Public procurement notice: Contract Notice
Published: 2021-10-13
Buyer: Danish Defence Acquisition and Logistics Organization
Country: DK
Contract type: Supplies
Procedure: Restricted procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35800000: Individual equipment and supplies | 35810000: Individual equipment | 35815000
Estimated value: 20000000 DKK
Submission deadline: 2021-11-15
Award criteria: The most economic tender

Technical requirements: This contract notice concerns the Danish Defence Acquisition and Logistics Organization (DALO) of a Framework Agreement for acquisition of protective Ballistic Underpants (hereafter BU).  The BU will be used by deployed solidiers as a part of the combat uniform system and in conjunction with other personal protection equipment to reduce the severity of injuries from fragments. The purpose of the BU is to protect the soldiers from blast effects from e.g. improvised explosive devices and thereby help to maintain the soldiers’ combat efficiency.
The BU will be used next to skin in all weather conditions in all parts of the world during military tasks and shall meet military standards, including methods of NATO STANAG 2920  addressing the use of the reinforcement material.
The BU  will be used both by women and men and must be supplied in standard sizes as well as specific measures (custom made).
The estimated value of the framework agreement is 12 mio. and the maximum value of the framework agreement is 20 mio. 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.
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.
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.
The framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Appendix B for further information.
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 (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 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.
Annual reports or excerpts hereof or other documentation stating the candidate's equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available.
The candidate must have had an equity ratio of at least 15 percent for each the last 3 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100).
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.

Eligibility requirements: Annual reports or excerpts hereof or other documentation stating the candidate's equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available.
The candidate must have had an equity ratio of at least 15 percent for each the last 3 financial years. The equity ratio is calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100). - If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available. - If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 3 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.

Award value: 20000000