

Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) requires F-35 Jet fuel for a range of aviation capacities, ranging from fighters to transporters and helicopters. The fuel is to be delivered to the North European Pipeline System (NEPS) through ship to Esbjerg Port. F-35 Jet fuel is the North Atlantic Treaty Organisation (NATO) designation for jet fuel compliant with the minimum quality requirements set out by NATO STANAG 3747 – Guide specifications (minimum quality standards) for aviation turbine fuels (Grade F-35 Jet fuel). Within these limits, participating nations can have further requirements to the fuel in their national specifications. DALO requirements for F-35 fuel are addressed by the United Kingdom Defence Standard “DEF STAN 91-091: Turbine Fuel, Kerosene Type, Jet A-1; NATO Code: F-35; Joint Service Designation: AVTUR” or equivalent.

DALO expect an annual average purchase of 10.000.000 litre F-35 Jet fuel.

The framework agreement shall become effective at the date of the latest signature of the agreement. The agreement shall expire without notice after 2 (two) years, unless DALO chooses to exercise the option for renewal of the agreement.

Under the framework agreement DALO can enter up to 2 (two) parallel agreements.

Yderligere oplysninger

In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a candidate or tenderer that is subject to the ground for exclusion.

It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in this contract notice (which is system-generated) may suggest this.

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

The agreement is not divided into lots since a division of the agreement will entail disproportionate costs due to subsequent contract administration.

It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1 for the exact delimitation of the operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership.

As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the electronic tender system) which must be used as declaration.

Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities.

DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act.

An information meeting will be held prior to the deadline for submission of offer. Reference is made to the instructions to tenderers for further information in that regard.

Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act.

DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement.

The estimated value of the framework agreement is USD 30.000.000, and the maximum value of the agreement is USD 90.000.000. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, and uncertainty regarding the fuel prices through the duration of the agreement.

Liste og kortfattet beskrivelse af udvælgelseskriterier

The equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last 2 financial years available.: The tenderer must have had a positive equity ratio of the last 2 financial years available.

The tenderer and other entities, if any, must state the 1) equity, 2) total assets and 3) equity ratio as key figures in the ESPD. The equity and total assets must be stated in DKK.

If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio will be calculated by dividing the sum of the equities of all participants with the sum of the total assets of all participants (the sum of equities/the sum of total assets x 100) in each of the last 2 financial years available.

If the tenderer relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity ratio will be calculated by dividing the sum of the tenderer’s and the entity’s/entities’ equity with the sum of the tenderer’s and the entity’s/entities’ total assets (the sum of equities/the sum of total assets x 100) in each of the last 2 financial years available.

Upon request from DALO, the tenderer must submit the following documentation:

Annual reports or excerpts thereof or other documentation stating the tenderer’s equity and total assets at the end of the last 2 financial years available if publication of annual reports is required under the law of the country in which the tenderer is established. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the documentation must also be provided for each such entity or entities.

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

Payment shall take place no later than 30 days after the supplier has forwarded a satisfactory invoice to DALO. The specific payment terms will be included in the tender documents.

Betingelser for opfyldelse af kontrakten

The agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to the tender documents for further information. In the procurement of the agreement, the risk profile is assessed to the following follow-up action (risk level): [B.

In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a candidate or tenderer that is subject to the ground for exclusion.

It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in this contract notice (which is system-generated) may suggest this.

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

The agreement is not divided into lots since a division of the agreement will entail disproportionate costs due to subsequent contract administration.

It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1 for the exact delimitation of the operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership.

As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the electronic tender system) which must be used as declaration.

Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities.

DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act.

An information meeting will be held prior to the deadline for submission of offer. Reference is made to the instructions to tenderers for further information in that regard.

Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act.

DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement.

The estimated value of the framework agreement is USD 30.000.000, and the maximum value of the agreement is USD 90.000.000. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, and uncertainty regarding the fuel prices through the duration of the agreement.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Pursuant to the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply:
1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into an agreement. The deadline is calculated from the day after the day when the notice was published.
2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that an agreement based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.
3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2).

The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 6(4) of the Act on The Complaints Board for Public Procurement.
If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal be granted suspensory effect, see section 12(1).

The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.