Gardening Services

Kurze Beschreibung

The Ministry of Foreign Affairs of Denmark, the Danish Embassy in Berlin (the contracting authority) is looking for a supplier to provide comprehensive, regular maintenance of the Ambassador Residence's outdoor areas in Berlin. The subject of the Contract is the residence's outdoor areas, hereof mainly the garden. The tasks range from gardening and technical maintenance of the outside grounds and facilities to minor construction work and pest control, all including procurement, delivering and installation.
The Garden was laid out in 1919 and is under monument protection. It covers approximately 3.000 square metres and consists of lawns, flower beds, fruit trees, gravel paths, and a fountain.

Beschreibung der Beschaffung

The Ministry of Foreign Affairs of Denmark, the Danish Embassy in Berlin (the contracting authority) is looking for a supplier to provide comprehensive, regular maintenance of the Ambassador Residence's outdoor areas in Berlin. The subject of the Contract is the residence's outdoor areas, hereof mainly the garden. The tasks range from gardening and technical maintenance of the outside grounds and facilities to minor construction work and pest control, all including procurement, delivering and installation.
The Garden was laid out in 1919 and is under monument protection. It covers approximately 3.000 square metres and consists of lawns, flower beds, fruit trees, gravel paths, and a fountain.

Zusätzliche Informationen

The tendered contract has not been divided into lots, see section 49(2) of the Danish Public Procurement Act, due to the nature of the contract, market and economic considerations as well as minimization of administration.
The contracting authority shall in accordance with section 134 a of the Danish Public Procurement Act exclude economic operators established in a country stated on the EU list of non-cooperative jurisdictions for tax purposes and which is not a party to the WTO Government Procurement Agreement or any other binding for Denmark free-trade agreement.
The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act.
Prior to the decision on award of the contract, documentation of the information provided in the ESPD must be submitted, see sections 151 and 152 of the Danish Public Procurement Act.
By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii), the following must be provided in accordance with section 153 of the Danish Public Procurement Act:
- an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii);
- where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii), they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made before a competent judicial authority etc.
For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis.
The contracting authority can however request a tenderer for further documentation and examine such obtained documentation, if the contracting authority considers this being necessary for the correct conduction of the procurement procedure.
The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer.
A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability.
The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning), or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act.
The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k.
The contracting authority will hold an information meeting and an inspection of the place of performance for potential tenderers. For more information see the tender conditions section 3.4 (Information meeting and Inspection).

Beschreibung der Optionen

The contracting authority has the right purchase flowers, plants and trees under the Contract. The flowers, plants and trees cannot be specified in advance and will be decided on order by the the contracting authority.
All flowers, plants and trees purchased shall be offered to list prices compared to local nurseries, plant shops etc. The contracting authority can require documentation hereof, if relevant. The supplier will be reimbursed the price of the specific flower, plant or tree.
The contracting authority has the right to purchase flowers, plants and trees for a volume of DKK 200.000 under the duration of the Contract.

Liste und kurze Beschreibung der Auswahlkriterien

performance of services of the specified type: The tenderer is required to have performed (entered into, ongoing or finalized) minimum one (1) contract within the field of gardening services within the last 3 years.
In relation to documentation of technical and professional ability, the tenderer is required to provide the following:
The tenderer must fill in a list of minimum one (1) and maximum three (3) contracts (i.e. from all involved economic operators in a group of economic operators and/or other supporting entities).
If a tenderer has listed more than three(3) contracts, the contracting authority will only read and assess the three most recent contracts listed (first based on end date, and then based on start date).
Each listed contract should include the following information:
(1) a description of the contract (nature and quantity of services from the tenderer and how they compare to the description of this procurement),
(2) amount (remuneration received by the economic operator for the performance of the services),
(3) start date (date of conclusion of the contract),
(4) end date (date of completion of services), and
(5) recipient (name and contact information).
The contracting authority reserves the right to contact the recipients of services or require statements from the recipients, confirming that the tenderer has performed the listed contracts, as documentation in relation to the technical and professional ability.

The tendered contract has not been divided into lots, see section 49(2) of the Danish Public Procurement Act, due to the nature of the contract, market and economic considerations as well as minimization of administration.
The contracting authority shall in accordance with section 134 a of the Danish Public Procurement Act exclude economic operators established in a country stated on the EU list of non-cooperative jurisdictions for tax purposes and which is not a party to the WTO Government Procurement Agreement or any other binding for Denmark free-trade agreement.
The tenderer must complete and submit the ESPD as preliminary proof of compliance with the requirements set out in section 148(1)(i)-(iii) of the Danish Public Procurement Act.
Prior to the decision on award of the contract, documentation of the information provided in the ESPD must be submitted, see sections 151 and 152 of the Danish Public Procurement Act.
By way of documentation that a tenderer does not fall within the scope of one of the grounds for exclusion set out in section 135(1) and (3) and section 137(1)(ii), the following must be provided in accordance with section 153 of the Danish Public Procurement Act:
- an extract from a relevant register or an equivalent document showing that the tenderer is not encompassed by section 135(1) and a certificate proving that the tenderer does not fall within section 135(3) and section 137(1)(ii);
- where the country in question does not issue such documentation, or where these do not cover all the cases specified in section 135(1) or (3) and section 137(1) (ii), they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by a solemn declaration made before a competent judicial authority etc.
For Danish tenderers, documentation may be provided in the form of a service certificate. Where a tenderer, one or more members of a group or other entities are from another EU/EEA country, such entity must generally provide the types of documentation specified in e-Certis.
The contracting authority can however request a tenderer for further documentation and examine such obtained documentation, if the contracting authority considers this being necessary for the correct conduction of the procurement procedure.
The tenderer shall not provide documentation for not being subject to the mandatory ground for exclusion set out in section 134 a. For other grounds for exclusion in the Danish Public Procurement Act than stated above, the contracting authority must demonstrate or have sufficiently plausible indications to conclude that one of the grounds for exclusion applies to the tenderer.
A tenderer to whom a ground for exclusion applies is excluded from participating in the procurement process, unless the tenderer has provided sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, except for the ground for exclusion in section 134 a, where the tenderer does not have the possibility to document reliability.
The contracting authority may only exclude a tenderer, if the contracting authority has informed the concerned tenderer that it is subject to a ground for exclusion and if the tenderer has not within an appropriate time limit provided sufficient documentation of its reliability (self-cleaning), or if the provided documentation is not considered sufficient to document reliability. For information on what constitutes sufficient documentation, see section 138(3) of the Danish Public Procurement Act.
The contracting authority shall also exclude economic operators, which are subject to EU sanctions in accordance with EU regulation 833/2014 with later amendments, Article 5k.
The contracting authority will hold an information meeting and an inspection of the place of performance for potential tenderers. For more information see the tender conditions section 3.4 (Information meeting and Inspection).

Genaue Informationen über Fristen für Überprüfungsverfahren

Pursuant to Consolidated Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement as amended, the following time limits apply to the filing of requests for a review procedure:
Complaints about procurement procedures or decisions falling within Part II of the Danish Public Procurement Act which are not covered by subsection 1 of the Act, must, according to section 7(2) of the Act, be filed with the Danish Complaints Board for Public Procurement within:
(1) 45 calendar days of the contracting authority having published a notice in the Official Journal of the European Union to the effect that the contracting authority has entered into a contract. The time limit is calculated from the date after the date when the notice was published;
(2) 30 calendar days, calculated from the date after the date when the contracting authority notified the affected tenderers that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into, if the notification contained a statement of the reasons for the decision.
(3) six months of the contracting authority having entered into a framework agreement, counted from the date after the date when the contracting authority notified the affected candidates and tenderers, see section 2(2) of the Act, or section 171(4) of the Danish Public Procurement Act.
(4) 20 calendar days calculated from the date after the contracting authority has announced its decision, see section 185(2), second sentence, of the Danish Public Procurement Act.
If a contracting authority has complied with the procedure outlined in section 4 of the Act to ensure that a contract is not declared ineffective, see section 7(3) of the Act, an application for a review of whether the contracting authority has entered into a contract in contravention of the Public Procurement Directive without prior publication of a contract notice in the Official Journal of the European Union must be filed with the Danish Complaints Board for Public Procurement within 30 calendar days calculated from the date after the date when the contracting authority has published a notice in the Official Journal of the European Union stating that the contracting authority has entered into a contract, provided that the notice contains the reasons for the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.
Not later than on the date of the filing of an application for a review procedure with the Danish Complaints Board for Public Procurement, the applicant must notify the contracting authority in writing that an application for a review procedure has been filed with the Danish Complaints Board for Public Procurement, see section 6(4) of the Act. Furthermore, the contracting authority must be informed of whether the application for a review procedure has been filed in the stand-still period, see section 3(1) or (2) of the Act, or during the period of 10 calendar days laid down in section 4(1)(ii). In cases where the application for a review procedure has not been filed in the above-mentioned periods, the applicant must also state whether the applicant has applied for a stay pending the outcome of the review procedure, see section 12(1) of the Act.
The Danish Complaints Board for Public Procurement’s own review procedure guidelines are available on www.klfu.dk.