Public procurement notice: Contract Notice
Published: 2020-05-27
Buyer: Danish Defence Acquisition and Logistics Organization
Country: DK
Contract type: Supplies
Procedure: Open procedure
CPV classification: 34730000: Aircraft engines and equipment | 34731700 | 34740000
Estimated value: 6500000 DKK
Submission deadline: 2020-06-30
Award criteria: The most economic tender

Technical requirements: This framework agreement concerns the acquistion of cartridges for the fire extinguisher system and flotation gear on the EH101 Merlin helicopter in The Royal Danish Air Force (RDAF).The purpose of this Agreement is to supply the RDAF with 2 (two) types of cartridges for the fire extinguisher system and 1 (one) type of cartridge for the flotation gear, to sustain operation of all EH101 Merlin helicopters.
The framework agreement is not divided into lots on the grounds that a division of the contract would undermine the economies of scale obtainable by procuring one contract.
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.
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 electronic invoicing. Exact terms are 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 shall 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 (CSR) and it contains a labour clause, please see Appendix B for further information.
Regarding section II.1.5): The estimated value of the framework agreement is DKK 4-6,5 mio. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreement. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreement at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreement in its duration.
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 or/and entities on which 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’ web portal in accordance with the instructions given by ETHICS.
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.
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 timelimit 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.


Award value: 6500000