Additional information
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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 Participation (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. 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 candidates or tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the candidates’ or tenderers’ and any subcontractors’ place of establishment and ownership. Regarding Conditions of performance: As part of the request to participate, the candidate must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, see sections Conditions of performance. In this connection, DALO reserves the right, at any time during the tender process, to let the candidat 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 requests to participate or 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. Any questions regarding the request to participate must be submitted through the electronic tender system. Questions will be anonymised, and the answers will be posted in the electronic tender system. Questions received within the deadline stated in Additional information deadline will be answered by DALO no later than 6 days before the deadline for request to participate, see Deadline for receipt of request to participate. However, questions received later than the deadline in Additional information deadline will be answered unless the nature of the question makes it disproportionately onerous for DALO to answer six days before the deadline for request to participate. Answers to questions received later than 6 days before the deadline af the request to participate cannot be expected. An information meeting will be held after the prequalification. The date and time for the information meeting will be announced on Ethics without undue delay after the prequalification. 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 the candidate and each of the legal entities on whose economic and financial capacities the the candidate 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 45.000.000 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 caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, including in particular uncertainty about specific deployments and mission areas, which is not possible to foresee for the entire span of the agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significantly larger expenditure under the agreement than what is expected at the moment. Regarding Candidates it is specified that DALO will select 5 (five) candidates by applying the criteria stated in Technical and professional liability, unless DALO receives no more than 5 (five) compliant requests for participation. Regarding Successive Reduction: DALO will not short-list during the tender procedure. DALO will only perform a selection in relation to the prequalification in case more than 5 (five) compliant request to participation is received.