Acquisition of Binoculars and Laser Range Finders

Danish Defence Acquisition and Logistics Organizations

The objective of this tender is to ensure that DALO for the next 7 years will be able to provide handheld binoculars (further called binoculars), handheld binoculars with built-in laser range finder (further called LRF-binoculars) and compact handheld Laser Range Finders (further called LRF).
The tender procedure concerns one contract notice divided into 2 contract lots regarding 2 separate framework agreements. The framework agreements are not identical and the requirement specifications "Appendix A" are also not identical, but specific for each contract lot. Each contract lot is, therefore, subject to their own contractual conditions further specified in the framework agreements.
— Contract lot 1 covers binoculars and LRF-binoculars.
— Contract lot 2 covers LRF.
Binoculars, LRF-binoculars and the LRF are to be used mainly by the individual soldiers as part of their personal equipment, both in real combat situations, as well as training, across all Danish Defence branches and in varying environmental and weather conditions across the globe.
The binoculars, LRF-binoculars and the LRF are to be used along with the soldiers' and unit's other equipment, such as weaponry and sensors.
The binoculars and LRF-binoculars are to be used with a focus on surveillance, orientation, observation, fire control (utilising a built-in reticle) and identification of targets and are to be primarily utilised by infantry squad leaders and armoured vehicle commanders.
The LRF is to be primarily used with a focus on momentary range measurement prior to engaging the target with the dismounted infantry squad’s handheld weaponry such as a 7,62 mm light machine gun, as well as relevant target identification using the distance data.
It is of paramount importance that DALO will be able to purchase relevant spare parts and accessories to the binoculars, LRF-binoculars and LRF as well as have the possibility to receive repair assistance and necessary training for user instructors and technical staff. Therefore, the framework agreements will have a sustainment part included.
As part of the tender procedure and prior to awarding the contracts, tests will be conducted to evaluate and verify that the binoculars, LRF-binoculars and LRF included in the tenderers' offer comply with the demand of DALO and to evaluate the offers. The tests are scheduled to take place in the spring 2018 and are expected to be conducted at the Danish Defence locations in Denmark.
The exact method and the intended tests will be described in the tender material. DALO intends to use the framework agreements for current purchases of binoculars, LRF-binoculars and LRF, but DALO shall not be obliged to buy any minimum quantity of binoculars, LRF-binoculars nor LRF.

Deadline

Fristen for modtagelse af bud var på 2018-02-04. Indkøbet blev offentliggjort på 2017-12-19.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• Safran Electronics and Defense

Hvem?

• Danish Defence Acquisition and Logistics Organizations

Hvad?

Hvor?

• Danmark › Danmark

Indkøbshistorik

Dato	Dokument
2017-12-19	Udbudsbekendtgørelse
2018-02-01	Supplerende oplysninger
2019-07-08	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2017-12-19)
Objekt
Omfanget af udbuddet
Titel: Binokulære kikkerter
Mængde eller omfang: 45 000 000
Den samlede værdi af udbuddet: 45 000 000 💰
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Binokulære kikkerter 📦

Procedure
Procedureform: Begrænset udbud
Bud-type: Indsendelse gældende for alle delaftaler
Kriterier for tildeling
Det økonomisk mest fordelagtige bud

Ordregivende myndighed
Identitet
Land: Danmark 🇩🇰
Type af ordregivende myndighed: Ministerium eller anden myndighed på nationalt plan eller forbundsplan
Navn på ordregivende myndighed: Danish Defence Acquisition and Logistics Organizations
Postadresse: Lautrupbjerg 1-5
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: https://www.ethics.dk/ethics/eo#/e428c526-801a-46d0-8b88-819686ada1ef/homepage 🌏
Telefon: +45 72814294 📞

Reference
Datoer
Afsendelsesdato: 2017-12-19 📅
Tilbudsfrist: 2018-02-04 📅
Offentliggørelsesdato: 2017-12-21 📅
Identifikatorer
Bekendtgørelsesnummer: 2017/S 245-513365
EUT-S-nummer: 245
Yderligere oplysninger

In regards to section IV.2.3 on limitations on the number of operators who will be invited to participate, the envisaged number of operators for each contract lot is 3 tenderers. Please note, that each candidate can only submit one request for participation in each contract lot. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers. DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers. DALO reserves the right — but is not obliged to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfill the formalities of the tender documents. DALO demands that the candidate and each of the legal entities whose capacities the candidate relies in undertake joint and several-liability for the performance of the contract. Candidates are asked to submit their request to participate via Ethics. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail. DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms, and templates for providing information etc., in accordance with the requirements of this contract notice. However, it is emphasised that it is the sole responsibility of the candidate that the information provided fulfills the requirements. The questionnaire is available via Ethics, and there will be a pre-qualification for each contract lot with different conditions for participation. Tenderers must provide a prequalification for each contract lot if applying for both contract lots. The permalink is stated in section I.1). According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.

Yderligere oplysninger

In regards to section IV.2.3 on limitations on the number of operators who will be invited to participate, the envisaged number of operators for each contract lot is 3 tenderers.

Please note, that each candidate can only submit one request for participation in each contract lot. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers.

DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers. DALO reserves the right — but is not obliged to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfill the formalities of the tender documents.

DALO demands that the candidate and each of the legal entities whose capacities the candidate relies in undertake joint and several-liability for the performance of the contract. Candidates are asked to submit their request to participate via Ethics. The permalink is stated in section I.1).

The request to participate cannot be submitted by e-mail. DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms, and templates for providing information etc., in accordance with the requirements of this contract notice. However, it is emphasised that it is the sole responsibility of the candidate that the information provided fulfills the requirements.

The questionnaire is available via Ethics, and there will be a pre-qualification for each contract lot with different conditions for participation. Tenderers must provide a prequalification for each contract lot if applying for both contract lots. The permalink is stated in section I.1).

According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate.

A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

The tender procedure concerns one contract notice divided into 2 contract lots regarding 2 separate framework agreements. The framework agreements are not identical and the requirement specifications "Appendix A" are also not identical, but specific for each contract lot. Each contract lot is, therefore, subject to their own contractual conditions further specified in the framework agreements.

— Contract lot 1 covers binoculars and LRF-binoculars.

— Contract lot 2 covers LRF.

Binoculars, LRF-binoculars and the LRF are to be used mainly by the individual soldiers as part of their personal equipment, both in real combat situations, as well as training, across all Danish Defence branches and in varying environmental and weather conditions across the globe.

The binoculars, LRF-binoculars and the LRF are to be used along with the soldiers' and unit's other equipment, such as weaponry and sensors.

The binoculars and LRF-binoculars are to be used with a focus on surveillance, orientation, observation, fire control (utilising a built-in reticle) and identification of targets and are to be primarily utilised by infantry squad leaders and armoured vehicle commanders.

The LRF is to be primarily used with a focus on momentary range measurement prior to engaging the target with the dismounted infantry squad’s handheld weaponry such as a 7,62 mm light machine gun, as well as relevant target identification using the distance data.

It is of paramount importance that DALO will be able to purchase relevant spare parts and accessories to the binoculars, LRF-binoculars and LRF as well as have the possibility to receive repair assistance and necessary training for user instructors and technical staff. Therefore, the framework agreements will have a sustainment part included.

As part of the tender procedure and prior to awarding the contracts, tests will be conducted to evaluate and verify that the binoculars, LRF-binoculars and LRF included in the tenderers' offer comply with the demand of DALO and to evaluate the offers. The tests are scheduled to take place in the spring 2018 and are expected to be conducted at the Danish Defence locations in Denmark.

The exact method and the intended tests will be described in the tender material. DALO intends to use the framework agreements for current purchases of binoculars, LRF-binoculars and LRF, but DALO shall not be obliged to buy any minimum quantity of binoculars, LRF-binoculars nor LRF.

Delkontraktnummer: 1
Delkontraktens titel: Binoculars and LRF-Binoculars
Kort beskrivelse: Contract lot is concerning binoculars and LRF-binoculars.
Varighed: 84 måneder
Delkontraktnummer: 2
Delkontraktens titel: Lrf
Kort beskrivelse: Contract lot is concerning LRF.

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Økonomisk og finansiel stilling:

Annual reports or excerpts hereof or other documentation stating the candidate's equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available.

Mindstekrav til niveauet:

The below applies to both contract lot 1 and contract lot 2:

— the candidate must have had a positive equity ratio each the last 3 financial years,

— the equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100),

— please note that a candidate may rely on the economic and financial standing of other entities (e.g. a parent or sister company or a sub-supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies.

Teknisk og faglig kompetence:

A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) years prior to the deadline for the request to participate. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). The list should preferably include a short description of each delivery.

The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the supplies, described in section II.1.5, and a clear indication if the deliveries are sustainment arrangements to binoculars, LRF-binoculars and/or LRF.

The description should also include a description of the candidate's participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the size and value of the deliveries, the recipients of the deliveries (specific names/countries are preferred, but not necessary, if no country-specific information is included, the candidate is asked to provide as much a generic information as possible about the delivery as e.g. NATO country/non-NATO country). When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis according to a framework agreement, the description of the deliveries should nonetheless contain information on how the date is set.

The list must contain a maximum of 15 previous deliveries, whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 15, DALO will only consider the first 15 deliveries on the list. Deliveries beyond that will be disregarded.

Please note that a candidate may rely on the technical and professional capacity of other entities (e.g. a parent or sister company or a sub-supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies.

Mindstekrav til niveauet:

For contract lot 1 the following applies:

— the candidate must demonstrate experience, within the past 5 years prior to the deadline for the request to participate, with similar deliveries of which at least one delivery must contain a minimum of 500 binoculars, and at least one delivery must contain minimum one LRF-binoculars.

For contract lot 2 the following applies:

— the candidate must demonstrate experience, within the past 5 years prior to the deadline for the request to participate, with similar deliveries that in total amount to at least 500 LRF.

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

Reference is made to the tender documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments.

At present, this is Danish consolidation act. no. 798 of June 2007 which requires invoicing to be done electronically. Exact terms will be stated in the contract.

Den juridiske form, som den sammenslutning af økonomiske aktører, der skal have kontrakten, skal have:

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

Andre særlige vilkår:

The framework agreements must be conducted in consideration of social responsibility and it contains a labor clause, please see Appendix B for further information. When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established.

A template for the declaration will be provided with the tender documents, and the tenderer is encouraged — but not obliged to use it. Be advised, that DALO shall exclude a tenderer which has an unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established. However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable.

DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on the guidelines equal to the guidelines provided for in Section 138 (1-4) of the Danish Act no. 1564 of 15.12.2015 — The Public Procurement Act.

Procedure
Rammeaftalens varighed i år: 7
Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse:

Please note that IV.1.2) Envisaged number of operators is 3 for each contract lot.

The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) above, in terms of the nature and quantity of the previous deliveries. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3).

Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates. DALO will view the following aspects of the deliveries positively:

For contract lot 1:

— experience with delivery of binoculars and LRF-binoculars to…

… NATO countries,

… MOD’s and law enforcement authorities,

— experience with a provision of spare parts and services as part of a sustainment arrangement concerning binoculars and LRF-binoculars,

— experience with delivery of binoculars and LRF-binoculars with a magnification of 7x to 10x and an objective diameter between (and including) 30mm and 50mm.

For contract lot 2:

— experience with delivery of LRF to NATO countries,

— experience with delivery of LRF to MOD’s and law enforcement authorities,

— experience with a provision of spare parts and services as part of a sustainment arrangement concerning LRF.

Sprog
Sprog: engelsk 🗣️

Ordregivende myndighed
Kontakt
URL til deltagelse: https://www.ethics.dk/ethics/eo#/e428c526-801a-46d0-8b88-819686ada1ef/homepage 🌏
E-mail: klfu@naevneneshus.dk 📧
URL til dokumenter: https://www.ethics.dk/ethics/eo#/e428c526-801a-46d0-8b88-819686ada1ef/homepage 🌏

Reference
Yderligere oplysninger

In regards to section IV.2.3 on limitations on the number of operators who will be invited to participate, the envisaged number of operators for each contract lot is 3 tenderers.

Please note, that each candidate can only submit one request for participation in each contract lot. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers.

DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers. DALO reserves the right — but is not obliged to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfill the formalities of the tender documents.

DALO demands that the candidate and each of the legal entities whose capacities the candidate relies in undertake joint and several-liability for the performance of the contract. Candidates are asked to submit their request to participate via Ethics. The permalink is stated in section I.1).

The request to participate cannot be submitted by e-mail. DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms, and templates for providing information etc., in accordance with the requirements of this contract notice. However, it is emphasised that it is the sole responsibility of the candidate that the information provided fulfills the requirements.

The questionnaire is available via Ethics, and there will be a pre-qualification for each contract lot with different conditions for participation. Tenderers must provide a prequalification for each contract lot if applying for both contract lots. The permalink is stated in section I.1).

According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate.

A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for udbud (The Complaints Board for Public Procurement)
Postadresse: Nævnenes Hus Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
E-mail: klfu@naevneneshus.dk 📧
Telefon: +45 72405708 📞
Oplysninger om frister for klageprocedurer:

Pursuant to Section 3 of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

— Complaints regarding a candidate not being prequalified 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, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:

1) 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);

2) 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;

3) 6 months starting the day after the contracting authority has sent a 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;

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Public Procurement Act (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk).

The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.

The e-mail of The Complaints Board for Public Procurement is stated in section VI.4.1.

The Complaints Board for Public Procurement’s own guidance note concerning complaints is available at the Internet address stated in section VI.4.1.

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Samme som: Gennemgå organ
Kilde: OJS 2017/S 245-513365 (2017-12-19)

Supplerende oplysninger (2018-02-01)
Objekt
Omfanget af udbuddet
Kort beskrivelse:

Bekendtgørelsens metadata
Dokumenttype: Supplerende oplysninger
Fælles glossar for offentlige kontrakter (CPV)
Kode: Laboratorieudstyr, optisk udstyr og præcisionsudstyr (ikke briller) 📦

Ordregivende myndighed
Kontakt
E-mail: fmi-ja-s214@mil.dk 📧

Reference
Datoer
Afsendelsesdato: 2018-02-01 📅
Tilbudsfrist: 2018-02-08 📅
Offentliggørelsesdato: 2018-02-03 📅
Identifikatorer
Bekendtgørelsesnummer: 2018/S 024-050865
Henviser til bekendtgørelse: 2017/S 245-513365
EUT-S-nummer: 24
Yderligere oplysninger

DALO has become aware that the deadline for request to participate in the tender is set on Sunday the 4th of February. DALO finds that a deadline set on a Sunday is inconvenient for the candidates and has decided to move the deadline to Thursday the 8th of February at 23.59 CET.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

The tender procedure concerns one contract notice divided into 2 contract lots regarding 2 separate framework agreements. The framework agreements are not identical and the requirement specifications “Appendix A” are also not identical, but specific for each contract lot. Each contract lot is, therefore, subject to their own contractual conditions further specified in the framework agreements.

— contract lot 1 covers binoculars and LRF-binoculars,

— contract lot 2 covers LRF.

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: 16-28-71-80
Kilde: OJS 2018/S 024-050865 (2018-02-01)

Bekendtgørelse om indgåede kontrakter (2019-07-08)
Objekt
Omfanget af udbuddet
Titel: Sikkerheds-, brandbekæmpelses, politi- og forsvarsudstyr
Den samlede værdi af udbuddet: 15 000 000 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter
Fælles glossar for offentlige kontrakter (CPV)
Kode: Sikkerheds-, brandbekæmpelses, politi- og forsvarsudstyr 📦

Procedure
Procedureform: V: Tildeling af kontrakt uden forudgående offentliggørelse
Bud-type: Finder ikke anvendelse

Ordregivende myndighed
Kontakt
Telefon: +45 72814275 📞

Reference
Datoer
Afsendelsesdato: 2019-07-08 📅
Offentliggørelsesdato: 2019-07-11 📅
Identifikatorer
Bekendtgørelsesnummer: 2019/S 132-325607
EUT-S-nummer: 132

Procedure
Kriterier for tildeling
Kriterium: Price (55)
Functionality (45)

Tildeling af kontrakt
Navn: Safran Electronics and Defense
Postadresse: 18/20 Quai du point du jour
Postby: Boulogne-Billancourt
Postnummer: 92659
Land: Frankrig 🇫🇷

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: 480 107 911 R.C.S. Nanterre

Supplerende oplysninger
Gennemgå organ
Oplysninger om frister for klageprocedurer:

Pursuant to Section 3 of the Danish Consolidation Act No 593 of 2.6.2016 on the complaints board for public procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

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, cf. § 7(1) of the Act on the complaints board for public procurement, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on the complaints board for public procurement be filed with the complaints board for public procurement within:

1) 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);

2) 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;

3) 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;

4) 20 calendar days starting the day after the Contracting Authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Public Procurement Act (act No 1564 of 15.12.2015 – available at www.retsinformation.dk).

The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to the complaints board for public procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on the complaints board for public procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.

The e-mail of the complaints board for public procurement is stated in Section VI.4.1.

The complaints board for public procurement’s own guidance note concerning complaints is available at the internet address stated in Section VI.4.1.

Kilde: OJS 2019/S 132-325607 (2019-07-08)

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