Internet address(es):

Main address: http://www.forsvaret.dk/fmi

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/281402

Acquisition of the Flight Simulator Training Device for the Danish Multi Role Helicopter, EH101, Model 0512 and Additional Sustainment Services

Please see section II.2.4).

Karup.

The Danish Defence Acquisition and Logistics Organization (DALO) wants to procure a full motion Flight Simulator Training Device (FSTD) for the Danish Multirole Helicopter (DMRH) EH101, model 0512, and additional sustainment services. The OEM of the DMRH is Leonardo Helicopters.

The contract includes the following elements:

— The delivery of the FSTD,

— Delivery of sustainment services for FSTD, including documentation, modification, repairs etc.

The FSTD:

The FSTD shall serve as a 1:1 training capability to the DMRH EH101 and shall comply with ICAO 9625 Type V and EASA CS-FSTD(H) Level D. In addition to the civil ICAO and EASA requirements, the FSTD shall furthermore fulfil a selection of military and mission functions to support both Search and Rescue (SAR) and Tactical Troop Transport (TTT) mission training.

The Acquisition Contract includes three options regarding 1) the Obstacle Warning System (OWS), 2) Courseware and 3) Playback data from the DMRH Emergency Avionic System (EAS).

For further information please the Acquisition Contract and the requirement specification in Annex A.

The FSTD building:

The simulator shall be delivered at the Danish Airbase, Karup (Denmark), and installed in a special simulator building. The simulator building will be built by the Danish Defence. The FSTD supplier shall participate in the project planning for the building. For Further information please see Annex AF.

The delivery of DMRH documentation and manuals and the Acquisition of the DMRH Data Package:

DALO will not provide the DMRH flight data. The FSTD supplier shall acquire the DMRH Data Package, including flight data and engineering data. The Data Package can be acquired by flight testing, engineering, reverse engineering, tweaking of existing data, acquisition from the DMRH OEM – Leonardo Helicopters – or a combination hereof. An acquisition from the OEM presupposes the formation of a non-disclosure agreement (NDA) with Leonardo Helicopters. Only candidates that are prequalified should contact Leonardo Helicopters and enter into a NDA with Leonardo Helicopters. For further information on the formation of the NDA with Leonardo Helicopters, please see the Instructions to Tenderers.

In support of flight test data DALO provides the possibility to acquire DMRH data by flight testing on a DMRH for a period of maximum 6 (six) months. Flight testing within this period and within a scheduled flight plan shall not be paid by the FSTD supplier, but the cost will be added to the FSTD supplier´s offer as part of DALO´s evaluation. For further information on cost and scoping of flight test, please see Annex AE.

Related services:

The contract includes a Sustainment Agreement (Annex Y), including a number of services regarding the sustainment of the DALO FSTD daily operations. Services required includes: Information Management, Documentation, Configuration Management, Project Management, Training, Engineering and modification, Spare Parts and other items, Help Desk, D-level repair, Phasing out, Field Service Representative (option), Maintenance Service (option).

For further information please see the Sustainment Contract and the requirement specification in Appendix A.1.

The contract was to include 3 options:

— The Obstacle Warning System (OWS),

— Courseware,

— Playback data from the DMRH Emergency Avionic System (EAS).

The sustainment contract was to include 2 options:

— Field Service Representative (FSR),

— Maintenance on-site O-level/I-level.

Flight Simulator Training Device for the DMRH-EH101, Model 0512 and Additional Services

Based on the tender process, including the tenderers' answers during the clarification dialogue and the following estimated time necessary to re-evaluate and conduct any adjustment to the tender conditions regarding the provision of flight data, DALO has decided to cancel the ongoing tender.

Lt is DALO's assessment that at present the cost impact and necessary procedure related to the acquisition of the flight data for the DMRH EH101 (either by purchase, flight testing or reverse engineering) do not seem to facilitate competitive offers that stay within the amount range available to DALO for the procurement at hand.

Furthermore, taking into account that the FSTD has to comply completely with the DMRH EH101 and at the same time taking into account that DALO should foresee a future midlife update of the DMRH EH101, this need to be considered in more detail by DALO.

On that basis, DALO has as mentioned above decided to cancel the tender for the acquisition of the FSTD for the DMRH EH101.

Due to the above-mentioned issues, DALO has decided to reconsider the general strategy for the Danish simulator capacity and the acquisition hereof.

Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0

Pursuant to Section 3 of the Danish Consolidation Act no. 593 of 2.6.2016 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 a short account of the relevant 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 (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 Public Procurement Act (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).

Internet address: http://www.kfst.dk