Public procurement notice: Contract Notice
Published: 2022-09-27
Buyer: Danish Ministry of 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: 5500000 DKK
Submission deadline: 2022-12-15
Award criteria: The most economic tender

Technical requirements: This tender concerns the acquisition and sustainment of mobile Raman  spectroscopy instruments (in the following Raman instruments) for the Danish Defence and the Danish Emergency Management Agency (DEMA). The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) wishes to enter into a framework agreement that covers both the acquisition of the Raman instruments as well as sustainment of these by delivery of spare parts, consumables and services.
The Raman instruments will be used by the Danish Defence and The Danish Emergency Management Agency (DEMA). The Raman instruments will be used to identify a range of different chemical substances and compounds in connection with emergency preparedness. The framework agreement will cover both the acquisition of the Raman instruments and the delivery of spare parts, consumables and services in connection with keeping the instruments operational. The framework agreement regarding the acquisition of the Raman instruments has a duration of 4 (four) years and the sustainment of the instrument (spare parts, consumables and services) has a duration of 10 (ten) 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.
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 agreement 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 contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to appendix B and appendix B.1 in the framework agreement for further information. In the procurement of the framework agreement the risk profile is assessed to the following follow-up action (risk level): C. See section VI.3 for further information.
The framework agreement has a duration of 4 years in connection with the acquisition of Raman instruments and a duration of 10 years in connection with the sustainment (spare parts, consumables and services) of the instruments. The longer duration of the service agreement is due to the fact that the instruments are expected to be operational for 10 years.
Regarding section IV.2.4) The procurement documents are in English, but tenderers can submit offers in either Danish or English. Questions submitted during the tender procedure shall be in English and DALO will answer in English.
Regarding section II.1.5) The estimated value of the framework agreement is 5,5 mio. DKK and the maximum value  is 9 mio. DKK. 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 how extensively the deliverables of the framework agreement will be distributed in the Danish Defence. If decision is made that the deliverables shall be utilized by more groups of personnel than what is actually decided for now, this will lead to a larger expenditure than what is expected at the moment.
The framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions. Upon submission of an offer the tenderer is asked to sign a self-declaration on compliance with labour clauses, CSR obligations and international sanctions cf. section III.2.2. If the self-declaration is not signed, the tenderer will be excluded from participation in the procurement process.
DALO has uploaded a template (available in the ETHICS web portal) which must be used as a declaration. When associations of several entities (ie. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.
The tenderer must together with the tender submit an ESPD as preliminary evidence of the circumstances set out in § 148(1) (1-3) of the Public Procurement Act. The tenderer and, if relevant, the participants in the group of entities, 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. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), 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.
The framework agreement is not divided into lots due to operational needs. A division is not possible, because it is necessary for the Danish Defence to use the same instrument around the organisation and because the instrument and the services are closely connected.
For further information regarding this procurement, please see the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3).
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:


Award value: 5500000