Headwear for the Danish Defence

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.

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, irrespective of whether the text in (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.

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 34.000.000 DKK, and the maximum value of the agreement is 70.000.000 DKK. 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 exactly how extensively the deliverables under the agreement will be distributed in the Danish Defence. If it is decided that the deliverables in question are to be used by more groups of personnel than what is actually decided for now, this will lead to a significantly larger expenditure under the agreement than what is expected at the moment. The offer shall be in the language english or danish.

Tildeling: Price 50 %, Quality 50 %.

DALO will calculate an evaluation-based price.

This criterion will be evaluated based on the Tender's compliance with the evaluation requirements.

Varighed: 4 år.

Rammeaftalens maksimale værdi: 70 mio. kr.

Krav til tilbudsgiver:

The tenderer must have an positive equity ratio in each of the last 3 financial years available. 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. 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 tenderer must have an 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 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 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 or other documentation 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. 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.