Public procurement notice: Contract Notice
Published: 2023-09-20
Buyer: Danish Ministry of Defence Acquisition and Logistics Organisation
Country: DK
Contract type: Supplies
Procedure: Restricted procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35322000: Artillery | 35332000
Estimated value: 5900000 EUR
Submission deadline: 2023-10-23
Award criteria: The most economic tender

Technical requirements: DALO is preparing a tender on the aquisition of 2000 propelling charges and Target projectiles for 127-mm (5 ") naval guns.
The contract 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 contract/framework agreement the risk profile is assessed to the following follow-up action (risk level: B). Further information regarding the requirements and follow-up actions is available on DALO’s webpage and will be described in the tender material.Reference is also made to section VI.3.
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) or art. 39(2), para d, of the Defence and Security Directive (2009/81/EC) and section 134 a of The Pub-lic Procurement Act, 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 ten-derer is encouraged – but not obliged - to use it. If the tenderer is composed of a group of entities (e.g. con-sortium), 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 over-due 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 relia-ble, 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.
A list of the most important similar deliveries (references), cf. section II.1.5) [in regards to the lot or lots which the candidate has requested to participate], carried out within the past 50 (fifty) 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 if the minimum requirement for suitability stated below is fulfilled/ which candi-date 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 / supplies] [carried out within the past 50 (fifty) years and] com-pleted 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/supplies] has not been [carried out within the past 50 (fifty) years or if a part of the [services/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 re-gard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out [within the past 50 (fifty) 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 / 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), and [evt. andre forhold, som man gerne ser omtalt på referencelisten]. 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 de-livery 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 (five) 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 tech-nical and professional capacity of other entities. If the list contains more than 5 (five), DALO will only consider the first 5 (five) deliveries on the list. Delive-ries beyond that will be disregarded. Please note that a candidate may rely on the technical and professional capacity of other entities (e.g. a par-ent 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.
The limitation of candidates will be based on an evaluation of those candidates that have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) [in regard to the lot or lots in respect of which the candidate has requested to participate] above. In the evalua-tion, 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.
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. Regarding section IV.3.6): The request to participate shall be in the language stated in section IV.3.6), how-ever, the candidate/tenderer can provide the following requested documentation Appendix A-E and Special Appendix 1-7 in English.
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). /The questionnaire is available upon request from the contact point stated in section I.1) above.
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 tender-ers. 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. DALO demands that the candidate/tenderer and each of the legal entities whose economic and financial ca-pacities the candidate/tenderer relies on undertake joint and several liability for the performance of the contract.  A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above. Attention is drawn to Article 5k in Regulation (EU) No 833/2014, as amended, which applies for the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Rus-sian 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 candi-dates/tenderers prove that they are not covered by the prohibition, for example by requiring a declaration to this effect and/or 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 Pro-curement (available at www.retsinformation.dk), 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).

Eligibility requirements: N/A
A list of the most important similar deliveries (references), cf. section II.1.5) [in regards to the lot or lots which the candidate has requested to participate], carried out within the past 50 (fifty) 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 if the minimum requirement for suitability stated below is fulfilled/ which candi-date 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 / supplies] [carried out within the past 50 (fifty) years and] com-pleted 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/supplies] has not been [carried out within the past 50 (fifty) years or if a part of the [services/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 re-gard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out [within the past 50 (fifty) 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 / 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), and [evt. andre forhold, som man gerne ser omtalt på referencelisten]. 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 de-livery 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 (five) 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 tech-nical and professional capacity of other entities. If the list contains more than 5 (five), DALO will only consider the first 5 (five) deliveries on the list. Delive-ries beyond that will be disregarded. Please note that a candidate may rely on the technical and professional capacity of other entities (e.g. a par-ent 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. N/A
A list of the most important similar deliveries (references), cf. section II.1.5) [in regards to the lot or lots which the candidate has requested to participate], carried out within the past 50 (fifty) 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 if the minimum requirement for suitability stated below is fulfilled/ which candi-date 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 / supplies] [carried out within the past 50 (fifty) years and] com-pleted 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/supplies] has not been [carried out within the past 50 (fifty) years or if a part of the [services/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 re-gard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out [within the past 50 (fifty) 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 / 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), and [evt. andre forhold, som man gerne ser omtalt på referencelisten]. 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 de-livery 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 (five) 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 tech-nical and professional capacity of other entities. If the list contains more than 5 (five), DALO will only consider the first 5 (five) deliveries on the list. Delive-ries beyond that will be disregarded. Please note that a candidate may rely on the technical and professional capacity of other entities (e.g. a par-ent 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.

Award value: 5900000