Open procedure for the replacement of the battery rooms for the electric ferry E/F Ellen at Ærøfærgerne

Kort beskrivelse

This invitation to tender concerns a contract for the replacement of the two (2) battery rooms on Ærøfærgerne’s electric ferry E/F Ellen. The replacement is to include the replacement of an adequate fire suppression system, as well as annual test of State of Health during the Tenderers offered warranty period.

Yderligere oplysninger

Duration of the contract:
The duration of the contract is minimum 10 years. The Tenderer can choose to offer 15 years of warranty instead. In this case the duration of the contract will be 15 years.

NIS 2 Directive:
The Contracting Authority is obliged by the NIS 2 Directive. As a supplier to an entity that is covered by the Nis 2 directive, the Supplier is obliged to complete the Delivery in such a way, that the Contracting Authority are in compliance with the rules of the NIS 2 directive to the extent that the rules prescribe.

Grounds for exclusion according to § 134 a of the Public Procurement Act:

Is the economic operator established in a country that is on the EU list of non cooperative tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement or other trade agreements that oblige Denmark to open the market for public contracts to bidders established in the country in question.

The Contracting Authority must also exclude economic operators who are subject to the EU's sanctions in accordance with EU Regulation No. 833/2014 as amended, Article 5k on restrictive measures on the basis of Russia's actions that destabilize the situation in Ukraine.

Lots:
The Contracting Authority has decided not to divide the Agreement into lots. Based on the financial circumstances, the Contracting Authority has estimated that more favourable prices can be achieved with one overall Contract. Out of consideration for the quality and coherence of the collected assignment for which tenders are invited, it is found expedient to have one overall Contract, as a division into lots, based on market conditions, is not assessed to give additional enterprises –
including SMEs – the opportunity to submit tenders.

Questions/answers:
The Applicant/Tenderer is requested to seek to clarify any ambiguities and uncertainties by asking questions about the invitation to tender.
All questions must be asked in ETHICS by clicking ‘Send Questions’ under the ‘Communication’ tab. The dialogue box is then filled in with reference and question. By clicking ‘Send’, the question is forwarded to the Contracting Authority.
The Contracting Authority answers questions by uploading a question-and-answer document, see Contract Appendix 25 – Questions & answers.

According to the time schedule in clause 1.7, questions received before the deadline for submission of questions will be answered by the Contracting Authority, whereas questions received after the deadline will only be answered if the nature of the question does not make it disproportionately onerous for the Contracting Authority to answer the question within the response deadline.

Questions received later than six (6) whole days before the tender deadline, will generally not be answered.

The Contracting Authority's reservations:
The Contracting Authority reserves the right to cancel the tendering process.

Verification of information in the ESPD:
The Tenderer, other entities and associations must, at the Contracting Authority’s request, submit documentation for the information provided in ESPD in accordance with Sections 144 and 152 of the Danish Public Procurement Act. How this documentation must be submitted is described in clauses 2.3.1 and 2.3.2.

The Contracting Authority is entitled, but not obliged, to request the Tenderer, the association’s participants or other entities to supplement or specify the received documentation, see Section 151(4) of the Danish Public Procurement Act.

Documentation for not being covered by grounds for exclusion:
If the Tenderer, the association’s participants or other entities are from Denmark, the documentation is presented in the form of a service certificate from the Danish Business Authority. The service certificate must contain information from:

• The Enforcement Court vs The Danish Court Administration
• The Danish Customs and Tax Administration
• The Danish Labour Market Supplementary Pension Fund (ATP)
• The Police (the Danish Central Crime Register)
o Please note that a ‘declaration of consent’ must be filled in, signed and uploaded when ordering the service certificate.

The service certificate is ordered from Virk.dk

The service certificate must be maximum six (6) months old calculated from the date set by the Contracting Authority as the deadline for the submission of a request for documentation.

The processing time with the Danish Business Authority is approximately two (2) weeks from when the order has been received.

If the Tenderer, one or more of the participants in the association or other entities is/are not from Denmark, the types of documentation stated in e-Certis must generally be produced. E-Certis is an online information system which is to be used to find the right documentation to be used by EU Member States in connection with invitations to tender and procurement procedures.

If these countries do not issue the relevant certificates or documents, or if the issued certificates or documents do not cover all the relevant cases, they can be replaced by a sworn declaration.
If such a sworn declaration is not used in the country in question, a solemn declaration may be used instead.

Information provided in the ESPD Part IV – Selection criteria are verified as follows:

• Submission of further documentation is not required for references, but the Contracting Authority reserves the right to obtain confirmation of the correctness of the references from the customers stated in the references.

Yderligere oplysninger

The Contracting Authority is entitled, but not obliged, to request the Tenderer to supplement, specify or complete the application and/or the tender by submitting relevant information or documentation within a reasonable deadline if this can be done in accordance with the Danish Public Procurement Act.

Krav om deponering og sikkerhedsstillelse

The Tenderer must provide a Demand Guarantee as described in Contract Appendix 4 – Payment plan, Penalty, Demand Guarantee and Billing. The Demand Guarantee must be an irrevocable Demand Guarantee issued by an approved financial institution or guarantee insurance business. The Demand Guarantee must be provided on the basis of the Sum of all ordered battery rooms including fire suppression system cf. Contract Appendix 3 – Price List.

Yderligere oplysninger

Duration of the contract:
The duration of the contract is minimum 10 years. The Tenderer can choose to offer 15 years of warranty instead. In this case the duration of the contract will be 15 years.

NIS 2 Directive:
The Contracting Authority is obliged by the NIS 2 Directive. As a supplier to an entity that is covered by the Nis 2 directive, the Supplier is obliged to complete the Delivery in such a way, that the Contracting Authority are in compliance with the rules of the NIS 2 directive to the extent that the rules prescribe.

Grounds for exclusion according to § 134 a of the Public Procurement Act:

Is the economic operator established in a country that is on the EU list of non cooperative tax jurisdictions and has not acceded to the WTO's Government Procurement Agreement or other trade agreements that oblige Denmark to open the market for public contracts to bidders established in the country in question.

The Contracting Authority must also exclude economic operators who are subject to the EU's sanctions in accordance with EU Regulation No. 833/2014 as amended, Article 5k on restrictive measures on the basis of Russia's actions that destabilize the situation in Ukraine.

Lots:
The Contracting Authority has decided not to divide the Agreement into lots. Based on the financial circumstances, the Contracting Authority has estimated that more favourable prices can be achieved with one overall Contract. Out of consideration for the quality and coherence of the collected assignment for which tenders are invited, it is found expedient to have one overall Contract, as a division into lots, based on market conditions, is not assessed to give additional enterprises –
including SMEs – the opportunity to submit tenders.

Questions/answers:
The Applicant/Tenderer is requested to seek to clarify any ambiguities and uncertainties by asking questions about the invitation to tender.
All questions must be asked in ETHICS by clicking ‘Send Questions’ under the ‘Communication’ tab. The dialogue box is then filled in with reference and question. By clicking ‘Send’, the question is forwarded to the Contracting Authority.
The Contracting Authority answers questions by uploading a question-and-answer document, see Contract Appendix 25 – Questions & answers.

According to the time schedule in clause 1.7, questions received before the deadline for submission of questions will be answered by the Contracting Authority, whereas questions received after the deadline will only be answered if the nature of the question does not make it disproportionately onerous for the Contracting Authority to answer the question within the response deadline.

Questions received later than six (6) whole days before the tender deadline, will generally not be answered.

The Contracting Authority's reservations:
The Contracting Authority reserves the right to cancel the tendering process.

Verification of information in the ESPD:
The Tenderer, other entities and associations must, at the Contracting Authority’s request, submit documentation for the information provided in ESPD in accordance with Sections 144 and 152 of the Danish Public Procurement Act. How this documentation must be submitted is described in clauses 2.3.1 and 2.3.2.

The Contracting Authority is entitled, but not obliged, to request the Tenderer, the association’s participants or other entities to supplement or specify the received documentation, see Section 151(4) of the Danish Public Procurement Act.

Documentation for not being covered by grounds for exclusion:
If the Tenderer, the association’s participants or other entities are from Denmark, the documentation is presented in the form of a service certificate from the Danish Business Authority. The service certificate must contain information from:

• The Enforcement Court vs The Danish Court Administration
• The Danish Customs and Tax Administration
• The Danish Labour Market Supplementary Pension Fund (ATP)
• The Police (the Danish Central Crime Register)
o Please note that a ‘declaration of consent’ must be filled in, signed and uploaded when ordering the service certificate.

The service certificate is ordered from Virk.dk

The service certificate must be maximum six (6) months old calculated from the date set by the Contracting Authority as the deadline for the submission of a request for documentation.

The processing time with the Danish Business Authority is approximately two (2) weeks from when the order has been received.

If the Tenderer, one or more of the participants in the association or other entities is/are not from Denmark, the types of documentation stated in e-Certis must generally be produced. E-Certis is an online information system which is to be used to find the right documentation to be used by EU Member States in connection with invitations to tender and procurement procedures.

If these countries do not issue the relevant certificates or documents, or if the issued certificates or documents do not cover all the relevant cases, they can be replaced by a sworn declaration.
If such a sworn declaration is not used in the country in question, a solemn declaration may be used instead.

Information provided in the ESPD Part IV – Selection criteria are verified as follows:

• Submission of further documentation is not required for references, but the Contracting Authority reserves the right to obtain confirmation of the correctness of the references from the customers stated in the references.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Complains must be filed with The Complaints Board for Public Procurement within:

1) 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, provided that the notification includes a short account of the relevant reasons for the decision.

2) 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);

3) 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;

4) 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, provided that the notification included a short account of the relevant reasons for the decision

5) 20 calendar days starting the day after the contracting authority has notified about its decision, cf. the Public Procurement Act, section 185, subsection 2, 2nd sentence.

The Complaints Board for Public Procurement's own complaints guide can be found at www.naevneneshus.dk.