Public procurement notice: Contract Award Notice
Published: 2022-12-21
Buyer: Danish Defence Acquisition and Logistics Organisation
Country: DK
Contract type: Supplies
Procedure: Competitive procedure with negotiation
CPV classification: 18000000 | 18900000 | 18920000 | 18930000
Award criteria: The most economic tender

Technical requirements: The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) and the Danish Emergency Management Agency (DEMA) are putting acquisition of various Transport bags, Sport bag, Duffel bag and Waterproof bags, up for a tender. The transport bags are most probably developed and tested as they are already found in leading outdoor-, travel- and sports shops.
This tender procedure concerns the award of a Framework Agreement (hereafter Contract) and Appendices (hereafter Appendices) for deliverables for personnel in the Armed Forces, the Home Guard and the Danish Emergency Management Agency (DEMA) for bags for transport of uniforms and one-man personell equipment, to and from mission areas, sailing and exercises, etc., as well as travel bags in connection with business trips and other training, both nationally and internationally. The transport bags are not seen tactically and operationally used.
DALO will  place an initial order after the codification has been completed  in the following styles/quantities:
10.000 pcs. of the Transport bag fulfilling the requirements of Appendix A.4, and shortly described in Framework Agreement, clause 3.2.
The Contract 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 Contract.
The reason for the termination is that DALO has identified a failure in the tendering material which has led to a lack of competition as described in the tender material, where DALO will choose a number of candidates based on the candidate’s size for the purpose of achieving the best possible competition. It is DALO’s intention to choose: -up to 5 candidates which are micro or small enterprises (group 1) and up to 2 candidates which are medium-sized or large enterprises (group 2). The number of candidates assigned to each group is based on a market survey that DALO has conducted. If the candidate relies on the economic and financial standing or technical and/or professional capacity of an entity or entities, the candidate’s data will likewise be calculated as the sum of all the entities’ including the candidate’s data, when determining which group of enterprise a candidate is defined as. Unfortunately, the segmentation model DALO has published does not ‘fit’ the actual competition, as realized when DALO received the applications for prequalification.and as a result the competition vanished.
Complaints regarding a candidate not being prequalified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on The Complaints Board for Public Procurement, provided 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 reopening of competition or a dynamic purchasing system, provided that the notification includes an account of the reasons for the decision.
3) 6 months after the contracting authority has entered into the framework agreement, calculated starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the reasons for the decision.
4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.
The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously 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).