Denmark-Ballerup: Unmanned aerial vehicles

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Education & Training Denmark-Ballerup: Unmanned aerial vehicles

Denmark-Ballerup: Unmanned aerial vehicles

Denmark-Ballerup: Unmanned aerial vehicles has been closed on 10 Apr 2021. It no longer accepts any bids. For further information, you can contact the The Danish Defence Acquisition and Logistics Organisation (16287180)

Bellow, you can find more information about this project:

Location: Denmark

General information

Donor:

The Danish Defence Acquisition and Logistics Organisation (16287180)

Industry:

Education & Training

Status:

Closed

Timeline

Published:

09 Jun 2021

Deadline:

10 Apr 2021

Value:

500000000

Contacts

Phone:

+45 35291000

+45 41715000

Email: [email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

Description

http://ted.europa.eu/udl?uri=TED:NOTICE:450407-2021:TEXT:EN:HTML&src=0&tabId=2

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Official name: The Danish Defence Acquisition and Logistics Organisation
National registration number: 16287180
Postal address: Lautrupbjerg 1-5
Town: Ballerup
Postal code: 2750
Country: Denmark
E-mail: [email protected]

Internet address(es):

General address of the contracting authority/entity: http://fmi.dk

Electronic access to information: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=310042&B=KA

Electronic submission of tenders and requests to participate: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=310042&B=KA

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions

I.3)Main activity

Defence

I.4)Contract award on behalf of other contracting authorities/entities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Acquisition of Unmanned Aircraft Systems (UAS), including sustainment, support and training.

II.1.2)Type of contract and location of works, place of delivery or of performance

Supplies
Purchase
Main site or location of works, place of delivery or of performance: DK - Jylland

NUTS code DK Danmark

II.1.3)Information on framework agreement

The notice involves the establishment of a framework agreement

II.1.4)Information on framework agreement

Framework agreement with a single operator

Duration of the framework agreement

Duration in years: 10
Justification for a framework agreement, the duration of which exceeds seven years: The reason for the duration exceeding 7 years is that DALO’s operational need requires an agreement that corresponds with the life expectancy of the deliverables which is 10 years.

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT: 500000000 DKK

II.1.5)Short description of the contract or purchase(s):

The framework agreement covers the purchase of NATO Class I Unmanned Aerial Systems (hereafter “UAS”) for the Danish Defence. A UAS consists of a number of Unmanned Ariel Vehicles (hereafter “UAV”) and two Ground Control Stations (hereafter “GCS”) as the main components.
The UAS will be used in support of operations with primary tasks to include Intelligence, Surveillance and Reconnaissance as well as support to Artillery Call For Fire. The UAS are intended to be used in both national and international operations. Consequently, the UAS are intended to be frequently moved to locations where needed and they will be used for training purposes as well as in live operations, throughout their operational lifetime.
The individual UAV is intended to be operated from a total of three vehicles; two trucks with ISO containers and an armored vehicle, making it possible for the operators to continually operate the UAV while moving the GCS(s) from which the UAV is operated.
The UAS and GCS setup is expected to be a turnkey solution.
The UAS shall be able to be deployed worldwide in a large variety of climatic and weather conditions and shall be designed and equipped to perform all tasks in a secure and safe manner.
The individual UAV shall be able to carry and operate a Synthetic Aperture Radar and the primary payload (daylight and/or night sensors) at the same time.
While carrying and operating the primary payload, the UAS shall comply with the following requirements:
- the UAV shall have an On-Station Time of at least 8 hours at a range of 90 kilometers
- the UAV shall be able to take off and land within an area of maximum 20x20 meters.
These requirements are further described in the procurement documents.
The framework agreement includes an initial purchase of three UAS and two extra GCS.
Furthermore, the framework agreement covers the purchase of sustainment (spare sparts and repair services), other support services and training services related to the UAS, as well as additional UAS subsystems.

II.1.6)Common procurement vocabulary (CPV)

35613000 Unmanned aerial vehicles, 50650000 Repair and maintenance services of military aircrafts, missiles and spacecrafts, 80650000 Training and simulation in aircrafts, missiles and spacecrafts

II.1.7)Information about subcontracting

The tenderer has to indicate in the tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed
The tenderer has to indicate any change occurring at the level of subcontractors during the execution of the contract

II.1.8)Lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: no

II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

Estimated value excluding VAT: 500000000 DKK

II.2.2)Information about options

Options: no

II.2.3)Information about renewals

This contract is subject to renewal: yes
Number of possible renewals: 3

II.3)Duration of the contract or time limit for completion

Duration in months: 120 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

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

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Reference is made to the procurement 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 invoicing to be done electronically. Exact terms will be stated in the framework agreement.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

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

III.1.4)Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:

Candidates are specifically made aware that it will be a condition precedent for signing the contract that the tenderer has entered an Industrial Co-operation Contract with the Danish Business Authority (Erhvervsstyrelsen). Guidelines for industrial co-operation in Denmark are available at https://danishbusinessauthority.dk/sites/default/files/guidelines-for-industrial-coperation-in-denmark.pdf

A summary of the decision from the Danish Business Authority is available via Digitale Udbud. The permalink is stated in section I.1). In case of discrepancy between the content of the summary and the decision respectively, the decision shall take precedence over the summary.
The framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see framework agreement for further information.
DALO demands that any person taking part in the performance of the framework agreement must possess the personnel security clearance necessary for the handling of information classified at the classification level “Til Tjenestebrug” (equivalent to classification level “NATO Restricted”). The specific conditions are stated in the framework agreement.

III.1.5)Information about security clearance:

III.2)Conditions for participation

III.2.1)Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and (2) to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established. A template for the declaration will be provided with the procurement documents, and the tenderer is encouraged – but not obliged - to use it. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of DKK 100,000 or more to public authorities in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established, unless the tenderer has provided collateral for the overdue debt, will provide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.
Also be advised that DALO may exclude a tenderer which has been found not to possess the reliability necessary to exclude risks to the security of the Danish State based on any means of evidence, including protected data sources. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), para e.
However, as a rule applicable to all reasons for exclusion, DALO will not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act no. 1564 of 15.12.2015 – The Public Procurement Act.

Criteria regarding the personal situation of subcontractors (that may lead to their rejection) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: The reason for exclusion stated in the Defence and Security Directive, art. 39(2), para e, shall also apply for the tenderer’s subcontractors allocated to the tenderer’s offer.

III.2.2)Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met: A statement of the candidate‘s equity at the end of the latest financial year available.
Minimum level(s) of standards possibly required: The candidate must have had a positive equity in the latest financial year available.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity is calculated as the sum of all the participants’ equities in the latest financial year available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated as the sum of the candidate’s and the entity or entities’ equities in the latest financial year available.
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.

III.2.3)Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met:
A list of the most important similar deliveries (references), cf. section II.1.5).
The list should preferably include a description of each delivery. The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the supplies and services described in section II.1.5. The description should also include a description of the candidates’ participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the size/quantity/volume and value of the deliveries, the recipients of the deliveries (in particular whether the recipient was a Ministry of Defence, or a subordinated authority to the Ministry of Defence, of a NATO Member State). When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis, the description of the deliveries should nonetheless contain information on how the date is set.
The list must contain a maximum of 5 (five) 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 5 (five) deliveries, DALO will only consider the first 5 (five) deliveries on the list. Deliveries beyond that will be disregarded.
Please note that a candidate may rely on the technical and professional capacity 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.
Relevant for the fulfillment of the minimum requirement below: Only the deliveries (references) carried out within the past 5 (five) years prior to and up to the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled. Consequently, if a part of the delivery has not been carried out within the past 5 (five) years or if a part of the delivery has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference).
Relevant for the possible limitation on the number of candidates: Only the deliveries (references) carried out up to the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. section IV.1.2). Consequently, if a part of the delivery has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference).
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with a delivery of a UAS to a Ministry of Defence of a NATO Member State. The delivery must have been carried out within the past 5 (five) years prior to the deadline for the request to participate. Subordinated authorities to a Ministry of Defence shall also be regarded as a Ministry of Defence.

III.2.4)Information about reserved contracts

III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Negotiated

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged number of operators 5
Objective criteria for choosing the limited number of candidates: 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.1.5) above. In the evaluation, DALO will take into account the nature and quantity of the previous deliveries and the time of delivery so that more recent deliveries will be deemed more relevant than older deliveries.
The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). 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.

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes

IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction has been used: no

IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

Case no. 27270

IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2020/S 110-268326 of 9.6.2020

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

IV.3.4)Time limit for receipt of tenders or requests to participate

4.10.2021 - 15:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

Danish. English.

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information:

Regarding section II.2.1): The estimated value of the framework agreement is 500,000,000 DKK and the maximum value of the framework agreement is 1,000,000,000 DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding exactly how extensively the deliverables of the framework agreement will be distributed in the Danish Defence. If decision is made that the deliverables in question shall be utilized by more groups of personnel than what is actually decided for now, this will lead to a significant larger expenditure on the framework agreement than what is expected at the moment.
Regarding section II.3): Note that the duration of the framework agreement is up to 10 years calculated from the delivery of the initial purchase, cf. section II.1.5. Thus, the actual duration time is somewhat longer than 10 years and depends on the delivery time of the initial purchase.
Regarding section IV.3.6): Note, that the procure documents are in English. However, it is permissible to submit applications for participation and offers in either Danish or English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preferences of the specific tenderer. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
DALO will conduct an information meeting on the platform Microsoft Teams on 14 September 2021, 14-15:00 o‘clock Danish time. The meeting will be conducted in English and DALO will distribute minutes of the meeting in English. Registration for the information meeting should be done by using the message module in Digitale Udbud (the permalink is stated in section I.1) which will be answered by DALO with a link for the meeting.
This tender is conducted according to the negotiated procedure, cf. the Defence and Security Directive, art. 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers.
DALO expects to conduct a test as part of the tender evaluation (expectedly in Q1 2022 before the negotiations), however, the development in the COVID-19 pandemic may lead to DALO deciding not to conduct such a test. The candidates who will be invited to submit tenders will receive further information in the procurement documents regarding the expected conduction of a test.
The requirement specification will for certain requirements refer to requirements included in NATO STANAG documents which are classified. It is in general the responsibility of the candidates who will be invited to submit tenders to obtain this information.
Please note, that each candidate can only submit one request for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers. DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
DALO reserves the right – but is not obliged – to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act no. 1564 of 15.12.2015, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the procurement documents.
DALO demands that the candidate and each of the legal entities whose economic and financial capacities the candidate relies on undertake joint and several liability for the performance of the framework agreement.
Candidates are asked to submit their request to participate via Digitale Udbud. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information etc. in accordance with the requirements in this Contract Notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
The questionnaire is available via Digitale Udbud. The permalink is stated in section I.1).
According to the Defence and Security Directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the prequalification questionnaire referred to above.
The framework agreement is 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 is entitled to use the framework agreement.

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

Official name: Klagenævnet for udbud (The Complaints Board for Public Procurement), Nævnenes Hus
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: [email protected]
Telephone: +45 35291000
Internet address: http://www.klfu.dk

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Pursuant to the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

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. § 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.
Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement 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. The time limit is calculated from the day after the publication date.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the rea-sons for the decision.
3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2).
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).
Contact information for 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 on the website stated in section VI.4.1).

VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: [email protected]
Telephone: +45 41715000
Internet address: https://www.kfst.dk

VI.5)Date of dispatch of this notice:

1.9.2021

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