The tender consists of two framework agreements: A framework agreement (LOT1) with a total potential delivery of approximately 100 ATV’s within a 7 year period, including an initially order for 32 ATV MIL SPEC, High payload and 20 cargo trailers. The delivery may concern up to 3 different types of ATV; - MIL SPEC, High payload capacity - COTS SPEC, High payload capacity - COTS SPEC, Low payload capacity And one type of Cargo trailer for MIL Spec ATV. Please note that DALO will award one supplier of ATV’s and Cargo trailers only, - and a framework agreement (LOT2) for related logistics; spare and wear parts, test equipment, documentation, training, etc. The agreement for LOT 2 covering spare and wear parts and services to support the ATV procured under the Agreement for LOT 1. When entering into this Agreement, DALO shall place an initial order for a complete Mechanics ATV Training Course for a MIL Spec ATV. The course shall be designed as a four day complete mechanics course for 4 mechanic and 2 operators. The course shall cover a complete work around for service and complex repairs of the ATV. DALO will appoint a facility in Denmark. Furthermore an Initial Fleet Spare and Wear Parts Package and 32 Service Package Kits for 1 Year Usage of MIL Spec ATV. - Please note that DALO has a mandatory requirement to make a combined award of contract for both framework agreements to one supplier only.
Deadline
Fristen for modtagelse af bud var på 2023-01-31.
Indkøbet blev offentliggjort på 2022-12-20.
Udbudsbekendtgørelse (2022-12-20) Objekt Omfanget af udbuddet
Titel: Motorkøretøjer
Mængde eller omfang: Approximately 100 ATV24000000
Den samlede værdi af udbuddet: 24 000 000 💰
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Motorkøretøjer📦
Procedure
Procedureform: Begrænset udbud
Bud-type: Uspecificeret
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 Ministry of Defence Acquisition and Logistics Organisation
Postadresse: Lautrupbjerg 1 - 5
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: https://www.ethics.dk/ethics/eo#/a6d45469-f3b8-449c-b2a6-66c0506ff774/homepage🌏
E-mail: fmi-sd-alj12@mil.dk📧
Telefon: +45 72814000📞
Regarding section II.2.1): The estimated value of the framework agreements is DKK 24 million and the maximum value of the framework agreement is DKK 46,5 million. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreements, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreements at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the Danish Defence’ operational needs through the duration of the framework agreement, including uncertainty about specific deployments and mission areas in particular, which is not possible to foresee for the en-tire span of the framework agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significant larger expenditure on the framework agreement than what is expected at the moment.
Please note, that each candidate can only submit one request for participation. 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 fulfil the formalities of the procurement documents.
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 in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. 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 tech-nical 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.
The framework agreements contains requirements regarding labour clause, CSR requirements, interna-tional sanctions as well as provisions regarding risk assessment and follow-up actions. Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process. DALO has uploaded a template which must be used as a statement. The template is included in the abovementioned prequalification questionnaire (PQQ). When associations of several entities (ie. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.
The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.
Attention is drawn to the Investment Screening Act (Act. No. 842 of 10 May 2021) according to which certain companies are required to apply for permission from the Danish Business Authority prior to entering into “special financial agreements” within particularly sensitive sectors and activities. Further information can be obtained from https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.
Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended by Regulation (EU) 2022/576 which applies for the tender procedure. 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 actors covered by the prohibition). DALO may at any time during the tender process require that the candidates prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates and any subcontractors’ place of establishment and ownership.
Regarding section II.2.1): The estimated value of the framework agreements is DKK 24 million and the maximum value of the framework agreement is DKK 46,5 million. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreements, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreements at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the Danish Defence’ operational needs through the duration of the framework agreement, including uncertainty about specific deployments and mission areas in particular, which is not possible to foresee for the en-tire span of the framework agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significant larger expenditure on the framework agreement than what is expected at the moment.
Please note, that each candidate can only submit one request for participation. 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 fulfil the formalities of the procurement documents.
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 in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. 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 tech-nical 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.
The framework agreements contains requirements regarding labour clause, CSR requirements, interna-tional sanctions as well as provisions regarding risk assessment and follow-up actions. Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process. DALO has uploaded a template which must be used as a statement. The template is included in the abovementioned prequalification questionnaire (PQQ). When associations of several entities (ie. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.
The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.
Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended by Regulation (EU) 2022/576 which applies for the tender procedure. 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 actors covered by the prohibition). DALO may at any time during the tender process require that the candidates prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates and any subcontractors’ place of establishment and ownership.
Objekt Omfanget af udbuddet
Kort beskrivelse:
The tender consists of two framework agreements:
A framework agreement (LOT1) with a total potential delivery of approximately 100 ATV’s within a 7 year period, including an initially order for 32 ATV MIL SPEC, High payload and 20 cargo trailers.
The delivery may concern up to 3 different types of ATV;
- MIL SPEC, High payload capacity
- COTS SPEC, High payload capacity
- COTS SPEC, Low payload capacity
And one type of Cargo trailer for MIL Spec ATV.
Please note that DALO will award one supplier of ATV’s and Cargo trailers only,
and a framework agreement (LOT2) for related logistics; spare and wear parts, test equipment, documentation, training, etc. The agreement for LOT 2 covering spare and wear parts and services to support the ATV procured under the Agreement for LOT 1.
When entering into this Agreement, DALO shall place an initial order for a complete Mechanics ATV Training Course for a MIL Spec ATV. The course shall be designed as a four day complete mechanics course for 4 mechanic and 2 operators. The course shall cover a complete work around for service and complex repairs of the ATV. DALO will appoint a facility in Denmark. Furthermore an Initial Fleet Spare and Wear Parts Package and 32 Service Package Kits for 1 Year Usage of MIL Spec ATV.
When entering into this Agreement, DALO shall place an initial order for a complete Mechanics ATV Training Course for a MIL Spec ATV. The course shall be designed as a four day complete mechanics course for 4 mechanic and 2 operators. The course shall cover a complete work around for service and complex repairs of the ATV. DALO will appoint a facility in Denmark. Furthermore an Initial Fleet Spare and Wear Parts Package and 32 Service Package Kits for 1 Year Usage of MIL Spec ATV.
Please note that DALO has a mandatory requirement to make a combined award of contract for both framework agreements to one supplier only.
Delkontraktnummer: 1
Delkontraktens titel: Acquisition of All-Terrain Vehicle and Cargo Trailers.
Kort beskrivelse:
Acquisition of All-Terrain Vehicles and Cargo Trailers. The Agreement contains delivery of three types ATV: MIL Spec ATV, High Payload, COTS ATV, High Payload and COTS ATV, Low Payload and Cargo Trailers.
The Agreement include an initial buy of 32 MIL Spec ATV, High Payload and 20 associated Cargo Trailers.
Mængde eller omfang: Up to approximately 100 ATV.
Yderligere oplysninger om delkontrakterne:
A combined award of both Framework Agreements for LOT1 and LOT2 shall take place to one tender only.
Delkontraktnummer: 2
Delkontraktens titel: Acquisition of Spare and Wear Parts and Services to the associated ATV and Cargo Trailers delivered in agreement for LOT 1.
Kort beskrivelse:
Acquisition of Spare and Wear Parts and Services to the associated ATV and Cargo Trailers delivered in agreement for LOT 1.
The Agreement for LOT2 include an initial buy of a four days complete mechanics course for 4 mechanic and 2 operators. Furthermore an Initial Fleet Spare and Wear Parts Package and 32 Service Package Kits for 1 Year Usage of MIL Spec ATV.
Please note that DALO has a mandatory requirement to make a combined award of contract for both framework agreements for LOT1 and LOT2 to one supplier only.
Varighed: 84 måneder
Mængde eller omfang: Approximately 100 ATV
Beskrivelse af mulighederne:
The Agreement for LOT 2, Spare and Wear Parts and Services has 3 (three) options for renewals.
Foreløbig tidsplan for udnyttelse af optioner: 84 måneder
Antal mulige forlængelser: 3
Tidsramme for efterfølgende kontrakter: 48 måneder
Referencenummer: 2021/110055
Juridiske, økonomiske, finansielle og tekniske oplysninger Betingelser for deltagelse
Egnethed til at udøve det erhverv:
When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and section 134 a of The Public Procurement Act, and (2) 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 pro-vided with the procurement documents, and the tenderer is encouraged – but not obliged - to use it. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and section 134 a of The Public Procurement Act, and (2) 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 pro-vided with the procurement documents, and the tenderer is encouraged – but not obliged - to use it. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
Be advised that DALO shall exclude a tenderer which has 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 coun-try in which the tenderer is established, unless the tenderer has provided collateral for the overdue debt, will pro-vide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.
Be advised that DALO shall exclude a tenderer which has 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 coun-try in which the tenderer is established, unless the tenderer has provided collateral for the overdue debt, will pro-vide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.
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 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.
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 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.
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.
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 candidate must have had an equity ratio of at least 10 percent for 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).
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
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.
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) in regards to the lots which the candidate has requested to participate, carried out within the past 5 (five) years prior to the deadline for the request to participate.
A list of the most important similar deliveries (references), cf. section II.1.5) in regards to the lots which the candidate has requested to participate, 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 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 [services / supplies] [carried out within the past 5 (five) years and] completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been [carried out within the past 5 (five) years or if a part of the supplies has not been completed at the time of the dead-line for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate clearly states which part (e.g. with regard to value and quantity) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years.
If the delivery in question is ongoing, it is only the part of the [services / supplies] [carried out within the past 5 (five) years and] completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been [carried out within the past 5 (five) years or if a part of the supplies has not been completed at the time of the dead-line for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate clearly states which part (e.g. with regard to value and quantity) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years.
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, in regards to the lots which the candidate has requested to participate. The description should also including a description of the candidates participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the quantity 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 generic information as possible about the delivery e.g. whether the recipient country is a NATO or 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 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, in regards to the lots which the candidate has requested to participate. The description should also including a description of the candidates participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the quantity 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 generic information as possible about the delivery e.g. whether the recipient country is a NATO or 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 5 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 5, DALO will only consider the first 5 deliveries on the list. Deliveries beyond that will be disregarded.
The list must contain a maximum of 5 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 5, DALO will only consider the first 5 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.
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.
Kontraktens udførelse
De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem:
Reference is made to the procurement 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.
De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem
Reference is made to the procurement 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 contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions. In the procurement of the framework agreements the risk profile is assessed to the following follow-up action (risk level): C.
The framework agreements contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions. In the procurement of the framework agreements the risk profile is assessed to the following follow-up action (risk level): C.
Reference is made to appendix B and appendix B.1 for further information.
Procedure
Rammeaftalens varighed i måneder: 84
Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse:
The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries of ATV in comparison to the contract described in section II.1.5) above in regard to the lots in respect of which the candidate has requested to participate. In the evaluation, DALO will take into account 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.
The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries of ATV in comparison to the contract described in section II.1.5) above in regard to the lots in respect of which the candidate has requested to participate. In the evaluation, DALO will take into account 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.
Datoer
Dato for afsendelse af opfordringer til at afgive tilbud eller deltage til de udvalgte ansøgere: 2023-02-21 📅
Sprog
Sprog: engelsk 🗣️
dansk 🗣️
Regarding section II.2.1): The estimated value of the framework agreements is DKK 24 million and the maximum value of the framework agreement is DKK 46,5 million. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreements, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreements at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.
Regarding section II.2.1): The estimated value of the framework agreements is DKK 24 million and the maximum value of the framework agreement is DKK 46,5 million. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreements, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreements at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the Danish Defence’ operational needs through the duration of the framework agreement, including uncertainty about specific deployments and mission areas in particular, which is not possible to foresee for the en-tire span of the framework agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significant larger expenditure on the framework agreement than what is expected at the moment.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the Danish Defence’ operational needs through the duration of the framework agreement, including uncertainty about specific deployments and mission areas in particular, which is not possible to foresee for the en-tire span of the framework agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significant larger expenditure on the framework agreement than what is expected at the moment.
Please note, that each candidate can only submit one request for participation. 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.
Please note, that each candidate can only submit one request for participation. 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 fulfil the formalities of the procurement documents.
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 fulfil the formalities of the procurement documents.
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 in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
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 in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. 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 tech-nical 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.
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or tech-nical 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.
The framework agreements contains requirements regarding labour clause, CSR requirements, interna-tional sanctions as well as provisions regarding risk assessment and follow-up actions. Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process. DALO has uploaded a template which must be used as a statement. The template is included in the abovementioned prequalification questionnaire (PQQ). When associations of several entities (ie. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.
The framework agreements contains requirements regarding labour clause, CSR requirements, interna-tional sanctions as well as provisions regarding risk assessment and follow-up actions. Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process. DALO has uploaded a template which must be used as a statement. The template is included in the abovementioned prequalification questionnaire (PQQ). When associations of several entities (ie. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.
The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.
Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended by Regulation (EU) 2022/576 which applies for the tender procedure. 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 actors covered by the prohibition). DALO may at any time during the tender process require that the candidates prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates and any subcontractors’ place of establishment and ownership.
Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended by Regulation (EU) 2022/576 which applies for the tender procedure. 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 actors covered by the prohibition). DALO may at any time during the tender process require that the candidates prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates and any subcontractors’ place of establishment and ownership.
Supplerende oplysninger Gennemgå organ
Navn: Klagenævnet for udbud (The Complaints Board for Public Procurement)
Postadresse: Toldboden 2
Postby: Viborg
Postnummer: DK-8800
Land: Danmark 🇩🇰
E-mail: klfu@naevneneshus.dk📧
Telefon: +45 72405600📞
Internetadresse: www.klfu.naevneneshus.dk🌏
Oplysninger om frister for klageprocedurer:
Pursuant to 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 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 noti-fication includes an account of the reasons for the decision.
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 noti-fication includes an account of the 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 Jour-nal of the European Union. The time limit is calculated from the day after the publication date.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the rea-sons for the decision.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the rea-sons for the decision.
3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2).
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) ..
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) ..
Contact information for 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 on the website stated in section VI.4.1).
Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: DK-2500
Telefon: +45 41715000📞
Internetadresse: www.kfst.dk🌏
Kilde: OJS 2022/S 248-716976 (2022-12-20)