Public procurement notice: Contract Notice
Published: 2021-12-22
Buyer: Danish Defence Acquisition and Logistics Organization (DALO)
Country: DK
Contract type: Supplies
Procedure: Restricted procedure
CPV classification: 35300000: Weapons, ammunition and associated parts | 35330000: Ammunition | 35331000 | 35331100 | 35331500
Estimated value: 347400000 DKK
Submission deadline: 2022-01-28
Award criteria: Lowest price

Technical requirements: DALO procures small caliber ammunition for small arms in four different calibers; 5.56x45mm, 7.62x51mm, 9x19mm and 12.7x99mm.
DALO procures small caliber ammunition for small arms in 3 lots consisting of: lot 1: 5.56x45mm and 7.62x51mm ammunition, lot 2: 9x19mm ammunition and lot 3: 12.7x99mm ammunition.
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 framework agreement.
No particular legal form is required. If the framework agreemeent 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.
Candidates are specifically made aware that it will be a condition precedent for signing the framework agreement that the tenderer has entered into an Industrial Co-operation Contract with the Danish Business Authority (Erhvervsstyrelsen). Guidelines for industrial co-operation in Denmark are available at:
https://danishbusinessauthority.dk/sites/default/files/guidelines-for-industrial-coperation-in-denmark.pdf
Prequalified tenderers will be informed about the specific terms of the Industrial Co-operation Contract.
The framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause. There will be further details in the framework agreement.
When submitting the request for participation/pre-qualification, the candidate must submit a declaration (template in the prequalification questionaire) stating that the candidate is not subject for exclusion stated in art. 39(2)(d) of the Defence and Security Directive (2009/81/EC).
When submitting the offer (but not the request for participation/pre-qualification), 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. 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 annual turnover for the last 3 financial years,  if publication of annual reports is required under the law of the country in which the candidate is established, and to the extent such information is available.
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.
LOT 1: The candidate must have had an overall turnover of at least 43.500.000 DKK in each of the preceding 3 financial years. (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published), and

Eligibility requirements: Annual reports or excerpts hereof or other documentation stating the candidate’s annual turnover for the last 3 financial years,  if publication of annual reports is required under the law of the country in which the candidate is established, and to the extent such information is available. 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.
LOT 1: The candidate must have had an overall turnover of at least 43.500.000 DKK in each of the preceding 3 financial years. (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published), and The candidate must have had a positive equity ratio (calculated by dividing the company’s equity with the candidate’s total assets (equity/total assets x 100)) at the end of the preceding 3 financial years). 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. See more in section VI.3, second last paragraph. 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. LOT 2: The candidate must have had an overall turnover of at least 2.500.000 DKK in each of the preceding 3 financial years. (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published), and The candidate must have had a positive equity ratio (calculated by dividing the company’s equity with the candidate’s total assets (equity/total assets x 100)) at the end of the preceding 3 financial years). 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. See more in section VI.3, second last paragraph. 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. LOT 3: The candidate must have had an overall turnover of at least 4.000.000 DKK in each of the preceding 3 financial years. (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published), and The candidate must have had a positive equity ratio (calculated by dividing the company’s equity with the candidate’s total assets (equity/total assets x 100)) at the end of the preceding 3 financial years). 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. See more in section VI.3, second last paragraph. 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.
A list of the most important similar deliveries (references), cf. section II.1.5) in regards to the lot or lots in which the candidate has requested to participate, performed 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 performed 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 performed 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 candidate clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been performed 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 part of the deliveries that are regarded as similar to the supplies, described in section II.1.5, for each lot/lots the candidate requests participation in. The description should also including a description of the candidates participation in the performance of the deliveries e.g. sub-contractor. The description should also contain information on the date of the deliveries, the size/quantity/volume and value of the deliveries, the recipients of the deliveries (specific countries are necessary). 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. 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 relation between the candidate and the entity or entities on which the candidate relies. See more in section VI.3, second last paragraph. LOT 1: The candidate must demonstrate, as a minimum, deliveries to NATO member countries of 12.875.000 EA (each) or more, regarding deliveries of 5.56x45mm and 7.62x51mm ammunition; within the past 5 years, prior to the deadline for the request to apply for prequalification. LOT 2: The candidate must demonstrate, as a minimum, deliveries to NATO member countries of 1.650.000 EA (each) or more, regarding deliveries of 9x19mm ammunition; within the past 5 years, prior to the deadline for the request to apply for prequalification. LOT 3: The candidate must demonstrate, as a minimum, deliveries to NATO member countries of 467.500 EA (each) or more, regarding deliveries of 12.7x99mm ammunition; within the past 5 years, prior to the deadline for the request to apply for prequalification.
A list of the most important similar deliveries (references), cf. section II.1.5) in regards to the lot or lots in which the candidate has requested to participate, performed 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 performed 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 performed 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 candidate clearly states which part (e.g. with regard to size, value, quantity or volume) of an ongoing delivery (reference) that has been performed 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 part of the deliveries that are regarded as similar to the supplies, described in section II.1.5, for each lot/lots the candidate requests participation in. The description should also including a description of the candidates participation in the performance of the deliveries e.g. sub-contractor. The description should also contain information on the date of the deliveries, the size/quantity/volume and value of the deliveries, the recipients of the deliveries (specific countries are necessary). 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. 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 relation between the candidate and the entity or entities on which the candidate relies. See more in section VI.3, second last paragraph.
LOT 1: The candidate must demonstrate, as a minimum, deliveries to NATO member countries of 12.875.000 EA (each) or more, regarding deliveries of 5.56x45mm and 7.62x51mm ammunition; within the past 5 years, prior to the deadline for the request to apply for prequalification. LOT 2: The candidate must demonstrate, as a minimum, deliveries to NATO member countries of 1.650.000 EA (each) or more, regarding deliveries of 9x19mm ammunition; within the past 5 years, prior to the deadline for the request to apply for prequalification. LOT 3: The candidate must demonstrate, as a minimum, deliveries to NATO member countries of 467.500 EA (each) or more, regarding deliveries of 12.7x99mm ammunition; within the past 5 years, prior to the deadline for the request to apply for prequalification.

Award value: 347400000