Denmark-Ballerup: Miscellaneous weapons
Section I: Contracting authority
Main address: https://www.ethics.dk/ethics/eo#/0502f0cd-d9c1-4494-b6bb-fc3eb9d6736c/homepage
Section II: Object
Framework Agreement for the Acquisition of Ceremonial Swords with Scabbards and Daggers with Scabbards for the Danish Defence
The Danish Defence wishes to acquire a supply of ceremonial swords with scabbards and daggers with scabbards. The swords and daggers are used during official appearances e.g. under parades and ceremonies. The new swords and daggers from the new contract, will be used together with swords and daggers from an earlier production. Due to the specific use and purpose of the swords and daggers and the combination of old and new, it is imperative that the new swords and daggers, in design, finish and quality, have the same visual expression, as the swords and daggers have today. This also includes the structure of the swords and daggers. The manufacturer/supplier must expect variations in the quantity, type and time frame of deliveries.
The supplier shall be aware of they shall send at test sample, see instruction to tender Section 5.2 for further information.
See Section II.1.4).
Section III: Legal, economic, financial and technical information
The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD —) and provide the following information in the ESPD:
Its equity 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 3 financial years, to the extent such information is available, cf. Part IV, Section B.
Upon request from DALO the tenderer must submit the following documentation:
Annual reports or excerpts hereof or other documentation stating the tenderer’s general yearly turnover for the last 3 financial years if publication of annual reports is required under the law of the country in which the tenderer is established, and to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, 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 entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.
Be advised that DALO at any time during the procurement procedure can request that the tenderer presents the abovementioned documentation if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation, DALO will set an appropriate time limit for the submission of the documentation.
Please note that a tenderer 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 tenderer and the entity or entities on which the candidate/tenderer relies. In this case, the candidate/tenderer shall ensure that an ESPD from the entity or entities on which the candidate/tenderer relies is submitted along with the candidates/tenderers own ESPD. The entity or entities’ ESPD must equally provide the information listed above.
The tenderer must have had an positive equity ratio percent for each the last 3 financial years. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100).
If the tenderer 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 tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’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.
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, that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. Section III.1.2).
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. If a tenderer relies on the capacity of other entities, cf. Section III.1.2), the tenderer shall upon request provide statements of support or other documentation proving that the tenderer has access to the necessary economic capacity, and that the entity referred to has a legal obligation to the tenderer. If such documentation is not provided, DALO cannot consider the economic capacity of the other entity or entities. DALO has prepared a template to be used to confirm the legal obligation which is available at ETHICS. DALO strongly encourages the tenderers to use this form. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements.
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.
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://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Internet address: www.kfst.dk