Through purchases under a framework agreement the Danish Defence Aquisition and Logistics Organization (DALO) is planning to purchase military spare parts for the main part of the fleet of military combat and tactical vehicles of the Danish Defence. The framework agreements covers the purchase of all military spare parts for military combat and tactical vehicles from the following manufacturers: — BAE Systems Hägglunds Bandvagn 206 (Bv 206D6); — BAE Systems Hägglunds CV-9035 DK Infantry Fighting Vehicle (IFV); — General Dynamics European Land Systems-Mowag GmbH Eagle IV (Eagle IV); — General Dynamics European Land Systems-Mowag GmbH Piranha 3 (Piranha 3); — Flensburger Fahrzeugbau Gesellschaft Armored personnel carrier M113 (M113) — Flensburger Fahrzeugbau Gesellschaft Leopard 1 WISENT (LEO 1); — Rheinmetall Maschinenfabrik Augsburg-Nürnberg Leopard 1 Bibler Armoured vehicle land bridge (LEO 1 Bibler AVLB) — Rheinmetall Maschinenfabrik Augsburg-Nürnberg HX (MAN HX); — Rheinmetall Maschinenfabrik Augsburg-Nürnberg SX (MAN SX); — Krauss-Maffei Wegmann Leopard 2 (LEO 2); DALO expect that the vehicles will be used in international military operations, therefore spare parts must be Original Equipment Manufacturer (OEM) spare parts or equivalent quality, i.e.spare parts which are of the same quality as the OEM spare parts used by the vehicle manufacturer for the assembly of the vehicle and maintain the full operational envelope of the vehicle systems. Equivalent quality parts may be produced by another party than the OEM, as further specified in the tender documents. Tenderers who offers non-OEM spare parts must submit documention, as part of the offer, that the offered spare parts are of equivalent quality as the OEM spare parts. Tenderers who offers OEM spare parts may at any time during the tender process be asked to document that the offered spare parts are OEM spare parts, if DALO finds it relevant.. The main part of the spare parts that DALO intends to purchase in accordance with the framework agreement are stated in an appendix to the framework agreement. The framework agreement and appendices, including the listed spare parts, will be made available to the prequalified tenderers. Some of the military spare parts are repairable and the framework agreement will also include obligation to repair these. DALO can also use the framework agreement to purchase spare parts for the above mentioned vehicles that are not listed in the appendix. Each listed spare part will be evaluated and awarded individually in a cascade model, meaning that the tenderer who has submitted the most economically advantageous offer for a spare part will be the primary supplier for that spare part. A maximum of three (3) tenderers will be offered a parallel framework agreement on each spare part. If more than three (3) tenderers has submitted an offer for the same spare part DALO will only award the spare part to the three (3) most economically advanteges offers. The order of the cascade will be determed based on DALO's evaluation of the offers. Afterwards DALO will purchase the spare parts by way of a direct award. First DALO will submit a purchase order for a specific spare part to the primary supplier. Secondly DALO has the posibility to use the cascade model to place the order at the secondary supplier in case the primary supplier is unable to deliver. Finally DALO can submit the purchase order to the third supplier in case neither the primary og secondary supplier are able to deliver the spare part, as further described in the tender material made available to the prequalified tenderers. It is not a requirement for participating in the tender proces that a tenderer can offer all the listed spare parts in the appendix. Tenderers can freely decide which of the listed spare parts they want to submit an offer for. However, in order to be awarded a parallel framework agreement a tenderer must have been awarded a minimum of ten (10) spare parts on the list (e.i. be in top three (3) in the evaluation of at least ten (10) spare parts) . If a tenderer after the final evaluation has not been awarded at least ten (10) spare parts DALO will disregard the offer entirely. Spare parts that has not received an offer as well as other spare parts for the above mentioned military combat and tactical vehicles of the Danish Defence that has not been stated on the list in the appendix may, however, be awarded by way of a light tender procedure (mini-competition) among all the suppliers that have been awarded a parallel framework agreement (e.i. has been awarded at least ten (10) spare parts, c.f. the description above). The award criteria for the light tender procedure is described in further details in the tender material.
Deadline
Fristen for modtagelse af bud var på 2022-08-16.
Indkøbet blev offentliggjort på 2022-06-30.
Leverandører
Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:
Udbudsbekendtgørelse (2022-06-30) Objekt Omfanget af udbuddet
Titel: Transportudstyr og transporthjælpemidler
Mængde eller omfang: 120000000
Den samlede værdi af udbuddet: 120 000 000 💰
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Transportudstyr og transporthjælpemidler📦
Procedure
Procedureform: Udbud efter forhandling
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: http://www.fmi.dk🌏
E-mail: fmi-sd-alj15@mil.dk📧
Telefon: +45 72814252📞
Regarding section II.1.4): The estimated value of the framework agreement is 120 mio. DKK and the maximum value of the framework agreement is 180 mio. DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement 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 entire 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.
Regarding section IV.3.6): Note, that the procure documents are in English. However, it is permissible to submit applications for participation and offers in Danish and English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preference of the specific tenderer. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
DALO will conduct a clarification meeting before the deadline for application for participation, cf. section IV.3.4). The meeting will be conducted in English and DALO will distribute minutes of the meeting in English. The meeting will be held at DALO, cf. the adress i section I.1). Candidates who want to partipate in the meeting should give notice to DALO: Danish attendees should state: Name of the attendee, nationality and name of the company they represent. Foreign attendees should state; Name of the attendee, nationality, passport number and name of the company they represent. DALO reserves the right to conduct the meeting virtually.
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. Tenderers are expressly made aware that DALO reserves the right to regard the first indicative offers (INDO) as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, ie. without conducting any negotiations.
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 demands that the candidate and each of the legal entities whose economic and financial capacities the candidate relies on undertake joint and several liability for the performance of the framework agreement.
Candidates are asked to submit their request to participate via ETHICS web portal. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire (PQQ) 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). Please note that template no. 7 in the PQQ is mandatory to sign.
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.
The framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions, see Appendix B and B.1 uploaded to Ethics. As part of the prequalification application the Candidate 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 Candidate will be excluded from participation in the procurement process. DALO has uploaded a template no. 7 which must be used as a statement. The template no. 7 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/tenderers prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates’/tenderers’ and any subcontractors’ place of establishment and ownership.
Regarding section II.1.4): The estimated value of the framework agreement is 120 mio. DKK and the maximum value of the framework agreement is 180 mio. DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement 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 entire 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.
Regarding section IV.3.6): Note, that the procure documents are in English. However, it is permissible to submit applications for participation and offers in Danish and English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preference of the specific tenderer. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
DALO will conduct a clarification meeting before the deadline for application for participation, cf. section IV.3.4). The meeting will be conducted in English and DALO will distribute minutes of the meeting in English. The meeting will be held at DALO, cf. the adress i section I.1). Candidates who want to partipate in the meeting should give notice to DALO: Danish attendees should state: Name of the attendee, nationality and name of the company they represent. Foreign attendees should state; Name of the attendee, nationality, passport number and name of the company they represent. DALO reserves the right to conduct the meeting virtually.
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. Tenderers are expressly made aware that DALO reserves the right to regard the first indicative offers (INDO) as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, ie. without conducting any negotiations.
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 demands that the candidate and each of the legal entities whose economic and financial capacities the candidate relies on undertake joint and several liability for the performance of the framework agreement.
Candidates are asked to submit their request to participate via ETHICS web portal. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire (PQQ) 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). Please note that template no. 7 in the PQQ is mandatory to sign.
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.
The framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions, see Appendix B and B.1 uploaded to Ethics. As part of the prequalification application the Candidate 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 Candidate will be excluded from participation in the procurement process. DALO has uploaded a template no. 7 which must be used as a statement. The template no. 7 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/tenderers prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates’/tenderers’ and any subcontractors’ place of establishment and ownership.
Objekt Omfanget af udbuddet
Kort beskrivelse:
Through purchases under a framework agreement the Danish Defence Aquisition and Logistics Organization (DALO) is planning to purchase military spare parts for the main part of the fleet of military combat and tactical vehicles of the Danish Defence.
The framework agreements covers the purchase of all military spare parts for military combat and tactical vehicles from the following manufacturers:
— BAE Systems Hägglunds Bandvagn 206 (Bv 206D6);
— BAE Systems Hägglunds CV-9035 DK Infantry Fighting Vehicle (IFV);
— General Dynamics European Land Systems-Mowag GmbH…
… Eagle IV (Eagle IV);
… Piranha 3 (Piranha 3);
— Flensburger Fahrzeugbau Gesellschaft Armored personnel carrier M113 (M113)
— Flensburger Fahrzeugbau Gesellschaft Leopard 1 WISENT (LEO 1);
DALO expect that the vehicles will be used in international military operations, therefore spare parts must be Original Equipment Manufacturer (OEM) spare parts or equivalent quality, i.e.spare parts which are of the same quality as the OEM spare parts used by the vehicle manufacturer for the assembly of the vehicle and maintain the full operational envelope of the vehicle systems. Equivalent quality parts may be produced by another party than the OEM, as further specified in the tender documents. Tenderers who offers non-OEM spare parts must submit documention, as part of the offer, that the offered spare parts are of equivalent quality as the OEM spare parts. Tenderers who offers OEM spare parts may at any time during the tender process be asked to document that the offered spare parts are OEM spare parts, if DALO finds it relevant..
DALO expect that the vehicles will be used in international military operations, therefore spare parts must be Original Equipment Manufacturer (OEM) spare parts or equivalent quality, i.e.spare parts which are of the same quality as the OEM spare parts used by the vehicle manufacturer for the assembly of the vehicle and maintain the full operational envelope of the vehicle systems. Equivalent quality parts may be produced by another party than the OEM, as further specified in the tender documents. Tenderers who offers non-OEM spare parts must submit documention, as part of the offer, that the offered spare parts are of equivalent quality as the OEM spare parts. Tenderers who offers OEM spare parts may at any time during the tender process be asked to document that the offered spare parts are OEM spare parts, if DALO finds it relevant..
The main part of the spare parts that DALO intends to purchase in accordance with the framework agreement are stated in an appendix to the framework agreement. The framework agreement and appendices, including the listed spare parts, will be made available to the prequalified tenderers. Some of the military spare parts are repairable and the framework agreement will also include obligation to repair these. DALO can also use the framework agreement to purchase spare parts for the above mentioned vehicles that are not listed in the appendix.
The main part of the spare parts that DALO intends to purchase in accordance with the framework agreement are stated in an appendix to the framework agreement. The framework agreement and appendices, including the listed spare parts, will be made available to the prequalified tenderers. Some of the military spare parts are repairable and the framework agreement will also include obligation to repair these. DALO can also use the framework agreement to purchase spare parts for the above mentioned vehicles that are not listed in the appendix.
Each listed spare part will be evaluated and awarded individually in a cascade model, meaning that the tenderer who has submitted the most economically advantageous offer for a spare part will be the primary supplier for that spare part. A maximum of three (3) tenderers will be offered a parallel framework agreement on each spare part. If more than three (3) tenderers has submitted an offer for the same spare part DALO will only award the spare part to the three (3) most economically advanteges offers. The order of the cascade will be determed based on DALO's evaluation of the offers. Afterwards DALO will purchase the spare parts by way of a direct award. First DALO will submit a purchase order for a specific spare part to the primary supplier. Secondly DALO has the posibility to use the cascade model to place the order at the secondary supplier in case the primary supplier is unable to deliver. Finally DALO can submit the purchase order to the third supplier in case neither the primary og secondary supplier are able to deliver the spare part, as further described in the tender material made available to the prequalified tenderers. It is not a requirement for participating in the tender proces that a tenderer can offer all the listed spare parts in the appendix. Tenderers can freely decide which of the listed spare parts they want to submit an offer for. However, in order to be awarded a parallel framework agreement a tenderer must have been awarded a minimum of ten (10) spare parts on the list (e.i. be in top three (3) in the evaluation of at least ten (10) spare parts) . If a tenderer after the final evaluation has not been awarded at least ten (10) spare parts DALO will disregard the offer entirely. Spare parts that has not received an offer as well as other spare parts for the above mentioned military combat and tactical vehicles of the Danish Defence that has not been stated on the list in the appendix may, however, be awarded by way of a light tender procedure (mini-competition) among all the suppliers that have been awarded a parallel framework agreement (e.i. has been awarded at least ten (10) spare parts, c.f. the description above). The award criteria for the light tender procedure is described in further details in the tender material.
Each listed spare part will be evaluated and awarded individually in a cascade model, meaning that the tenderer who has submitted the most economically advantageous offer for a spare part will be the primary supplier for that spare part. A maximum of three (3) tenderers will be offered a parallel framework agreement on each spare part. If more than three (3) tenderers has submitted an offer for the same spare part DALO will only award the spare part to the three (3) most economically advanteges offers. The order of the cascade will be determed based on DALO's evaluation of the offers. Afterwards DALO will purchase the spare parts by way of a direct award. First DALO will submit a purchase order for a specific spare part to the primary supplier. Secondly DALO has the posibility to use the cascade model to place the order at the secondary supplier in case the primary supplier is unable to deliver. Finally DALO can submit the purchase order to the third supplier in case neither the primary og secondary supplier are able to deliver the spare part, as further described in the tender material made available to the prequalified tenderers. It is not a requirement for participating in the tender proces that a tenderer can offer all the listed spare parts in the appendix. Tenderers can freely decide which of the listed spare parts they want to submit an offer for. However, in order to be awarded a parallel framework agreement a tenderer must have been awarded a minimum of ten (10) spare parts on the list (e.i. be in top three (3) in the evaluation of at least ten (10) spare parts) . If a tenderer after the final evaluation has not been awarded at least ten (10) spare parts DALO will disregard the offer entirely. Spare parts that has not received an offer as well as other spare parts for the above mentioned military combat and tactical vehicles of the Danish Defence that has not been stated on the list in the appendix may, however, be awarded by way of a light tender procedure (mini-competition) among all the suppliers that have been awarded a parallel framework agreement (e.i. has been awarded at least ten (10) spare parts, c.f. the description above). The award criteria for the light tender procedure is described in further details in the tender material.
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/prequalification), 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 (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 provided 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. a consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
When submitting the offer (but not the request for participation/prequalification), 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 (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 provided 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. a 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 country in which the tenderer is established, unless the tenderer has provided collateral for the overdue debt, will provide 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 country in which the tenderer is established, unless the tenderer has provided collateral for the overdue debt, will provide 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 a positive equity ratio in 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) carried out 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 supplies 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 completed at the time of the deadline 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, quantity or volume) of an ongoing delivery (reference) that has been carried out.
A list of the most important similar deliveries (references), cf. section II.1.5) carried out 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 supplies 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 completed at the time of the deadline 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, quantity or volume) of an ongoing delivery (reference) that has been carried out.
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. The description should also include 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/volume 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). 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. The description should also include 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/volume 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). 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 five (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 five (5) deliveries (references), DALO will only consider the first five (5) deliveries on the list. Each reference must be a maximum of one (1) normal page equal to 1.300 words (pictures are not included). If the reference is longer than one normal page DALO will only take the first page into consideration when evaluating the reference and disregard the rest of the reference.
The list must contain a maximum of five (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 five (5) deliveries (references), DALO will only consider the first five (5) deliveries on the list. Each reference must be a maximum of one (1) normal page equal to 1.300 words (pictures are not included). If the reference is longer than one normal page DALO will only take the first page into consideration when evaluating the reference and disregard the rest of the reference.
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. When evaluating the references DALO will first look at the list from the candidate and secondly DALO will look at the list from a supporting entity. Deliveries beyond the maximum 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. When evaluating the references DALO will first look at the list from the candidate and secondly DALO will look at the list from a supporting entity. Deliveries beyond the maximum will be disregarded.
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 agreement.
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 agreement.
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 agreement 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 agreement the risk profile is assessed to the following follow-up action (risk level): C (low risk). Please see the uploaded Appendix B and B.1 on the Ethics web portal for more information.
The framework agreement 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 agreement the risk profile is assessed to the following follow-up action (risk level): C (low risk). Please see the uploaded Appendix B and B.1 on the Ethics web portal for more information.
DALO demands that the supplier at company level must possess the appropriate facility security clearance at the level of NATO and EU RESTICTED (or equivalent in danish-language classification "Til Tjenestebrug"). The security clearance must be optained at the time of signing the framework agreemeent and must maintained throughout the term of the framework agreement. Further details will be made available in the framework agreement. It is the candidate’s own responsibility to obtain the security clearance required to perform the framework agreement.
DALO demands that the supplier at company level must possess the appropriate facility security clearance at the level of NATO and EU RESTICTED (or equivalent in danish-language classification "Til Tjenestebrug"). The security clearance must be optained at the time of signing the framework agreemeent and must maintained throughout the term of the framework agreement. Further details will be made available in the framework agreement. It is the candidate’s own responsibility to obtain the security clearance required to perform the framework agreement.
Procedure
Maksimalt antal operatører i rammeaftalen: 20
Rammeaftalens varighed i år: 7
Påtænkt antal ansøgere: 20
Objektive kriterier for udvælgelse:
For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the tender procedure based on the candidate’s size. Thus, the candidates will be divided into the following groups of enterprises based on information about the candidates’ number of full time employees, turnover and balance sheet total: (1) micro enterprises, (2) small enterprises, (3) medium-sized enterprises and (4) large enterprises. The definition of the said groups are partly based on the Commission Recommendation of 6 May 2003 (2003/361/EC) and is described in full detail below.
For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the tender procedure based on the candidate’s size. Thus, the candidates will be divided into the following groups of enterprises based on information about the candidates’ number of full time employees, turnover and balance sheet total: (1) micro enterprises, (2) small enterprises, (3) medium-sized enterprises and (4) large enterprises. The definition of the said groups are partly based on the Commission Recommendation of 6 May 2003 (2003/361/EC) and is described in full detail below.
Thus, it is DALO’s intention to choose:
- up to 10 candidates which are micro or small enterprises (group 1); and
- up to 10 candidates which are medium-sized or large enterprises (group 2)
The number of candidates assigned to each group is based on a market survey that DALO has conducted.
If DALO receives fewer applications for participation within a group than the number of candidates DALO has assigned to that particular group, DALO will not invite additional candidates from other groups.
The groups of enterprises described above are defined as follows:
Microenterprises are enterprises, which have had:
• fewer than 10 full time employees and
• an annual turnover or balance sheet total that does not exceed 2 mio. EUR
Small enterprises are enterprises, which are not microenterprises and which have had:
• fewer than 50 full time employees and
• an annual turnover or balance sheet total that does not exceed 10 mio. EUR
Medium-sized enterprises are enterprises, which are neither micro- nor small enterprises and which have had:
• fewer than 250 full time employees and
• an annual turnover that does not exceed 50 mio. EUR or balance sheet total that does not exceed 43 mio. EUR
Large enterprises are enterprises, which are neither micro-, small- nor medium-sized enterprises.
When determining the number of full time employees, annual turnover and balance sheet total, the data from the latest approved annual accounts shall be applied and calculated on an annual basis. The data to be taken into account are data from the date of closure of the accounts. The amount selected for the turnover is calculated excluding value added tax (VAT) or other indirect taxes.
When determining the number of full time employees, annual turnover and balance sheet total, the data from the latest approved annual accounts shall be applied and calculated on an annual basis. The data to be taken into account are data from the date of closure of the accounts. The amount selected for the turnover is calculated excluding value added tax (VAT) or other indirect taxes.
Where, at the date of closure of the accounts, an enterprise finds that, on an annual basis, it has exceeded or fallen below the headcount or financial ceilings stated above, this will not result in the loss or acquisition of the status of large, medium-sized, small or microenterprise unless those ceilings are exceeded or fallen below over two consecutive accounting periods.
Where, at the date of closure of the accounts, an enterprise finds that, on an annual basis, it has exceeded or fallen below the headcount or financial ceilings stated above, this will not result in the loss or acquisition of the status of large, medium-sized, small or microenterprise unless those ceilings are exceeded or fallen below over two consecutive accounting periods.
Example 1: If the three latest approved annual accounts show that the candidate was a medium-sized enterprise in year 1, a large enterprise in year 2 and again a medium-sized enterprise in year 3, the candidate will be regarded as a medium-sized enterprise, since the exceedance was only present in a single accounting period.
Example 1: If the three latest approved annual accounts show that the candidate was a medium-sized enterprise in year 1, a large enterprise in year 2 and again a medium-sized enterprise in year 3, the candidate will be regarded as a medium-sized enterprise, since the exceedance was only present in a single accounting period.
Example 2: If the three latest approved annual accounts show that the candidate was a small enterprise in year 1, a medium-sized enterprise in year 2 and a large enterprise in year 3, the candidate will be regarded as a medium-sized enterprise, since the candidate for two consecutive accounting periods has been larger than a small enterprise but has not belonged to the same group of enterprises for two consecutive accounting periods.
Example 2: If the three latest approved annual accounts show that the candidate was a small enterprise in year 1, a medium-sized enterprise in year 2 and a large enterprise in year 3, the candidate will be regarded as a medium-sized enterprise, since the candidate for two consecutive accounting periods has been larger than a small enterprise but has not belonged to the same group of enterprises for two consecutive accounting periods.
Newly established enterprises that do not yet have approved annual accounts should make a fair estimate regarding the required information made in the course of the financial year. On DALO’s request the candidate shall provide documentation for the estimate, e.g. by submitting an auditor’s statement.
Newly established enterprises that do not yet have approved annual accounts should make a fair estimate regarding the required information made in the course of the financial year. On DALO’s request the candidate shall provide documentation for the estimate, e.g. by submitting an auditor’s statement.
As an outset only data regarding the candidate will be applied. Thus, data regarding linked enterprises, e.g. parent companies, will as an outset not be included. From this main rule there are two excemptions:
1. If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the candidate’s data are calculated as the sum of all the participants’ data when determining which group of enterprise a candidate is defined as.
1. If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the candidate’s data are calculated as the sum of all the participants’ data when determining which group of enterprise a candidate is defined as.
2. If the candidate relies on the economic and financial standing or technical and/or professional capacity of an entity or entities, the candidate’s data will likewise be calculated as the sum of all the entities’, including the candidate’s, data when determining which group of enterprise a candidate is defined as.
2. If the candidate relies on the economic and financial standing or technical and/or professional capacity of an entity or entities, the candidate’s data will likewise be calculated as the sum of all the entities’, including the candidate’s, data when determining which group of enterprise a candidate is defined as.
If the data concerning turnover or balance sheet is not provided in EUR in the accounts, the candidate shall calculate the figures in EUR based on the official exchange rate from the European Central Bank on the date this notice was published.
The candidate must in the application for participation state which group of enterprises the candidate is defined as (according to the rules described above). Furthermore, the candidate should submit the most relevant information for determining which group of enterprise the candidate is defined as. DALO has prepared a prequalification questionnaire which the candidates are strongly encouraged to use when submitting their applications, cf. section VI.3.
The candidate must in the application for participation state which group of enterprises the candidate is defined as (according to the rules described above). Furthermore, the candidate should submit the most relevant information for determining which group of enterprise the candidate is defined as. DALO has prepared a prequalification questionnaire which the candidates are strongly encouraged to use when submitting their applications, cf. section VI.3.
The candidate must on DALO’s request provide documentation establishing that the candidate at the time of application for participation was defined as the specific group of enterprise. Documentation may be annual reports or excerpts thereof, an auditor’s statement or equivalent forms of documentation.
The candidate must on DALO’s request provide documentation establishing that the candidate at the time of application for participation was defined as the specific group of enterprise. Documentation may be annual reports or excerpts thereof, an auditor’s statement or equivalent forms of documentation.
The limitation of candidates within each group of enterprises 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 the evaluation, DALO will take into account the nature of the previous deliveries and the time of delivery so that more recent deliveries will be deemed more relevant than older 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 within each group of enterprises 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 the evaluation, DALO will take into account the nature of the previous deliveries and the time of delivery so that more recent deliveries will be deemed more relevant than older 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.
Regarding section II.1.4): The estimated value of the framework agreement is 120 mio. DKK and the maximum value of the framework agreement is 180 mio. DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement 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 entire 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.
Regarding section II.1.4): The estimated value of the framework agreement is 120 mio. DKK and the maximum value of the framework agreement is 180 mio. DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement 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 entire 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.
Regarding section IV.3.6): Note, that the procure documents are in English. However, it is permissible to submit applications for participation and offers in Danish and English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preference of the specific tenderer. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
Regarding section IV.3.6): Note, that the procure documents are in English. However, it is permissible to submit applications for participation and offers in Danish and English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preference of the specific tenderer. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
DALO will conduct a clarification meeting before the deadline for application for participation, cf. section IV.3.4). The meeting will be conducted in English and DALO will distribute minutes of the meeting in English. The meeting will be held at DALO, cf. the adress i section I.1). Candidates who want to partipate in the meeting should give notice to DALO: Danish attendees should state: Name of the attendee, nationality and name of the company they represent. Foreign attendees should state; Name of the attendee, nationality, passport number and name of the company they represent. DALO reserves the right to conduct the meeting virtually.
DALO will conduct a clarification meeting before the deadline for application for participation, cf. section IV.3.4). The meeting will be conducted in English and DALO will distribute minutes of the meeting in English. The meeting will be held at DALO, cf. the adress i section I.1). Candidates who want to partipate in the meeting should give notice to DALO: Danish attendees should state: Name of the attendee, nationality and name of the company they represent. Foreign attendees should state; Name of the attendee, nationality, passport number and name of the company they represent. DALO reserves the right to conduct the meeting virtually.
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. Tenderers are expressly made aware that DALO reserves the right to regard the first indicative offers (INDO) as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, ie. without conducting any negotiations.
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. Tenderers are expressly made aware that DALO reserves the right to regard the first indicative offers (INDO) as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, ie. without conducting any negotiations.
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.
DALO demands that the candidate and each of the legal entities whose economic and financial capacities the candidate relies on undertake joint and several liability for the performance of the framework agreement.
Candidates are asked to submit their request to participate via ETHICS web portal. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire (PQQ) 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). Please note that template no. 7 in the PQQ is mandatory to sign.
DALO have prepared a prequalification questionnaire (PQQ) 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). Please note that template no. 7 in the PQQ is mandatory to sign.
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.
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.
The framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions, see Appendix B and B.1 uploaded to Ethics. As part of the prequalification application the Candidate 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 Candidate will be excluded from participation in the procurement process. DALO has uploaded a template no. 7 which must be used as a statement. The template no. 7 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 agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions, see Appendix B and B.1 uploaded to Ethics. As part of the prequalification application the Candidate 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 Candidate will be excluded from participation in the procurement process. DALO has uploaded a template no. 7 which must be used as a statement. The template no. 7 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/tenderers prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates’/tenderers’ 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/tenderers prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates’/tenderers’ and any subcontractors’ place of establishment and ownership.
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 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 an account of the reasons for the decision.
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 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
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000📞
Internetadresse: www.kfst.dk🌏
Kilde: OJS 2022/S 127-363076 (2022-06-30)
Bekendtgørelse om indgåede kontrakter (2023-12-19) Objekt Omfanget af udbuddet
Titel: Military Of The Shelf (MOTS) spare parts for the Danish military combat and tactical vehicles fleet.
Referencenummer: 2022/00892
Kort beskrivelse:
Through purchases under a framework agreement the Danish Defence Aquisition and Logistics Organization (DALO) planned to purchase military spare parts for the main part of the fleet of military combat and tactical vehicles of the Danish Defence.
The framework agreements covers the purchase of all military spare parts for military combat and tactical vehicles from the following manufacturers:
— BAE Systems Hägglunds Bandvagn 206 (Bv 206D6);
— BAE Systems Hägglunds CV-9035 DK Infantry Fighting Vehicle (IFV);
— General Dynamics European Land Systems-Mowag GmbH Eagle IV (Eagle IV);
— General Dynamics European Land Systems-Mowag GmbH Piranha 3 (Piranha 3);
— Flensburger Fahrzeugbau Gesellschaft Armored personnel carrier M113 (M113)
— Flensburger Fahrzeugbau Gesellschaft Leopard 1 WISENT (LEO 1);
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg Leopard 1 Bibler Armoured vehicle land bridge (LEO 1 Bibler AVLB)
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg HX (MAN HX);
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg SX (MAN SX);
— Krauss-Maffei Wegmann Leopard 2 (LEO 2);
DALO expect that the vehicles will be used in international military operations, therefore spare parts must be Original Equipment Manufacturer (OEM) spare parts or equivalent quality, i.e. spare parts which are of the same quality as the OEM spare parts used by the vehicle manufacturer for the assembly of the vehicle and maintain the full operational envelope of the vehicle systems. Equivalent quality parts may be produced by another party than the OEM, as further specified in the tender documents. Tenderers who offers non-OEM spare parts had to submit documention, as part of the offer, that the offered spare parts are of equivalent quality as the OEM spare
parts. Tenderers who offered OEM spare parts could at any time during the tender process be asked to document that the offered spare parts are OEM spare parts, if DALO found it relevant.
The main part of the spare parts that DALO intends to purchase in accordance with the ramework agreement were stated in an appendix to the framework agreement. The framework agreement and appendices, including the listed spare parts, were made available to the prequalified tenderers. Some of the military spare parts are repairable and the framework agreement will also included obligation to repair these. DALO can also use the framework agreement to purchase spare parts for the above mentioned vehicles that are not listed in the appendix.
Each listed spare part were evaluated and awarded individually in a cascade model, meaning that the tenderer who submitted the most economically advantageous offer for a spare part would be the primary supplier for that spare part. A maximum of three (3) tenderers were offered a parallel framework agreement on each spare part. If more than three (3) tenderers had submitted an offer for the same spare part DALO would only award the spare part to the three (3) most economically advanteges offers. The order of the cascade were determed based on DALO's evaluation of the offers. After award of the spare parts DALO will purchase the spare parts by way of a direct award. First DALO will submit a purchase order for a specific spare part to the primary supplier. Secondly DALO has the posibility to use the cascade model to place the order at the secondary supplier in case the primary supplier is unable to deliver. Finally DALO can submit the purchase order to the third supplier in case neither the primary og secondary supplier are able to deliver the spare part, as further described in the tender material that were made available to the prequalified tenderers. It was not a requirement for participating in the tender proces that
a tenderer could offer all the listed spare parts in the appendix. Tenderers could freely decide which of the listed spare parts they wanted to submit an offer for. However, in order to be awarded a parallel framework agreement a tenderer must have been awarded a minimum of ten (10) spare parts on the list (e.i. be in top three (3) in the evaluation of at least ten (10) spare parts). If a tenderer after the final evaluation had not been awarded at least ten (10) spare parts DALO would disregard the offer entirely. Spare parts that has not received an offer as well
as other spare parts for the above mentioned military combat and tactical vehicles of the Danish Defence that has not been stated on the list in the appendix may, however, be awarded by way of a light tender procedure (mini-competition) among all the suppliers that have been awarded a parallel framework agreement (e.i. has been awarded at least ten (10) spare parts, c.f. the description above). The award criteria for the light tender procedure was described in further details in the tender material.
Through purchases under a framework agreement the Danish Defence Aquisition and Logistics Organization (DALO) planned to purchase military spare parts for the main part of the fleet of military combat and tactical vehicles of the Danish Defence.
The framework agreements covers the purchase of all military spare parts for military combat and tactical vehicles from the following manufacturers:
— BAE Systems Hägglunds Bandvagn 206 (Bv 206D6);
— BAE Systems Hägglunds CV-9035 DK Infantry Fighting Vehicle (IFV);
— General Dynamics European Land Systems-Mowag GmbH Eagle IV (Eagle IV);
— General Dynamics European Land Systems-Mowag GmbH Piranha 3 (Piranha 3);
— Flensburger Fahrzeugbau Gesellschaft Armored personnel carrier M113 (M113)
— Flensburger Fahrzeugbau Gesellschaft Leopard 1 WISENT (LEO 1);
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg Leopard 1 Bibler Armoured vehicle land bridge (LEO 1 Bibler AVLB)
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg HX (MAN HX);
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg SX (MAN SX);
— Krauss-Maffei Wegmann Leopard 2 (LEO 2);
DALO expect that the vehicles will be used in international military operations, therefore spare parts must be Original Equipment Manufacturer (OEM) spare parts or equivalent quality, i.e. spare parts which are of the same quality as the OEM spare parts used by the vehicle manufacturer for the assembly of the vehicle and maintain the full operational envelope of the vehicle systems. Equivalent quality parts may be produced by another party than the OEM, as further specified in the tender documents. Tenderers who offers non-OEM spare parts had to submit documention, as part of the offer, that the offered spare parts are of equivalent quality as the OEM spare
parts. Tenderers who offered OEM spare parts could at any time during the tender process be asked to document that the offered spare parts are OEM spare parts, if DALO found it relevant.
The main part of the spare parts that DALO intends to purchase in accordance with the ramework agreement were stated in an appendix to the framework agreement. The framework agreement and appendices, including the listed spare parts, were made available to the prequalified tenderers. Some of the military spare parts are repairable and the framework agreement will also included obligation to repair these. DALO can also use the framework agreement to purchase spare parts for the above mentioned vehicles that are not listed in the appendix.
Each listed spare part were evaluated and awarded individually in a cascade model, meaning that the tenderer who submitted the most economically advantageous offer for a spare part would be the primary supplier for that spare part. A maximum of three (3) tenderers were offered a parallel framework agreement on each spare part. If more than three (3) tenderers had submitted an offer for the same spare part DALO would only award the spare part to the three (3) most economically advanteges offers. The order of the cascade were determed based on DALO's evaluation of the offers. After award of the spare parts DALO will purchase the spare parts by way of a direct award. First DALO will submit a purchase order for a specific spare part to the primary supplier. Secondly DALO has the posibility to use the cascade model to place the order at the secondary supplier in case the primary supplier is unable to deliver. Finally DALO can submit the purchase order to the third supplier in case neither the primary og secondary supplier are able to deliver the spare part, as further described in the tender material that were made available to the prequalified tenderers. It was not a requirement for participating in the tender proces that
a tenderer could offer all the listed spare parts in the appendix. Tenderers could freely decide which of the listed spare parts they wanted to submit an offer for. However, in order to be awarded a parallel framework agreement a tenderer must have been awarded a minimum of ten (10) spare parts on the list (e.i. be in top three (3) in the evaluation of at least ten (10) spare parts). If a tenderer after the final evaluation had not been awarded at least ten (10) spare parts DALO would disregard the offer entirely. Spare parts that has not received an offer as well
as other spare parts for the above mentioned military combat and tactical vehicles of the Danish Defence that has not been stated on the list in the appendix may, however, be awarded by way of a light tender procedure (mini-competition) among all the suppliers that have been awarded a parallel framework agreement (e.i. has been awarded at least ten (10) spare parts, c.f. the description above). The award criteria for the light tender procedure was described in further details in the tender material.
Kontrakttype: Varer
Produkter/tjenester: Transportudstyr og transporthjælpemidler📦
Samlet værdi af indkøbsaftalen (ekskl. moms): 180 000 000 DKK 💰
Rammeaftalernes maksimumværdi i denne bekendtgørelse: 180 000 000 DKK 💰
Andre begrænsninger af opfyldelsesstedet: Hvor som helst i det pågældende land
Beskrivelse
Intern ID: 2022/00892
Yderligere oplysninger:
The value set out in the section Award Information of this notice is the total expected value of the 6 awarded parallel framework agreements (120.000.000 DKK) and the total maximum value of the 6 awarded parallel framework agreements (180.000.000 DKK) and thus does not reflect the final value of the agreement, nor is DALO obliged to make purchases corresponding to that value.
Because the agreements include more than 5.000 spare parts that were evaluated and awarded individually it has not been possible to state the lowest or the highest evaluation price here in this contract notice because that would mean that DALO had to list over 5.000 different evaluations.
Also DALO do not at this point know exactly the amount of spare part purchased at the different tenderers in the cascade model or how many light (mini) tender procedures will be performed, and therefore the expected value for each parallel framework agreement is stated at 120.000.000 DKK in the section of this contract notice stating the Results of the tender procedure and the tenders. The maximum value of all the parallel framework agreements wil however not be more than the maximum value of 180.000.000 DKK
The value set out in the section Award Information of this notice is the total expected value of the 6 awarded parallel framework agreements (120.000.000 DKK) and the total maximum value of the 6 awarded parallel framework agreements (180.000.000 DKK) and thus does not reflect the final value of the agreement, nor is DALO obliged to make purchases corresponding to that value.
Because the agreements include more than 5.000 spare parts that were evaluated and awarded individually it has not been possible to state the lowest or the highest evaluation price here in this contract notice because that would mean that DALO had to list over 5.000 different evaluations.
Also DALO do not at this point know exactly the amount of spare part purchased at the different tenderers in the cascade model or how many light (mini) tender procedures will be performed, and therefore the expected value for each parallel framework agreement is stated at 120.000.000 DKK in the section of this contract notice stating the Results of the tender procedure and the tenders. The maximum value of all the parallel framework agreements wil however not be more than the maximum value of 180.000.000 DKK
As a default spare parts must be delivered DAP INCOTERMS 2020 at Supply Chain Division (SCD) of the Danish Defence in Vojens (cf. above), unless otherwise stipulated by the Buyer in the purchase order.
Postadresse: Lilholtvej 4B
Postnummer: 6500
By: Vojens
Land: Danmark 🇩🇰
Sted for udførelsen: Sydjylland
🏙️
Varighed: 7 år Kriterier for tildeling
Pris ✅
Pris (justeringskoefficient): 60
Kvalitetskriterium (navn): Delivery Time
Kvalitetskriterium (vægtning): 40
Titel
Partiets identifikationsnummer: LOT-0000
Procedure Type af procedure
Forhandlet procedure med forudgående indkaldelse af konkurrencer ✅
Retsgrundlag: Direktiv 2009/81/EF
Oplysninger om en rammeaftale eller et dynamisk indkøbssystem
Rammeaftale med flere operatører ✅ Kriterier for tildeling
Vægtningstype: Vægtning (procentdel, præcis)
Tildeling af kontrakt
Der tildeles en kontrakt/et parti ✅
Partiets identifikationsnummer: LOT-0000
Kontraktnummer: General Dynamics European Land Systems - Mowag GmbH - 4600006902
Dato for indgåelse af kontrakten: 2023-11-30 📅
Titel: Parallel framework agreement regarding supply, sustainment and repair of
Military Of The Shelf (MOTS) Spare Parts for the Danish Defence tactical vehicles fleet.
Oplysninger om udbud
Antal bud, der er modtaget ad elektronisk vej: 6
Antal modtagne bud fra SMV'er: 4
Antal modtagne bud fra bydende fra lande uden for EU: 0
Antal modtagne bud fra tilbudsgivere fra andre EU-medlemsstater: 3
Oplysninger om kontraktens/parcellens værdi (ekskl. moms)
Rammeaftalens maksimumværdi: 180 000 000 DKK 💰
Revurderet værdi af rammeaftalen: 120 000 000 DKK 💰
Kontraktens/parcellens samlede værdi: 120 000 000 DKK 💰
Tilbuddet blev rangordnet
Tilbud – Identifikator: 4600006902
ID for delkontrakt eller gruppe af delkontrakter: LOT-0000 Navn og adresse på kontrahenten
Navn: General Dynamics European Land Systems - Mowag GmbH
Nationalt registreringsnummer: CHE108440337
Postadresse: Unterseestrasse 65
Postnummer: 8280
Postby: Kreuzlingen
Region: St. Gallen
🏙️
Land: Schweiz 🇨🇭
Enhed: Christian Niklaus Frehner
E-mail: christian.frehner@gdels.com📧
Telefon: +41716775682📞
URL: https://www.gdels.com/🌏
Den økonomiske operatørs størrelse: Stor virksomhed
Tilbud – Identifikator: 4600006901
Navn: Rheinmetall Landsysteme GmbH
Nationalt registreringsnummer: DE811143812
Postadresse: Heinrich-Ehrhardt-Strasse 2
Postnummer: 29345
Postby: Unterluess
Region: Celle
🏙️
Land: Tyskland 🇩🇪
Enhed: Niklas Leiding
E-mail: niklas.leiding@rheinmetall.com📧
Telefon: +49160938133 85📞
URL: https://www.rheinmetall.com/de/unternehmen/tochtergesellschaften/rheinmetall-landsysteme/ueber-uns🌏
Tilbuddet er et alternativt tilbud ✅
Tilbud – Identifikator: 4600006899
Navn: Suyfa defence s.l.
Nationalt registreringsnummer: ESB84995711
Postadresse: Ronda de Levante s/n
Postnummer: 11130
Postby: Cadiz
Region: Cádiz
🏙️
Land: Spanien 🇪🇸
Enhed: David fernandez garcia
E-mail: dfernandez@suyfadefence.com📧
Telefon: 0034956110293📞
URL: http://suyfa.es/🌏
Den økonomiske operatørs størrelse: Mikrovirksomhed, lille eller mellemstor virksomhed
Tilbud – Identifikator: 4600006898
Navn: Topmark Trading ApS
Nationalt registreringsnummer: 82827617
Postadresse: Aalborgvej 104
Postnummer: 9670
Postby: Løgstør
Region: Nordjylland
🏙️
Land: Danmark 🇩🇰
Enhed: Martin Vonsild
E-mail: topmark@topmark.dk📧
Telefon: +4596780098📞
URL: https://topmark.dk/🌏
Tilbud – Identifikator: 4600006897
Navn: United Mlilitary Services A/S
Nationalt registreringsnummer: 35243305
Postadresse: Virkelyst 1
Postnummer: 4420
Postby: Regstrup
Region: Østsjælland
🏙️
Enhed: Philip West-Hald
E-mail: pwh@ums.as📧
Telefon: +4531624663📞
URL: https://ums.as/🌏
Tilbud – Identifikator: 4600006896
Navn: Willbrandt Gummiteknik A/S
Nationalt registreringsnummer: DK17264044
Postadresse: Grønlandsgade 9
Postnummer: 4690
Postby: Haslev
Enhed: Johnny Frank Anekjær
E-mail: jfa@willbrandt.dk📧
Telefon: +4520495687📞
URL: https://www.willbrandt.dk/🌏
Ordregivende myndighed Navn og adresser
Navn: Danish Ministry of Defence Acquisition and Logistics Organisation
Nationalt registreringsnummer: ORG-16-28-71-80
Postadresse: Lautrupbjerg 1-5
Postnummer: 2750
Postby: Ballerup
Region: Københavns omegn
🏙️
Land: Danmark 🇩🇰
Enhed: Thomas Bertelsen
E-mail: fmi-sd-la12@mil.dk📧
Telefon: +45 72814265📞
URL: https://www.fmi.dk🌏 Den ordregivende myndigheds type
Køberens kontraherende type: Køberen er en ordregiver
Kommunikation
Yderligere omfattede købere:
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 for procurement on the terms and conditions of the agreement.
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 for procurement on the terms and conditions of the agreement.
Supplerende oplysninger Yderligere oplysninger
The value set out in the section Award Information of this notice is the total expected value of the 6 awarded parallel framework agreements (120.000.000 DKK) and the total maximum value of the 6 awarded parallel framework agreements (180.000.000 DKK) and thus does not reflect the final value of the agreement, nor is DALO obliged to make purchases corresponding to that value.
Because the agreements include more than 5.000 spare parts that were evaluated and awarded individually it has not been possible to state the lowest or the highest evaluation price here in this contract notice because that would mean that DALO had to list over 5.000 different evaluations.
Also DALO do not at this point know exactly the amount of spare part purchased at the different tenderers in the cascade model or how many light (mini) tender procedures will be performed, and therefore the expected value for each parallel framework agreement is stated at 120.000.000 DKK in the section of this contract notice stating the Results of the tender procedure and the tenders. The maximum value of all the parallel framework agreements wil however not be more than the maximum value of 180.000.000 DKK
The value set out in the section Award Information of this notice is the total expected value of the 6 awarded parallel framework agreements (120.000.000 DKK) and the total maximum value of the 6 awarded parallel framework agreements (180.000.000 DKK) and thus does not reflect the final value of the agreement, nor is DALO obliged to make purchases corresponding to that value.
Because the agreements include more than 5.000 spare parts that were evaluated and awarded individually it has not been possible to state the lowest or the highest evaluation price here in this contract notice because that would mean that DALO had to list over 5.000 different evaluations.
Also DALO do not at this point know exactly the amount of spare part purchased at the different tenderers in the cascade model or how many light (mini) tender procedures will be performed, and therefore the expected value for each parallel framework agreement is stated at 120.000.000 DKK in the section of this contract notice stating the Results of the tender procedure and the tenders. The maximum value of all the parallel framework agreements wil however not be more than the maximum value of 180.000.000 DKK
Gennemgå organ
Navn: Klagenævnet for Udbud
Nationalt registreringsnummer: ORG-37795526
Region: Vestjylland
🏙️
Enhed: Klagenævnet for Udbud
URL: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/🌏 Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Nationalt registreringsnummer: ORG-10294819
Region: Byen København
🏙️
Land: Danmark 🇩🇰
Enhed: Konkurrence- og Forbrugerstyrelsen
E-mail: kfst@kfst.dk📧
URL: https://www.kfst.dk🌏 Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
Pursuant to section 7(2) of the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply:
1) Forty-five calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.
2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.
3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2), or section 171(4) of the Public Procurement Act.
The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 3(1) or (2). In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1).
The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.
Præcise oplysninger om fristerne for gennemgangsprocedurer
Pursuant to section 7(2) of the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply:
1) Forty-five calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.
2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.
3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2), or section 171(4) of the Public Procurement Act.
The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 3(1) or (2). In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1).
The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.