Internet address(es):

Main address: http://www.fmi.dk

Address of the buyer profile: http://www.fmi.dk/Pages/forside.aspx

Various purpose specific mobile containers and related services.

See section II.2.4).

Through a framework agreement, the Danish Defence Acquisition and Logistics Organization (DALO) is planning to purchase various purpose specific mobile container systems for the Danish Defence.

The container systems are divided into 2 underlying categories:

(1) Commercial of the shelf (COTS): The container systems within this category are equal to the measurements of ISO container standards in different sizes from 10 ft. to 40 ft.

The container systems are intended for shipping all kinds of goods in non- or acclimatized conditions.

The category includes the following container systems:

— Cargo/transport container,

— Open-top container,

— Platform-based container with folding complete end structure,

— Reefer container.

(2) Customized: The container systems within this category share generally the same platform as they all are equal to the ISO container standards (mainly in the size 20 ft.).

The container systems within this category are all mobile systems, which can be used for transportation and storage of various goods. The containers are to be used for storage and transport of foods with stable temperature or hazardous material.

The category is in an overall perspective split into two types of container systems: (1) Acclimatized cooling units for transport and storage of foods and veterinary character, divided in one or three partitions, and (2) environmental and hazardous units for storage and transportation of goods.

The container systems in both the COTS and the Customized category are intended to be used across the different branches of the Danish Defence both domestic and international and with short notice. The container systems are throughout their lifetime intended to be continuously moved to locations where needed and will be used both in training as well as in national and international operations. The container systems are intended for use in the span from mobile operations to stationary camps and are expected to have a lifetime of at least 10 years.

As the container systems can be deployed all over the world in all climatic conditions, requirements to the physical aspect, construction of the containers and interior are very high. Transportation of containers is performed by air, sea and land. Land transport may imply rough terrain and would be preferred to comply with military standards and use.

All container systems shall be 9 stacking high CSC.

The framework agreement includes service and training (including maintenance, modifications and training of personnel) and delivery of spare parts and inventory.

Under the framework agreement the buyer is obliged to purchase deliverables for an amount of at least 3 000 000 DKK within the first year after commencement of the framework agreement. Beyond this, the buyer shall not be obliged to purchase any minimum quantity of deliverables.

The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.4) above, in terms of the nature and quantity of the previous deliveries. It will be regarded positively if the candidate can document deliveries across the various types of container systems. The evaluation will be based on the list submitted by the candidates in the European Single Procurement Document (eESPD) according to section III.1.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.

The candidate must use the European Single Procurement Document (hereafter ESPD — electronic version eESPD) and provide the following information in the eESPD:

(1) Its general yearly turnover for the last 3 financial years, to the extent such information is available, cf. Part IV, section B.

(2) Its equity at the end of the last financial year, to the extent such information is available, cf. Part IV, section B.

Upon request from DALO the tenderer must submit the following documentation:

Annual reports or excerpts hereof stating (1) the candidate's general yearly turnover for the last 3 financial years, and (2) the candidate's equity at the end of the last financial year, if publication of annual reports is required under the law of the country in which the candidate is established, and to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the candidate relies on the economic and financial standing of another entity or entities (eg. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Be advised, that DALO at any time during the procurement procedure can request that the candidate presents the above men-tioned documentation, if this is deemed necessary to secure that the procurement procedure is conducted correctly. In this situation DALO will set an appropriate time limit for the submission of the documentation.

1) The candidate must have had a general yearly turnover of at least 10 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.

2) The candidate must have had a positive equity at the end of the last financial year.

If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the general yearly turn-over/equity is calculated as the sum of all the participants' general yearly turnover/equity.

If the candidate relies on the economic and financial standing of an entity or entities the general yearly turnover/equity will be calculated as the sum of the candidate's general yearly turnover/equity and the entity's or entities' general yearly turnover/equity.

Please note that a candidate may rely on the economic and financial standing of other entities (e.g. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an eESPD from the entity or entities on which the candidate relies is submitted alongside the candidate's own eESPD. The entity's or entities' eESPD must equally provide the information listed above.

Information and formalities necessary for evaluating if the requirements are met:

The candidate must use the European Single Procurement Document (hereafter ESPD — electronic version eESPD) and provide the following information in the eESPD:

A list of the most important similar deliveries (references), cf. section II.1.4), carried out within the past 3 years prior to the dead-line for the request to participate, cf. Part IV, section C.

Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered which candidate has documented the most relevant previous deliveries, cf. section II.2.9. stated below is fulfilled. If the delivery in question is ongoing, it is only the part of the delivery which has been performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery.

The list should preferably include a short description of each delivery. The description should include a clear indication of which specific parts the deliveries are similar to the supplies and services described in section II.1.4). The description should also include a description of the candidate's part(s) in the performance of the deliveries.

The description should contain information on:

— the date of the deliveries,

— the size and value of the deliveries,

— the recipients of the deliveries (specific names/countries are preferred, but not necessary; if no country specific information is included the candidate is asked to provide as much generic information as possible about the delivery), and

— services and training provided in connection with the deliveries (if any).

When specifying the date for the deliveries the candidate should state the date of commencement and completion. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis according to a framework agreement, the description of the deliveries should nonetheless contain information on how the date is set.

The list must contain a maximum of 8 previous deliveries, regardless of whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 8 deliveries, DALO will only consider the first 8 deliveries on the list. Deliveries beyond that will be disregarded

A candidate may rely on the technical and professional capacity of other entities (eg. a parent or sister company or a sub supplier), irrespective of the legal nature of the relations between the candidate and the entity or entities on which the candidate relies. In this case, the candidate shall ensure that an eESPD from the entity or entities on which the candidate relies is submitted along-side the candidate's own eESPD. The entity's or entities' eESPD must equally provide the information listed above.

The candidate will not be required to present further documentation for the technical and professional capacity (i.e. the information stated in the eESPD is considered sufficient). However, DALO reserves the right to contact the candidate and/or the recipients of the deliveries in order to verify the information stated in Part IV, section C in the eESPD, including details on the specified dates of the performance of the deliveries.

If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.

Reference is made to the tender documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments. At present, this is Danish consolidation act. no. 798 of June 2007 which requires electronic invoicing. Exact terms are stated in the contract.

No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liabilities and to appoint one supplier to represent the group.

The framework agreement must be conducted in consideration of social responsibility (CSR) and it contains a labour clause, please see Appendix B for further information.

Regarding section IV.2.4): The request to participate and the offer shall be in English, however, the candidate can provide the following requested documentation in Danish; Annual reports or excerpts hereof.

The use of the eESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the candidate apply the eESPD as preliminary evidence that the candidate is not subject to the grounds of exclusion stipulated in § 135(1) or (3) of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2) and III.1.3) and how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. section II.2.9). If the candidate relies on the capacity of other entities an eESPD from the entity or entities on which the candidate relies must also be submitted. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, each of the participating entities must complete a separate eESPD with the information required.

The candidates and, if relevant, the participants in the group of entities and/or supporting entities, must use the electronic version of the ESPD (eESPD). DALO has prepared an eESPD (an XML-file) available on the electronic tender platform www.digitaleudbud.dk DALO strongly encourages the candidate to use this XML-file when completing the eESPD. The candidate must upload the XML-file to this website https://ec.europa.eu/growth/tools-databases/espd/welcome, where the eESPD can be completed and later exported. No other versions than the eEPSD should be used.

Prior to decision on award of the contract DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the eESPD, cf. §§ 151-155 of the said Act. If a candidate relies on the capacity of other entities, cf. section III.1.2 and III.1.3, 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 consider the economic and financial standing and/or the technical and professional capacity of the other entity or entities. DALO has prepared a template to be used to confirm the legal obligation which is available at the electronic tender platform www.digitaleudbud.dk

DALO shall exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act, unless the candidate has provided sufficient documentation that the candidate is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.

This tender is part of the ‘CONRAM project’ which involves procurement of various types of container systems though frame-work agreements.

The framework agreement is not divided into lots on the grounds that a division of the agreement (1) would not ensure a suffi-cient competition in the current market, (2) would undermine the economies of scale obtainable by procuring one agreement, and (3) would unduly increase the cost of the procurement procedure.

The framework agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all divisions of the Danish Defence which are subject to the commands of the Chief of Defence shall be entitled to use the frame-work agreement.

Internet address:https://erhvervsstyrelsen.dk/klagevejledning-0

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 171(2) or § 7(1) of the said Act, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date).

2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision.

3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included a short account of the relevant reasons for the decision.

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.

The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said Act.

The e-mail of The Complaints Board for Public Procurement is stated in section VI.4.1.

The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in section VI.4.1.

Internet address:http://www.kfst.dk