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https://www.ethics.dk/ethics/eo#/7528351a-26e3-4d04-a319-272d3b7d451d/homepage
Udbyder
Danish Defence Acquisition and Logistics Organizations
Opdateringer
The reasons for the termination are that the assumptions concerning the condition of the aircraft has changed during the tender period. Therefore, it is important for DALO to carefully analyse the structure and components of the aircraft since this may have far-reaching consequences for the continued maintenance and operation of the RDAF four CL-604’s.
Further, the offers have shown that there are mandatory requirements which the tenderers cannot fulfill.
Furthermore, the offered prices are approximately twice as expensive as expected by DALO and stated in the Contract Notice.
Consequently, the Danish Defence Acquisition and Logistics Organization (DALO) hereby terminates Contract Notice 2019/S 223-546394.
Avionics Update of the Royal Danish Air Force Fleet of Four (4) CL-604
Danish Defence Acquisition and Logistics Organizations
Contract notice
Supplies
Directive 2014/24/EU
Section I: Contracting authority
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK0
Postal code: 2750
Country: Denmark
Contact person: Hanne Thode
E-mail: fmi-ja-s202@mil.dk
Telephone: +45 72814282
Internet address(es):
Main address: https://www.ethics.dk/ethics/eo#/7528351a-26e3-4d04-a319-272d3b7d451d/homepage
Address of the buyer profile: www.fmi.dk
Section II: Object
Avionics Update of the Royal Danish Air Force Fleet of Four (4) CL-604
The Danish Defence Acquisition and Logistics Organization (DALO) is going to update the Royal Danish Airforce (RDAF) fleet of 4 Bombardier Challenger 604 aircraft to meet mandates and ensure airworthiness for the next 20 years.
The RDAF Bombardier Challenger 604 fleet consists of 3 missionized aircraft and 1 normal customised aircraft.
The update consists of:
— a basic Supplemental Type Certificate (STC) certified cockpit upgrade to Rockwell Collins Pro Line Fusion or equivalent,
— a customised cockpit upgrade that combines the upgraded basic cockpit with advanced functionalities and interfaces to new and existing military equipment,
— an upgrade of existing Inmarsat SATCOM systems,
— an installation of new Iridium SATCOM system,
— initial training of both pilots and maintenance personal covering the basic and customised cockpit upgrades.
An initial package of spare parts shall be delivered together with the cockpits.
The update of the Royal Danish Air Force fleet of four (4) CL-604 aircraft are going to take place at the suppliers preferred place of performance.
The update of RDAF fleet of 4 Bombardier Challenger 604 aircraft consists of the following:
A basic STC certified cockpit upgrade to Rockwell Collins Pro Line Fusion or equivalent. The basic cockpit upgrade shall be a FAA and/or an EASA approved STC at the time of INDO1 and an EASA approved STC at the time of delivery of first updated CL-604. If the basic cockpit upgrade is a FAA approved STC, an EASA STC approval process shall be initiated at the time of INDO1.
A customised cockpit upgrade that combines the upgraded basic cockpit with advanced functionalities and interfaces to new and existing military equipment.
For the 3 missionized aircraft the customised cockpit upgrade shall include:
— replacement of an existing Direction Finder (DF) with a new DF supplied by DALO,
— installation of 2 Control Display Units(CDU-7000) supplied by DALO,
— Removal of an existing VHF/UHF Homing system,
— installation of a 406 MHZ capable ELT with navigation system interface.
An Initial package of spare parts shall be delivered together with the cockpits.
An upgrade of existing Inmarsat SATCOM systems. The tenderer shall install 4 JetWaveTM KA-BandSATCOM systems provided by DALO.
An installation of new Iridium SATCOM system. The tenderer shall provide and install 4 Iridium SATCOM systems, 1 for each aircraft.
Initial training of both pilots and maintenance personal covering the basic and customised cockpit upgrades.
3 aircraft have been modified with missionized equipment in several stages at multiple locations: at Bombardier (the Original Equipment Manufacturer), at Field Aviation and at RDAF. The fourth aircraft is a normal customised aircraft.
A list of all Service Bulletins pertaining to the RDAF CL-604 aircraft is available during the tender stage.
In order for the tenderer to fulfill the contract, it will be necessary for the tenderer to obtain more data than mentioned in the list of all Service Bulletins. DALO expects that it will be necessary for the tenderer to — at least — obtain the data specified in instructions to tenderers, Section 2.1.
It is a mandatory requirement, cf. Annex A, Id. No 1, that the tenderer shall be able to obtain all the data that is necessary in order to fulfill the contract. It is solely the tenderer’s responsibility to ensure that the tenderer is capable of obtaining all data needed in order to fulfill the contract.
It is a mandatory requirement, cf. Annex A, Id. No 2, that the tenderer shall describe how the tenderer will ensure that the tenderer has all necessary data in order to fulfill the contract. For the contents of this description please see Section VI.3). If this is not described in a way that DALO finds sufficient, the mandatory requirement is not fulfilled (which means that the offer made by the tenderer is non-compliant).
In order to demonstrate that the tenderer fulfills Annex A, Id. No 1, the tenderer shall present declarations signed by Bombardier and Field Aviation respectively (as further described in the instructions to tenderers, Section 2.1 and Annex, Id. No 3 and 4).
The above-mentioned mandatory requirements imply that the tenderer – before submitting INDO1 – must contact Bombardier and Field Aviation in order to obtain the declarations. The tenderers are encouraged to contact Bombardier and Field Aviation as soon as possible (after this contract notice has been published), as the drafting of the declaration and discussions between the tenderer and Bombardier/Field Aviation regarding the declarations may take some time.
Reference is made to Section 2.1 in the instructions to tenderers for further details and as for the agreements that DALO expects that the tenderer — if awarded the contract — shall enter into with Bombardier, Field Aviation and DALO.
For the purpose of achieving the best possible competition, DALO will choose a number of candidates for participation in the tender procedure based on the candidate’s size in accordance with the Commission Recommendation of 6.5.2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC); hereinafter the SME Recommendation. Thus, it is DALO’s intention to choose:
— up to 2 candidates which are micro, small or medium-sized enterprises (group 1), and
— up to 3 candidates which are large enterprises (‘large enterprises’ are enterprises that are neither micro, small or medium-sized enterprises) (group 2).
The number of candidates assigned to each group is based on a market survey that DALO has conducted.
If DALO receives fewer applications for participation within a group than the number of candidates DALO has assigned to that particular group, DALO will not invite additional candidates from other groups.
However, DALO will deviate from this rule if this is necessary to be able to invite 3 candidates to the tender procedure. This will be relevant if DALO receives no applications from candidates in group 2. In this case, DALO will apply the principles for limitation of candidates as described below within group 1 and choose 3 candidates from this group. Thus, if DALO e.g. receives zero applications from candidates in group 2 and 4 applications from candidates in group 1, DALO will choose 3 candidates from group 1 (by applying the principles for limitation of candidates described below).
If DALO receives 3 or fewer applications, the above-mentioned rules of limitation of candidates will not be applied.
The determination of which category of enterprise a candidate is defined as, please see the enclosed document ‘Additional information to Contract Notice’ available at the URL address in Section I.3).
The limitation of candidates within each group of enterprises 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.1.4) and Section II.2.4) 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 submitted by the candidates in the European Single Procurement Document (ESPD) according to Section III.1.3).
In this regard ‘the most relevant previous deliveries’ means references that document the candidates previous experience with upgrading similar cockpits. By ‘upgrading similar cockpits’ are understood (in that priority):
— upgrading authorized via a Type Cerftificate or Supplemental Type Certificate of cockpits in Bombardier CL-604 A/C with Rockwell Collins Pro Line Fusion or equivalent,
— upgrading authorized via a Type Cerftificate or Supplemental Type Certificate of cockpits in Bombardier CL-604 A/C,
— upgrading authorized via a Type Cerftificate or Supplemental Type Certificate of cockpits in Bombardier CL-600 Series A/C,
— performing major changes authorized via a Type Cerftificate or Supplemental Type Certificate to cockpits in Bombardier CL-600 Series,
— performing minor changes authorized via a Type Cerftificate or Supplemental Type Certificate to cockpits in Bombardier CL-600 Series,
— performing major changes authorized via a Type Cerftificate or Supplemental Type Certificate to cockpits,
— performing minor changes authorized via a Type Cerftificate or Supplemental Type Certificate to cockpits.
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.
The contract is not divided into lots on the grounds that update of RDAF CL-604 is complex and demands special insight due to safety and airworthiness of the CL-604 aircraft.
Section III: Legal, economic, financial and technical information
The candidate must use the European Single Procurement Document (electronic version, hereafter ESPD) and provide the following information in the ESPD:
1) A list of the most important similar deliveries (references), cf. Section II.1.4) and II.2.4), carried out prior to the deadline for the request to participate, cf. Part IV, Section C.
The list should preferably include a short description of each delivery. The description should include a clear indication of which specific parts of the deliveries that are similar to the supplies as described in Section II.1.4) and II.2.4). The description should also include a description of the candidates participation/role in the performance of the deliveries. The description should contain information on the date of the deliveries, the quantity/volume and value of the deliveries, the recipients of the deliveries (specific names/countries are preferred, but not necessary; if no country specific information is included, the candidate is asked to provide as much generic information as possible about the delivery) and Supplemental Type Certificate numbers, if any, attached to the deliveries. When specifying the date for the deliveries, the candidate should state the date of commencement and completion. If this is not possible, e.g. because the delivery in question is performed on an ongoing basis according to a framework agreement, the description of the deliveries should nonetheless contain information on how the date is set.
Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing which candidate has documented the most relevant previous deliveries, cf. Section II.2.9). If the delivery in question is ongoing, it is only the part of the supplies completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies 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). Therefore, it is important that the candidate clearly states which part (e.g. with regards to size, value, quantity or volume, etc.) of an ongoing delivery (reference) that has been completed at the time of the deadline for the request to participate.
The candidate will not be required to present further documentation for the technical and professional capacity (i.e. the information stated in the ESPD is considered sufficient). However, DALO reserves the right to contact the candidate and/or the recipients of the deliveries in order to verify the information stated in Part IV, Section C in the ESPD, including details on the specified dates of the performance of the deliveries;
2) Certificates from independent bodies confirming that the candidate complies with specific quality assurance standards.
The candidate will not be required to present further documentation for the quality assurance standards than the enclosed certificate(s) that the candidate uploaded together with the application for participation. Reference is made to the ‘Minimum level(s) of standards possibly required’ below.
1) and 2): 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. In this case, the candidate shall ensure that an ESPD from the entity or entities on which the candidate relies is submitted along with the candidates own ESPD. The entity or entities’ ESPD must equally provide the information listed above.
The candidate must present approved European Aviation Safety Agency in EASA Part 21 and 145 certificate(s) or equivalent. The certificate(s) must be uploaded together with the application for participation at the URL address in Section I.3).
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 Appendix F for further information.
Section IV: Procedure
Section VI: Complementary information
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 candidate apply the ESPD as preliminary evidence that the candidate is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act, that the candidate fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. III.1.3) and how the candidate fulfils the objective and non-discriminatory criteria of selection, cf. § 145(2), cf. Section II.2.9).
The candidate and, if relevant, the participants in the group of entities or/and entities on which the candidate 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. If a candidate relies on the capacity of other entities, cf. Section III.1.3), the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary technical and professional capacity and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot consider the technical and professional capacity of the other entity or entities. DALO has prepared a template to be used to confirm the legal obligation which is available at ETHICS. DALO strongly encourages the candidates to use this form. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements
DALO shall exclude a candidate from participation in the procurement procedure, if the candidate is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 of the said Act unless the candidate has provided sufficient documentation that the candidate 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.
Regarding Section II.2.4): according to Annex A, Id. No 2 it is a requirement that the tenderer shall describe how the tenderer will ensure that the tenderer has all necessary data in order to fulfill the contract including describe which agreements the tenderer will enter into with Bombardier, Field Aviation and DALO if awarded the contract. Further, the tenderer shall describe whether Bombardier and Field Aviation respectively will release the data that the tenderer deems necessary — and if not, describe which specific data Bombardier and Field Aviation respectively will not release. Furthermore, the description made by the tenderer shall include information on the prices (specific amounts) that Bombardier and Field Aviation respectively have claimed for releasing the data, if Bombardier and Field Aviation have claimed to be paid. If all this is not described in a way that DALO finds sufficient, the mandatory requirement is not fulfilled (which means that the offer made by the tenderer is non-compliant).
For further information regarding this procurement, please see the enclosed document ‘Additional information to Contract Notice’.
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
Pursuant to 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 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 reasons for the decision;
3) 6 months after the contracting authority has entered into the framework agreement, calculated starting the day after the contracting authority has sent notification to the candidates and 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 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).
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk