Public procurement notice: Contract Notice
Published: 2021-11-19
Buyer: Danish 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: 4000000 DKK
Submission deadline: 2022-01-25
Award criteria: The most economic tender

Technical requirements: This tender concerns the acquisition  and sustainment of FTIR instruments for the Danish Ministry of Defence. DALO wishes to enter into a framework agreement that covers both the acqisition of instruments as well as sustainment of these by delivery of spare parts, consumables and services.
The FTIR instruments will be used by the Danish Defence and the Danish Emergency Management Agency (DEMA) to identify a wide range of different chemical compounds as part of the emergency prepardness.  The framework agreement covers both the acquisition of the instruments and the delivery of spare parts, consumables and services in connection with keeping the instruments operational. The framework agreement regarding the acquisition of FTIR instruments has a duration of 4 years and for the sustainment of the instrument (spare parts, consumables and services) has a duration of 10 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 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.
The framework agreement has a duration of 4 years in connection with the acquisition of FTIR 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 II.1.5): The estimated value of the framework agreement is 4 mio. DKK and the max. value of the framework agreement is 5,5 mio. DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, 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 exactly how extensively the deliverables of the framework agreement will be distributed in the Danish Defence. If decision is made that the deliverables in question shall be utilized by more groups of personnel than what is actually decided for now, this will lead to a significant larger expenditure on the framework agreement than what is expected at the moment.
Attention is drawn to the Investment Screening Act (Act. No. 842 of 10 May 2021) according to which certain companies are required to apply for permission from the Danish Business Authority prior to entering into “special financial agreements” within particularly sensitive sectors and activities. Further information can be obtained from https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.
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 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’  in accordance with the instructions given by ETHICS. If the tenderer is a group of entities (consurtiums), 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. 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.The framework agreement is not divided into lots on the grounds that a division of the contract would entail disproportionate costs due to subsequent contract administration.
DALO does not provide remuneration for the participants in the tender. 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


Award value: 4000000