This tender concerns a contract for Airborne Maritime Pollution Surveillance. The overall purpose is to limit and mitigate pollution in the Danish waters — territorial sea and the Danish economic exclusive zone (as defined in the Danish act on Protection of the Marine Environment (in Danish: Havmiljøloven) section 5) by performing airborne maritime pollution control and to enforce the Danish act on Protection of the Marine Environment (in Danish: Havmiljøloven). Further information about the characteristics of the airborne maritime pollution control can be obtained from the following sources: — The United Nations Convention on the Law of the Sea; UNCLOS; — The Bonn-Agreement; — The Helsinki Convention (HELCOM); — The DENGERNETH Plan; — The SWEDENGER Plan; — The Copenhagen Agreement. The supplier enters this agreement with DALO as the contracting party, and the inherent tasks are performed by the Danish Defence. The responsibility for pollution response and counter-pollution surveillance of the marine environement rests with the Ministry of Resilience and Preparedness. As such, this agreement may be subject to transfer to the Ministry of Resilience and Preparedness or an agency under the Ministry's purview, such as the Danish Emergency Management Agency. The maritime pollution surveillance is conducted by airborne area coverage of the Danish waters and this is supplemented by satellite based surveillance by European Maritime Safety Agency (EMSA). The Supplier of Airborne Maritime Pollution Surveillance shall overfly areas within the Danish waters — territorial sea and the Danish economic exclusive zone (as defined in the Danish act on Protection of the Marine Environment section 5) two times weekly. The flights shall take place both at day time and at night time and under all weather conditions of common occurrence in the respective areas. Flights will be scheduled by the Supplier. During the flights the Danish waters shall be monitored with the purpose of identifying prospective pollution. Monitoring shall be conducted by means of sensor equipment, which is capable of monitoring the water surface for oil spill etc. The sensor equipment must be made available by the Supplier. During the flights the Supplier shall collect evidence of any observed pollution, hereunder by photo and other documentation and by means of air-drop of oil spill sampling buoys, with the purpose of for example giving the Danish Authorities information to assess the measures to be taken in combating the pollution and providing evidence for further investigation and/or preliminary charges. Specifically the Supplier shall provide the following for airborne maritime pollution surveillance: — Flight system; — sensor equipment; — air crew and system operators necessary for operating flight system and sensor equipment. The Supplier must prior to commencement undertake extensive practical training of his air crew and system operators. The Supplier must ensure that the system operators are at all times duly qualified and trained to perform the task. The Supplier shall be available for participation in multinational operations on behalf of Denmark. The number of such operations is expected to be up to three per year. Participation in such operations is comparable to the flights as described above. The Supplier shall be available/stand by for the duration of these operations.

It is stressed 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 'Participation' (which is system-generated) 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 undermine the economies of scale obtainable by one agreement. It is DALO’s assessment that the conclusion of the agreement may be subject to a permit requirement according to the Investment Screening Act (Act No. 842 of 10 May 2021, as amended). For further information in that regard, see the Instructions to Tenderers. 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. 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. It is a requirement to indicate the names and professional qualifications of the staff responsible for the execution of the service in the offer. It is a requirement, that the currency of the tenderers offer, shall be etiher DKK or EURO.