Fakta om udbudet
EU-nr
2016/S 190-342025
Offentliggjort
03.10.2016
Udbudstype
Begrænset udbud
Udbyder
The Danish Defence Acquisition and Logistics Organization (DALO)
Aircraft or spacecraft equipment, trainers, simulators and associated parts
The Danish Defence Acquisition and Logistics Organization (DALO)
Contract notice
Supplies
Directive 2009/81/EC
Section I: Contracting authority/entity
I.1) Name, addresses and contact point(s)
The Danish Defence Acquisition and Logistics Organization (DALO)
Lautrupbjerg 1-5
For the attention of: Lotte Lindeloff
2750 Ballerup
Denmark
Telephone: +45 72307840
E-mail: lli@kammeradvokaten.dk
Internet address(es):
General address of the contracting authority/entity: http://www.forsvaret.dk/fmi
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:
Contract for the delivery of a Low Pressure Pneumatic Launcher (LPPL) for the Royal Danish Navy.
II.1.2) Type of contract and location of works, place of delivery or of performance
Supplies
NUTS code DK
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
Justification for a framework agreement, the duration of which exceeds seven years: Due to the optional elements contained in the agreement, cf. clause II.1.5) and II.2.2), it cannot be ruled out that the agreement maybe categorized as a framework agreement. Furthermore, DALO has determined that there may be a need for a duration of the agreement for 15 years in total. Such a duration is in particularly justified based on the expected service life of the LPPL to be procured, which is up to 15 years and therefore the need for DALO to be able to purchase certain spare parts, repair services etc. To limit the effect of the duration of the framework agreement the option for purchasing 1 additional LPPL may, however, only be exercised within the first 7 years of the duration of the agreement and beyond this point in time, the purchases under the agreement will only concern the sustainment of
the LPPL(s). These purchases will be of a very low value, since — when the warranty period on the LPPL(s) expires —DALO expects to perform most repairs by its own means and to acquire most common spare parts on the basis of other agreements. Thus, in this period DALO will only be purchasing spare parts, repair services, STTE etc. from the LPPL supplier, if this is deemed necessary due to safety concerns and the need for know-how concerning the specific LPPL(s) purchased.
Range: between 3 600 000 and 4 000 000 DKK
Duration of the framework agreement
Duration in years: 15Justification for a framework agreement, the duration of which exceeds seven years: Due to the optional elements contained in the agreement, cf. clause II.1.5) and II.2.2), it cannot be ruled out that the agreement maybe categorized as a framework agreement. Furthermore, DALO has determined that there may be a need for a duration of the agreement for 15 years in total. Such a duration is in particularly justified based on the expected service life of the LPPL to be procured, which is up to 15 years and therefore the need for DALO to be able to purchase certain spare parts, repair services etc. To limit the effect of the duration of the framework agreement the option for purchasing 1 additional LPPL may, however, only be exercised within the first 7 years of the duration of the agreement and beyond this point in time, the purchases under the agreement will only concern the sustainment of
the LPPL(s). These purchases will be of a very low value, since — when the warranty period on the LPPL(s) expires —DALO expects to perform most repairs by its own means and to acquire most common spare parts on the basis of other agreements. Thus, in this period DALO will only be purchasing spare parts, repair services, STTE etc. from the LPPL supplier, if this is deemed necessary due to safety concerns and the need for know-how concerning the specific LPPL(s) purchased.
Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT:Range: between 3 600 000 and 4 000 000 DKK
II.1.5) Short description of the contract or purchase(s):
The Danish Defence has since the late 1950's been supplying the naval artillery with flying and sailing target drones located at the Naval Weapon Centre (NWC) at Gniben, Sjællands odde (Zealands Point), Denmark. The drones are handled by Værnsfælles Droneafdeling (‘VFD’, in English ‘Joint Aerial Targets Branch’). VFD is currently operating Banshee 600 and Jet 40 Banshee air target drones from NWC but can also launch from outside the NWC as a mobile unit. VFD is flying in excess of 100 missions a year to service both the Navy and the Air Force.
At present, VFD is using a bungee launcher. This existing launcher has been in service since 1999 and is showing signs of wear and tear. Furthermore, the development of the target drones has caused an increase in weight of the drones and the existing launcher has reached its limits. DALO therefore wishes to acquire a Low Pressure Pneumatic Launcher (‘LPPL’) as replacement for the existing launcher.
The new launcher will primarily be operated from the NWC, but will also be supporting operations on board the Navy's vessels when needed. Furthermore, the Contract will contain an option for DALO to buy an additional Low Pressure Pneumativ Launcher (LPPL) on the same terms as the first one bought.
In addition to the acquisition of the LPPL, the supplier shall also be able to deliver spare parts, special tools and test equipment (if any) as well as training and technical support to DALO for a period of 7 years after commencement of the agreement.
For these services (spare parts, special tools and test equipment as well as training and technical support) the agreement contains 2 options for extension, in which each will cover a period of 4 years, meaning that the agreement may have a total duration of up to 15 years, cf. clause II.2.2 and 2.3.
At present, VFD is using a bungee launcher. This existing launcher has been in service since 1999 and is showing signs of wear and tear. Furthermore, the development of the target drones has caused an increase in weight of the drones and the existing launcher has reached its limits. DALO therefore wishes to acquire a Low Pressure Pneumatic Launcher (‘LPPL’) as replacement for the existing launcher.
The new launcher will primarily be operated from the NWC, but will also be supporting operations on board the Navy's vessels when needed. Furthermore, the Contract will contain an option for DALO to buy an additional Low Pressure Pneumativ Launcher (LPPL) on the same terms as the first one bought.
In addition to the acquisition of the LPPL, the supplier shall also be able to deliver spare parts, special tools and test equipment (if any) as well as training and technical support to DALO for a period of 7 years after commencement of the agreement.
For these services (spare parts, special tools and test equipment as well as training and technical support) the agreement contains 2 options for extension, in which each will cover a period of 4 years, meaning that the agreement may have a total duration of up to 15 years, cf. clause II.2.2 and 2.3.
II.1.6) Common procurement vocabulary (CPV)
34740000
II.1.7) Information about subcontracting
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:
II.2.2) Information about options
Options: yes
Description of these options: The agreement will include an option for 1 additional LPPL, which may be exercised within the first 7 years of the duration of the agreement.
The agreement will in addition include 2 options for extension, cf. clause II.2.3 below. Both options will cover a period of 4 years, meaning that the agreement may have a total duration of up to 15 years.
Description of these options: The agreement will include an option for 1 additional LPPL, which may be exercised within the first 7 years of the duration of the agreement.
The agreement will in addition include 2 options for extension, cf. clause II.2.3 below. Both options will cover a period of 4 years, meaning that the agreement may have a total duration of up to 15 years.
II.2.3) Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 48 (from the award of the contract)
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 48 (from the award of the contract)
II.3) Duration of the contract or time limit for completion
Duration in months: 84 (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:
III.1.2) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
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 contract.
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 contract is awarded to a group of suppliers (e.g. a consortium) the participants are required to undertake joint and several liabilities and to appoint 1 supplier to represent the group.
A declaration stating such joint and several liability must be submitted with the application. For this purpose DALO has provided a template, which can be used by the applicant cf. also section V.I.3.).
A declaration stating such joint and several liability must be submitted with the application. For this purpose DALO has provided a template, which can be used by the applicant cf. also section V.I.3.).
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:
III.1.5) Information about security clearance:
III.2) Conditions for participation
III.2.1) Personal situation
public payments, which DALO has decided also applies for this procurement. The solemn declaration must relate to the legal entity/candidate submitting the tender. If the candidate is a consortium, a solemn declaration must be submitted for each member of the consortium.
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: The candidate must submit a solemn declaration stating whether, at the time of submitting the tender, the tenderer has fulfilled his obligations relating to the payment of taxes and social contributions in accordance with the legal provisions of the country in which the candidate is established and in Denmark in accordance with the public procurement act no 1564 of 15.12.2015, art. 135, (3) regardingpublic payments, which DALO has decided also applies for this procurement. The solemn declaration must relate to the legal entity/candidate submitting the tender. If the candidate is a consortium, a solemn declaration must be submitted for each member of the consortium.
III.2.2) Economic and financial ability
information on such turnovers is available. The 3 latest annual reports or a declaration stating the candidate's solvency ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the preceding three financial years, in so far as such information is available. Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least 3 000 000 DKK in each of the preceding 3 financial years (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published). The candidate must have had a solvency ratio of at least 10 percent for each of the preceding 3 financial years.
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: The three latest annual reports or a declaration stating the annual turnover for the last three financial years available, in so far asinformation on such turnovers is available. The 3 latest annual reports or a declaration stating the candidate's solvency ratio (calculated by dividing the candidate's equity with the candidate's total assets (equity/total assets x 100) at the end of the preceding three financial years, in so far as such information is available. Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least 3 000 000 DKK in each of the preceding 3 financial years (if the turnover is not stated in said currency, the contracting authority will calculate the turnover based on the official exchange rate on the date this notice was published). The candidate must have had a solvency ratio of at least 10 percent for each of the preceding 3 financial years.
III.2.3) Technical and/or professional capacity
A list of the most important similar deliveries carried out over the past five years. The list should preferably include:
— A description of each delivery;
— Information on when it was carried out;
— The size and value of the deliveries;
— The recipients of the deliveries (specific names/countries are preferred, but need not necessarily be included; if no country specific information is included the candidate is asked to provide as much generic information as possible about the delivery).
Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with one or more similar deliveries of LPPLs within the past 5 years.
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 carried out over the past five years. The list should preferably include:
— A description of each delivery;
— Information on when it was carried out;
— The size and value of the deliveries;
— The recipients of the deliveries (specific names/countries are preferred, but need not necessarily be included; if no country specific information is included the candidate is asked to provide as much generic information as possible about the delivery).
Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with one or more similar deliveries of LPPLs within the past 5 years.
III.2.4) Information about reserved contracts
III.3) Conditions specific to services contracts
III.3.1) Information about a particular profession
III.3.2) Staff responsible for the execution of the service
Section IV: Procedure
IV.1) Type of procedure
IV.1.1) Type of procedure
Restricted
IV.1.2) Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 3
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. Please note that any ambiguities and/or incomprehensibilities in the information submitted under section III.2.3) may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
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. Please note that any ambiguities and/or incomprehensibilities in the information submitted under section III.2.3) 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
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
IV.3) Administrative information
IV.3.1) File reference number attributed by the contracting authority:
7514101
IV.3.2) Previous publication(s) concerning the same contract
Other previous publications
Notice number in the OJEU: 2016/S 055-091931 of 18.3.2016
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
26.10.2016 - 13:00
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:
Pre-qualification Questionnaire:
DALO have prepared a pre-qualification 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 upon request from the contact point stated in I.1) above.
Submission of applications:
Candidates are asked to submit applications for pre-qualification in 3 hard copies and electronically on a CDROM/USB or equivalent medium in a sealed envelope marked ‘LPPL — Application. Must not be opened in the reception’. In case of discrepancy between the hard copy and the electronic version, the hard copy shall take precedence.
The application for pre-qualification cannot be submitted by e-mail.
Re. Section III.2.1): Solemn declaration regarding the candidate's payment of taxes and social security contributions.
When submitting the offers (but not the application for pre-qualification), the tenderers must submit a solemn declaration stating to which degree the tenderer has fulfilled its obligations relating to the payment of direct and indirect taxes and social security contributions in accordance with the legal provisions of the country in which the candidate is established and in Denmark in accordance with the public procurement act no 1564 of 15.12.2015, art. 135, (3) regarding
public payments, which DALO has decided also applies for this procurement. A template for the declaration will be provided with the tender documents.
Re. section III.1.3.) applying as a group of economic operators:
No particular legal form is required, thus, a group of economic operators can apply for prequalification. If the contract is awarded to a group of suppliers (e.g. a consortium) the participants are required to undertake joint and several liabilities and to appoint 1 supplier to represent the group. A template for a declaration from the group of economic operators is included in the pre-qualification questionnaire referred to above.
Re. Section III.2): Relying on the capacities of other entities:
According to the EU public procurement directives, a candidate may rely on the economic, financial and/or technical 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 pre-qualification questionnaire referred to above.
Non-compliance with formal requirements:
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 on tender procedures if applications or tenders do not fulfil the
formalities of the tender documents.
DALO have prepared a pre-qualification 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 upon request from the contact point stated in I.1) above.
Submission of applications:
Candidates are asked to submit applications for pre-qualification in 3 hard copies and electronically on a CDROM/USB or equivalent medium in a sealed envelope marked ‘LPPL — Application. Must not be opened in the reception’. In case of discrepancy between the hard copy and the electronic version, the hard copy shall take precedence.
The application for pre-qualification cannot be submitted by e-mail.
Re. Section III.2.1): Solemn declaration regarding the candidate's payment of taxes and social security contributions.
When submitting the offers (but not the application for pre-qualification), the tenderers must submit a solemn declaration stating to which degree the tenderer has fulfilled its obligations relating to the payment of direct and indirect taxes and social security contributions in accordance with the legal provisions of the country in which the candidate is established and in Denmark in accordance with the public procurement act no 1564 of 15.12.2015, art. 135, (3) regarding
public payments, which DALO has decided also applies for this procurement. A template for the declaration will be provided with the tender documents.
Re. section III.1.3.) applying as a group of economic operators:
No particular legal form is required, thus, a group of economic operators can apply for prequalification. If the contract is awarded to a group of suppliers (e.g. a consortium) the participants are required to undertake joint and several liabilities and to appoint 1 supplier to represent the group. A template for a declaration from the group of economic operators is included in the pre-qualification questionnaire referred to above.
Re. Section III.2): Relying on the capacities of other entities:
According to the EU public procurement directives, a candidate may rely on the economic, financial and/or technical 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 pre-qualification questionnaire referred to above.
Non-compliance with formal requirements:
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 on tender procedures if applications or tenders do not fulfil the
formalities of the tender documents.
VI.4) Procedures for appeal
VI.4.1) Body responsible for appeal procedures
Klagenævnet for udbud (The Complaints Board for Public Procurement)
Nævnenes Hus, Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291095
Internet address: http://www.klfu.dk
VI.4.2) Lodging of appeals
Other complaints must 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 (with effect from the day following the publication date).
2) 30 calendar days starting the day after the contracting authority has informed 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 a short account of the relevant reasons for the decision.
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision.
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) of the said act. The e-mail of 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 at the internet address stated in section VI.4.1.
Precise information on deadline(s) for lodging appeals: Pursuant to Danish act on The Complaints Board for Public Procurement (act no. 492 of 12.5.2010 with subsequent amendments — 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, provided that the notification includes a short account of the relevant reasons for the decision.Other complaints must 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 (with effect from the day following the publication date).
2) 30 calendar days starting the day after the contracting authority has informed 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 a short account of the relevant reasons for the decision.
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision.
4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Danish act on Public Procurement (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk).
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) of the said act. The e-mail of 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 at the internet address stated in section VI.4.1.
VI.4.3) Service from which information about the lodging of appeals may be obtained
Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
VI.5) Date of dispatch of this notice:
26.9.2016