Dynamic Purchasing System for Trailers over 3500 kg and services pertaining thereto

The Danish Ministry of Defence Acquisition and Logistics Organisation is establishing a Dynamic Purchasing System (DPS) for the acquisition of trailers exceeding 3 500 kg and associated services. The DPS will enable the Ministry, its defence units and the Danish Emergency Management Agency to procure a broad range of trailers and support activities through a common set of terms and conditions, allowing flexibility to source any configuration that meets the defined category criteria. Contracts will be entered into by the Ministry but may be awarded to any DPS participant, with the possibility of future consortium participation under joint liability.

The system is divided into six distinct categories. Categories 1 to 3 cover centre‑axle trailers, full trailers and semi‑trailers respectively, each defined by specific axle placement, towing device characteristics and load transfer properties. Category 4 addresses special‑purpose trailers that require custom body arrangements or equipment not covered by the standard types. Categories 5 and 6 provide for service, repair and maintenance of existing trailers and vehicles in the Ministry’s fleet, and for the design, upgrade or modification of new and existing trailers and vehicles, encompassing engineering, documentation, component supply and installation services.

All supplied trailers and services must comply with the specific axle load limits, towing device mobility, and load‑transmission restrictions outlined in the category specifications, ensuring conformity with applicable Danish and EU safety and weight regulations.

DALO intends to implement a Dynamic Purchasing System (Hereafter “DPS”) concerning trailers over 3500kg and services pertaining thereto. The DPS is divided into 6 subcategories. DALO shall be entitled to purchase any configuration of trailers that fit the description of these categories. The categories in the DPS are: Category 1 – Centre-axle trailers: A towed vehicle, equipped with a towing device which cannot move vertically (in relation to the trailer) and in which the axle(s) is (are) positioned close to the centre of gravity of the vehicle (when uniformly loaded) such that only a small static vertical load, not exceeding 10 percent of that corresponding to the maximum mass of the trailer or a load of 1,000 daN (whichever is the lesser) is transmitted to the towing vehicle. One or more of the axles may be driven by the towing vehicle. Category 2 – Full trailers: A towed vehicle having at least two axles, and equipped with a towing device which can move vertically (in relation to the trailer) and controls the direction of the front axle(s), but which transmits no significant static load to the towing vehicle. One or more of the axles may be driven by the towing vehicle. Category 3 – Semi-trailers: A towed vehicle, in which the axle(s) is (are) positioned behind the centre of gravity of the vehicle (when uniformly loaded), and which is equipped with a connecting device permitting horizontal and vertical forces to be transmitted to the towing vehicle. One or more of the axles may be driven by the towing vehicle. Category 4 - Special purpose trailers A vehicle for goods and/or for performing a special function for which special body arrangements and/or equipment are necessary. The category concerns the manufacturing of trailer types not commonly available, and which are not covered by categories 1, 2 and 3. Category 5 - Service, repair/maintenance of new and old trailers and vehicles relating to trailers over 3500 kg in the DALO Fleet (Existing DALO fleet): This category will be used by the Danish Defence for service, repair and maintenance of new and old trailers and vehicles related to trailers over 3.500 kg in DALO’s fleet. • Service, repair and maintenance services • Components used for service, repair and maintenance services • Repair of vehicles with relation to the trailers, ensuring trailers and vehicles are fully operational across the two platforms. • Man hours: Service, Repair and Maintenance Category 6 – New systems design or Modification of new and old trailers, and vehicles relating to trailers over 3500 kg in DALO’s fleet: This category will be used of the Danish Defence for complete new design, upgrade or modification of new and old trailers, and vehicles relating to trailers over 3500 kg. • Man hours: Design, Documentation, Manufacturing, Upgrades and Modification • Components and semi-finished products • Installation services (except software) • Construction, engineering and inspection services • Work on vehicles with relation to the trailers, ensuring trailers and vehicles are fully operational across the two platforms.
Additional information: The individual contracts of the dynamic purchasing system are entered into by DALO. However all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence, are entitled to enter into contracts with the Participants of the dynamic purchasing system, on the terms and conditions of the dynamic purchasing system as a whole. Further, the Danish Emergency Management Agency may enter into contracts with the Participants of the dynamic purchasing system, on the terms and conditions of the dynamic purchasing system as a whole. In accordance with section 134a of the Danish Public Procurement Act the contracting entity shall exclude an applicant from participation in a tender procedure where the applicant 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. 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. 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). DALO reserves the right at any time during the lifetime of the dynamic purchasing system to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership. As part of the submission of offer, the tenderer must submit a declaration that an award of the agreement will not conflict with the prohibition stated in Article 5k, section 1 of Regulation (EU) No 833/2014, as amended. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed 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 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. 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 no later than 11 (eleven) days before the expiry of the deadline for submitting a request for participation will be answered by DALO no later than 6 (six) days before the deadline for submission of the request for participation. Questions received later than the date set out above will also be answered unless the nature of the question makes it disproportionately onerous for DALO to answer 6 (six) days before the deadline for submission of the request for participation. Answers to questions received later than 6 days before the deadline for submission of request for participation cannot be expected. On [dato, årstal, tidsrum] a digital information meeting will be held for all interested parties. It will only be possible to participate online in the information meeting. Applicants who have signed up for the information meeting for online participation will receive a link for the video conference. During the meeting, DALO will explain the background of the tender procedure and the purpose of the procurements conducted under the dynamic purchasing system. General information as to the structure and content of the tender documents will also be provided. Applicants are kindly asked to inform via the electronic tender system no later than three days before the meeting is held whether the Applicants will participate in the meeting and, in the affirmative, the number of persons accompanying the Applicant. Participants in online meeting must provide the following information: Company name and the full names of the participants. Questions may be asked during the information meeting. However, DALO reserves the right to refer the participants to present the questions in writing instead if, according to DALO, it is not suitable or possible to answer such questions during the meeting. This includes questions which require further consideration. DALO will prepare a brief summary of the information meeting which will subsequently be uploaded to the electronic tender system. DALO requires that the applicant presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act as part of their application to participate in the dynamic purchasing system. DALO will through out the lifetime of the system, require new documentation for the information stated in the ESPD. 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 contracts awarded in the DPS. 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 qualified to participate in the dynamic purchasing system must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after being notified thereof, 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: Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision. 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. Procurement’s own guidance note concerning complaints is available on the website stated in section VI.4.1).
Place of performance: Place of delivery will be specified in each individual tender.

Lot: LOT-0001
Title: Category 1 - Centre-axle trailers

Lot: LOT-0002
Title: Category 2 - Full trailers

Lot: LOT-0003
Title: Category 3 - Semi-trailers

Lot: LOT-0004
Title: Category 4 - Special purpose trailers

Lot: LOT-0005
Title: Category 5 - Service, repair/maintenance of new and old trailers and vehicles relating to trailers over 3500 kg in the DALO Fleet (Existing DALO fleet)

Lot: LOT-0006
Title: Category 6 – New systems design or Modification of new and old trailers, and vehicles relating to trailers over 3500 kg in DALO’s fleet

Procurement documents
Address of the procurement documents: https://www.ethics.dk/ethics/eo#/f0c52441-40e8-4c64-9ce1-1a6254915f56/publicMaterial