Framework agreement concerning usual shipyard work, including service and maintenance, etc.
In January 2023, the Danish Ministry of Defence's Materiel and Procurement Agency (hereinafter "FMI") published tender notice no. 2023/S 017-047754 concerning usual shipyard work, including service and maintenance, etc. One of the four lots put out to tender by FMI was annulled where this new tender notice is re-tendering of the cancelled lot (lot 2). FMI has chosen to divide sharing agreement 2 into two sub-agreements, as further described below.
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FMI hereby offers two framework agreements, all with several suppliers, regarding the supply of usual shipyard work, including, but not limited to, service, maintenance, inspections, repairs and minor modifications on the Danish Defence's ships. The framework agreements are not exclusive and suppliers are therefore not guaranteed a minimum turnover on the framework agreements. The requirement specifications will be published together with the other tender documents after the prequalification.
Framework agreements are divided by docking weight and consist of the following:
Sub-agreement/Framework Agreement 2.1: A docking weight between 3,000-4,000 tonnes (currently 4 ships).
Sub-agreement/framework agreement 2.2: A docking weight between 1,000-3,000 tons (currently 5 ships).
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The framework agreements are to cover the Armed Forces' need for shipyard work on ships that perform the tasks that the current ships perform. The current ships are specified under each sub-agreement/framework agreement, just as it is specified whether the individual ship is civilian or military, respectively. It is expected that the ships covered by the framework agreements will be replaced on an ongoing basis, including in view of the life expectancy of the existing ships. Thus, changes can also be made to which ships are exposed to competition for specific tasks under the individual framework agreements. The suppliers allocated seats under the individual framework agreements will be regularly informed of such adjustments in the fleet during the duration of the framework agreements.
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Contracts will be awarded on the basis of mini-tenders.
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FMI has assessed that in connection with the provision of services on military ships, it is necessary for safety reasons that the task is performed at a Danish shipyard, cf. TFEU Article 346. A Danish shipyard means a company which, in FMI's assessment, must be regarded as Danish overall in relation to (1) whether the shipyard's geographical location is on Danish territory (not including the Faroe Islands or Greenland), (2) whether the work under the framework agreement is carried out by Danish citizens, and (3) the company's ownership structure, including who has a controlling influence over the company. In the FMI's overall assessment, a higher degree of compliance with one criterion may, where appropriate, outweigh a lower degree of compliance with another criterion. Thus, only suppliers who meet this requirement will be eligible for contracts for military ships. The letter of invitation will state in the specific mini-tender whether the ship in question is military.