1.
Buyer
1.1.
Buyer
Official name
:
Danish Ministry of Defence Acquisition and Logistics Organisation
Legal type of the buyer
:
Body governed by public law
Activity of the contracting authority
:
Defence
2.
Procedure
2.1.
Procedure
Title
:
Acquisition of Liquid chromatography mass spectrometry (LC-MS) system and sustainment thereof
Description
:
This tender concerns a contract regarding the acquisition of one (1) liquid chromatography mass spectrometry (LC-MS) system and the sustainment thereof. The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) is acquiring the system for the Danish Emergency Management Agency (DEMA), Chemical Division. The contract also includes the on-site installation of the system at DEMA's location in Copenhagen including a site acceptance test, a training course and a service agreement with a duration of 4 years from the delivery of the system to DEMA. The service agreement shall include preventive maintenance of the system and repairs as described in Annex A to the Contract. The LC-MS system is used for identification of constituents in pyrotechnical mixtures, explosives, post-blast samples as well as unidentified samples.
Procedure identifier
:
f724b951-37b4-4bd8-8e4d-26baba912ae5
Previous notice
:
d11105ec-fa8b-42b5-81da-e9c617391e2a-01
Internal identifier
:
2024
Type of procedure
:
Open
The procedure is accelerated
:
no
Main features of the procedure
:
The tender is conducted as an open procedure for further description see the document Instructions to tenderers, which can be found on Ethics Sourcing Services.
2.1.1.
Purpose
Main nature of the contract
:
Supplies
Additional nature of the contract
:
Services
Main classification
(
cpv
):
38000000
Laboratory, optical and precision equipments (excl. glasses)
Additional classification
(
cpv
):
38432200
Chromatographs,
38433100
Mass spectrometer,
38522000
Chromatographic scanners
2.1.2.
Place of performance
Postal address
:
Universitetspakken 2
Town
:
Copenhagen
Postcode
:
2100
Country subdivision (NUTS)
:
Byen København
(
DK011
)
Country
:
Denmark
2.1.3.
Value
Estimated value excluding VAT
:
3 000 000,00
DKK
2.1.4.
General information
Call for competition is terminated
Additional information
:
The mandatory exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act apply for this procurement. The exclusion ground in section 134a of the Danish Public Procurement Act is a specific national exclusion ground. The provision stipulates that the contracting entity shall exclude a tenderer from participation in a procurement procedure where the tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a tenderer that is subject to the ground for exclusion. It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in this contract notice may suggest this. No particular legal form is required. If the agreement is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liability and appoint one supplier to represent the group. The agreement is not divided into lots since a division of the agreement will not ensure sufficient competition in the current market. 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 must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. DALO does not pay a fee to the participants in the tender procedure. 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 proces 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 CSR: As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, . In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration. DALO has uploaded a template (available in the electronic tender system) which must be used as declaration. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities. DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act. Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. The offer shall be in Danish or English.
Legal basis
:
Directive 2014/24/EU
The Danish Public Procurement Act (Act no. 1564 of 15 December 2015, as amended)
-
The Danish Public Procurement Act implements the Public Procurement Directive (2014/24/EU) in Danish law.
5.
Lot
5.1.
Lot
:
LOT-0000
Title
:
Acquisition of Liquid chromatography mass spectrometry (LC-MS) system and sustainment thereof
Description
:
This tender concerns a contract regarding the acquisition of one (1) liquid chromatography mass spectrometry (LC-MS) system and the sustainment thereof. The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) is acquiring the system for the Danish Emergency Management Agency (DEMA), Chemical Division. The contract also includes the on-site installation of the system at DEMA's location in Copenhagen including a site acceptance test, a training course and a service agreement with a duration of 4 years from the delivery of the system to DEMA. The service agreement shall include preventive maintenance of the system and repairs as described in Annex A to the Contract. The LC-MS system is used for identification of constituents in pyrotechnical mixtures, explosives, post-blast samples as well as unidentified samples.
Internal identifier
:
2024
5.1.1.
Purpose
Main nature of the contract
:
Supplies
Additional nature of the contract
:
Services
Main classification
(
cpv
):
38000000
Laboratory, optical and precision equipments (excl. glasses)
Additional classification
(
cpv
):
38432200
Chromatographs,
38433100
Mass spectrometer,
38522000
Chromatographic scanners
5.1.2.
Place of performance
Postal address
:
Universitetspakken 2
Town
:
Copenhagen
Postcode
:
2100
Country subdivision (NUTS)
:
Byen København
(
DK011
)
Country
:
Denmark
5.1.3.
Estimated duration
Duration
:
54
Months
5.1.5.
Value
Estimated value excluding VAT
:
3 000 000,00
DKK
5.1.6.
General information
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA)
:
yes
Additional information
:
The mandatory exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act apply for this procurement. The exclusion ground in section 134a of the Danish Public Procurement Act is a specific national exclusion ground. The provision stipulates that the contracting entity shall exclude a tenderer from participation in a procurement procedure where the tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a tenderer that is subject to the ground for exclusion. It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in this contract notice may suggest this. No particular legal form is required. If the agreement is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liability and appoint one supplier to represent the group. The agreement is not divided into lots since a division of the agreement will not ensure sufficient competition in the current market. 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 must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. DALO does not pay a fee to the participants in the tender procedure. 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 proces 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 CSR: As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, . In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration. DALO has uploaded a template (available in the electronic tender system) which must be used as declaration. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities. DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act. Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. The offer shall be in Danish or English.
5.1.10.
Award criteria
Criterion
:
Type
:
Price
Name
:
Price
Description
:
See the tender documents
Weight (percentage, exact)
:
50
Criterion
:
Type
:
Quality
Name
:
Quality
Description
:
See the tender documents
Weight (percentage, exact)
:
50
5.1.12.
Terms of procurement
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: 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
:
No framework 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 signing the contract
:
Danish Ministry of Defence Acquisition and Logistics Organisation
TED eSender
:
Mercell Holding ASA
6.
Results
Value of all contracts awarded in this notice
:
999,67
DKK
6.1.
Result lot ldentifier
:
LOT-0000
Winner selection status
:
At least one winner was chosen.
6.1.2.
Information about winners
Winner
:
Official name
:
Thermo Electron A/S
Tender
:
Tender identifier
:
Thermo Electron A/S
Identifier of lot or group of lots
:
LOT-0000
Value of the tender
:
999 669,00
DKK
Contract information:
Identifier of the contract
:
Thermo Electron A/S
Title
:
Contract no. 4600007697
Date on which the winner was chosen
:
14/11/2024
Date of the conclusion of the contract
:
14/11/2024
Organisation signing the contract
:
Danish Ministry of Defence Acquisition and Logistics Organisation
6.1.3.
Non-winning tenderers
:
Official name
:
Agilent Technologies ApS
6.1.4.
Statistical information
:
Received tenders or requests to participate
:
Type of received submissions
:
Tenders
Number of tenders or requests to participate received
:
2
Range of tenders
:
Value of the lowest admissible tender
:
999 669,00
DKK
Value of the highest admissible tender
:
1 256 355,00
DKK
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
:
Mikael Jueslgård Horte
Telephone
:
+4521461903
Roles of this organisation
:
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation signing the contract
8.1.
ORG-0002
Official name
:
Klagenævnet for Udbud
Registration number
:
ORG-37795526
Postal address
:
Toldboden 2
Town
:
Viborg
Postcode
:
8800
Country subdivision (NUTS)
:
Vestjylland
(
DK041
)
Country
:
Denmark
Contact point
:
Klagenævnet for Udbud
Telephone
:
+45 72405600
Roles of this organisation
:
Review organisation
8.1.
ORG-0003
Official name
:
Konkurrence- og Forbrugerstyrelsen
Registration number
:
ORG-10294819
Postal address
:
Carl Jacobsens Vej 35
Town
:
Valby
Postcode
:
2500
Country subdivision (NUTS)
:
Byen København
(
DK011
)
Country
:
Denmark
Contact point
:
Konkurrence- og Forbrugerstyrelsen
Telephone
:
+45 41715000
Roles of this organisation
:
Organisation providing more information on the review procedures
8.1.
ORG-0004
Official name
:
Thermo Electron A/S
Registration number
:
DK28314388
Town
:
Allerød
Postcode
:
3450
Country subdivision (NUTS)
:
Nordsjælland
(
DK013
)
Country
:
Denmark
Telephone
:
+4500000000
Roles of this organisation
:
Tenderer
Winner of these lots
:
LOT-0000
8.1.
ORG-0005
Official name
:
Agilent Technologies ApS
Registration number
:
DK21852902
Town
:
Glostrup
Postcode
:
3600
Country subdivision (NUTS)
:
Nordsjælland
(
DK013
)
Country
:
Denmark
Telephone
:
+4527592727
Roles of this organisation
:
Tenderer
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
:
c5db66a1-a96c-421b-93cc-09f72981641c
-
01
Form type
:
Result
Notice type
:
Contract or concession award notice – standard regime
Notice subtype
:
29
Notice dispatch date
:
10/01/2025
09:21:38 (UTC)
Notice dispatch date (eSender)
:
10/01/2025
09:31:44 (UTC)
Languages in which this notice is officially available
:
English
11.2.
Publication information
Notice publication number
:
19655-2025
OJ S issue number
:
8/2025
Publication date
:
13/01/2025
BREAKING