Denmark – Air transport services – Contract regarding full-service aircraft charter for State transportation

The purpose of the tendered contract is to facilitate full-service aircraft charter for State transportation for the Danish Government. The Danish Government frequently travels between Copenhagen and European cities and less frequently Trans-Atlantic, to the Middle East, Africa and Asia. The passengers will include Very Important Persons such as but …

CPV: 60400000 Servicii de transport aerian, 60420000 Servicii de transport aerian ocazional, 60423000 Servicii de transport aerian tip charter, 60424000 Închiriere de echipament de transport aerian cu echipaj, 60424100 Închiriere de aeronave cu echipaj, 60424110 Închiriere de aeronave cu aripă fixă cu echipaj
Termen limită:
24 Aprilie 2025, 11:00
Tipul de termen limită:
Depunerea unei oferte
Locul de executare:
Denmark – Air transport services – Contract regarding full-service aircraft charter for State transportation
Organismul de alocare:
Danish Ministry of Defence Acquisition and Logistics Organisation
Numărul de atribuire:
4033580

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 : Denmark – Air transport services – Contract regarding full-service aircraft charter for State transportation
Description : The purpose of the tendered contract is to facilitate full-service aircraft charter for State transportation for the Danish Government. The Danish Government frequently travels between Copenhagen and European cities and less frequently Trans-Atlantic, to the Middle East, Africa and Asia. The passengers will include Very Important Persons such as but not limited to the Prime minister, the Minister of Foreign Affairs, the Minister of Defence and accompanying officials and press. The concept under the tendered contract is that the supplier shall deliver two dedicated aircraft (i.e., two specific and stated aircraft registration numbers) for the duration of the contract. The supplier shall continuously be able to deliver one of these dedicated aircraft, ready for boarding, at Copenhagen Airport (CPH) within 72 hours of notification. The reason for requiring the delivery of two dedicated aircraft is to account for both scheduled and unscheduled maintenance. Thus, with this arrangement, the supplier shall always have one dedicated aircraft ready within 72 hours of notification for the Danish Government. The supplier shall, by default, provide full-service aircraft charter for 480 hours on a 12- month basis.
Procedure identifier : 83bcb45b-99fe-4e18-a666-181f188fd6ae
Internal identifier : 4033580
Type of procedure : Open
The procedure is accelerated : no
Justification for the accelerated procedure :
Main features of the 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 mandatory exclusion grounds set out in sections 135 and 136 of the Danish Public Procurement Act, or the exclusion grounds set out in section 137(1), para (2) 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 the section “Economic and Financial Standing”, 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. As a part of the evaluation of the offer, DALO will evaluate both offered Aircraft. The Tender shall allow DALO to evaluate the offered Aircraft in an airport located in Denmark.

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 60400000 Air transport services
Additional classification ( cpv ): 60420000 Non-scheduled air transport services
Additional classification ( cpv ): 60423000 Air-charter services
Additional classification ( cpv ): 60424000 Hire of air transport equipment with crew
Additional classification ( cpv ): 60424100 Hire of aircraft with crew
Additional classification ( cpv ): 60424110 Hire of fixed-wing aircraft with crew

2.1.2 Place of performance

Postal address : Lufthavnsboulevarden 6
Town : Kastrup
Postcode : 2770
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark

2.1.3 Value

Estimated value excluding VAT : 70 000 000 Euro

2.1.4 General information

Additional information : 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. Further, the voluntary ground for exclusion in section 137 (1), para (2), (concerning bankruptcy etc.) of the Danish Public Procurement Act applies for this procurement. 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. Regarding the section ”Submission”: As part of the submission of offer, the tenderer must submit a selfdeclaration on compliance with labour clauses, CSR obligations and international sanctions, see section ”Contract terms". In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed selfdeclaration. 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 procurement is conducted subject to the achievement of the necessary funding basis.
Legal basis :
Directive 2014/24/EU

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law : See section 137(1), para (2) of the Danish Public Procurement Act.
Bankruptcy : See section 137(1), para (2) of the Danish Public Procurement Act.
Corruption : See section 135(1), para (2) of the Danish Public Procurement Act
Arrangement with creditors : See section 137(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.
Insolvency : See section 137(1), para (2) of the Danish Public Procurement Act.
Assets being administered by liquidator : See section 137(1), para (2) 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, para (3) of the Danish Public Procurement Act.
Conflict of interest due to its participation in the procurement procedure : See section 136, para (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.
Business activities are suspended : See section 137(1), para (2) 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 : Denmark – Air transport services – Contract regarding full-service aircraft charter for State transportation
Description : The purpose of the tendered contract is to facilitate full-service aircraft charter for State transportation for the Danish Government. The Danish Government frequently travels between Copenhagen and European cities and less frequently Trans-Atlantic, to the Middle East, Africa and Asia. The passengers will include Very Important Persons such as but not limited to the Prime minister, the Minister of Foreign Affairs, the Minister of Defence and accompanying officials and press. The concept under the tendered contract is that the supplier shall deliver two dedicated aircraft (i.e., two specific and stated aircraft registration numbers) for the duration of the contract. The supplier shall continuously be able to deliver one of these dedicated aircraft, ready for boarding, at Copenhagen Airport (CPH) within 72 hours of notification. The reason for requiring the delivery of two dedicated aircraft is to account for both scheduled and unscheduled maintenance. Thus, with this arrangement, the supplier shall always have one dedicated aircraft ready within 72 hours of notification for the Danish Government. The supplier shall, by default, provide full-service aircraft charter for 480 hours on a 12- month basis.
Internal identifier : 4033580

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 60400000 Air transport services
Additional classification ( cpv ): 60420000 Non-scheduled air transport services
Additional classification ( cpv ): 60423000 Air-charter services
Additional classification ( cpv ): 60424000 Hire of air transport equipment with crew
Additional classification ( cpv ): 60424100 Hire of aircraft with crew
Additional classification ( cpv ): 60424110 Hire of fixed-wing aircraft with crew
Options :
Description of the options : The duration of the Contract is 8 years. DALO is entitled to extend the Contract with 2 x 1 year. Hence, if DALO extends the Contract, the total duration of the Contract will be 10 years. Description of the options: The contract will include an option for DALO to purchase up to 100 flight hours per year (in addition to the mentioned 480 hours).

5.1.2 Place of performance

Postal address : Lufthavnsboulevarden 6
Town : Kastrup
Postcode : 2770
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Additional information :

5.1.3 Estimated duration

Duration : 10 Year

5.1.4 Renewal

Maximum renewals : 2

5.1.5 Value

Estimated value excluding VAT : 70 000 000 Euro

5.1.6 General information

Reserved participation : Participation is not reserved.
The names and professional qualifications of the staff assigned to perform the contract must be given : Not required
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) : yes
Additional information : 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. Further, the voluntary ground for exclusion in section 137 (1), para (2), (concerning bankruptcy etc.) of the Danish Public Procurement Act applies for this procurement. 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. Regarding the section ”Submission”: As part of the submission of offer, the tenderer must submit a selfdeclaration on compliance with labour clauses, CSR obligations and international sanctions, see section ”Contract terms". In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed selfdeclaration. 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 procurement is conducted subject to the achievement of the necessary funding basis.

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Name : The equity at the end of the last 3 financial years available.
Description : The candidate must have a positive equity in each of the last 3 financial years available. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the total equity will be calculated as the sum of all the participants’ total equity in each of the last 3 financial years available. If the tenderer relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity will be calculated as the sum of the tenderer’s and the entity’s or entities’ equity in each of the last 3 financial years available. Upon request from DALO, the tenderer must submit the following documentation: Annual reports or excerpts thereof or other documentation stating the tenderer’s equity at the end of the last 3 financial years available if publication of annual reports is required under the law of the country in which the tenderer is established. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the documentation 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
Use of this criterion : Not used

5.1.10 Award criteria

Criterion :
Type : Price
Name : Price
Description : See Intructions to Tenderers.
Criterion :
Type : Quality
Name : Quality
Description : See Intructions to Tenderers.
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

5.1.12 Terms of procurement

Terms of the procedure :
Security clearance is required
Description : The supplier must possess a facility security clearance at company level issued by the Danish Defence Intelligence Service at the level TIL TJENESTEBRUG (TTJ) (”NATO RESTRICTED” / ”EU RESTRICTED”) or a facility security clearance at minimum a corresponding level issued by the national security authority responsible for defence security in the country which has a security agreement with Denmark. If the supplier is composed of a group of entities (e.g. a consortium), including temporary joint ventures, each participating entity must possess said facility security clearance. The security clearance must be maintained throughout the duration of the contract. The supplier’s subcontractors are also subject to an appropriate facility security clearance to the extent classified information is to be stored at the subcontractor. Further, any person taking part in the performance of the contract must possess the appropriate personnel security clearance to the extent classified information is to be handled by the person or if the person is to access a classified area. This entails that such person must possess a personnel security clearance up to the level HEMMELIG (HEM) (”NATO SECRET” / ”EU SECRET”) issued by the Danish Defence Intelligence Service or a personnel security clearance at minimum a corresponding level issued by the national security authority responsible for defence security in a country which has a security agreement with Denmark. By “security agreement” is understood an agreement regarding mutual protection of classified information. Potential candidates may contact the national security authority responsible for defence security in the country where they are domiciled for information on whether a security agreement between Denmark and the country in question exists. It is the candidate’s own responsibility to obtain the security clearances (both the facility security clearance(s) and the personnel security clearances) required to perform the contract. Further information on the requirements regarding security clearances is provided in the contract and annex E to the contract. The security clearances (both the facility security clearance(s) and the personnel security clearances) shall be obtained before commencement of the contract. DALO’s decision to award will be made on the condition that the successful tenderer not later than three months after the award notice has obtained the required security clearances and informs DALO hereof. DALO may, but is not obliged to, extend the abovementioned deadline. In the decision of whether to extend the deadline, DALO will consider, i.a., whether the responsibility for not meeting the deadline lies with the successful tenderer. For example, DALO will take into account whether the failure to meet the deadline is due to the application proceeding regarding the security clearances.
Terms of submission :
Electronic submission : Required
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 tenders : 24/04/2025 11:00 +00:00
Deadline until which the tender must remain valid : 6 Month
Information about public opening :
Opening date : 24/04/2025 11:00 +00:00
Place : The offers will be opened in the electronic procurement system. Tenderers do not have the opportunity to be present when the offers are opened.
Additional information : Deadline for receipt of tenders is 24 April 2025 1 PM local Danish time.
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 sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to the tender documents for further information.
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 satisfactory invoice to DALO. The specific payment terms will be included in the tender documents.

5.1.15 Techniques

Framework agreement :
No framework agreement
Information about the dynamic purchasing system :
No dynamic purchase system

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud -
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 timelimits for filing a complaint apply: 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.
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 -

8. Organisations

8.1 ORG-0001

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation
Registration number : 16287180
Postal address : Lautrupbjerg 1
Town : Ballerup
Postcode : 2750
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Contact point : Camilla Ullum
Telephone : +45 25 15 32 42
Roles of this organisation :
Buyer
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 : 37795526
Postal address : Nævnenes Hus, Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Østjylland ( DK042 )
Country : Denmark
Telephone : +45 72405600
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : 10294819
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Telephone : +45 41715000
Internet address : http://www.kfst.dk
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0004

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
Notice information
Notice identifier/version : dce92cfb-5d2f-4b43-9f6f-46674486f23d - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 24/03/2025 10:14 +00:00
Notice dispatch date (eSender) : 24/03/2025 12:30 +00:00
Languages in which this notice is officially available : English
Notice publication number : 00189934-2025
OJ S issue number : 59/2025
Publication date : 25/03/2025