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Main address: https://www.ethics.dk/ethics/eo#/9f918040-ed52-433c-97fe-39cee570fa00/homepage

Aircraft Mock-Up Fire Trainer Refurbishment

The acquisition concerns the refurbishment of a Aircraft Mock-Up Fire Trainer.

Danish Defence Acquisition and Logistics Organization (DALO) has at Airbase Karup an aircraft mock-up fire trainer (hereafter Mock-up) for training fire fighters from The Royal Danish Air Force. The mock-up has been in operation since 2005 and is now in the need for a refurbishment. The mock-up is a steel fuselage with dimensions 30 m in length and 3 m in diameter. The general structure of the fuselage remains in a sound condition; however there are signs of corrosion. The mock-up is for fire extinction training in different scenarios. The mock-up has fire scenarios in the 3 engines on the wings, on the 2 landing wheels, on the nose wheel, on the tail APU and in several grates in the ground next to the fuselage. These scenarios can be used one at the time or in combination, with variable intensity. Water is used for cooling, when the fires scenarios are burning. The fuselage has an opening (window) for training cold cuts. The inside of the fuselage is divided into 4 sections: a cockpit, a passenger cabin complete with toilet and overhead compartment, a tilted passenger cabin area and a cargo hull. There are currently only smoke generators and no fire scenarios inside the fuselage. DALO wishes to perform a refurbishment of the mock-up. DALO expects to have at least the same training possibilities (inside and outside) after the refurbishment and also some realistic new fire scenarios inside the fuselage. The inside of the fuselage must have the same basic design after the refurbishment with regards to the division into the 4 sections. DALO’s budget for this project is 5 814 000 DKK. The amount is fixed. The tender is conducted as a inverse tendering. The contract will be awarded to the tender which offers most operational improvement of the mock-up. The refurbishment shall not include replacing of the kerosene fuel, but any new training scenarios shall be natural gas. The supplier may choose to use LPG instead of natural gas. In this case, the infrastructure required shall be part of the refurbishment. The supplier can reuse any part of the existing mock-up and all the resources (electricity, water, kerosene and natural gas) are available at the control tower. Any wiring and piping of the resources leading them from the control tower to the fuselage is part of the refurbishment. The refurbishment must fit the existing drainage. The refurbishment shall include the installation of all equipment required to control the mock-up inside the control tower. The control tower itself is new and it is heated and insulated. The refurbishment should give the mock-up at least 15 years of useful life with only planned maintenance and minor repairs. The mock-up will be in use between the month of April to the month of October and the average operations time for this period will be 1200 hours. DALO expects to request a technician from the supplier to perform start-up preparation/service in April and shut-down service in October. The rest of the season the mock-up should not require any more than routine user maintenance. DALO further expects that the Supplier has one point of contact for technical issues, in English or Danish, available in the supplier’s office time.

The contract agreement is not divided into lots on the grounds that a division of the contract would not ensure a sufficient competition in the current market.

Reference is made to the tender 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 electronic invoicing. Exact terms are stated in the contract. No particular legal form is required. If the contract is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liabilities and to appoint 1 supplier to represent the group. The contract must be conducted in consideration of corporate social responsibility (CSR) and it contains a labour clause, please see the contract for further information. DALO demands that any person taking part in the performance of the contract must possess the appropriate personnel security clearance at the level required by DALO. The security clearance must be maintained throughout the term of the contract. See materiel for further details.

DALO demands that the tenderer and each of the legal entities whose economic and financial capacities the tenderer relies on undertake joint and several liability for the performance of the contract. Regarding Section IV.2.4): the offer shall be in either English or Danish. The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the tenderer apply the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act. The tenderer and, if relevant, the participants in the group of entities or/and entities on which the tenderer relies on, must use the electronic version of the ESPD available at Ethics’ web portal. The ESPD shall be fulfilled and submitted at Ethics’ web portal in accordance with the instructions given by Ethics. Prior to decision on award of the contract, DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act. DALO has prepared a template to be used to confirm the legal obligation which is available at Ethics. DALO strongly encourages the tenderers to use this form. However, it is emphasized that it is the sole responsibility of the tenderer that the information provided fulfils the requirements DALO shall exclude a tenderer from participation in the procurement procedure, if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.

Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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 reasons 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/tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the 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. § 185(2) of the Public Procurement Act.

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 standstill 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).

Internet address: www.kfst.dk