Acquisition and support of Drone Remote ID (DRID) sensors

Yderligere oplysninger

It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement.

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 not ensure sufficient competition in the current market.

It is DALO’s assessment that the conclusion of the agreement may be subject to a permit requirement according to the Investment Screening Act (Act No. 842 of 10 May 2021, as amended). For further information in that regard, see the Instructions to Tenderers.

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. In this connection, DALO reserves the right, at any time during the tender process, to let the [enderer 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.

Any questions regarding the request to participate must be submitted through the electronic tender system. Questions will be anonymised, and the answers will be posted in the electronic tender system.

Questions received within the deadline stated in will be answered by DALO no later than 6 days before the deadline for request to participate. However, questions received later than the deadline in will be answered unless the nature of the question makes it disproportionately onerous for DALO to answer six days before the deadline for request to participate. Answers to questions received later than 6 days before the deadline af the request to participate cannot be expected.

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 EUR 8.026.000, and the maximum value of the agreement is EUR 27.000.000. 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, which is not possible to foresee for the entire span of the agreement. 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.

The tenderer may submit the offer/documents in either English or Danish.

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.

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 exclusion grounds set out in sections 135 and 136 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 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.

Liste og kortfattet beskrivelse af regler og kriterier

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 3 financial years available.

The tenderer must have a positive equity ratio in each of the last 3 financial years 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 EUR.

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 each of the last 3 financial years 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 each of the last 3 financial years available.

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

Annual reports or excerpts thereof stating the tenderer’s equity and total assets at the end of the last 3 financial years available if publication of annual reports is required under the law of the country in which the tenderer is established, and the information can be deduced from such an annual report. If not, the equity and the total assets must be documented by a self-declaration from the tenderer. 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.

If the tenderer relies on the educational or professional qualifications, or professional experience, of another entity or other entities in relation to the performance of specific aspects of the services in the agreement in regard to which the tenderer has submitted offer, the specific aspects of such services must be performed by the entity or entities on which the tenderer relies.

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.

The agreement includes requirements about information security.

Yderligere omfattede købere

The agreement will be concluded 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, the Danish Emergency Management Agency is entitled to use the agreement, see also the tender documents.

Yderligere oplysninger

It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement.

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 not ensure sufficient competition in the current market.

It is DALO’s assessment that the conclusion of the agreement may be subject to a permit requirement according to the Investment Screening Act (Act No. 842 of 10 May 2021, as amended). For further information in that regard, see the Instructions to Tenderers.

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. In this connection, DALO reserves the right, at any time during the tender process, to let the [enderer 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.

Any questions regarding the request to participate must be submitted through the electronic tender system. Questions will be anonymised, and the answers will be posted in the electronic tender system.

Questions received within the deadline stated in will be answered by DALO no later than 6 days before the deadline for request to participate. However, questions received later than the deadline in will be answered unless the nature of the question makes it disproportionately onerous for DALO to answer six days before the deadline for request to participate. Answers to questions received later than 6 days before the deadline af the request to participate cannot be expected.

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 EUR 8.026.000, and the maximum value of the agreement is EUR 27.000.000. 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, which is not possible to foresee for the entire span of the agreement. 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.

The tenderer may submit the offer/documents in either English or Danish.

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.