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Satellite-related communications equipment (Дания - Тендер #46537276) | ||
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Страна: Дания (другие тендеры и закупки Дания) Организатор тендера: Danish Ministry of Defence Acquisition and Logistics Organisation Номер конкурса: 46537276 Дата публикации: 29-09-2023 Источник тендера: Единая система закупок Европейского союза TED |
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29/09/2023 S188
Denmark-Ballerup: Satellite-related communications equipment
2023/S 188-585393
Contract notice
Supplies
Section I: Contracting authority/entity
I.1)Name, addresses and contact point(s)
Official name: Danish Ministry of Defence Acquisition and Logistics Organisation
Postal address: Lautrupbjerg 1-5
Town: Ballerup
Postal code: 2750
Country: Denmark
Contact person: Christian Damsgaard Kristensen
E-mail: fmi-sd-acv04@mil.dk
Telephone: +45 51648769
Internet address(es):
General address of the contracting authority/entity:
Electronic access to information:
Electronic submission of tenders and requests to participate:
Further information can be obtained from:
The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact
point(s)
Tenders or requests to participate must be sent to:
The above mentioned contact point(s)
I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities/entities
The contracting authority is purchasing on behalf of other contracting authorities: no
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Supply and sustainment of iDirect hardware and software
II.1.2)Type of contract and location of works, place of delivery or of
performance
Supplies
Purchase
Purchase
NUTS code DK0 Danmark
II.1.3)Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator
Justification for a framework agreement, the duration of which exceeds seven years: It is DALO"s assesment that there is a limited opportunity for exposing the framework agreement for competition at a later moment, and that DALO will risk ending up in a sole supplier situation, before DALO"s kapacity of iDirect equipment has to be replaced on an overall level, if the duration of the agreement is not set at potentially 12 years.
Duration of the framework agreement
Duration in years: 12Justification for a framework agreement, the duration of which exceeds seven years: It is DALO"s assesment that there is a limited opportunity for exposing the framework agreement for competition at a later moment, and that DALO will risk ending up in a sole supplier situation, before DALO"s kapacity of iDirect equipment has to be replaced on an overall level, if the duration of the agreement is not set at potentially 12 years.
Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT: 2200000 EUR
II.1.5)Short description of the contract or purchase(s):
In order to ensure sustained operation (24 hours a day, 365 days a year) of the iDirect equipment, DALO wishes to establish a framework agreement covering
the supply and sustainment of iDirect hardware and software, including licenses, training, audit, support, etc.. The framework agreement shall ensure that DALO can acquire the
necessary iDirect hardware, software, and support to operate our iDirect equipment.
II.1.6)Common procurement vocabulary (CPV)
32530000 Satellite-related communications equipment, 32531000 Satellite communications equipment, 32552410 Modems, 32570000 Communications equipment, 32571000 Communications infrastructure
II.1.7)Information about subcontracting
The tenderer has to indicate any change occurring at the level of subcontractors during the execution of the contract
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Estimated value excluding VAT: 2200000 EUR
II.2.2)Information about options
Options: yes
Description of these options: The Agreement shall expire without notice 7 years after commencement. In addition to this, DALO shall be entitled to renew the agreement on the same terms for two continous periods for a total of 5 years, the first period for 3 years, and the second period for 2 years.
Description of these options: The Agreement shall expire without notice 7 years after commencement. In addition to this, DALO shall be entitled to renew the agreement on the same terms for two continous periods for a total of 5 years, the first period for 3 years, and the second period for 2 years.
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: Range: between 36 and 60
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 36 (from the award of the contract)
Number of possible renewals: Range: between 36 and 60
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 36 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Section III: Legal, economic, financial and technical information
III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the
relevant provisions governing them:
Reference is made to the procurement documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public
payments. At present, this is Danish consolidation act. no. 798 of June 2007 which requires invoicing to be done electronically. Exact terms will be stated in the
contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the
contract is to be awarded:
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.
III.1.4)Other particular conditions to which the performance of the contract is
subject, in particular with regard to security of supply and security of 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 pro-curement of the framework agreement the risk profile is assessed to the following follow-up action (risk level): C
Reference is made to appendix B and appendix B.1 for further information.
DALO demands that the supplier at company level must possess the appropriate facility security clearance at HEMMELIGT (HEM or the equivalent English-language classification SECRET (including EU and NATO SECRET). The security clearance must be maintained throughout the term of the framework agreement. For further details see the framework agreement, Appendix J.
DALO demands that any person taking part in the performance of the framework agreement must possess the appropriate personnel security clearance at HEMMELIGT (HEM or the equivalent English-language classification SECRET (including EU and NATO SECRET). The security clearance must be maintained throughout the term of the framework agreement. For further details see the framework agreement, Appendix J.
It is the candidate’s own responsibility to obtain the security clearance required to perform the framework agreement.
Reference is made to appendix B and appendix B.1 for further information.
DALO demands that the supplier at company level must possess the appropriate facility security clearance at HEMMELIGT (HEM or the equivalent English-language classification SECRET (including EU and NATO SECRET). The security clearance must be maintained throughout the term of the framework agreement. For further details see the framework agreement, Appendix J.
DALO demands that any person taking part in the performance of the framework agreement must possess the appropriate personnel security clearance at HEMMELIGT (HEM or the equivalent English-language classification SECRET (including EU and NATO SECRET). The security clearance must be maintained throughout the term of the framework agreement. For further details see the framework agreement, Appendix J.
It is the candidate’s own responsibility to obtain the security clearance required to perform the framework agreement.
III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation
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.
Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and section 134 a of The Public Procurement Act, and (2) to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security con-tributions 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. 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.
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.
III.2.2)Economic and financial ability
Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least EUR 12.000.000 in each of the last 2 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last 2 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate’s annual turnover and the entity or entities’ annual turnover in each of the last 2 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.
Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)
Information and formalities necessary for evaluating if the requirements are met: Annual reports or excerpts hereof or other documentation stating the candidate’s annual turnover for the last 2 financial years, if publication of annual reports is required under the law of the country in which the candidate is established, and to the extent such information is available.Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least EUR 12.000.000 in each of the last 2 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last 2 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate’s annual turnover and the entity or entities’ annual turnover in each of the last 2 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.
III.2.3)Technical and/or professional capacity
A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) years prior to the dead-line for the request to participate.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the services and supplies carried out within the past 5 (five) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the services and supplies has not been carried out within the past 5 (five) years or if a part of the services and supplies has not been completed at the time of the dead-line for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate/tenderer clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years.
The list should preferably include a short description of each delivery. The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the services and supplies, described in section II.1.5, in regards to the lot or lots which the candidate has requested to participate. The description should also including a description of the candidates participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the size/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 5 previous deliveries, whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 5, DALO will pick the most relevant deliveries for the evaluation of the candidates abilities in the pre-qualification.
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.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum two similar deliveries within the past 5 years, prior to the deadline for the request to participate. A “similar delivery” shall be understood as supply and sustainment of iDirect hardware and software to an entity similar to DALO.
Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)
Information and formalities necessary for evaluating if the requirements are met:A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) years prior to the dead-line for the request to participate.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). If the delivery in question is ongoing, it is only the part of the services and supplies carried out within the past 5 (five) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the services and supplies has not been carried out within the past 5 (five) years or if a part of the services and supplies has not been completed at the time of the dead-line for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the candidate/tenderer clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years.
The list should preferably include a short description of each delivery. The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the services and supplies, described in section II.1.5, in regards to the lot or lots which the candidate has requested to participate. The description should also including a description of the candidates participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the size/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 5 previous deliveries, whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 5, DALO will pick the most relevant deliveries for the evaluation of the candidates abilities in the pre-qualification.
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.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with as a minimum two similar deliveries within the past 5 years, prior to the deadline for the request to participate. A “similar delivery” shall be understood as supply and sustainment of iDirect hardware and software to an entity similar to DALO.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no
Section IV: Procedure
IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
IV.1.2)Limitations on the number of operators who will be invited to tender or to
participate
Envisaged number of operators 3
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases de-scribed in section II.1.5) above. In the evaluation, DALO will take into account the nature and quantity of the previous deliveries. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases de-scribed in section II.1.5) above. In the evaluation, DALO will take into account the nature and quantity of the previous deliveries. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2)Award criteria
IV.2.1)Award criteria
Lowest price
IV.2.2)Information about electronic auction
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or
descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
30.10.2023 - 13:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected
candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English. Danish.
Section VI: Complementary information
VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information:
Regarding section II.2.1): The estimated value of the framework agreement is EUR 2.200.000 and the maximum value of the framework agreement is EUR 6.500.000.
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.
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 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/tenderer and each of the legal entities whose economic and financial capacities the candidate/tenderer relies on undertake joint and several liability for the performance of the contract.
Candidates are asked to submit their request to participate via ETHICS. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. The permalink is stated in section I.1).
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or 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.
Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions.
If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process.
DALO has uploaded a template which must be used as a statement. The template is included in the abovemen-tioned 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.
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.
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 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/tenderer and each of the legal entities whose economic and financial capacities the candidate/tenderer relies on undertake joint and several liability for the performance of the contract.
Candidates are asked to submit their request to participate via ETHICS. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via ETHICS. The permalink is stated in section I.1).
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or 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.
Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions.
If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process.
DALO has uploaded a template which must be used as a statement. The template is included in the abovemen-tioned 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 .
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 pro-cess 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 establish-ment and ownership.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
Official name: Klagenævnet for udbud (The Complaints Board for Public Procurement)
National registration number: Nævnenes Hus
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address:
VI.4.2)Lodging of appeals
Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:
1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union. 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 re-opening of competition or a dynamic purchasing system, provided that the notification includes an ac-count of the reasons 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 simultane-ously 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).
Precise information on deadline(s) for lodging appeals: Pursuant to the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Pro-curement (available at ), the following time limits for filing a complaint apply:
Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Pub-lic Procurement within 20 calendar days starting the day after the contracting authority has sent notifica-tion to the candidates involved, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, pro-vided 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 Journal 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 re-opening of competition or a dynamic purchasing system, provided that the notification includes an ac-count of the reasons 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 simultane-ously 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).
VI.4.3)Service from which information about the lodging of appeals may be
obtained
Official name: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address:
VI.5)Date of dispatch of this notice:
25.9.2023
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