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Section I: Contracting authority
Main address: https://www.ethics.dk/ethics/eo#/781f4bd0-6236-45a9-abbf-3287f8e3be04/homepage
Section II: Object
Acquisition of Sportswear and Training Shoes for the Danish Defence
The tender procedure concerns the award of two (2) Framework Agreements regarding sportswear and training shoes for the Danish Defence.
The Framework Agreements will provide the Danish Defence and other divisions of the Danish Ministry of Defence with sportswear and training shoes which will enable the users to train for and pass the respective physical fitness requirements. These users are between 18 and 63, and they engage in training everywhere from low intensity training once a week to high intensity training on a daily basis.
The tenderers are made aware that it is mandatory to deliver test samples (test specimens) in connection with a test of the tenderers offer. The tenderers are encouraged to utilize their time to insure timely delivery of the test samples.
The test samples must be delivered no later than the tender deadline.
Sportswear for the Danish Defence
This contract will provide the Danish Defence and other divisions of the Danish Ministry of Defence with sportswear which will enable the users to train for and pass the respective physical fitness requirements.
The contract covers a number of items and uses from general training to national teams’ parade dress.
The Danish Defence wants to acquire sportswear to meet the needs of the basic user as well as certain items for the high-level athlete. These items are divided in to 3 different sets:
Training clothing for the soldier, conscrips and DEMA, women and men, Main package:
— t-shirt, short sleeves,
— t-shirt, long sleeves,
— shell jacket,
— shell pants,
— long tights,
— short tights,
— swim suit, only female.
The parade clothing for soldiers on the national teams, women and men, also consist of an Additional package:
— polo shirt short sleeves,
— windbreaker jacket,
— activity shorts.
For special events
— t-shirt, short sleeves, male.
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.
Training Shoes for the Danish Defence
This contract will provide the Danish Defence and other divisions of the Danish Ministry of Defence with training shoes which will enable the users to train for and pass the respective physical fitness requirements. The contract covers an array of shoes to be used for general training under all weather conditions both indoors and outdoors.
The Danish Defence wants to acquire a variety of shoes to be used by a user group consisting of basic, untrained runners to high level, highly capable runners. The assortment of offered shoes is to be used in all types of Danish terrain, and also indoors for a vast array of different training exercises.
To cover these needs the following categories are requested:
Trail running shoes:
— trail running shoes, male,
— trail running shoes, female,
— trail running shoes, wide, male.
Road running shoes:
— road running shoes, male,
— road running shoes, female,
— road running shoes, wide, male.
Indoor training shoes:
— indoor training shoes, male,
— indoor training shoes, female,.
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.
Section III: Legal, economic, financial and technical information
If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.
Reference is made to the tender 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.
Section IV: Procedure
Section VI: Complementary information
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 tenderers and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD. DALO has prepared an ESPD (an XML-file) available at ETHICS. DALO strongly encourages the tenderer to use this XML-file when completing the ESPD. The tenderer must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome where the ESPD can be completed and later exported. No other versions than the EPSD must be used.
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.
Regarding Contract Notice section II.1.6): Since the procurement is divided into lots the tenderer is asked to state in the ESPD Part II, section A which lot or lots the offer concerns. Please note, that a tenderer can only submit one offer for each lot.
DALO reserves the right – but is not obliged – to use the remedies provided for in Section 159(5) of the the Danish Act on Public Procurement (act no. 1564 of 15.12.2015 – available at www.retsinformation.dk) if applications or offers do not fulfil the formalities of the tender documents.
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
Pursuant to Section 3 of the Danish Consolidation Act No. 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, must in accordance with § 7(2) of the Acton The Complaints Board for Public Procurement be filed with the Complaints Board for Public Procurement within:
1) 45 calendar days after the Contracting Authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date).
2) 30 calendar days starting the day after the Contracting Authority has informed the tenderers in question, that the Contracting Authority has entered into a contract based on a Framework Agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision.
3) 6 months starting the day after the Contracting Authority has sent notification to the tenderers involved that the Contracting Authority has entered into the Framework Agreement, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included a short account of the relevant reasons for the decision.
4) 20 calendar days starting the day after the Contracting Authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.
The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to the Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on the Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said Act.
The e-mail of the Complaints Board for Public Procurement is stated in Section VI.4.1).
The Complaints Board for Public Procurement’s own guidance note concerning complaints is available at the internet address stated in section VI.4.1).
Internet address: www.kfst.dk