Public procurement notice: Contract Award Notice
Published: 2022-05-17
Buyer: Danish Defence Acquisition and Logistics Organisation
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35113200 | 38000000 | 38432000 | 38433000
Estimated value: 4000000 DKK
Award criteria: The most economic tender

Technical requirements: This tender concerns the acquisition  and sustainment of FTIR instruments for the Danish Ministry of Defence. DALO wishes to enter into a framework agreement that covers both the acqisition of instruments as well as sustainment of these by delivery of spare parts, consumables and services.
The FTIR instruments will be used by the Danish Defence and the Danish Emergency Management Agency (DEMA) to identify a wide range of different chemical compounds as part of the emergency prepardness.  The framework agreement covers both the acquisition of the instruments and the delivery of spare parts, consumables and services in connection with keeping the instruments operational. The framework agreement regarding the acquisition of FTIR instruments has a duration of 4 years and for the sustainment of the instrument (spare parts, consumables and services) has a duration of 10 years.
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.
Regarding section II.1.5): The estimated value of the framework agreement is 4 mio. DKK and the max. value of the framework agreement is 5,5 mio. DKK. 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 exactly how extensively the deliverables of the framework agreement will be distributed in the Danish Defence. If decision is made that the deliverables in question shall be utilized by more groups of personnel than what is actually decided for now, this will lead to a significant larger expenditure on the framework agreement than what is expected at the moment.
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 https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.
The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act The tenderer and, if relevant, the participants in the group of entities the tenderer relies on, must use the electronic version of the ESPD available at ETHICS’ web portal. The ESPD shall be fulfilled and submitted at ETHICS’  in accordance with the instructions given by ETHICS. If the tenderer is a group of entities (consurtiums), each participant’s ESPD document must be signed by the participant in question. It is not necessary for the participant submitting the tender to sign his ESPD document.
Prior to decision on award of the contract, DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act. DALO shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please
note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.
If the same legal entity is a part of or in any other way participates in several offers, e.g. submits his own offer and at the same time participates in a consortium which also submits an offer, the tenderers shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their offers.
DALO reserves the right to request the tenderers to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.The framework agreement is not divided into lots on the grounds that a division of the contract would entail disproportionate costs due to subsequent contract administration.
DALO does not provide remuneration for the participants in the tender. DALO reserves the right – but is not obliged – to use the remedies provided for in Section 159(5) of the the Public Procurement Act if applications or offers do not fulfil the formalities of the tender documents
Pursuant to the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement  Act, which does not concern a candidate not being invited to tender, 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 reopening of competition or a dynamic purchasing system, provided that the notification includes an account of the reasons for the decision.


Winner: NORAD A/S
Award value: 4000000
Number of bids: 2