2024-07-18+00:0012:16:26+00:0016https://www.fmi.dkORG-0001Danish Ministry of Defence Acquisition and Logistics OrganisationLautrupbjerg 1-5Ballerup2750DK012DNKORG-16-28-71-80Tine Olsen24210967fmi-sd-la106@mil.dkhttps://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/ORG-0002Klagenævnet for UdbudToldboden 2Viborg8800DK041DNKORG-37795526Klagenævnet for Udbud+45 72405600klfu@naevneneshus.dkhttps://www.kfst.dkORG-0003Konkurrence- og ForbrugerstyrelsenCarl Jacobsens Vej 35Valby2500DK011DNKORG-10294819Konkurrence- og Forbrugerstyrelsen+45 41715000kfst@kfst.dkhttp://mercell.com/ORG-0004Mercell Holding ASAAskekroken 11Oslo0277NO081NOR980921565eSender+47 21018800+47 21018801publication@mercell.com00434451-2024140/20242024-07-19Z2.3eforms-sdk-1.10c30e9bc7-b141-45db-b23d-264ebe8bbb1ecec9eb8a-04aa-4659-ba7a-3995afa390112024-07-18+00:0012:15:20+00:000132014L0024cn-standardENGcgadefenceORG-0001ted-esenORG-0004The Danish Public Procurement Act (Act no. 1564 of 15 December 2015, as amended).The Danish Public Procurement Act implements the Public Procurement Directive (2014/24/EU) in Danish law. corruptionSee section 135(1), para (2) of the Danish Public Procurement Act.crime-orgSee section 135(1), para (1) of the Danish Public Procurement Act.finan-laundSee section 135(1), para (5) of the Danish Public Procurement Act.fraudSee section 135(1), para (3) of the Danish Public Procurement Act.human-trafficSee section 135(1), para (6) of the Danish Public Procurement Act.misrepresentSee section 136(3) of the Danish Public Procurement Act.partic-conflSee section 136(1) of the Danish Public Procurement Act.prep-conflSee section 136, para (2) of the Danish Public Procurement Act.prof-misconductSee section 136, para (4) of the Danish Public Procurement Act.socsec-paySee section 135(3) of the Danish Public Procurement Act.tax-paySee section 135(3) of the Danish Public Procurement Act.terr-offenceSee section 135(1), para (4) of the Danish Public Procurement Act.As part of its offer, the tenderer must submit the European Single Procurement Document (ESPD). Please note that a tenderer may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor), irrespective of the legal nature of the relations between the tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer must ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer’s own ESPD. The ESPD of the entity or entities in question must include equivalent information. A tenderer may only submit one offer. The tenderer and, if relevant, the participants in the group of entities and/or entities on which the tenderer relies, must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. Any entities relied on must also sign the ESPD. If a tenderer relies on the capacity of other entities, see this contract notice, the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot take into account the economic and financial standing and/or the technical and professional capacity of such entity or entities. DALO has prepared a template (available in the electronic tender system) to be used to confirm the legal obligation. openfalse2023/021558Out - and Indoor Training ShoesThe Agreement concerns the purchase and delivery of out- and indoor training shoes to the Danish Defence, Danish Emergency Management Agency, and military national teams, and for physical education and training of conscripts and military personnel. The Buyer intends to use the Deliverables (out- and indoor shoes) in Denmark. The training will take place thoughout the year primarily outdoor in spring, summer and autumn, and indoor in the winter time. The training shoes will be in use under outdoor training, in forests, on roads, gravel trails, military obstacle courses and indoor shoes will be used in the fitness room or gym. The composition of shoes in the offer is not subject to be of same brand/model. Where "DALO" is stated in the Agreement, this shall mean that only DALO shall be entitled to enforce the relevant provision of the Agreement, even though the Agreement is used by other authorities under the Ministry of Defence. suppliesIn accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a tenderer from participation in a procurement procedure where the tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a tenderer that is subject to the ground for exclusion. It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether other text in this contract notice may suggest this. 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 liability and appoint one supplier to represent the group. The agreement is not divided into lots since a division of the agreement will undermine the economies of scale obtainable by one agreement. It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1 for the exact delimitation of the operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers' and any subcontractors’ place of establishment and ownership. As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration. DALO has uploaded a template (available in the electronic tender system) which must be used as declaration. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities. DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act. Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement. The estimated value of the framework agreement is 20.000.000 DKK, and the maximum value of the agreement is 60.000.000 DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration. The uncertainty regarding the final value of the framework agreement is primarily due to the fact that financial resources may be reallocated and/or injected during the term of the framework agreement on the basis of various factors and influences, such as changes in the resources needed or changes in the geopolitical situation. If more funds are allocated than expected, this will likely lead to a larger expenditure under the framework agreement. The offer shall be in the language stated in this contract notice. However, the tenderer may submit the following documentation in Danish: - The offer - Documentation for requirements in Appendix A 60000000200000001882200018800000JD Logistik Att. Kasper Ditlev Jacobsen This adress is used when nothing else is stipulated by the buyer in a specific purchase order.Paul Bergsøes Vej 47, port 8-14Glostrup2600DK012DNKSupply Chain Division (SCD) Munderingshoveddepotet, bygn. 19. The buyer may choose this adress. Arsenalvej 33Hjørring9800DK050DNKLOT-0000ef-standEquity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last 2 financial years available.The tenderer must have an equity ratio of at least 20 per cent in the last 2 financial years available. The tenderer and other entities, if any, must state the 1) equity, 2) total assets and 3) equity ratio as key figures in the ESPD. The equity and total assets must be stated in DKK. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio will be calculated by dividing the sum of the equities of all participants with the sum of the total assets of all participants (the sum of equities/the sum of total assets x 100) in the last financial year available. If the tenderer relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity ratio will be calculated by dividing the sum of the tenderer’s and the entity’s/entities’ equity with the sum of the tenderer’s and the entity’s/entities’ total assets (the sum of equities/the sum of total assets x 100) in the last financial year available. Upon request from DALO, the tenderer must submit the following documentation: Annual report or excerpts thereof or other documentation stating the tenderer’s equity and total assets at the end of the last financial year available if publication of annual reports is required under the law of the country in which the tenderer is established. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the documentation must also be provided for each such entity or entities. usedef-standThe equity at the end of the last 2 financial years available.The tenderer must have an equity of at least DKK 2 million in the last 2 financial years available. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity will be calculated as the sum of all the participants’ equity in the last financial year available. If the tenderer relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity will be calculated as the sum of the tenderer’s and the entity’s or entities’ equity in the last financial year available. Upon request from DALO, the tenderer must submit the following documentation: Annual report or excerpts thereof or other documentation stating the tenderer’s equity at the end of the last financial year available if publication of annual reports is required under the law of the country in which the tenderer is established. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the documentation must also be provided for each such entity or entities.usedsui-actn-usedtp-abiln-usednot-allowedno-eu-fundsfalsenot-allowedENGAll tender documents.non-restricted-documenthttps://www.ethics.dk/ethics/eo#/1eed4f84-eec5-4a9b-aad1-6d0109f7f297/publicMaterialPayment shall take place no later than 30 days after the supplier has forwarded a satisfactory invoice to DALO. The specific payment terms will be included in the tender documents. nonefalserequirednonot-allowedfalseperformanceThe 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 the tender documents for further information. In the procurement of the agreement, the risk profile is assessed to the following follow-up action (risk level): A.per-exa30priceEvaluation priceIn order to determine which offer has the best price-quality ratio DALO will use a scoring model with fixed financial frame to compile the grade for the sub-criterion "Price".per-exa70qualityQualityThe Quality will be graded according to the described user tests.ORG-0001ORG-0001https://www.ethics.dk/ethics/eo#/1eed4f84-eec5-4a9b-aad1-6d0109f7f297/homepageORG-0001ORG-00016Pursuant to the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply: 1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into an agreement. The deadline is calculated from the day after the day when the notice was published. 2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that an agreement based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision. 3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2). The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal be granted suspensory effect, see section 12(1). The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website. ORG-0003ORG-0002ENGDANfalsetruerequiredtrue2024-09-05+00:0011:00:00+00:002024-09-05+00:0011:00:00+00:00The offers will be opened in the electronic procurement system. Tenderers do not have the opportunity to be present when the offers are opened. false1buyer-categoriesThe 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 for procurement on the terms and conditions of the agreement.nonefa-wo-rc2023/021558Out - and Indoor Training ShoesThe Agreement concerns the purchase and delivery of out- and indoor training shoes to the Danish Defence, Danish Emergency Management Agency, and military national teams, and for physical education and training of conscripts and military personnel. The Buyer intends to use the Deliverables (out- and indoor shoes) in Denmark. The training will take place thoughout the year primarily outdoor in spring, summer and autumn, and indoor in the winter time. The training shoes will be in use under outdoor training, in forests, on roads, gravel trails, military obstacle courses and indoor shoes will be used in the fitness room or gym. The composition of shoes in the offer is not subject to be of same brand/model. Where "DALO" is stated in the Agreement, this shall mean that only DALO shall be entitled to enforce the relevant provision of the Agreement, even though the Agreement is used by other authorities under the Ministry of Defence. suppliesIn accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a tenderer from participation in a procurement procedure where the tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a tenderer that is subject to the ground for exclusion. It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether other text in this contract notice may suggest this. 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 liability and appoint one supplier to represent the group. The agreement is not divided into lots since a division of the agreement will undermine the economies of scale obtainable by one agreement. It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1 for the exact delimitation of the operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers' and any subcontractors’ place of establishment and ownership. As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration. DALO has uploaded a template (available in the electronic tender system) which must be used as declaration. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities. DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act. Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement. The estimated value of the framework agreement is 20.000.000 DKK, and the maximum value of the agreement is 60.000.000 DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration. The uncertainty regarding the final value of the framework agreement is primarily due to the fact that financial resources may be reallocated and/or injected during the term of the framework agreement on the basis of various factors and influences, such as changes in the resources needed or changes in the geopolitical situation. If more funds are allocated than expected, this will likely lead to a larger expenditure under the framework agreement. The offer shall be in the language stated in this contract notice. However, the tenderer may submit the following documentation in Danish: - The offer - Documentation for requirements in Appendix A true60000000200000001882200018800000JD Logistik Att. Kasper Ditlev Jacobsen This adress is used when nothing else is stipulated by the buyer in a specific purchase order.Paul Bergsøes Vej 47, port 8-14Glostrup2600DK012DNKSupply Chain Division (SCD) Munderingshoveddepotet, bygn. 19. The buyer may choose this adress. Arsenalvej 33Hjørring9800DK050DNK4