Public procurement notice: Contract Notice
Published: 2022-02-09
Buyer: The Danish National Police
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35200000: Police equipment | 35300000: Weapons, ammunition and associated parts | 35320000: Firearms | 35321200
Estimated value: 190000000 DKK
Submission deadline: 2022-03-08
Award criteria: The most economic tender

Technical requirements: A carbine has an estimated lifetime of 20 years, and an implementation period of approximately 4-5 years.
Due to the technical difficulties of switching supplier and the large financial costs of replacing the weapon system, the Danish National Police therefore finds it justified to enter into an agreement for a period of up to 20 years.
The Danish National Police has a need for a new 5.56mm semi-automatic carbine replacing its legacy 9mm SMG and 5.56mm carbine. With this tender, the Danish National Police will acquire a turnkey MOTS solution comprising a 5.56mm carbine (AR15 type - either direct impingement or piston driven) along with all associated replacement parts, services and accessories, e.g. weapon sights, weapon lights, sling, magazines, suppressor etc.
The Danish National Police expects to enter into a framework agreement with a total of up to 10 + 5 + 5 years’ duration. The framework agreement will comprise a procurement of app. 3,000  ea. carbines, replacing all legacy 9mm SMG’s and 5.56mm carbines within a 4-5 year timeframe. An initial order of 1,000 ea. carbines upon contract signature, and an implementation of up to app. 1,000 ea. carbines per year thereafter is expected until the expected total quantity has been delivered.
The Danish National Police has the option to extend the Framework Agreement on the same terms 2 times for up to 5 years each time with a notice of 60 days before expiry, resulting in a total duration of maximum 20 years.
If advance payments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by the Danish National Police.
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 contract.
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 must be conducted in consideration of corporate social responsibility (CSR) as expressed in the OECD Guidelines for Multinational Enterprises and further it contains a labour clause which will  be further specified in the contract.
When submitting the offer (but not the request for participation/pre-qualification), the tenderer (candidate) 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. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
Be advised that the Danish National Police 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, the Danish National Police may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. The Danish National Police 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 (three) financial years, to the extent such information is available or a statement regarding the operator‘s equity and assets in the last 3 (three) financial years, depending on when the operator was established if the equity and assets figures are available.
For groups of operators (e.g. a consortium), the information must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subsupplier), information for such other entities must be provided as well.
The candidate must have had an equity ratio of at least 15 % in each of the last 3 (three) 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 (three) financial years, to the extent such information is available or a statement regarding the operator‘s equity and assets in the last 3 (three) financial years, depending on when the operator was established if the equity and assets figures are available. For groups of operators (e.g. a consortium), the information must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subsupplier), information for such other entities must be provided as well.
The candidate must have had an equity ratio of at least 15 % in each of the last 3 (three) 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 (three) 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 (three) 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 within the past 5 (five) years 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 if the minimum requirement for suitability stated below is fulfilled/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 carried out within the past 5 (five) years and 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 carried out within the past 5 (five) years or 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 tenderer clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years. 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 candidate’s 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, weapon accessories (e.g. weapon sights, weapon lights, sling, magazines, suppressors etc.) the recipients of the deliveries (specific names/country/region/continent are preferred, but not mandatory; However, the candidate is asked to provide as much generic information as possible about the delivery as any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates). When specifying the date of 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 5 (five) 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 5 (five) previous deliveries, the Danish National Police will only consider the first 5 (five) deliveries on the list. Deliveries beyond that will be disregarded. 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. The candidate must as a minimum requirement demonstrate experience with delivering a 5.56mm carbine of the type AR15 (either direct impingement or piston driven). In addition, the candidate must as a minimum requirement demonstrate experience with delivery of weapon accessories, e.g. weapon sights, weapon lights, sling, magazines, suppressors etc.
A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) years 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 if the minimum requirement for suitability stated below is fulfilled/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 carried out within the past 5 (five) years and 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 carried out within the past 5 (five) years or 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 tenderer clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 5 (five) years. 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 candidate’s 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, weapon accessories (e.g. weapon sights, weapon lights, sling, magazines, suppressors etc.) the recipients of the deliveries (specific names/country/region/continent are preferred, but not mandatory; However, the candidate is asked to provide as much generic information as possible about the delivery as any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates). When specifying the date of 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 5 (five) 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 5 (five) previous deliveries, the Danish National Police will only consider the first 5 (five) deliveries on the list. Deliveries beyond that will be disregarded. 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.
The candidate must as a minimum requirement demonstrate experience with delivering a 5.56mm carbine of the type AR15 (either direct impingement or piston driven). In addition, the candidate must as a minimum requirement demonstrate experience with delivery of weapon accessories, e.g. weapon sights, weapon lights, sling, magazines, suppressors etc.

Award value: 190000000