Out - and Indoor Training Shoes

The Agreement concerns the purchase and delivery of out- and indoor training shoes to the Danish Defence, Danish Emergency Management Agency, and military national teams, and for physical education and training of conscripts and military personnel. The Buyer intends to use the Deliverables (out- and indoor shoes) in Denmark. The …

CPV: 18822000 Training shoes, 18800000 Footwear
Place of execution:
Out - and Indoor Training Shoes
Awarding body:
Danish Ministry of Defence Acquisition and Logistics Organisation
Award number:
2023/021558

1. Buyer

1.1 Buyer

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation
Legal type of the buyer : Central government authority
Activity of the contracting authority : Defence

2. Procedure

2.1 Procedure

Title : Out - and Indoor Training Shoes
Description : The Agreement concerns the purchase and delivery of out- and indoor training shoes to the Danish Defence, Danish Emergency Management Agency, and military national teams, and for physical education and training of conscripts and military personnel. The Buyer intends to use the Deliverables (out- and indoor shoes) in Denmark. The training will take place thoughout the year primarily outdoor in spring, summer and autumn, and indoor in the winter time. The training shoes will be in use under outdoor training, in forests, on roads, gravel trails, military obstacle courses and indoor shoes will be used in the fitness room or gym. The composition of shoes in the offer is not subject to be of same brand/model. Where "DALO" is stated in the Agreement, this shall mean that only DALO shall be entitled to enforce the relevant provision of the Agreement, even though the Agreement is used by other authorities under the Ministry of Defence.
Procedure identifier : cec9eb8a-04aa-4659-ba7a-3995afa39011
Previous notice : c30e9bc7-b141-45db-b23d-264ebe8bbb1e-01
Internal identifier : 2023/021558
Type of procedure : Open
The procedure is accelerated : no
Justification for the accelerated procedure :
Main features of the procedure : As part of its offer, the tenderer must submit the European Single Procurement Document (ESPD). Please note that a tenderer may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor), irrespective of the legal nature of the relations between the tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer must ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer’s own ESPD. The ESPD of the entity or entities in question must include equivalent information. A tenderer may only submit one offer. The tenderer and, if relevant, the participants in the group of entities and/or entities on which the tenderer relies, must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. Any entities relied on must also sign the ESPD. If a tenderer relies on the capacity of other entities, see this contract notice, the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing and/or technical and professional capacity, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot take into account the economic and financial standing and/or the technical and professional capacity of such entity or entities. DALO has prepared a template (available in the electronic tender system) to be used to confirm the legal obligation.

2.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 18822000 Training shoes
Additional classification ( cpv ): 18800000 Footwear

2.1.2 Place of performance

Postal address : Paul Bergsøes Vej 47, port 8-14
Town : Glostrup
Postcode : 2600
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Additional information : JD Logistik Att. Kasper Ditlev Jacobsen This adress is used when nothing else is stipulated by the buyer in a specific purchase order.

2.1.2 Place of performance

Postal address : Arsenalvej 33
Town : Hjørring
Postcode : 9800
Country subdivision (NUTS) : Nordjylland ( DK050 )
Country : Denmark
Additional information : Supply Chain Division (SCD) Munderingshoveddepotet, bygn. 19. The buyer may choose this adress.

2.1.3 Value

Estimated value excluding VAT : 20 000 000 Danish krone
Maximum value of the framework agreement : 60 000 000 Danish krone

2.1.4 General information

Additional information : The specific value set out in the contract award notice is the evaluation-technical price of the successful offer and thus does not reflect the final value of the contract, nor is DALO obliged to make purchases corresponding to that value. In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a tenderer from participation in a procurement procedure where the 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 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 other text in this contract notice 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 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. 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 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 tenderer and each of the legal entities on whose economic and financial capacities the tenderer 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 60.000.000 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 due to the fact that financial resources may be reallocated and/or injected during the term of the framework agreement on the basis of various factors and influences, such as changes in the resources needed or changes in the geopolitical situation. If more funds are allocated than expected, this will likely lead to a larger expenditure under the framework agreement. The offer shall be in the language stated in this contract notice. However, the tenderer may submit the following documentation in Danish: - The offer - Documentation for requirements in Appendix A
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) in Danish law.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Out - and Indoor Training Shoes
Description : The Agreement concerns the purchase and delivery of out- and indoor training shoes to the Danish Defence, Danish Emergency Management Agency, and military national teams, and for physical education and training of conscripts and military personnel. The Buyer intends to use the Deliverables (out- and indoor shoes) in Denmark. The training will take place thoughout the year primarily outdoor in spring, summer and autumn, and indoor in the winter time. The training shoes will be in use under outdoor training, in forests, on roads, gravel trails, military obstacle courses and indoor shoes will be used in the fitness room or gym. The composition of shoes in the offer is not subject to be of same brand/model. Where "DALO" is stated in the Agreement, this shall mean that only DALO shall be entitled to enforce the relevant provision of the Agreement, even though the Agreement is used by other authorities under the Ministry of Defence.
Internal identifier : 2023/021558

5.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 18822000 Training shoes
Additional classification ( cpv ): 18800000 Footwear

5.1.2 Place of performance

Postal address : Paul Bergsøes Vej 47, port 8-14
Town : Glostrup
Postcode : 2600
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Additional information : JD Logistik Att. Kasper Ditlev Jacobsen This adress is used when nothing else is stipulated by the buyer in a specific purchase order.

5.1.2 Place of performance

Postal address : Arsenalvej 33
Town : Hjørring
Postcode : 9800
Country subdivision (NUTS) : Nordjylland ( DK050 )
Country : Denmark
Additional information : Supply Chain Division (SCD) Munderingshoveddepotet, bygn. 19. The buyer may choose this adress.

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 : 60 000 000 Danish krone

5.1.6 General information

Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : yes
Additional information : The specific value set out in the contract award notice is the evaluation-technical price of the successful offer and thus does not reflect the final value of the contract, nor is DALO obliged to make purchases corresponding to that value. In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude a tenderer from participation in a procurement procedure where the 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 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 other text in this contract notice 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 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. 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 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 tenderer and each of the legal entities on whose economic and financial capacities the tenderer 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 60.000.000 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 due to the fact that financial resources may be reallocated and/or injected during the term of the framework agreement on the basis of various factors and influences, such as changes in the resources needed or changes in the geopolitical situation. If more funds are allocated than expected, this will likely lead to a larger expenditure under the framework agreement. The offer shall be in the language stated in this contract notice. However, the tenderer may submit the following documentation in Danish: - The offer - Documentation for requirements in Appendix A

5.1.10 Award criteria

Criterion :
Type : Price
Name : Evaluation price
Description : In order to determine which offer has the best price-quality ratio DALO will use a scoring model with fixed financial frame to compile the grade for the sub-criterion "Price".
Weight (percentage, exact) : 30
Criterion :
Type : Quality
Name : Quality
Description : The Quality will be graded according to the described user tests.
Weight (percentage, exact) : 70
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.12 Terms of procurement

Information about review deadlines : Pursuant to section 7(2) of the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply: 1) Forty-five calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published. 2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision. 3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2), or section 171(4) of the Public Procurement Act. The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 3(1) or (2). In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1). The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.

5.1.15 Techniques

Framework agreement :
Framework agreement, without reopening of competition
Additional buyer coverage : 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 for procurement on the terms and conditions of the agreement.
Information about the dynamic purchasing system :
No dynamic purchase system

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 signing the contract : Danish Ministry of Defence Acquisition and Logistics Organisation
TED eSender : Mercell Holding ASA

6. Results

Value of all contracts awarded in this notice : 29 637 600 Danish krone
Maximum value of the framework agreements in this procedure : 60 000 000 Danish krone
Approximate value of the framework agreements : 20 000 000 Danish krone

6.1 Result lot ldentifier : LOT-0000

At least one winner was chosen.
Framework agreement :
Maximum value of the framework agreement : 60 000 000 Danish krone
Re-estimated value of the framework agreement : 20 000 000 Danish krone

6.1.2 Information about winners

Winner :
Official name : New Balance Denmark ApS
Tender :
Tender identifier : Tender by New Balance Denmark ApS
Identifier of lot or group of lots : LOT-0000
Value of the tender : 29 637 600 Danish krone
The tender was ranked : no
The tender is a variant : no
Subcontracting : No
Contract information :
Identifier of the contract : 4600007507
Title : Out- and indoor training shoes
Date on which the winner was chosen : 21/10/2024
Date of the conclusion of the contract : 20/11/2024
The contract is awarded within a framework agreement : yes
Organisation signing the contract : Danish Ministry of Defence Acquisition and Logistics Organisation

6.1.4 Statistical information

Received tenders or requests to participate :
Type of received submissions : Tenders
Number of tenders or requests to participate received : 1

8. Organisations

8.1 ORG-0001

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation
Registration number : ORG-16-28-71-80
Postal address : Lautrupbjerg 1-5
Town : Ballerup
Postcode : 2750
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Contact point : Tine Christina Olsen
Telephone : 24210967
Internet address : https://www.fmi.dk
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation signing the contract

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : ORG-37795526
Postal address : Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Vestjylland ( DK041 )
Country : Denmark
Contact point : Klagenævnet for Udbud
Telephone : +45 72405600
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : ORG-10294819
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Contact point : Konkurrence- og Forbrugerstyrelsen
Telephone : +45 41715000
Internet address : https://www.kfst.dk
Information exchange endpoint (URL) : https://www.kfst.dk
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0004

Official name : New Balance Denmark ApS
Size of the economic operator : Micro, small, or medium
Registration number : 38009303
Postal address : Indkildevej 6D, 1.
Town : Aalborg SØ
Postcode : 9210
Country subdivision (NUTS) : Nordjylland ( DK050 )
Country : Denmark
Telephone : 40190060
Roles of this organisation :
Tenderer
Winner of these lots : LOT-0000

8.1 ORG-0005

Official name : Mercell Holding ASA
Registration number : 980921565
Postal address : Askekroken 11
Town : Oslo
Postcode : 0277
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Contact point : eSender
Telephone : +47 21018800
Fax : +47 21018801
Internet address : http://mercell.com/
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : 50fc1418-bf68-4689-a66c-297f1105df69 - 01
Form type : Result
Notice type : Contract or concession award notice – standard regime
Notice dispatch date : 27/11/2024 13:14 +00:00
Notice dispatch date (eSender) : 27/11/2024 13:15 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00728212-2024
OJ S issue number : 232/2024
Publication date : 28/11/2024