Additional information
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The Contract 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 Contract for procurement on the terms and conditions of the Contract. In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or 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 candidate or 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 the text in this announcement (which is system-generated) 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. 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. Regarding CSR: 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 Contract, DALO requires that the tenderer to whom DALO intends to award the Contract presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. The estimated value of the two Contracts are DKK 4500000, and the maximum value of the two Contracts is DKK 6000000. The reason for the difference between the stated values is the uncertainty regarding the final value of the Contracts, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the Contracts at the present moment, while the maximum value constitutes the maximum value of purchases under the Contracts in their duration. The uncertainty regarding the final value of the Contracts is primarily due to the fact that financial resources may be reallocated and/or injected during the term of the Contracts on the basis of various external factors and influences, such as changes in the resources needed or changes in the geopolitical situation. If more funds are allocated to cover than expected, this will likely lead to a larger expenditure under the Contracts . The offer shall be in the language stated in English. However, the tenderer may submit documents/certificates in English and/or Danish