2 Procedure

2.1 Procedure

Titel: Framework agreement regarding Breathable Drysuits

Beskrivelse: The framework agreement is concering the acquisition of 3 (three) types of Breathable\n Drysuits: - A Combat Swimmer Drysuit. - A Boarding Drysuit. - A Boat Operator Drysuit.\n The framework agreement will also concern Accessories, such as hoods and gloves as\n well as Spare Parts and Services. The Drysuits will be used for at broad variaty of\n tasks in the Danish Defence such as diving, tactical swimming, boarding operation,\n close quarter combat.

Identifikator for proceduren: 0d23f4e4-a62a-4be5-b6ad-9ce61a4631ef

Udbudsprocedure: Begrænset

Proceduren er en hasteprocedure: nej

Hovedpunkterne i proceduren: Please note that each candidate may only submit one request for participation. The\n candidate must submit the European Single Procurement Document (ESPD) Please note\n that the candidate may rely on the capacity of other entities (e.g. a parent or sister\n company or a subcontractor), irrespective of the legal nature of the relations between\n the candidate and the entity or entities on which the candidate relies. In this case,\n the candidate must ensure that an ESPD from the entity or entities on which the candidate\n relies is submitted along with the candidate’s own ESPD. The ESPD of the entity or\n entities in question must include equivalent information. A candidate may only submit\n one request to participate. The candidate and, if relevant, the participants in the\n group of entities and/or entities on which the candidate relies, must use the ESPD,\n see section 148 of the Danish Public Procurement Act, as preliminary evidence that\n the participants are not subject to any of the exclusion grounds set out in sections\n 135 and 136 of the Danish Public Procurement Act, and that the candidate fulfils the\n suitability requirements and the selection criteria. It is not necessary for the candidate\n to sign the ESPD document. If the candidate is a group of entities (consortiums),\n the participants not submitting the request to participate must sign their ESPD document.\n Any entities relied on must also sign the ESPD. If a candidate relies on the capacity\n of other entities, see Procedure, the candidate shall upon request provide statements\n of support or other documentation proving that the candidate has access to the necessary\n economic and financial standing and/or technical and professional capacity, and that\n the entity referred to has a legal obligation to the candidate. If such documentation\n is not provided, DALO cannot take into account the economic and financial standing\n and/or the technical and professional capacity of such entity or entities. DALO has\n prepared a template (available in the electronic tender system) to be used to confirm\n the legal obligation.

2.1.1 Formål

Kontraktens art: Varer

Yderligere om kontraktens art: Tjenesteydelser

Primær klassificering (cpv): 37412270 Tørdragter

2.1.2 Udførelsessted

Landespecifik underafdeling (NUTS): Københavns omegn (DK012)

Land: Danmark

Yderligere oplysninger: The Breathable Drysuits will be used all over Denmark.

2.1.3 Værdi

Anslået værdi eksklusiv moms: 20.000.000 Dansk krone

Rammeaftalens maksimumværdi: 45.000.000 Dansk krone

2.1.4 Generelle oplysninger

Yderligere oplysninger: In accordance with section 134a of the Danish Public Procurement Act the contracting\n entity shall exclude a candidate or tenderer from participation in a procurement procedure\n where the candidate or tenderer is established in a country that is included in the\n EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the\n WTO Government Procurement Agreement or other trade agreements committing Denmark\n to open the public procurement market to tenderers established in that country. However,\n for reasons of overriding public interest, the contracting entity may refrain from\n excluding a candidate or tenderer that is subject to the ground for exclusion. It\n is stressed, however, that the voluntary grounds for exclusion in section 137 of the\n Danish Public Procurement Act do not apply for this procurement, irrespective of whether\n the text in Participation (which is system-generated) may suggest this. No particular\n legal form is required. If the agreement is awarded to a group of suppliers (e.g.\n a consortium), the participants shall undertake joint and several liability and appoint\n one supplier to represent the group. The agreement is not divided into lots since\n a division of the agreement will undermine the economies of scale obtainable by one\n agreement. It is pointed out that this procedure is subject to Article 5k of Regulation\n (EU) no. 833/2014, as amended. The provision contains a prohibition against award\n of contracts to Russian companies and Russian-controlled companies etc. (reference\n is made to Article 5k, section 1 for the exact delimitation of the operators that\n are subject to the prohibition). DALO reserves the right at any time during the tender\n process to require candidates or tenderers to prove that they are not subject to the\n prohibition, for example by requiring documentation regarding the candidates’ or tenderers’\n and any subcontractors’ place of establishment and ownership. Regarding Conditions\n of performance: As part of the request to participate, the candidate must submit a\n self-declaration on compliance with labour clauses, CSR obligations and international\n sanctions, see sections Conditions of performance. In this connection, DALO reserves\n the right, at any time during the tender process, to let the candidat rectify a missing\n or inadequately completed self-declaration. DALO has uploaded a template (available\n in the electronic tender system) which must be used as declaration. Where groups of\n entities (e.g. consortiums), including temporary joint ventures, participate jointly\n in the tender procedure, the self-declaration must be submitted separately for each\n of the participating entities. DALO reserves the right – but is not obliged – to use\n the remedies provided for in section 159(5) of the Danish Public Procurement Act if\n requests to participate or offers do not fulfil the requirements of the tender documents.\n It should be noted that irrespective of the wording of the requirements of the tender\n documents to the effect that information, declarations and documentation must be submitted,\n e.g. concerning a description of the deliverables put up for tender, DALO is not prevented\n from obtaining additional information, etc., pursuant to section 159(5), cf. section\n 159(6) of the Danish Public Procurement Act. Any questions regarding the request to\n participate must be submitted through the electronic tender system. Questions will\n be anonymised, and the answers will be posted in the electronic tender system. Questions\n received within the deadline stated in Additional information deadline will be answered\n by DALO no later than 6 days before the deadline for request to participate, see Deadline\n for receipt of request to participate. However, questions received later than the\n deadline in Additional information deadline will be answered unless the nature of\n the question makes it disproportionately onerous for DALO to answer six days before\n the deadline for request to participate. Answers to questions received later than\n 6 days before the deadline af the request to participate cannot be expected. An information\n meeting will be held after the prequalification. The date and time for the information\n meeting will be announced on Ethics without undue delay after the prequalification.\n Prior to decision on award of the agreement, DALO requires that the tenderer to whom\n DALO intends to award the agreement presents documentation for the information stated\n in the ESPD, see sections 151-155 of the Danish Public Procurement Act. DALO demands\n that the the candidate and each of the legal entities on whose economic and financial\n capacities the the candidate relies undertake joint and several liability for the\n performance of the agreement. The estimated value of the framework agreement is 20.000.000\n DKK, and the maximum value of the agreement is 45.000.000 DKK. The reason for the\n difference between the stated values is the uncertainty regarding the final value\n of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified\n estimate of the value of the agreement at the present moment, while the maximum value\n constitutes the maximum value of purchases under the agreement in its duration. The\n uncertainty regarding the final value of the framework agreement is primarily caused\n by uncertainty regarding the operational needs of the Danish Defence through the duration\n of the agreement, including in particular uncertainty about specific deployments and\n mission areas, which is not possible to foresee for the entire span of the agreement.\n Thus, changes to the operational needs of the Danish Defence compared to the existing\n situation and needs may cause a significantly larger expenditure under the agreement\n than what is expected at the moment. Regarding Candidates it is specified that DALO\n will select 5 (five) candidates by applying the criteria stated in Technical and professional\n liability, unless DALO receives no more than 5 (five) compliant requests for participation.\n Regarding Successive Reduction: DALO will not short-list during the tender procedure.\n DALO will only perform a selection in relation to the prequalification in case more\n than 5 (five) compliant request to participation is received.

Retsgrundlag:

Direktiv 2014/24/EU

The 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)\n in Danish law.

2.1.6 Grunde til udelukkelse

Korruption: See section 135(1), para (2) of the Danish Public Procurement Act.

Deltagelse i en kriminel organisation: See section 135(1), para (1) of the Danish Public Procurement Act.

Hvidvaskning af penge eller finansiering af terrorisme: See section 135(1), para (5) of the Danish Public Procurement Act.

Svig: See section 135(1), para (3) of the Danish Public Procurement Act.

Børnearbejde og andre former for menneskehandel: See section 135(1), para (6) of the Danish Public Procurement Act.

Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure: See section 136(3) of the Danish Public Procurement Act.

Interessekonflikt som følge af deltagelse i udbudsproceduren: See section 136(1) of the Danish Public Procurement Act.

Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: See section 136, para (2) of the Danish Public Procurement Act.

Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: See section 136, para (4) of the Danish Public Procurement Act.

Betaling af socialsikringsbidrag: See section 135(3) of the Danish Public Procurement Act.

Betaling af skatter og afgifter: See section 135(3) of the Danish Public Procurement Act.

Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: See section 135(1), para (4) of the Danish Public Procurement Act.

5 Delkontrakt

5.1 Teknisk ID for partiet: LOT-0000

Titel: Framework agreement regarding Breathable Drysuits

5.1.1 Formål

Kontraktens art: Varer

Yderligere om kontraktens art: Tjenesteydelser

Primær klassificering (cpv): 37412270 Tørdragter

5.1.2 Udførelsessted

Landespecifik underafdeling (NUTS): Københavns omegn (DK012)

Land: Danmark

Yderligere oplysninger: The Breathable Drysuits will be used all over Denmark.

5.1.3 Anslået varighed

Varighed: 4 År

5.1.5 Værdi

Anslået værdi eksklusiv moms: 20.000.000 Dansk krone

Rammeaftalens maksimumværdi: 45.000.000 Dansk krone

5.1.6 Generelle oplysninger

Reserveret deltagelse: Deltagelse uden forbehold.

Indkøbsprojekt, der ikke finansieres med EU-midler

Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja

Dette udbud er også egnet for små og mellemstore virksomheder (SMV'er)

5.1.9 Udvælgelseskriterier

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: The equity ratio (calculated by dividing the candidate’s equity with the candidate’s\n total assets (equity/total assets x 100) at the end of the last 2 financial years\n available.

Beskrivelse: The tenderer must have a positive equity ratio in each of the last 2 financial years\n available. The tenderer and other entities, if any, must state the 1) equity, 2) total\n assets and 3) equity ratio as key figures in the ESPD. The equity and total assets\n must be stated in DKK. If the tenderer is composed of a group of entities (e.g. consortium),\n including temporary joint ventures, the equity ratio will be calculated by dividing\n the sum of the equities of all participants with the sum of the total assets of all\n participants (the sum of equities/the sum of total assets x 100) in each of the last\n 2 financial years available. If the tenderer relies on the economic and financial\n standing of an entity or entities (e.g. a parent or sister company or a subcontractor),\n the equity ratio will be calculated by dividing the sum of the tenderer’s and the\n entity’s/entities’ equity with the sum of the tenderer’s and the entity’s/entities’\n total assets (the sum of equities/the sum of total assets x 100) in each of the last\n 2 financial years available. Upon request from DALO, the tenderer must submit the\n following documentation: Annual reports or excerpts thereof or other documentation\n stating the tenderer’s equity and total assets at the end of the last 2 financial\n years available if publication of annual reports is required under the law of the\n country in which the tenderer is established. Where groups of entities (e.g. consortiums),\n including temporary joint ventures, participate jointly in the tender procedure, the\n documentation must be provided for each of the participating entities. If the tenderer\n relies on the economic and financial standing of another entity or other entities\n (e.g. a parent or sister company or a subcontractor), the documentation must also\n be provided for each such entity or entities.

Anvendelse af dette kriterium: Anvendt

Kriterium:

Type: Egnethed til at udøve det pågældende erhverv

Anvendelse af dette kriterium: Ikke anvendt

Kriterium:

Type: Teknisk og faglig formåen

Navn: Criteria for selection among the suitable candidates.

Beskrivelse: A list must be provided in the ESPD of the most important similar deliveries (references),\n see Identification, carried out prior to the deadline for request to participate.\n The list should preferably include a short description of each delivery. The description\n should include a clear indication of which specific parts of the deliveries that are\n similar to the procurement described in Identification. The description should also\n include a description of the candidates’ participation/role in the performance of\n the deliveries. The description should contain information on the date of the deliveries,\n the size/quantity/volume and value of the deliveries, the recipients of the deliveries\n (specific names/countries are preferred, but not necessary; if no country-specific\n information is included, the candidate is asked to provide as much generic information\n as possible about the delivery). When specifying the date for the deliveries, the\n candidate should state the date of commencement and completion. If this is not possible,\n for example if the delivery in question was performed on an ongoing basis under a\n framework agreement, licence agreement, etc., it should be stated in the description\n of the delivery how the date is specified. Only the deliveries (references) performed\n at the time of the deadline for the request to participate will be considered when\n assessing which candidate has documented the most relevant previous deliveries, see\n section administrative information. If the delivery in question is ongoing, it is\n only the part of the delivery completed at the time of the deadline for submission\n of request to participate which will be included in the assessment of the delivery\n (reference). Consequently, if a part of the delivery has not been completed at the\n time of the deadline for submission of request to participate, this particular part\n will not be included in the assessment of the delivery (reference). Therefore, it\n is important that the candidate clearly states which part (e.g. with regard to size,\n value, quantity or volume etc.) of an ongoing delivery (reference) that has been completed\n at the time of the deadline for submission of request to participate. The selection\n of candidates will be based on an evaluation of which candidates have documented the\n most relevant previous deliveries in relation to the agreement/procurement described\n in Identification above. In the evaluation, the nature of the previous deliveries\n will be taken into account. The evaluation will be based on the list of references\n submitted by the candidates in the ESPD see above. Please note that if the information\n submitted is unclear or unintelligible, this may be regarded negatively in the selection\n process. In the evaluation, DALO will take the following into account, in particular:\n - That the reference includes the delivery of Breathable Drysuits, comparable Breathable\n Drysuits are preferable. - That the reference includes larger deliveries, eg. more\n than 100 in one order. - That the reference includes delivery to a Buyer that is comparable\n to DALO eg. Public Authorities, the Danish Defence or the defence of the other countries.\n The candidate will not be required to present further documentation for the technical\n and professional capacity (i.e. the information stated in the ESPD is considered sufficient).\n However, DALO reserves the right to contact the candidate and/or the recipients of\n the deliveries in order to verify the information stated in the ESPD, including details\n on the specified dates of the performance of the deliveries.

Anvendelse af dette kriterium: Anvendt

Kriterierne vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Oplysninger om den anden fase i en procedure, der afvikles i to faser:

Mindsteantallet af ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

Det højeste antal ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

Proceduren afvikles i successive faser. I hver fase kan nogle ansøgere blive afvist

5.1.10 Tildelingskriterier

Kriterium:

Type: Pris

Navn: Price

Beskrivelse: See evaluation method in the tender material

Vægtning (procentdel, præcis): 30

Kriterium:

Type: Kvalitet

Navn: Functionality/Quality

Beskrivelse: See evaluation method in the tender material

Vægtning (procentdel, præcis): 70

5.1.11 Udbudsdokumenter

Frist for anmodning om yderligere oplysninger: 30-05-2025 08:00 +00:00

Adresse på udbudsdokumenterne: https://www.ethics.dk/ethics/eo#/595b94e1-cc69-4645-8e29-56915ba7d9d3/publicMaterial

5.1.12 Udbudsvilkår

Vilkår for indgivelse:

Elektronisk indgivelse: Påkrævet

Indgivelsesadresse: https://www.ethics.dk/ethics/eo#/595b94e1-cc69-4645-8e29-56915ba7d9d3/homepage

Sprog, som tilbud og ansøgninger om deltagelse kan indgives på: engelsk, dansk

Elektronisk katalog: Ikke tilladt

Alternative tilbud: Ikke tilladt

Tilbudsgivere kan indgive mere end ét tilbud: Ikke tilladt

Frist for modtagelse af anmodninger om deltagelse: 10-06-2025 08:00 +00:00

Betingelser for kontrakten:

Udførelsen af kontrakten skal ske inden for rammerne af programmer for beskyttet beskæftigelse: Nej

Vilkår relateret til kontraktens udførelse: The agreement contains requirements regarding labour clause, CSR requirements, international\n sanctions as well as provisions regarding risk assessment and follow-up actions; reference\n is made to the tender documents for further information. In the procurement of the\n agreement, the risk profile is assessed to the following follow-up action (risk level):\n B.

Der kræves en fortrolighedsaftale: nej

Elektronisk fakturering: Påkrævet

Der vil blive anvendt elektronisk bestilling: nej

Der vil blive anvendt elektronisk betaling: ja

Finansiel ordning: Payment shall take place no later than 30 days after the supplier has forwarded a\n satisfactory invoice to DALO. The specific payment terms will be included in the tender\n documents.

Oplysninger om undersøgelsesfrister: Pursuant to the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the\n Complaints Board for Public Procurement, the following time-limits for filing a complaint\n apply: Complaints regarding a candidate not being prequalified must be filed with\n The Complaints Board for Public Procurement within 20 calendar days starting the day\n after the contracting entity has sent notification to the candidates involved, see\n section 7(1) of the Act on The Complaints Board for Public Procurement, provided that\n the notification includes an account of the reasons for the decision. In accordance\n with section 7(2) of the Act on The Complaints Board for Public Procurement, other\n complaints must be filed with The Complaints Board for Public Procurement within:\n 1) 45 calendar days after the contracting entity has published a notice in the Official\n Journal of the European Union that the contracting entity has entered into an agreement.\n The deadline is calculated from the day after the day when the notice was published.\n 2) Thirty calendar days calculated from the day after the day when the contracting\n entity has notified the candidates concerned that an agreement based on a framework\n agreement with reopening of competition or a dynamic purchasing system has been entered\n into if the notification has included an explanation of the relevant grounds for the\n decision. 3) Six months after the contracting entity entered into a framework agreement\n calculated from the day after the day when the contracting entity notified the candidates\n and tenderers concerned, see section 2(2). The complainant must inform the contracting\n entity of the complaint in writing not later than simultaneously with the lodging\n of the complaint to The Complaints Board for Public Procurement stating whether the\n complaint has been lodged in the standstill period, see section 6(4) of the Act on\n The Complaints Board for Public Procurement. If the complaint has not been lodged\n in the standstill period, the complainant must also state whether it is requested\n that the appeal be granted suspensory effect, see section 12(1). The Complaints Board\n for Public Procurement’s own guidance note concerning complaints is available on the\n Complaints Boards website. Procurement’s own guidance note concerning complaints is\n available on the website stated in section VI.4.1).

5.1.15 Teknikker

Rammeaftale:

Rammeaftale uden fornyet iværksættelse af konkurrence

Det maksimale antal deltagere: 1

Yderligere omfattede købere: The agreement is entered into by DALO. However, all divisions of the Danish Ministry\n of Defence, including all units of the Danish Defence subject to the command of the\n Chief of Defence, is entitled to use the agreement for procurement on the terms and\n conditions of the agreement.

Oplysninger om det dynamiske indkøbssystem:

Intet dynamisk indkøbssystem

Elektronisk auktion: nej

5.1.16 Yderligere oplysninger, mægling og gennemgang

Organisation med ansvar for klager: Klagenævnet for Udbud

Organisation, der leverer supplerende oplysninger om udbudsproceduren: Danish Ministry of Defence Acquisition and Logistics Organisation

Organisation, der sikrer adgang til udbudsdokumenterne offline: Danish Ministry of Defence Acquisition and Logistics Organisation

Organisation, der leverer yderligere oplysninger om klageprocedurerne: Konkurrence- og Forbrugerstyrelsen

Organisation, der modtager ansøgninger om deltagelse: Danish Ministry of Defence Acquisition and Logistics Organisation

Organisation, der behandler tilbud: Danish Ministry of Defence Acquisition and Logistics Organisation

TED eSender: Mercell Holding ASA

2 Procedure

2.1 Procedure

Title: Framework agreement regarding Breathable Drysuits

Description: The framework agreement is concering the acquisition of 3 (three) types of Breathable\n Drysuits: - A Combat Swimmer Drysuit. - A Boarding Drysuit. - A Boat Operator Drysuit.\n The framework agreement will also concern Accessories, such as hoods and gloves as\n well as Spare Parts and Services. The Drysuits will be used for at broad variaty of\n tasks in the Danish Defence such as diving, tactical swimming, boarding operation,\n close quarter combat.

Procedure identifier: 0d23f4e4-a62a-4be5-b6ad-9ce61a4631ef

Type of procedure: Restricted

The procedure is accelerated: no

Main features of the procedure: Please note that each candidate may only submit one request for participation. The\n candidate must submit the European Single Procurement Document (ESPD) Please note\n that the candidate may rely on the capacity of other entities (e.g. a parent or sister\n company or a subcontractor), irrespective of the legal nature of the relations between\n the candidate and the entity or entities on which the candidate relies. In this case,\n the candidate must ensure that an ESPD from the entity or entities on which the candidate\n relies is submitted along with the candidate’s own ESPD. The ESPD of the entity or\n entities in question must include equivalent information. A candidate may only submit\n one request to participate. The candidate and, if relevant, the participants in the\n group of entities and/or entities on which the candidate relies, must use the ESPD,\n see section 148 of the Danish Public Procurement Act, as preliminary evidence that\n the participants are not subject to any of the exclusion grounds set out in sections\n 135 and 136 of the Danish Public Procurement Act, and that the candidate fulfils the\n suitability requirements and the selection criteria. It is not necessary for the candidate\n to sign the ESPD document. If the candidate is a group of entities (consortiums),\n the participants not submitting the request to participate must sign their ESPD document.\n Any entities relied on must also sign the ESPD. If a candidate relies on the capacity\n of other entities, see Procedure, the candidate shall upon request provide statements\n of support or other documentation proving that the candidate has access to the necessary\n economic and financial standing and/or technical and professional capacity, and that\n the entity referred to has a legal obligation to the candidate. If such documentation\n is not provided, DALO cannot take into account the economic and financial standing\n and/or the technical and professional capacity of such entity or entities. DALO has\n prepared a template (available in the electronic tender system) to be used to confirm\n the legal obligation.

2.1.1 Purpose

Main nature of the contract: Supplies

Additional nature of the contract: Services

Main classification (cpv): 37412270 Dry suits

2.1.2 Place of performance

Country subdivision (NUTS): Københavns omegn (DK012)

Country: Denmark

Additional information: The Breathable Drysuits will be used all over Denmark.

2.1.3 Value

Estimated value excluding VAT: 20.000.000 Danish krone

Maximum value of the framework agreement: 45.000.000 Danish krone

2.1.4 General information

Additional information: In accordance with section 134a of the Danish Public Procurement Act the contracting\n entity shall exclude a candidate or tenderer from participation in a procurement procedure\n where the candidate or tenderer is established in a country that is included in the\n EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the\n WTO Government Procurement Agreement or other trade agreements committing Denmark\n to open the public procurement market to tenderers established in that country. However,\n for reasons of overriding public interest, the contracting entity may refrain from\n excluding a candidate or tenderer that is subject to the ground for exclusion. It\n is stressed, however, that the voluntary grounds for exclusion in section 137 of the\n Danish Public Procurement Act do not apply for this procurement, irrespective of whether\n the text in Participation (which is system-generated) may suggest this. No particular\n legal form is required. If the agreement is awarded to a group of suppliers (e.g.\n a consortium), the participants shall undertake joint and several liability and appoint\n one supplier to represent the group. The agreement is not divided into lots since\n a division of the agreement will undermine the economies of scale obtainable by one\n agreement. It is pointed out that this procedure is subject to Article 5k of Regulation\n (EU) no. 833/2014, as amended. The provision contains a prohibition against award\n of contracts to Russian companies and Russian-controlled companies etc. (reference\n is made to Article 5k, section 1 for the exact delimitation of the operators that\n are subject to the prohibition). DALO reserves the right at any time during the tender\n process to require candidates or tenderers to prove that they are not subject to the\n prohibition, for example by requiring documentation regarding the candidates’ or tenderers’\n and any subcontractors’ place of establishment and ownership. Regarding Conditions\n of performance: As part of the request to participate, the candidate must submit a\n self-declaration on compliance with labour clauses, CSR obligations and international\n sanctions, see sections Conditions of performance. In this connection, DALO reserves\n the right, at any time during the tender process, to let the candidat rectify a missing\n or inadequately completed self-declaration. DALO has uploaded a template (available\n in the electronic tender system) which must be used as declaration. Where groups of\n entities (e.g. consortiums), including temporary joint ventures, participate jointly\n in the tender procedure, the self-declaration must be submitted separately for each\n of the participating entities. DALO reserves the right – but is not obliged – to use\n the remedies provided for in section 159(5) of the Danish Public Procurement Act if\n requests to participate or offers do not fulfil the requirements of the tender documents.\n It should be noted that irrespective of the wording of the requirements of the tender\n documents to the effect that information, declarations and documentation must be submitted,\n e.g. concerning a description of the deliverables put up for tender, DALO is not prevented\n from obtaining additional information, etc., pursuant to section 159(5), cf. section\n 159(6) of the Danish Public Procurement Act. Any questions regarding the request to\n participate must be submitted through the electronic tender system. Questions will\n be anonymised, and the answers will be posted in the electronic tender system. Questions\n received within the deadline stated in Additional information deadline will be answered\n by DALO no later than 6 days before the deadline for request to participate, see Deadline\n for receipt of request to participate. However, questions received later than the\n deadline in Additional information deadline will be answered unless the nature of\n the question makes it disproportionately onerous for DALO to answer six days before\n the deadline for request to participate. Answers to questions received later than\n 6 days before the deadline af the request to participate cannot be expected. An information\n meeting will be held after the prequalification. The date and time for the information\n meeting will be announced on Ethics without undue delay after the prequalification.\n Prior to decision on award of the agreement, DALO requires that the tenderer to whom\n DALO intends to award the agreement presents documentation for the information stated\n in the ESPD, see sections 151-155 of the Danish Public Procurement Act. DALO demands\n that the the candidate and each of the legal entities on whose economic and financial\n capacities the the candidate relies undertake joint and several liability for the\n performance of the agreement. The estimated value of the framework agreement is 20.000.000\n DKK, and the maximum value of the agreement is 45.000.000 DKK. The reason for the\n difference between the stated values is the uncertainty regarding the final value\n of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified\n estimate of the value of the agreement at the present moment, while the maximum value\n constitutes the maximum value of purchases under the agreement in its duration. The\n uncertainty regarding the final value of the framework agreement is primarily caused\n by uncertainty regarding the operational needs of the Danish Defence through the duration\n of the agreement, including in particular uncertainty about specific deployments and\n mission areas, which is not possible to foresee for the entire span of the agreement.\n Thus, changes to the operational needs of the Danish Defence compared to the existing\n situation and needs may cause a significantly larger expenditure under the agreement\n than what is expected at the moment. Regarding Candidates it is specified that DALO\n will select 5 (five) candidates by applying the criteria stated in Technical and professional\n liability, unless DALO receives no more than 5 (five) compliant requests for participation.\n Regarding Successive Reduction: DALO will not short-list during the tender procedure.\n DALO will only perform a selection in relation to the prequalification in case more\n than 5 (five) compliant request to participation is received.

Legal basis:

Directive 2014/24/EU

The 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)\n in Danish law.

2.1.6 Grounds for exclusion

Corruption: See section 135(1), para (2) of the Danish Public Procurement Act.

Participation in a criminal organisation: See section 135(1), para (1) of the Danish Public Procurement Act.

Money laundering or terrorist financing: See section 135(1), para (5) of the Danish Public Procurement Act.

Fraud: See section 135(1), para (3) of the Danish Public Procurement Act.

Child labour and other forms of trafficking in human beings: See section 135(1), para (6) of the Danish Public Procurement Act.

Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure: See section 136(3) of the Danish Public Procurement Act.

Conflict of interest due to its participation in the procurement procedure: See section 136(1) of the Danish Public Procurement Act.

Direct or indirect involvement in the preparation of this procurement procedure: See section 136, para (2) of the Danish Public Procurement Act.

Guilty of grave professional misconduct: See section 136, para (4) of the Danish Public Procurement Act.

Payment of social security contributions: See section 135(3) of the Danish Public Procurement Act.

Payment of taxes: See section 135(3) of the Danish Public Procurement Act.

Terrorist offences or offences linked to terrorist activities: See section 135(1), para (4) of the Danish Public Procurement Act.

5 Lot

5.1 Lot technical ID: LOT-0000

Title: Framework agreement regarding Breathable Drysuits

5.1.1 Purpose

Main nature of the contract: Supplies

Additional nature of the contract: Services

Main classification (cpv): 37412270 Dry suits

5.1.2 Place of performance

Country subdivision (NUTS): Københavns omegn (DK012)

Country: Denmark

Additional information: The Breathable Drysuits will be used all over Denmark.

5.1.3 Estimated duration

Duration: 4 Year

5.1.5 Value

Estimated value excluding VAT: 20.000.000 Danish krone

Maximum value of the framework agreement: 45.000.000 Danish krone

5.1.6 General information

Reserved participation: Participation is not reserved.

Procurement Project not financed with EU Funds.

The procurement is covered by the Government Procurement Agreement (GPA): yes

This procurement is also suitable for small and medium-sized enterprises (SMEs)

5.1.9 Selection criteria

Criterion:

Type: Economic and financial standing

Name: The equity ratio (calculated by dividing the candidate’s equity with the candidate’s\n total assets (equity/total assets x 100) at the end of the last 2 financial years\n available.

Description: The tenderer must have a positive equity ratio in each of the last 2 financial years\n available. The tenderer and other entities, if any, must state the 1) equity, 2) total\n assets and 3) equity ratio as key figures in the ESPD. The equity and total assets\n must be stated in DKK. If the tenderer is composed of a group of entities (e.g. consortium),\n including temporary joint ventures, the equity ratio will be calculated by dividing\n the sum of the equities of all participants with the sum of the total assets of all\n participants (the sum of equities/the sum of total assets x 100) in each of the last\n 2 financial years available. If the tenderer relies on the economic and financial\n standing of an entity or entities (e.g. a parent or sister company or a subcontractor),\n the equity ratio will be calculated by dividing the sum of the tenderer’s and the\n entity’s/entities’ equity with the sum of the tenderer’s and the entity’s/entities’\n total assets (the sum of equities/the sum of total assets x 100) in each of the last\n 2 financial years available. Upon request from DALO, the tenderer must submit the\n following documentation: Annual reports or excerpts thereof or other documentation\n stating the tenderer’s equity and total assets at the end of the last 2 financial\n years available if publication of annual reports is required under the law of the\n country in which the tenderer is established. Where groups of entities (e.g. consortiums),\n including temporary joint ventures, participate jointly in the tender procedure, the\n documentation must be provided for each of the participating entities. If the tenderer\n relies on the economic and financial standing of another entity or other entities\n (e.g. a parent or sister company or a subcontractor), the documentation must also\n be provided for each such entity or entities.

Use of this criterion: Used

Criterion:

Type: Suitability to pursue the professional activity

Use of this criterion: Not used

Criterion:

Type: Technical and professional ability

Name: Criteria for selection among the suitable candidates.

Description: A list must be provided in the ESPD of the most important similar deliveries (references),\n see Identification, carried out prior to the deadline for request to participate.\n The list should preferably include a short description of each delivery. The description\n should include a clear indication of which specific parts of the deliveries that are\n similar to the procurement described in Identification. The description should also\n include a description of the candidates’ participation/role in the performance of\n the deliveries. The description should contain information on the date of the deliveries,\n the size/quantity/volume and value of the deliveries, the recipients of the deliveries\n (specific names/countries are preferred, but not necessary; if no country-specific\n information is included, the candidate is asked to provide as much generic information\n as possible about the delivery). When specifying the date for the deliveries, the\n candidate should state the date of commencement and completion. If this is not possible,\n for example if the delivery in question was performed on an ongoing basis under a\n framework agreement, licence agreement, etc., it should be stated in the description\n of the delivery how the date is specified. Only the deliveries (references) performed\n at the time of the deadline for the request to participate will be considered when\n assessing which candidate has documented the most relevant previous deliveries, see\n section administrative information. If the delivery in question is ongoing, it is\n only the part of the delivery completed at the time of the deadline for submission\n of request to participate which will be included in the assessment of the delivery\n (reference). Consequently, if a part of the delivery has not been completed at the\n time of the deadline for submission of request to participate, this particular part\n will not be included in the assessment of the delivery (reference). Therefore, it\n is important that the candidate clearly states which part (e.g. with regard to size,\n value, quantity or volume etc.) of an ongoing delivery (reference) that has been completed\n at the time of the deadline for submission of request to participate. The selection\n of candidates will be based on an evaluation of which candidates have documented the\n most relevant previous deliveries in relation to the agreement/procurement described\n in Identification above. In the evaluation, the nature of the previous deliveries\n will be taken into account. The evaluation will be based on the list of references\n submitted by the candidates in the ESPD see above. Please note that if the information\n submitted is unclear or unintelligible, this may be regarded negatively in the selection\n process. In the evaluation, DALO will take the following into account, in particular:\n - That the reference includes the delivery of Breathable Drysuits, comparable Breathable\n Drysuits are preferable. - That the reference includes larger deliveries, eg. more\n than 100 in one order. - That the reference includes delivery to a Buyer that is comparable\n to DALO eg. Public Authorities, the Danish Defence or the defence of the other countries.\n The candidate will not be required to present further documentation for the technical\n and professional capacity (i.e. the information stated in the ESPD is considered sufficient).\n However, DALO reserves the right to contact the candidate and/or the recipients of\n the deliveries in order to verify the information stated in the ESPD, including details\n on the specified dates of the performance of the deliveries.

Use of this criterion: Used

The criteria will be used to select the candidates to be invited for the second stage of the procedure

Information about the second stage of a two-stage procedure:

Minimum number of candidates to be invited for the second stage of the procedure: 5

Maximum number of candidates to be invited for the second stage of the procedure: 5

The procedure will take place in successive stages. At each stage, some participants may be eliminated

5.1.10 Award criteria

Criterion:

Type: Price

Name: Price

Description: See evaluation method in the tender material

Weight (percentage, exact): 30

Criterion:

Type: Quality

Name: Functionality/Quality

Description: See evaluation method in the tender material

Weight (percentage, exact): 70

5.1.11 Procurement documents

Deadline for requesting additional information: 30-05-2025 08:00 +00:00

Address of the procurement documents: https://www.ethics.dk/ethics/eo#/595b94e1-cc69-4645-8e29-56915ba7d9d3/publicMaterial

5.1.12 Terms of procurement

Terms of submission:

Electronic submission: Required

Address for submission: https://www.ethics.dk/ethics/eo#/595b94e1-cc69-4645-8e29-56915ba7d9d3/homepage

Languages in which tenders or requests to participate may be submitted: English, Danish

Electronic catalogue: Not allowed

Variants: Not allowed

Tenderers may submit more than one tender: Not allowed

Deadline for receipt of requests to participate: 10-06-2025 08:00 +00:00

Terms of contract:

The execution of the contract must be performed within the framework of sheltered employment programmes: No

Conditions relating to the performance of the contract: The agreement contains requirements regarding labour clause, CSR requirements, international\n sanctions as well as provisions regarding risk assessment and follow-up actions; reference\n is made to the tender documents for further information. In the procurement of the\n agreement, the risk profile is assessed to the following follow-up action (risk level):\n B.

A non-disclosure agreement is required: no

Electronic invoicing: Required

Electronic ordering will be used: no

Electronic payment will be used: yes

Financial arrangement: Payment shall take place no later than 30 days after the supplier has forwarded a\n satisfactory invoice to DALO. The specific payment terms will be included in the tender\n documents.

Information about review deadlines: Pursuant to the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the\n Complaints Board for Public Procurement, the following time-limits for filing a complaint\n apply: Complaints regarding a candidate not being prequalified must be filed with\n The Complaints Board for Public Procurement within 20 calendar days starting the day\n after the contracting entity has sent notification to the candidates involved, see\n section 7(1) of the Act on The Complaints Board for Public Procurement, provided that\n the notification includes an account of the reasons for the decision. In accordance\n with section 7(2) of the Act on The Complaints Board for Public Procurement, other\n complaints must be filed with The Complaints Board for Public Procurement within:\n 1) 45 calendar days after the contracting entity has published a notice in the Official\n Journal of the European Union that the contracting entity has entered into an agreement.\n The deadline is calculated from the day after the day when the notice was published.\n 2) Thirty calendar days calculated from the day after the day when the contracting\n entity has notified the candidates concerned that an agreement based on a framework\n agreement with reopening of competition or a dynamic purchasing system has been entered\n into if the notification has included an explanation of the relevant grounds for the\n decision. 3) Six months after the contracting entity entered into a framework agreement\n calculated from the day after the day when the contracting entity notified the candidates\n and tenderers concerned, see section 2(2). The complainant must inform the contracting\n entity of the complaint in writing not later than simultaneously with the lodging\n of the complaint to The Complaints Board for Public Procurement stating whether the\n complaint has been lodged in the standstill period, see section 6(4) of the Act on\n The Complaints Board for Public Procurement. If the complaint has not been lodged\n in the standstill period, the complainant must also state whether it is requested\n that the appeal be granted suspensory effect, see section 12(1). The Complaints Board\n for Public Procurement’s own guidance note concerning complaints is available on the\n Complaints Boards website. Procurement’s own guidance note concerning complaints is\n available on the website stated in section VI.4.1).

5.1.15 Techniques

Framework agreement:

Framework agreement, without reopening of competition

Maximum number of participants: 1

Additional buyer coverage: The agreement is entered into by DALO. However, all divisions of the Danish Ministry\n of Defence, including all units of the Danish Defence subject to the command of the\n Chief of Defence, is entitled to use the agreement for procurement on the terms and\n conditions of the agreement.

Information about the dynamic purchasing system:

No dynamic purchase system

Electronic auction: no

5.1.16 Further information, mediation and review

Review organisation: Klagenævnet for Udbud

Organisation providing additional information about the procurement procedure: Danish Ministry of Defence Acquisition and Logistics Organisation

Organisation providing offline access to the procurement documents: Danish Ministry of Defence Acquisition and Logistics Organisation

Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen

Organisation receiving requests to participate: Danish Ministry of Defence Acquisition and Logistics Organisation

Organisation processing tenders: Danish Ministry of Defence Acquisition and Logistics Organisation

TED eSender: Mercell Holding ASA