1.1 Buyer
Official name
:
Danish Ministry of Defence Acquisition and Logistics Organisation
The buyer is a contracting entity
Nordic Combat Uniform (NCU 2.0)
This tender concerns a joint procurement of the Nordic Combat Uniform (NCU) system between the Danish Ministry of Defence Acquisition and Logistics Organisation (the Purchaser), the Swedish Defence Materiel Administration (FMV) and the Norwegian Defence Materiel Agency (NDMA). The purpose of the tender is to establish a non-exclusive framework agreement …
CPV: 35812000 Uniformes de combate, 18100000 Ropa de trabajo, ropa de trabajo especial y accesorios, 18200000 Ropa exterior, 18220000 Ropa para la intemperie, 18310000 Ropa interior, 18330000 Camisetas y camisas, 35811300 Uniformes militares
1. Buyer
1.1 Buyer
Official name
:
FMV - Försvarets Materielverk/Swedish Defence Materiel Administration
The buyer is a contracting entity
1.1 Buyer
Official name
:
Norwegian Defence Materiel Agency (NDMA) - Forsvarsmateriell
The buyer is a contracting entity
2. Procedure
2.1 Procedure
Title
:
Nordic Combat Uniform (NCU 2.0)
Description
:
This tender concerns a joint procurement of the Nordic Combat Uniform (NCU) system between the Danish Ministry of Defence Acquisition and Logistics Organisation (the Purchaser), the Swedish Defence Materiel Administration (FMV) and the Norwegian Defence Materiel Agency (NDMA). The purpose of the tender is to establish a non-exclusive framework agreement for each of the above mentioned national administrative entities that allows each entity to procure the items of the NCU system. With the exception of the provisions regarding governing law and dispute resolution the framework agreement will be identical for each of the participating national administrative entities. However, each national participating entity will enter its separate framework agreement with the supplier awarded the framework agreement. For each framework agreement applicable law for contractual disputes will be the national law of the nation of the relevant contracting authority. The NCU system is soldier clothing next to skin and ends at the outermost area providing a shell cover. The different elements in conjunction with other or by themselves are designed to contribute to the soldiers’ ability to withstand the demands, threats and hazards in order to solve the tasks at hand. The NCU system consists of various items enabling the soldier to perform and survive in combat missions. The aim of the NCU system is to provide the soldier with protection against threats to the soldier in his/her operating environments. The NCU system is meant to supplement the existing combat uniform system, including outer, mid and inner layers under the concept 'more of the same'. The combat uniform system is for any gender soldier within any military service. The NCU system is for use in all geographical areas where the three nations are or could be engaged in military operations. The Framework Agreement shall cover any need of the various items included in the NCU system. The inner and mid layers are configured in knitting material made of wool and compositions of wool. It is anticipated to be demanded as an example in the range of 500.000 to 1.000.000 pcs. yearly. Please notice that the figures given are exemplified estimates and may be subject to change. The outer layers including combat, insulation and rain layers are likewise anticipated to be demanded as an example in the range of 400.000 – 800.000 pcs. yearly. Please notice that the given figures given are exemplified estimates and may be subject to change.
Procedure identifier
:
67c975de-9ea9-479e-9d85-b47743208c31
Internal identifier
:
2023/021704
Type of procedure
:
Negotiated with prior publication of a call for competition / competitive with negotiation
The procedure is accelerated
:
no
Justification for the accelerated procedure
:
Main features of the procedure
:
Please note that each candidate may only submit one request for participation. The Purchaser has prepared a prequalification questionnaire (“PQQ”) which the candidates are encouraged to use when submitting their applications. The PQQ contains forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements. The PQQ is available at the electronic procurement system. When submitting the offer (but not the request for participation/prequalification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the mandatory grounds for exclusion stated in Article 39(1) of the Defence and Security Directive and section 134 a of Act no. 1564 of 15 December 2015, as amended (the “Public Procurement Act”), and (2) to which degree the tenderer has unpaid overdue debt in relation to taxes or social security contributions under Danish law or under the law of the country in which the tenderer is established. A template for the declaration will be provided with the tender documents, which the tenderer may use. If the tenderer is composed of a group of entities (e.g. a consortium), including temporary joint ventures, a declaration must be submitted for each participating entity. Even if a candidate or a tenderer is subject to an exclusion ground, it will not be excluded if it has provided sufficient documentation that it is reliable. The Purchaser will decide whether the documentation is sufficient. The Purchaser’s assessment will be made according to the guidelines in section 138(1)-(4) of the Danish Act no. 1564 of 15 December 2015, as amended (the “Public Procurement Act”). The Purchaser reserve the right to award the agreement based on the first indicative offer or any subsequent indicative offer. According to the Defence and Security Directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate intends to rely on other entities and wants the capacity of such entities to be taken into account when the Purchaser assess the suitability of the candidate, the candidate must prove that the other entities will and are obliged to provide the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the PQQ referred to above. The Purchaser has prepared a cover letter, which the candidates are encouraged to use when submitting the application for participation also available at the electronic procurement system platform.
2.1.1 Purpose
Main nature of the contract
:
Supplies
Main classification
(
cpv
):
35812000
Combat uniforms
Additional classification
(
cpv
):
18100000
Occupational clothing, special workwear and accessories
Additional classification
(
cpv
):
18200000
Outerwear
Additional classification
(
cpv
):
18220000
Weatherproof clothing
Additional classification
(
cpv
):
18310000
Underwear
Additional classification
(
cpv
):
18330000
T-shirts and shirts
Additional classification
(
cpv
):
35811300
Military uniforms
2.1.2 Place of performance
Country subdivision (NUTS)
:
Nordjylland
(
DK050
)
Country
:
Denmark
2.1.2 Place of performance
Country subdivision (NUTS)
:
Västmanlands län
(
SE125
)
Country
:
Sweden
2.1.2 Place of performance
Country
:
Norway
Anywhere in the given country
2.1.3 Value
Estimated value excluding VAT
:
1 000 000 000
Euro
Maximum value of the framework agreement
:
2 500 000 000
Euro
2.1.4 General information
Additional information
:
In accordance with section 134 a 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 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. 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). The Purchaser 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. As part of the request to participate, the candidate must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. The Purchaser reserves the right, at any time during the tender process, to let the candidate rectify a missing or inadequately completed self-declaration. The Purchaser has uploaded a template, Self-declaration (available in the electronic tender system) which must be used, when submitting the application. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the declaration must be provided separately for each of the participating entities. The Contracting Authorities reserve the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Act no. 1564 of 15 December 2015, as amended, the 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, the Purchaser is not prevented from obtaining additional information, etc., pursuant to the procedure in section 159(5), cf. section 159(6) of the 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 5.1.11 in this contract notice will be answered by the Purchaser no later than 6 days before the deadline for request to participate, see 5.1.12 in this contract notice. However, questions received later than the deadline in 5.1.11 in this contract notice will be answered unless the nature of the question makes it disproportionately onerous for contracting authorities to answer six days before the deadline for request to participate. Answers to questions received later than 6 days before the deadline of the request to participate cannot be expected. On 03. September 2024 at 11:00 CET a digital information meeting will be held for all interested parties via Microsoft TEAMS. In order to participate candidates are kindly asked to inform via the electronic tender system no later than three days before the meeting is held that the candidate will participate in the meeting. Participants who have signed up for the information meeting will receive a link for the video conference. During the meeting, the Purchaser will explain the background of the tender procedure and the purpose of the procurement. General information as to the structure and content of the tender documents will also be provided. Participants must provide the following information: Company name, the full names of the participant(s) and the e-mail to whom the link for the meeting should be sent to. Questions may be asked during the information meeting. However, the Purchaser reserves the right to refer the participants to present the questions in writing instead if, according to the Purchaser, it is not suitable or possible to answer such questions during the meeting. The Purchaser will prepare a brief MoM of the information meeting which will subsequently be uploaded to the electronic tender system. The Purchaser demands that the candidate and each of the legal entities on whose economic and financial capacities the candidate relies, undertake joint and several liability for the performance of the agreement. The estimated value of the framework agreement is 1.000.000.000 EUR, and the maximum value of the framework agreement is 2.500.000.000 EUR. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, see below. Hence, the estimated value constitutes the Purchaser’s most qualified estimate of the value of the framework agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration. The uncertainty regarding the final value of the framework agreement is caused by multiple factors. For one, the durability of the delivered clothing will very likely vary from supplier to supplier. The rate of replacement per item is a significant factor for the actual number of items required throughout the duration of the framework agreement. Therefore, this factor creates uncertainty regarding the total number of items requested and accordingly the actual financial value of the framework agreement. In the same way the amount of personnel requiring clothing is likely to be changed throughout the duration of the framework agreement. In case one or more of the participating nations increase their number of conscripts or extend the duration of their conscripts’ service this will have an impact on the actual number of items required throughout the duration of the framework agreement and affect the financial value accordingly. Furthermore, the uncertainty regarding the final value of the framework agreement is caused by the uncertainty related to the initial pricing as well as the price development throughout the duration of the framework agreement. The contracting authorities foresee a significant spread in the initial pricing which combined with the uncertainty related to the price development throughout the duration of the framework agreement potentially will have a severe impact on the actual financial value of the framework agreement. Also, various external factors such as changes in the geopolitical situation is a factor that potentially may have a significant impact on the actual financial value of the framework agreement as this may call for participation in more international operations on a global scale. In case the Purchaser receives less than 4 compliant requests for participation the Purchaser reserves the right to continue the tender process with less than 4 prequalified candidates. The selection will be based on an assessment of criteria 1 (References), 2 (Security of Supply), and 3 (Environmental targets) under the section for Technical and Professional Capacity above. The selection will be carried out in accordance with selection criteria 1 (References), 2 (Security of Supply), and 3 (Environmental targets) under the section for Technical and Professional Capacity. Each selection criteria respectively contains a description of which subject matter that is assessed positively in the selection. For the overall assessment of the candidates request to participate selection criteria 1 and 2 will be emphasized twice as much as selection criterion 3.
Legal basis
:
Directive 2009/81/EC
Ministerial Order No. 1077 of 29 June 2022.
-
The Ministerial Order, which also contains supplementary provisions, implements the Defence and Security Directive (Directive 2009/81/EC) in Danish law.
Applicable cross-border law
:
Danish procurement law and regulation will be applicable for any disputes and/or complaints regarding the tender proces.
2.1.6 Grounds for exclusion
Corruption
:
See Article 39(1)(b) of the Defense and Security Directive.
Participation in a criminal organisation
:
See Article 39(1)(a) of the Defense and Security Directive.
Money laundering or terrorist financing
:
See Article 39(1)(e) of the Defense and Security Directive.
Fraud
:
See Article 39(1)(c) of the Defense and Security Directive.
Payment of social security contributions
:
The Purchaser will exclude a candidate which has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to social security contributions under Danish law or under the law of the country in which the candidate is established, unless the candidate has provided or will provide collateral for the overdue debt or has entered into an installment agreement which has not been breached.
Payment of taxes
:
The Purchaser will exclude a candidate which has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to taxes under Danish law or under the law of the country in which the candidate is established, unless the candidate has provided or will provide collateral for the overdue debt or has entered into an instalment agreement which has not been breached
Terrorist offences or offences linked to terrorist activities
:
See Article 39(1)(d) of the Defense and Security Directive.
5. Lot
5.1 Lot technical ID : LOT-0000
Title
:
Nordic Combat Uniform (NCU 2.0)
Description
:
This tender concerns a joint procurement of the Nordic Combat Uniform (NCU) system between the Danish Ministry of Defence Acquisition and Logistics Organisation (the Purchaser), the Swedish Defence Materiel Administration (FMV) and the Norwegian Defence Materiel Agency (NDMA). The purpose of the tender is to establish a non-exclusive framework agreement for each of the above mentioned national administrative entities that allows each entity to procure the items of the NCU system. With the exception of the provisions regarding governing law and dispute resolution the framework agreement will be identical for each of the participating national administrative entities. However, each national participating entity will enter its separate framework agreement with the supplier awarded the framework agreement. For each framework agreement applicable law for contractual disputes will be the national law of the nation of the relevant contracting authority. The NCU system is soldier clothing next to skin and ends at the outermost area providing a shell cover. The different elements in conjunction with other or by themselves are designed to contribute to the soldiers’ ability to withstand the demands, threats and hazards in order to solve the tasks at hand. The NCU system consists of various items enabling the soldier to perform and survive in combat missions. The aim of the NCU system is to provide the soldier with protection against threats to the soldier in his/her operating environments. The NCU system is meant to supplement the existing combat uniform system, including outer, mid and inner layers under the concept 'more of the same'. The combat uniform system is for any gender soldier within any military service. The NCU system is for use in all geographical areas where the three nations are or could be engaged in military operations. The Framework Agreement shall cover any need of the various items included in the NCU system. The inner and mid layers are configured in knitting material made of wool and compositions of wool. It is anticipated to be demanded as an example in the range of 500.000 to 1.000.000 pcs. yearly. Please notice that the figures given are exemplified estimates and may be subject to change. The outer layers including combat, insulation and rain layers are likewise anticipated to be demanded as an example in the range of 400.000 – 800.000 pcs. yearly. Please notice that the given figures given are exemplified estimates and may be subject to change.
Internal identifier
:
2023/021704
5.1.1 Purpose
Main nature of the contract
:
Supplies
Main classification
(
cpv
):
35812000
Combat uniforms
Additional classification
(
cpv
):
18100000
Occupational clothing, special workwear and accessories
Additional classification
(
cpv
):
18200000
Outerwear
Additional classification
(
cpv
):
18220000
Weatherproof clothing
Additional classification
(
cpv
):
18310000
Underwear
Additional classification
(
cpv
):
18330000
T-shirts and shirts
Additional classification
(
cpv
):
35811300
Military uniforms
5.1.2 Place of performance
Country subdivision (NUTS)
:
Nordjylland
(
DK050
)
Country
:
Denmark
Additional information
:
5.1.2 Place of performance
Country subdivision (NUTS)
:
Västmanlands län
(
SE125
)
Country
:
Sweden
Additional information
:
5.1.2 Place of performance
Country
:
Norway
Anywhere in the given country
Additional information
:
5.1.3 Estimated duration
Duration
:
7
Year
5.1.4 Renewal
Maximum renewals
:
1
The buyer reserves the right for additional purchases from the contractor, as described
here
:
The ordinary duration of the framework agreement is six (6) years. The framework agreement can be extended one (1) time by one (1) year.
5.1.5 Value
Estimated value excluding VAT
:
1 000 000 000
Euro
Maximum value of the framework agreement
:
2 500 000 000
Euro
5.1.6 General information
This is a recurrent procurement
Description
:
The next follow up Contract Notice is expected to be published in 2032.
Reserved participation
:
Participation is not reserved.
Procurement Project not financed with EU Funds.
Information about previous notices
:
Identifier of the previous notice
:
600924-2023
Additional information
:
In accordance with section 134 a 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 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. 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). The Purchaser 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. As part of the request to participate, the candidate must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. The Purchaser reserves the right, at any time during the tender process, to let the candidate rectify a missing or inadequately completed self-declaration. The Purchaser has uploaded a template, Self-declaration (available in the electronic tender system) which must be used, when submitting the application. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the declaration must be provided separately for each of the participating entities. The Contracting Authorities reserve the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Act no. 1564 of 15 December 2015, as amended, the 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, the Purchaser is not prevented from obtaining additional information, etc., pursuant to the procedure in section 159(5), cf. section 159(6) of the 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 5.1.11 in this contract notice will be answered by the Purchaser no later than 6 days before the deadline for request to participate, see 5.1.12 in this contract notice. However, questions received later than the deadline in 5.1.11 in this contract notice will be answered unless the nature of the question makes it disproportionately onerous for contracting authorities to answer six days before the deadline for request to participate. Answers to questions received later than 6 days before the deadline of the request to participate cannot be expected. On 03. September 2024 at 11:00 CET a digital information meeting will be held for all interested parties via Microsoft TEAMS. In order to participate candidates are kindly asked to inform via the electronic tender system no later than three days before the meeting is held that the candidate will participate in the meeting. Participants who have signed up for the information meeting will receive a link for the video conference. During the meeting, the Purchaser will explain the background of the tender procedure and the purpose of the procurement. General information as to the structure and content of the tender documents will also be provided. Participants must provide the following information: Company name, the full names of the participant(s) and the e-mail to whom the link for the meeting should be sent to. Questions may be asked during the information meeting. However, the Purchaser reserves the right to refer the participants to present the questions in writing instead if, according to the Purchaser, it is not suitable or possible to answer such questions during the meeting. The Purchaser will prepare a brief MoM of the information meeting which will subsequently be uploaded to the electronic tender system. The Purchaser demands that the candidate and each of the legal entities on whose economic and financial capacities the candidate relies, undertake joint and several liability for the performance of the agreement. The estimated value of the framework agreement is 1.000.000.000 EUR, and the maximum value of the framework agreement is 2.500.000.000 EUR. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, see below. Hence, the estimated value constitutes the Purchaser’s most qualified estimate of the value of the framework agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration. The uncertainty regarding the final value of the framework agreement is caused by multiple factors. For one, the durability of the delivered clothing will very likely vary from supplier to supplier. The rate of replacement per item is a significant factor for the actual number of items required throughout the duration of the framework agreement. Therefore, this factor creates uncertainty regarding the total number of items requested and accordingly the actual financial value of the framework agreement. In the same way the amount of personnel requiring clothing is likely to be changed throughout the duration of the framework agreement. In case one or more of the participating nations increase their number of conscripts or extend the duration of their conscripts’ service this will have an impact on the actual number of items required throughout the duration of the framework agreement and affect the financial value accordingly. Furthermore, the uncertainty regarding the final value of the framework agreement is caused by the uncertainty related to the initial pricing as well as the price development throughout the duration of the framework agreement. The contracting authorities foresee a significant spread in the initial pricing which combined with the uncertainty related to the price development throughout the duration of the framework agreement potentially will have a severe impact on the actual financial value of the framework agreement. Also, various external factors such as changes in the geopolitical situation is a factor that potentially may have a significant impact on the actual financial value of the framework agreement as this may call for participation in more international operations on a global scale. In case the Purchaser receives less than 4 compliant requests for participation the Purchaser reserves the right to continue the tender process with less than 4 prequalified candidates. The selection will be based on an assessment of criteria 1 (References), 2 (Security of Supply), and 3 (Environmental targets) under the section for Technical and Professional Capacity above. The selection will be carried out in accordance with selection criteria 1 (References), 2 (Security of Supply), and 3 (Environmental targets) under the section for Technical and Professional Capacity. Each selection criteria respectively contains a description of which subject matter that is assessed positively in the selection. For the overall assessment of the candidates request to participate selection criteria 1 and 2 will be emphasized twice as much as selection criterion 3.
5.1.9 Selection criteria
Criterion
:
Type
:
Economic and financial standing
Name
:
Turnover seam-taped outerwear
Description
:
The candidate’s turnover in the area of seam-taped outerwear, seam-taped high functional combat uniforms and/or seam-taped heavy use work wear and/or seam-taped high-end ski-, mountaineering- and outdoor garments for the last 2 financial years available. The candidate must have an annual turnover equivalent of at least 30 MIO. EUR in the area of seam-taped outerwear, seam-taped high functional combat uniforms and/or seam-taped heavy use work wear and/or seam-taped high-end ski-, mountaineering- and outdoor garments for each of the last two financial years. If the turnover is not stated in said currency, the Purchaser will calculate the turnover based on the official exchange rate on the date this notice was published. If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the turnover in the area of seam-taped outerwear, seam-taped high functional combat uniforms and/or seam-taped heavy use work wear and/or seam-taped high-end ski-, mountaineering- and outdoor garments will be calculated as the sum of all the participants’ turnover in the area of seam-taped outerwear, seam-taped high functional combat uniforms and/or seam-taped heavy use work wear and/or seam-taped high-end ski-, mountaineering-and outdoor garments in each of the last 2 financial years available. If the candidate relies on the economic and financial standing of an entity or entities (e. g. a parent or sister company or a subcontractor), the turnover in the area of seam-taped outerwear, seam-taped high functional combat uniforms and/or seam-taped heavy use work wear and/or seam-taped high-end ski-, mountaineering- and outdoor garments will be calculated as the sum of the tenderer’s and the entity’s or entities’ turnover in the area of seam-taped outerwear, seam-taped high functional combat uniforms and/or seam-taped heavy use work wear and/or seam-taped high-end ski-, mountaineering- and outdoor garments in each of the last two (2) financial years available. The request to participate must include the following: A statement of the candidate’s turnover for seam-taped outerwear for the last two (2) financial years available. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the information must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the information must also be provided for each such entity or entities.
Use of this criterion
:
Used
Criterion
:
Type
:
Economic and financial standing
Name
:
Turnover in the area covered by the agreement
Description
:
The candidate must have an annual turnover equivalent of at least 120 MIO. EUR in the area covered by the agreement for each of the last two (2) financial years. If the turnover is not stated in said currency, the Purchaser will calculate the turnover based on the official exchange rate on the date this notice was published. If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the turnover in the area covered by the agreement will be calculated as the sum of all the participants’ turnover in the area covered by the agreement in the last two (2) financial year available. If the candidate relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the turnover in the area covered by the agreement will be calculated as the sum of the candidate’s and the entity’s or entities’ turnover in the area covered by the agreement in the last financial year available. The request to participate must include the following: A statement of the candidate’s turnover in the area covered by the agreement for the last financial year available. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the information must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the information must also be provided for each such entity or entities.
Use of this criterion
:
Used
Criterion
:
Type
:
Economic and financial standing
Name
:
Equity ratio
Description
:
The candidate's equity ratio (calculated by dividing the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last two (2) financial years available. The candidate must have an equity ratio of at least 20 per cent in each of the last two (2) financial years available. If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio will be calculated by dividing the sum of the equities of all participants with the sum of the total assets of all participants (the sum of equities/the sum of total assets x 100) in each of the last two (2) financial years available. If the candidate relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity ratio will be calculated by dividing the sum of the candidate’s and the entity’s/entities’ equity with the sum of the candidate’s and the entity’s/entities’ total assets (the sum of equities/the sum of total assets x 100) in each of the last two (2) financial years available. The request to participate must include the following: A statement of the candidate’s equity ratio at the end of the last two (2) financial years available. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the information must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the information must also 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
:
References (relevant experience of performance)
Description
:
The candidate must provide a list of the most important similar references, i.e. contracts where the candidate has produced and delivered products similar to those described in section 2.1 above carried out within the last three (3) years, prior to the deadline for the request to participate. The list should preferably include a short description of each reference. The description of the references should include a clear indication of which specific parts of the references that are similar to the procurement described in section Object – Description of the procurement in the Contract Notice above and describe whether and to which extent the references concerned yarns and fabrics with properties as NIR, FR, WR, DWR, Permethrin, all with and without PFAS free ‘properties’ and POL. The description should also include a description of the candidate’s participation/role in the performance of each reference contract. It is emphasized that the candidate must have carried out actual production in order for the reference to be taken into account (references where the candidate has only delivered and not produced will be disregarded). The description should also include information about when delivery took place under each reference contract, the quantity/volume produced and delivered under the reference contract, and the recipients of the produced deliveries (specific names/countries are preferred, but not necessary. When specifying the date for the deliveries, the candidate should state the date of commencement and completion. If this is not possible, the candidate is asked to indicate in the description of the reference contract how the date is specified. Only the references produced and delivered at the time of the deadline for the request to participate will be considered in the evaluation. If the reference contract in question is ongoing, it is only the part of the reference contract that has been delivered within the last three (3) years, and completed at the time of the deadline for the request to participate which will be included in the assessment of the reference. Consequently, if a part of the reference contract has not been carried out within the last three (3) years, or if a part of the reference contract has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the reference. Therefore, it is important that the candidate clearly states which part (in terms of quantity or volume) of an ongoing reference that has been carried out within the last three (3) years. The list must contain a maximum of 10 previous deliveries (references), irrespective of whether the candidate is one entity, composed of a group of entities (e.g. a consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 10, the Purchaser will only consider the first 10 deliveries on the list. Deliveries beyond that will not be considered. The selection of candidates will be based on an evaluation of which candidates have documented the most relevant reference contracts in relation to the agreement/procurement described in section, Object – Description of the procurement in the Contract Notice. In the evaluation of the relevance of the reference contracts, the contracting authority will take the following into account, in particular: - That the reference contracts combined cover the various layers of the NCU combat uniform. - That the reference contracts related to the various layers cover the special properties of NIR, FR, WR, DWR, Permethrin, all with or without PFAS free ‘properties’ and POL. -That the volume/quantity produced and delivered under the reference contracts matches the volume/quantities that are expected to be delivered under this framework agreement. The evaluation will be based on the list of references submitted by the candidates, see above. Please note that if the information submitted is unclear or unintelligible, this may be regarded negatively in the selection process.
Use of this criterion
:
Used
The criteria will be used to select the candidates to be invited for the second stage
of the procedure
Criterion
:
Type
:
Technical and professional ability
Name
:
Security of Supply
Description
:
The candidate must provide a description of the production capacity in terms of number of employees in the production line employed by the candidate, and technical production equipment, i.e. seam-sealing units and automatization units in particular — stating also with an indication of the geographical location - which the candidate has at its disposal to perform the framework agreement at the deadline for submitting the request for participation. In case the candidate relies on one or more other legal entities for this criterion the production capacity, in terms of seamstresses and technical production equipment, at disposal by such entities can be included. In case the candidate is a group of entities (e.g. consortium) the production capacity in terms of employees in the production lines and technical production equipment by all the groups’ entities can be included in the description. A sub-supplier which the candidate does not rely on or which is not part of the group of entities (e.g. consortium) when submitting the application cannot be included in the description. The selection of candidates will be based on an assessment of the candidates production capacity, i.e. employees in the production lines, seam-sealing units and automatization units in particular. It will be assessed positively that the candidates have sufficient production capacity to produce the quantities required under the contract and still having spare capacity allowing for production increase in case of an increase in demand, e.g. in case of an crisis or in case of a general increase in demand in one or more of the participating countries. Furthermore the criteria includes an assessment of the geographical location of the production capacities. It will be assessed positively if a significant share of the production capacity is located within the EEA countries.
Use of this criterion
:
Used
The criteria will be used to select the candidates to be invited for the second stage
of the procedure
Criterion
:
Type
:
Technical and professional ability
Name
:
Environmental management standards
Description
:
The candidates shall describe their environmental targets and related action plans, as well as a description of how far the candidates are toward reaching each target. Note that only descriptions from candidates that carry out actual production will be taken into consideration under this criterion. The selection of candidates will be based on assessment of the candidates’ descriptions of their targets, action plans and progression in reaching their targets. It will be assessed positively that the described targets, either separately or combined, will have a significant environmental impact, that the targets are well-supported by realistic action plans, and that the candidates can display that progress towards each target has been made at the time of submitting the request for participation. In case the candidate relies on one or more other legal entities for this criterion, descriptions of environmental targets etc. by such entities can be included if the entity carries out actual production. In case the candidate is a group of entities (e.g. consortium) the descriptions of environmental targets etc. by all the groups’ entities can be included as long as the entity/entities carry out actual production. A description of environmental targets etc. from a sub-supplier which the candidate does not rely on, or which is not part of the group of entities (e.g. consortium) when submitting the application, cannot be included.
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
:
3
Maximum number of candidates to be invited for the second stage of the procedure
:
4
5.1.11 Procurement documents
Languages in which the procurement documents are officially available
:
English
Deadline for requesting additional information
:
06/09/2024
11:00 +00:00
Address of the procurement documents
:
https://www.ethics.dk/ethics/eo#/4417a0c5-3393-49d8-9a70-a2454284fb44/publicMaterial
5.1.12 Terms of procurement
Terms of the procedure
:
Estimated date of dispatch of the invitations to submit tenders
:
29/09/2024
Terms of submission
:
Obligatory indication of subcontracting
:
No subcontracting indication
Electronic submission
:
Required
Address for submission
:
https://www.ethics.dk/ethics/eo#/4417a0c5-3393-49d8-9a70-a2454284fb44/homepage
Languages in which tenders or requests to participate may be submitted
:
English
Variants
:
Not allowed
Tenderers may submit more than one tender
:
Not allowed
Deadline for receipt of requests to participate
:
23/09/2024
11:00 +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
:
---
A non-disclosure agreement is required
:
yes
Additional information about the non-disclosure agreement
:
A Non Disclosure Agreement must be signed by selected candidates in order to gain access to the remaining tender material, e.g. framework agreement, requirement specifications, instructions to tenderers etc. The Non Disclosure Agreement will prohibit the candidates from sharing and/or publishing any parts of the tender material outside the organisational frame of the prequalified entity.
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 satisfactory invoice to the contracting authorities. The specific payment terms will be included in the tender documents.
Subcontracting
:
No subcontracting obligation applies.
Information about review deadlines
:
Pursuant to 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: Complaints regarding a candidate not being prequalified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting entity has sent notification to the candidates involved, see section 7(1) of the Act on The Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision. In accordance with section 7(2) of the Act on The Complaints Board for Public Procurement, other complaints must be filed with The Complaints Board for Public Procurement within: 1) 45 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 an agreement. 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 an agreement 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). 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 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal be granted suspensory effect, 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
Maximum number of participants
:
1
Additional buyer coverage
:
The agreement is entered into by DALO/FMV/NDMA. However, all divisions of the Danish Ministry of Defence/the Swedish armed forces/the Norwegian armed forces, including all units of the Danish/Swedish and Norwegian 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
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
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
:
Lars Mygind
Telephone
:
40908530
Roles of this organisation
:
Buyer
Group leader
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation receiving requests to participate
Organisation processing tenders
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
Information exchange endpoint (URL)
:
https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
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
Roles of this organisation
:
Organisation providing more information on the review procedures
8.1 ORG-0004
Official name
:
FMV - Försvarets Materielverk/Swedish Defence Materiel Administration
Postal address
:
Banérgatan 62
Town
:
Stockholm
Postcode
:
115 88
Country subdivision (NUTS)
:
Stockholms län
(
SE110
)
Country
:
Sweden
Telephone
:
+4572814000
Roles of this organisation
:
Buyer
8.1 ORG-0005
Official name
:
Norwegian Defence Materiel Agency (NDMA) - Forsvarsmateriell
Postal address
:
Grev Wedels plass 1
Town
:
Oslo
Postcode
:
0151
Country subdivision (NUTS)
:
Innlandet
(
NO020
)
Country
:
Norway
Telephone
:
+45 72814000
Roles of this organisation
:
Buyer
8.1 ORG-0006
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
Roles of this organisation
:
TED eSender
11. Notice information
11.1 Notice information
Notice identifier/version
:
f3f9d03b-890f-40e7-ad97-5610347d5e65
-
01
Form type
:
Competition
Notice type
:
Contract or concession notice – standard regime
Notice dispatch date
:
23/08/2024
13:31 +00:00
Notice dispatch date (eSender)
:
23/08/2024
13:32 +00:00
Languages in which this notice is officially available
:
English
11.2 Publication information
Notice publication number
:
00512939-2024
OJ S issue number
:
166/2024
Publication date
:
27/08/2024