Tender specifications for public EU contract awards

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Dec 13, 2013 (4 years and 19 days ago)

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1






Tender specifications for public EU contract awards


from


The Danish Environmental Protection Agency


Experimental project on dermal exposure of nanomaterials










EU Call for tenders number:

2013/S 216
-
376196

TOC


2

1

TENDER SPECIFICATIONS


1.1

Introduc
tion

The present contract documents provide supplementary information in respect of the following
notice in the Official Journal of the European Union:
2013/S 216
-
376196


The procurement process is being run as an open invitation to tender in accordance wi
th EU
procurement rules for purchasing by public authorities, cf. Directive 2004/18/EC of the European
Parliament and of the Council of 31 March 2004.


All interested parties are hereby invited to tender for the execution of services as detailed in the
sp
ecifications which are part of the present contract documents.


1.2

The contracting authority

The contracting authority in this procurement process is
The Danish Environmental Protection
Agency
.


The Danish Environmental Protection
Agency

is responsible

for th
e conduct of this procurement
process.


In the present tender specifications, the contracting authority will be referred to as the “Contracting
Entity”.


1.2.1

Contact person

All communications prior to the contract award shall be addressed to:



The Danish Mini
stry of the Environment

The Danish
Environmental Protection Agency


Strandgade 29

DK
-
1401 København K

Attn:

Anne Mette Zenner Boisen

E
-
mail:
anmbo@mst.dk


All communications shall be in writing and submitted in Danish
o
r English.


Where there are discrepancies between the Contracting Entity’s written and oral statements, the
written statements shall always be given precedence.


1.3

Scope of work

This Call for tenders covers:

A contract concerning an experi
m
ental project tha
t generates

new knowledge on physicochemical
properties that may influence dermal absorption of nanomaterials in order to
aid in the
develop
ment
of
structure
-
activity relationships in the future
:


3


Based on the recommendations from the
Dermal absorption of
nanomaterials report
1

a specific
research question should be asked addressing one or more parameters (such as size, surface charge
or hydrophobicity) in test materials of the same substance or alternatively, the influence on dermal
absorption of the same
parameter should be tested in different substances. When making the choice
of testing materials the possibility of choosing a substance relevant for dermal exposure in humans
should be addressed. Testing should be conducted using a robust and systematic ex
perimental
design altering only a single parameter at the time. The choice of experimental hypothesis and
design should be thoroughly justified in the proposal. The project should consider
relevant
in vivo

models in animals or relevant
ex vivo

models or
i
n vitro

models. Due to the time
constraint

for this
project the chosen model should
, if possible,

already be well
-
established in the research laboratory
where testing will be conducted.


The description of and requirements for the contracted project
is des
cribed in
the attached
requirements specifications for the project, cf
.

Annex
3


1.3.1

Sub
-
agreements

This call for tender does not contain sub
-
agreements.



1.3.2

Options

The call for tender does not contain options.


1.3.3

Contract period

2
3.1. 2014
-

15.9.2014



1.4

Tender

specifications


1.4.1

Competitive procurement procedure

The procurement process is being run as an open invitation to tender in accordance with EU
procurement rules for purchasing by public authorities, cf. Directive 2004/18/EC of the European
Parliament and of

the Council of 31 March 2004.


In an open invitation to tender, all interested providers may submit a tender. The tenders received
are evaluated in two phases: the selection phase and the award phase.


In the selection phase, an assessment is made of the

individual tenderer’s general suitability to
provide the contracted services. The object of the suitability assessment is to ensure that
competition for the contracted services takes place between tenderers that are suited to providing
the service in ques
tion. The suitability assessment is based on the information requested in the
section on “Selection criteria”.




1

Environmental Project No. 1504, 2013: ”Dermal Absorption of Nanomaterials”


http
://www.mst.dk/Publikationer/Publications/2013/October/978
-
87
-
93026.htm


4


In the award phase, a specific assessment of the tenders received is carried out and on this basis, a
decision is made as to which tenderer shou
ld be awarded the contract. The award is based on the
award criterion specified in the section “Award criterion”.


1.4.2

Selection criteria

1.4.2.1

The legal entity

Tenderers shall state clearly and unambiguously in their tenders which legal entity is the tenderer
and
thereby responsible to the Contracting Entity.

1.4.2.2

Tender submitted by a consortium

Where a tender is submitted by a consortium including multiple responsible tenderers, each legal
entity shall be specified individually in a clear and unambiguous way and the c
onsortium members
shall also specify a joint authorised representative with whom the Contracting Entity can enter into
a contract with binding effect on the consortium. The consortium members have joint and several
liability. Where a consortium is awarded
the contract, each member of the consortium shall submit
a written declaration that it is jointly liable for the fulfilment of the contract.


Where the tenderer is a consortium, the statements and information given below under “Conditions
for participation
”, “The tenderer’s financial and economic suitability” and “The tenderer’s technical
and/or specialist suitability” shall be complied with and provided by all members of the consortium.

1.4.2.3

Use of subcontractors

If a tenderer intends to use subcontractors to p
rovide the contracted services or parts thereof, the
names of the subcontractors shall be specified clearly and unambiguously in the tender, along with
the parts of the work that the subcontractors are to be used for
.


The statements and information speci
fied below do not have to be submitted for subcontractors, as
the provider is responsible and liable for the work of any subcontractors.

1.4.2.4

Conditions for participation

The Contracting Entity will undertake an assessment of the tenderer’s suitability to fulfi
l the
contract put out to tender. The assessment of suitability will cover the tenderer’s specific
circumstances and their economic and technical suitability.


Tenderers may be excluded from participating in the procurement process on the basis of their
sp
ecific circumstances.


The Contracting Entity
is obliged to

exclude any undertakings that have been
convicted

of one or
more of the types of criminal offence listed in
Article 45(1)

of the Procurement Directive.

1.

A criminal offence

2.

An infringement of the prohibition against active corruption in public services or activities

3.

An infringement of the prohibition against EU fraud

4.

An infringement of the prohibition against money launderin
g



5

Tenderers shall therefore sign a declaration on honour concerning a final judgment confirming that
the tenderer's business has not been involved in any of the aforementioned actions. The declaration
is attached as Annex 1.


Tenderers shall also sign a d
eclaration on honour that they do not have any unpaid outstanding
liabilities vis
-
à
-
vis public creditors in the form of taxes, levies and social security contributions, cf.
Executive Order No 336 of 13 May 1997 limiting the opportunities for debtors to par
ticipate in
public tendering procedures. The declaration is attached as Annex 2.


The Contracting Entity may subsequently demand that the tenderer with whom it wishes to enter
into an agreement submit a full certificate issued by the Danish Commerce and C
ompanies Agency
as supporting documentation before the contract is signed. The certificate shall not be issued more
than three months prior to the tender deadline.


1.4.2.5

The tenderer's financial and economic suitability

Tenderers shall submit the following in
order to document their economic suitability:


Submission of the undertaking's balance
-
sheet or an extract from it, where the tenderer is covered
by a legal
requirement to publish accounts


If tenderers cannot present the required documentation, they shall

have their financial and economic
suitability endorsed in another way, by submitting suitable documents. In this case, tenderers shall
indicate the circumstances cited as valid grounds for not submitting the requested materials.


1.4.2.6

The tenderer's technical
and/or specialist suitability

Tenderers shall submit the following in order to document their technical and specialist suitability:

1. References for the company. A maximum of five references should be attached, covering projects
which the tenderer has und
ertaken within the specified area in the last three years.
The list of
references shall include the following information:



Brief description of the project and its relevance to the contracted project



Contact person at the company / public institution for w
hom the project was undertaken.



Contract period



Contract value

2. Details of how much of the project the tenderer prop
oses to give to subcontractors

3.

Description of the tenderer's organisation, number of employees, and technical qualifications of
e
mploye
es

4. Description of the company's plant and technical equipment to b
e used to carry out the project

5.

Description of measures taken by the tenderer to assure quality


Where tenderers have a valid reason, e.g. that the company is a new player in the field
, as to why
they cannot submit the required reference documentation, they shall have their technical capacity
demonstrated in some other way, by submitting suitable documents. In this case, tenderers shall
indicate the circumstances cited as valid grounds
for not submitting the requested materials.


The Contracting Entity reserves the right to contact the specified referees to confirm the contents of

6

the references given.


1.4.3

Evaluation of tenders

Tenders will be evaluated on the basis of the award criterion s
pecified below with a view to
identifying the winning tender. Tenderers shall meet the requirements set out in the tender
specifications regarding the solution to the remit, unless specified otherwise. No weight will
therefore be attached in the evaluation

to reproducing the contents of the tender specifications in the
bid.


All the
requested

information, as specified in Section 1.4.3.2 "Sub
-
criteria", received from the
tenderer in connection with submission of the tender will be considered in the evaluatio
n.

1.4.3.1

Award criterion

Providers will be selected on the basis of the award criterion:
T
he most economically advantageous
tender


Sub
-
criteria

The most economically advantageous tender will be assessed on the basis of the criteria given
below, with the specif
ied weightings:

1.

Price

10 %

2.

Technical qualifications / CVs

30 %

3.

Approach and method

35 %

4.

Publication plan for scientific articles

10 %

5.

Schedule and project management

15 %


On 1: Price

Offers shall disclose the aggregate economic offer (budget). Offe
rs must be in DKK Exc. VAT.
There is established a financial framework for the service of a maximum of DKK
2
,000,000 excl.
VAT. It is expected that the supplier's offer is aligned to the stated price.


On 2: Technical qualifications/CVs

Good scientific kno
wledge of physicochemical properties and kinetics of nanomaterials,
nanotoxicology and k
nowledge on
dermal absorption

models
should be demonstrated by relevant
extracts of CV for the employees concerned.


On 3: Approach and method

The choice of experiment
al model and its suitability for simulating dermal absorption of
nanomaterials in humans will be emphasized greatly when evaluating the offers. Due to the time
constraint for this project the chosen model should already, if possible, be well
-
established in

the
research laboratory where testing will be conducted. Experience with the chosen model should be
thoroughly documented in the offer.
Furthermore,
the proposed research question and the
experimental design including
the quality of the description of tec
hnical details (Paragraph 3. in the
project description) will also be emphasized.


On 4: Publication plan for scientific articles


7

The offer must include a tentative time
-
plan for preparation, acceptance and publication of one or
more scientific publication
(s).

This should include details on the expected number of scientific
articles, topics of these articles and which journals articles will be submitted to
.


Scientific articles must be accepted before 15th of May 2015.


On 5: Schedule and project managemen
t

The emphasis is on implementa
tion of the project on schedule, justification of the feasibility of the
proposed time plan based on experience with the chosen model and the procurement of test
materials

and
the
establishment of realistic deadlines and comp
liance hereof. Emphasis is also
placed on the quality control and continuous follow up on the project for appropriate dialogue with
the contractor.


1.5

Conditions of tender

The tenderer shall submit the tender based on the present contract documents. The fina
l agreement
will be signed on the basis of the attached draft contract with annexes.


1.5.1

Tender deadline, etc.

Tenders shall reach the Contracting Entity no later
than
December 16
th
, 2013 at 12:00 AM


Tenders received after this time will not be taken into co
nsideration and will be returned unopened.


Tenders should be sent or handed in to:


The Danish Ministry of the Environment

The Danish
Environmental Protection Agency


Strandgade 29

DK
-
1401 København K


Attn:
Anne Mette Zenner Boisen

E
-
mail:
anmbo@mst.dk


Tenders may
not

be submitted electronically. The complete tender shall be sent or handed in to the
address given above.


Tenders should be marked as follows:

EU Call for tenders no:
2013/S 216
-
376196

plus the following,

clearly written text “Må ikke åbnes i
postmodtagelsen” [Not to be opened by the post room].


Tenders should be submitted in
3
paper copies with an electronic version (on CD
-
ROM or USB
stick) of
all

the tender material submitted.


Tenderers are bound by t
heir tenders for three months after the deadline for submission of tenders.


The Contracting Entity does not consider the procurement process to be complete until the contract
has been signed.


8


1.5.2

Minimum requirements for the content, layout, etc. of the ten
der

When a tender is submitted, it shall contain the necessary annexes and documentation as described
in the contract notice and these tender specifications.


Tenders shall contain the following:


1.

Cover letter clearly stating which legal entity or grouping

is submitting the tender, and

use
of subcontractors, if any

2.

Signed declaration on honour concernin
g a final judgment, cf. Annex 1

3.

Signed declaration on honour concerning liabilities vis
-
à
-
vis public creditors, cf. Annex 2.

4.

Documentation of the requested
details concerning the tenderer's economic suitability, cf.
1.4.2.5
"The tenderer's fina
ncial and economic suitability"

5.

Documentation of the requested details concerning the tenderer's specialised and technical
suitability, cf.
1.4.2.6
"The tenderer's tech
nical

and/or specialist suitability"

6.

Descriptions and documentation of the specified sub
-
criteria in the specified form, cf.
1.4.3.1.
"Sub
-
criteria"

7.

Labelling of the submitted papers, correct address and timely dispatch, cf.

1.5.1
"Tender
deadline, etc."


T
he submitted tender shall contain all the requested information and documentation. However, the
Contracting Entity reserves the right to correct or rectify any formal errors and deficiencies in the
tenders received, in accordance with Section 12 of
Executi
ve Order No 712 of 15 June 2011.



If the tenders submitted contain more than the specified maximum number of references, the
Contracting Entity reserves the right to contact the tenderer, in order to request submission of a
correct list of references with
in a brief time limit set by the Contracting Entity.


In the event of discrepancies between the signed original paper copy and the electronic copy, the
signed original copy shall take precedence. This does not however prevent the Contracting Entity
from ta
king into account any information, documents, etc. that may be missing from the original
paper copy but are present in the other material submitted with the tender, including the electronic
copy.


1.5.3

Language

The tender and associated annexes shall be drawn u
p in Danish

or
in English
.


1.5.4

Contractual basis

The contract will be entered into on the basis of the attached draft contract, cf
.
Annex

4
.


The contract lays down the obligations and rights that will apply between the parties in connection
with the provi
sion of services covered by this call for tenders. It should be noted that the basic terms
of the draft contract cannot be amended.



9

The tenderer’s standard terms and conditions will
not

form part of the contractual basis. This
applies irrespective of whet
her or not the tenderer attaches their own terms and conditions when
submitting the tender, providing services, confirming orders or invoicing, etc.


1.5.5

Notification and standstill period

When the Contracting Entity has identified a tender that is
most econo
mically advantageous,
the
Contracting Entity shall notify all tenderers of the award decision. This notification will be made
simultaneously and will include a brief account of the relevant grounds for the decision, and
indicate when the standstill period
expires.


Pursuant to the Act on the administration of public procurement rules, Act No 492 of 12 May 2010,
the Contracting Entity will sign the contract with the selected tenderer(s) no sooner than 10 days
after the notification has been e
-
mailed to all t
enderers. If the notification is sent by letter, the
standstill period will be 15 days.

The standstill period will be calculated from the day following the day on which the notification is
sent to the tenderers. The contract can therefore be signed on the
11th or the 16th day. The standstill
period shall be specified in calendar days. If the time limit ends on a Saturday, Sunday or public
holiday, it shall be extended to midnight of the next working day.


Any appeal will automatically have a temporary suspe
nsory effect if it is lodged with the Public
Contracts Appeals Board before the end of the standstill period, and

no contract may be signed until
the Public Contracts Appeals Board has had an opportunity to examine the case.


1.5.6

Cancellation

The Contracting E
ntity reserves the right, until the procurement process has been concluded with
the final entry into a contract, to cancel the call for tenders, and thereafter possibly to initiate a new
call for tenders, where there are technical grounds for cancellation.

Any cancellation will be
accompanied by a letter to all tenderers detailing the reason for the cancellation.


1.5.7

Costs relating to participation

Participation in the procurement process is at the tenderer’s own expense and risk and costs or
losses incurred b
y the tenderer in connection with participation in the competitive procurement
process are of no concern of the Contracting Entity.
The tender material will not be returned to
tenderers

1.5.8

Variants

Variants are not permitted.


1.5.9

Reservations

Tenderers are not e
ntitled to reserve significant rights to themselves in respect of fundamental
elements of the overall contract documents. The Contracting Entity will assess the significance of
any reservations.

Reservations as to price and/or deadlines and schedules are a
lways significant.



10

The Contracting Entity shall reject any tenders that contain significant reservations of rights in
respect of fundamental elements. Such tenders shall be regarded as non
-
compliant. Reservations as
to the specified price, deadlines, sche
dules, etc. are always regarded as significant reservations.


Any reservations that do not relate to the fundamental elements in the overall contract documents
will be priced by the Contracting Entity, with the resultant price being added to the tenderer’s

proposed price. The Contracting Entity has the right not to consider such tenders.


Any reservations shall be stated clearly.


1.6

Questions and corrections

Where a tenderer finds parts of the documentation unclear or inappropriate, they are invited to
submit

clarifying questions.


Under the principle of equal treatment, the Contracting Entity shall treat all tenderers equally. This
means, among other things, that the Contracting Entity shall furnish all tenderers with the same
information during the procureme
nt process.


Tenderers may submit questions in writing about the tender specifications and the procurement
process in general.
Questions must be in Danish and in English
.

All questions submitted up to 14
days prior to the deadline for tenders will be answe
red. Questions submitted later than 14 days prior
to the deadline for tenders will only be answered if a reply can be given no later than six days prior
to the deadline for tenders. Questions submitted later than six days prior to the deadline for tenders
will not be answered, unless they are insignificant and do not concern the implementation of the
project.


Questions will be answered in writing

in English
.
Questions, answers and any corrections will be
published in anonymised form at

http://www.mst.dk/Kontakt/Specielt+for+leverand%C3%B8rer/Udbud/Aktuelle+udbud/


It is the tenderer’s responsibility to ensure that questions and answers and any corrections are
rece
ived, as responsibility for any failings in tenders due to missing corrections will be borne solely
by the tenderer.


1.7

Secrecy obligation, confidentiality and access to documents

Tenderers shall observe unconditional secrecy in respect of unauthorised

persons in relation to
information that they may become aware of in connection with tendering.


Tenderers are reminded that the documents, including tenders submitted, are subject to statutory
rules on access to documents. Requests for access to documen
ts from other undertakings
participating in the competitive procurement process shall be handled by the Contracting Entity in
accordance with the practice of the Complaints Board for Tenders and depending on the
circumstances. This assessment shall however

consider, among other things, whether the

11

undertaking submitting a tender has asked for the tender to be treated confidentially and has
indicated which information/elements within the tender such a request for confidentiality applies to.


Where a tender c
ontains information or elements that a company wishes for business reasons to
keep outside the scope of access to documents, the tenderer is asked to specify this in the tender.


However, the Contracting Entity shall be entitled and obliged, under all circ
umstances, to provide
access to the extent required by law.


1.8

Prohibition against negotiation

It should be emphasised that the Contracting Entity will not be able to negotiate, in the traditional
way, with tenderers in respect of the tenders submitted. The
Contracting Entity will thus stay within
the framework for negotiation on which guidance has been provided, among other points, in a
statement from the Council and the Commission in connection with Directive 93/37/EEC (OJ L
111/114 of 30 April 1994):



“Th
e Council and the Commission state that in open and restricted procedures all
negotiations with candidates or tenderers on fundamental aspects of contracts, variations
in which are likely to distort competition, and in particular on prices, shall be ruled
out;
however, discussions with candidates or tenderers may be held but only for the purpose of
clarifying or supplementing the content of their tenders of the requirements of the
contracting authorities and provided this does not involve discrimination."


There are thus narrow limits to negotiation.


There will thus be no actual contract or price negotiations, for which reason tenderers should take
care to ensure that their tenders are such that the contract in question can, in principle, be entered
into wi
thout any prior discussions between the tenderer and the Contracting Entity.


It is therefore of the utmost importance for the tenders to be complete and to deal with all relevant
conditions and include all the necessary information, including specifying a
ll prices (including
discounts and the like) and for tenders to be accurate in every respect.



1.9

Schedule

The procurement process will take place in accordance with the following schedule:


4
th

November

2013

Tender procurement notice sent

2
nd

December

2013

Deadline for receipt of written questions

16
th


December 2013

Tender deadline

8
th

January

201
4

Announcement of chosen providers



Standstill period


㄰⼱㔠摡ys


12

Week 2, 2014

Signing of contracts

23
rd

January 2014

Contracts enter into force



13

A
nnex 1
: Declaration on honour concerning a final judgment


Pursuant to Executive Order No 937 of 16/09/2004 (Order concerning the procedures for the award
of public works contracts, public supply contracts and public service contracts), an applicant or
tenderer
shall be excluded if a final judgment has been passed on them for one or more of the
following reasons:

1) involvement in a criminal offence, cf. Section 23 of the Criminal Code, where the sentence
passed made reference to Section 81 no 3 of the Criminal
Code,

2) infringement of the prohibition against active corruption in public services or activities, cf.
Section 122 of the Criminal Code, and the prohibition against corruption in private legal matters
(return commission), cf. Section 299 no 2 of the Cri
minal Code,

3) infringement of the prohibition against EU fraud, cf. Section 289 of the Criminal Code, or

4) infringement of the prohibition against money laundering, cf. Section 290 of the Criminal Code.

In accordance with the above, the undersigned he
reby declares
on his/her honour

that
no
final
judgment has been passed against the applicant/tenderer in relation to any of these points.


Date


Company name and
CVR no


Signature


Stamp, where
applicable




14

Annex 2: Declaration on honour concerning li
abilities vis
-
à
-
vis public
creditors


Pursuant to Statutory Order No 336 of 13 May 1997 on restricting debtors’options for
participating in public procurement procedures and amending certain of other acts
(streamlining the recovery of arrears due to public

institutions), public authorities shall
require, when issuing calls for tenders for public works and for the purchase of goods and
services, that every tenderer provides a declaration on honour, also stating to what extent the
tenderer has unpaid outstand
ing liabilities vis
-
à
-
vis public creditors in the form of taxes, levies
and social security contributions in accordance with the laws of Denmark or the country in
which the tenderer is established.


In accordance with the provisions of the above Act, the u
ndersigned hereby makes the
following declaration on his/her honour.

Company name, address, telephone and CVR number:

Details of liabilities vis
-
à
-
vis public creditors
(cross as appropriate):

1



The company has no unpaid outstanding liabilities vis
-
à
-
vi
s public creditors

2



The company has unpaid outstanding liabilities vis
-
à
-
vis public creditors, but these debts do not
exceed DKK

100,000 (or the equivalent amount in another currency).

3



The company has unpaid outstanding liabilities vis
-
à
-
vis publi
c creditors, and these debts
exceed DKK

100,000 (or the equivalent amount in another currency).

Points 4 or 5 and 6 below should only be answered if a cross was entered against point 3

4



Security has been lodged with the recovery authority for the paymen
t of that part of the debt in
excess of DKK

100,000 (or the equivalent amount in another currency)



Security will be lodged with the recovery authority for the payment of that part of the debt in
excess of DKK

100,000 (or the equivalent amount in another cu
rrency)

5



An instalment plan has been agreed with the recovery authority covering unpaid outstanding
debts, and this plan is being adhered to.

6


Date security deposited / plan established:

Year:

Month:

Day:





Recovery authority

Name



Street:


Po
stcode:

Town/city:




15

Signature:

Date:

Signature of manager and company stamp: