Retender - Job and Safety Footwear

Kort beskrivelse

The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) wishes to renew the contract concerning all footwear, work and safety shoes as well as care products, shoelaces, inner soles, gaiters, icepicks, isolated overboots etc. The tender procedure concerns the award of a Framework Agreement and Appendices hereto regarding job- and safety footwear and also includes a fitting service.

The Tender must provide all types of footwear for work in all kinds of weather. It is necessary for the Tender to provide a wide assortment of shoes and working shoes in different widths and generally with the possibility to change insoles. This is to ensure that all kinds of feet, (men and women) can fit the footwear.

Yderligere oplysninger

In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a candidate or tenderer that is subject to the ground for exclusion.

The voluntary exclusion ground regarding bankruptcy, section 137(1), para (2) Danish Public Procurement Act does apply for this tender. It is stressed, however, that none of the other voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act apply for this procurement, irrespective of whether the text in this Contract Notice (which is system-generated) may suggest this.

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

The agreement is not divided into lots since a division of the agreement will undermine the economies of scale obtainable by one agreement.

It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. 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 operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership.

As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not submitted or is inadequate, the tenderer cannot be taken into consideration for the framework agreement and may be excluded from participation in the procurement process. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, see sections "Conditions of performance". In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the electronic tender system) which must be used as declaration.

Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities.

DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act.

Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act.

DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement.

The estimated value of the framework agreement is DKK 40.000.000, and the maximum value of the agreement is DKK 100.000.000. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, including in particular uncertainty about specific deployments and mission areas, which is not possible to foresee for the entire span of the agreement, as well as the possibility of more employees and conscripts in the coming years. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significantly larger expenditure under the agreement than what is expected at the moment.

Note, that the procurement documents are in English. However, it is permissible to submit offers in either Danish or English.

Hovedpunkterne i proceduren

As part of its offer, the tenderer must submit the European Single Procurement Document (ESPD).

Please note that a tenderer may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor), irrespective of the legal nature of the relations between the tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer must ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer’s own ESPD. The ESPD of the entity or entities in question must include equivalent information.

A tenderer may only submit one offer.

The tenderer and, if relevant, the participants in the group of entities and/or entities on which the tenderer relies, must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the mandatory exclusion grounds set out in sections 135 and 136 of the Danish Public Procurement Act, or the exclusion grounds set out in section 137(1), para (2) of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements.

It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. Any entities relied on must also sign the ESPD.

If a tenderer relies on the capacity of other entities, see the section "Economic and financial standing", the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot take into account the economic and financial standing and/or the technical and professional capacity of such entity or entities. DALO has prepared a template (available in the electronic tender system) to be used to confirm the legal obligation.

Beskrivelse

No later than 1 year after the Commencement of the Agreement, the supplier must, upon request from DALO, at any time be able to provide services with an employee who possess a security clearance of the level of RESTRICTED issued by the Danish Defence Intelligence Service or a personnel security clearance at minimum a corresponding level issued by the national security authority responsible for defence and security in a country which has a security agreement with Denmark. See Appendix A for further information.

By “security agreement” is understood an agreement regarding mutual protection of classified information. Potential candidates may contact the national security authority responsible for defence security in the country where they are domiciled for information on whether a security agreement between Denmark and the country in question exists.

It is the candidate’s own responsibility to obtain the personnel security clearances required to perform the agreement. Further information on the requirements regarding security clearances will be provided in the tender documents.

Liste og kortfattet beskrivelse af udvælgelseskriterier

Financial ratio: Concerning the financial ratios specified in the relevant notice, the procurement documents or the ESPD, the economic operator declares that the actual values for the required ratios are as follows:

The equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last financial year available.

The tenderer must have a positive equity ratio the last financial year available.

The tenderer and other entities, if any, must state the 1) equity, 2) total assets and 3) equity ratio as key figures in the ESPD. The equity and total assets must be stated in DKK.

If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio will be calculated by dividing the sum of the equities of all participants with the sum of the total assets of all participants (the sum of equities/the sum of total assets x 100) in the last financial year available.

If the tenderer relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity ratio will be calculated by dividing the sum of the tenderer’s and the entity’s/entities’ equity with the sum of the tenderer’s and the entity’s/entities’ total assets (the sum of equities/the sum of total assets x 100) in the last financial year available.

Upon request from DALO, the tenderer must submit the following documentation:

Annual report or excerpts thereof or other documentation stating the tenderer’s equity and total assets at the end of the last financial year available if publication of annual reports is required under the law of the country in which the tenderer is established. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the documentation must also be provided for each such entity or entities.

Betingelser for opfyldelse af kontrakten

The agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to the tender documents for further information. In the procurement of the agreement, the risk profile is assessed to the following follow-up action (risk level): B.

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.

In addition, a range of municipal fire and rescue services are entitled to use the agreement. See the tender documents in which these entities entitled to use the agreement are listed.

Yderligere oplysninger

In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a candidate or tenderer that is subject to the ground for exclusion.

The voluntary exclusion ground regarding bankruptcy, section 137(1), para (2) Danish Public Procurement Act does apply for this tender. It is stressed, however, that none of the other voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act apply for this procurement, irrespective of whether the text in this Contract Notice (which is system-generated) may suggest this.

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

The agreement is not divided into lots since a division of the agreement will undermine the economies of scale obtainable by one agreement.

It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. 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 operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership.

As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not submitted or is inadequate, the tenderer cannot be taken into consideration for the framework agreement and may be excluded from participation in the procurement process. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, see sections "Conditions of performance". In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the electronic tender system) which must be used as declaration.

Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities.

DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act.

Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act.

DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement.

The estimated value of the framework agreement is DKK 40.000.000, and the maximum value of the agreement is DKK 100.000.000. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, including in particular uncertainty about specific deployments and mission areas, which is not possible to foresee for the entire span of the agreement, as well as the possibility of more employees and conscripts in the coming years. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significantly larger expenditure under the agreement than what is expected at the moment.

Note, that the procurement documents are in English. However, it is permissible to submit offers in either Danish or English.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Pursuant to 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) 45 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 an agreement. 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 an agreement 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).

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 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal be granted suspensory effect, see section 12(1).

The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.