Public procurement notice: Contract Notice
Published: 2022-07-05
Buyer: Danish Ministry of Defence Acquisition and Logistics Organisation
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 34000000 | 34100000 | 34200000 | 34300000
Estimated value: 120000000 DKK
Submission deadline: 2022-08-16
Award criteria: The most economic tender

Technical requirements: Through purchases under a framework agreement the Danish Defence Aquisition and Logistics Organization (DALO) is planning to purchase military spare parts for the main part of the fleet of military combat and tactical vehicles of the Danish Defence.
The framework agreements covers the purchase of all military spare parts for military combat and tactical vehicles from the following manufacturers:
— Rheinmetall Maschinenfabrik Augsburg-Nürnberg Leopard 1 Bibler Armoured vehicle land bridge (LEO 1 Bibler AVLB)
DALO expect that the vehicles will be used in international military operations, therefore spare parts must be Original Equipment Manufacturer (OEM) spare parts or equivalent quality, i.e.spare parts which are of the same quality as the OEM spare parts used by the vehicle manufacturer for the assembly of the vehicle and maintain the full operational envelope of the vehicle systems. Equivalent quality parts may be produced by another party than the OEM, as further specified in the tender documents. Tenderers who offers non-OEM spare parts must submit documention, as part of the offer, that the offered spare parts are of equivalent quality as the OEM spare parts. Tenderers who offers OEM spare parts may at any time during the tender process be asked to document that the offered spare parts are OEM spare parts, if DALO finds it relevant..
The main part of the spare parts that DALO intends to purchase in accordance with the framework agreement are stated in an appendix to the framework agreement. The framework agreement and appendices, including the listed spare parts, will be made available to the prequalified tenderers. Some of the military spare parts are repairable and the framework agreement will also include obligation to repair these. DALO can also use the framework agreement to purchase  spare parts for the above mentioned vehicles that are not listed in the appendix.
Each listed spare part will be evaluated and awarded individually in a cascade model, meaning that the tenderer who has submitted the most economically advantageous offer for a spare part will be the primary supplier for that spare part. A maximum of three (3) tenderers will be offered a parallel framework agreement on each spare part. If more than three (3) tenderers has submitted an offer for the same spare part DALO will only award the spare part to the three (3) most economically advanteges offers. The order of the cascade will be determed based on DALO's evaluation of the offers. Afterwards DALO will purchase the spare parts by way of a direct award. First DALO will submit a purchase order for a specific spare part to the primary supplier. Secondly DALO has the posibility to use the cascade model to place the order at the secondary supplier in case the primary supplier is unable to deliver. Finally DALO can submit the purchase order to the third supplier in case neither the primary og secondary supplier are able to deliver the spare part, as further described in the tender material made available to the prequalified tenderers. It is not a requirement for participating in the tender proces that a tenderer can offer all the listed spare parts in the appendix. Tenderers can freely decide which of the listed spare parts they want to submit an offer for. However, in order to be awarded a parallel framework agreement a tenderer must have been awarded a minimum of ten (10) spare parts on the list (e.i. be in top three (3) in the evaluation of at least ten (10) spare parts) . If a tenderer after the final evaluation has not been awarded at least ten (10) spare parts DALO will disregard the offer entirely. Spare parts that has not received an offer as well as other spare parts for the above mentioned military combat and tactical vehicles of the Danish Defence that has not been stated on the list in the appendix may, however, be awarded by way of a light tender procedure (mini-competition) among all the suppliers that have been awarded a parallel framework agreement (e.i. has been awarded at least ten (10) spare parts, c.f. the description above). The award criteria for the light tender procedure is described in further details in the tender material.
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 agreement.
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 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 framework agreement the risk profile is assessed to the following follow-up action (risk level): C (low risk). Please see the uploaded Appendix B and B.1 on the Ethics web portal for more information.
DALO demands that the supplier at company level must possess the appropriate facility security clearance at the level of NATO and EU RESTICTED (or equivalent in danish-language classification "Til Tjenestebrug"). The security clearance must be optained at the time of signing the framework agreemeent and must maintained throughout the term of the framework agreement. Further details will be made available in the framework agreement. It is the candidate’s own responsibility to obtain the security clearance required to perform the framework agreement.
When submitting the offer (but not the request for participation/prequalification), 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. a 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 a positive equity ratio in 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).

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 a positive equity ratio in 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.
A list of the most important similar deliveries (references), cf. section II.1.5) carried out prior to the deadline 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 which candidate 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 supplies completed 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 supplies has not been completed at the time of the deadline 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 clearly states which part (e.g. with regard to value, quantity or volume) of an ongoing delivery (reference) that has been carried out. 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 supplies, described in section II.1.5. The description should also include 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 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). 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 delivery 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 five (5) 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 technical and professional capacity of other entities. If the list contains more than five (5) deliveries (references), DALO will only consider the first five (5) deliveries on the list. Each reference must be a maximum of one (1) normal page equal to 1.300 words (pictures are not included). If the reference is longer than one normal page DALO will only take the first page into consideration when evaluating the reference and disregard the rest of the reference. Please note that a candidate may rely on the technical and professional capacity 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. When evaluating the references DALO will first look at the list from the candidate and secondly DALO will look at the list from a supporting entity. Deliveries beyond the maximum will be disregarded.

Award value: 120000000