Framework agreement — Purchase of Chaff and Flares

Danish Defence Acqusition and Logistic Organization (DALO)

The purpose of this Framework Agreement is to supply the Royal Danish Air Force with Flares and Chaff cartridges to sustain operation of the F-16 fighter, C-130J cargo aircraft and EH-101 and Seahawk helicopters within RDAF inventory.
The Framework Agreement is divided into the following 6 lots/portions:
1. Standard MTV Flares;
2. Spectral Flares;
3. Kinematic Flares;
4. Propelled/Thrusted Flares;
5. Special Material Flares (SMD);
6. Chaff.
The following minimum requirements will apply to the Chaff and Flares to be delivered under the Framework Agreement:
— All Chaff and Flares offered must have been tested in NATO or bilateral trials;
— All Chaff and Flares offered must comply to STANAG 4687 or MILSTD 810 or equivalent standard;
— All Chaff and Flares offered must fit the ALE 40/47 dispensing system;
— All Chaff and Flares offered must be immediately ready for use (as weapons out of box).

Deadline

Fristen for modtagelse af bud var på 2015-03-10. Indkøbet blev offentliggjort på 2015-02-06.

Hvem?

• Danish Defence Acqusition and Logistic Organization (DALO)

Hvad?

Hvor?

• Syddanmark › Sydjylland

Indkøbshistorik

Dato	Dokument
2015-02-06	Udbudsbekendtgørelse

Udbudsbekendtgørelse (2015-02-06)
Objekt
Omfanget af udbuddet
Titel: Militære luftfartøjer, missiler og rumfartøjer
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Militære luftfartøjer, missiler og rumfartøjer 📦

Procedure
Procedureform: Udbud efter forhandling
Bud-type: Indsendelse gældende for én eller flere delaftaler
Kriterier for tildeling
Det økonomisk mest fordelagtige bud

Ordregivende myndighed
Identitet
Land: Danmark 🇩🇰
Type af ordregivende myndighed: Ministerium eller anden myndighed på nationalt plan eller forbundsplan
Navn på ordregivende myndighed: Danish Defence Acqusition and Logistic Organization (DALO)
Postadresse: Lautrupbjerg 1-5
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: http://www.FMI.dk 🌏
E-mail: imp@kammeradvokaten.dk 📧
Telefon: +45 72307262 📞

Reference
Datoer
Afsendelsesdato: 2015-02-06 📅
Tilbudsfrist: 2015-03-10 📅
Offentliggørelsesdato: 2015-02-11 📅
Identifikatorer
Bekendtgørelsesnummer: 2015/S 029-048888
EUT-S-nummer: 29
Yderligere oplysninger

Re. section III.2.1) When submitting the bids (but not the application for participation) 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 Consolidated act no. 336 og May 1997 regarding public payments. A form that the tenderers can use will be submitted with the tender material. Re. section III.2) according to directive 2009/81, art. 41(2) and 42(2), a candidate may rely on the economic, financial and/or technical capacity of others 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 others entities is included when establishing 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 the candidate. For instance this is fulfilled if the candidate submits a co-operation agreement clearly stating that the candidate has the relevant resources at its disposal (conversely, it is not sufficient to submit a declaration stating that the candidate is entitled to sell products on behalf of another entity if the candidate wishes to rely on the capacity of this other entity). A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to below. Re section IV) this tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The tenderers who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. However, in regard to IV.1.1) DALO reserves the right to waive the negotiation procedure and to assign one or more lots on basis of the first offer. Submission of applications for pre-qualification: Candidates are asked to submit applications for pre-qualification in 2 hardcopies and electronically on a CD/USB or equivalent medium in a sealed envelope marked ‘Framework Agreement Chaff and Flares — Lot (1-6) — Application. Must not be opened in the reception’. In case of discrepancy between the hardcopy and the electronic version, the hardcopy shall take precedence. The application for pre-qualification cannot be submitted by e-mail. 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.

Yderligere oplysninger

Re. section III.2.1) When submitting the bids (but not the application for participation) 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 Consolidated act no. 336 og May 1997 regarding public payments. A form that the tenderers can use will be submitted with the tender material.

Re. section III.2) according to directive 2009/81, art. 41(2) and 42(2), a candidate may rely on the economic, financial and/or technical capacity of others 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 others entities is included when establishing 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 the candidate. For instance this is fulfilled if the candidate submits a co-operation agreement clearly stating that the candidate has the relevant resources at its disposal (conversely, it is not sufficient to submit a declaration stating that the candidate is entitled to sell products on behalf of another entity if the candidate wishes to rely on the capacity of this other entity). A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to below.

Re section IV) this tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The tenderers who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. However, in regard to IV.1.1) DALO reserves the right to waive the negotiation procedure and to assign one or more lots on basis of the first offer.

Submission of applications for pre-qualification:

Candidates are asked to submit applications for pre-qualification in 2 hardcopies and electronically on a CD/USB or equivalent medium in a sealed envelope marked ‘Framework Agreement Chaff and Flares — Lot (1-6) — Application. Must not be opened in the reception’. In case of discrepancy between the hardcopy and the electronic version, the hardcopy shall take precedence.

The application for pre-qualification cannot be submitted by e-mail.

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.

Objekt
Omfanget af udbuddet
Anslået værdi uden moms: 5 000 000 💰
105 000 000 💰
Kort beskrivelse:

The Framework Agreement is divided into the following 6 lots/portions:

1. Standard MTV Flares;

2. Spectral Flares;

3. Kinematic Flares;

4. Propelled/Thrusted Flares;

5. Special Material Flares (SMD);

6. Chaff.

The following minimum requirements will apply to the Chaff and Flares to be delivered under the Framework Agreement:

— All Chaff and Flares offered must have been tested in NATO or bilateral trials;

— All Chaff and Flares offered must comply to STANAG 4687 or MILSTD 810 or equivalent standard;

— All Chaff and Flares offered must fit the ALE 40/47 dispensing system;

— All Chaff and Flares offered must be immediately ready for use (as weapons out of box).

Delkontraktnummer: 1
Delkontraktens titel: Purchase of Standard MTV Flares
Kort beskrivelse: Refer to section II.1.5).
Delkontraktnummer: 2
Delkontraktens titel: Purchase of Spectral Flares
Delkontraktnummer: 3
Delkontraktens titel: Purchase of Kinematic Flares
Delkontraktnummer: 4
Delkontraktens titel: Purchase of Propelled/Thrusted Flares
Delkontraktnummer: 5
Delkontraktens titel: Purchase of Special Material Flares (SMD)
Kort beskrivelse: Refer to Section II.1.5).
Delkontraktnummer: 6
Delkontraktens titel: Purchase of Chaff
Varighed: 84 måneder
Sted for udførelsen
Hovedsted eller sted for udførelsen: DK.

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Teknisk og faglig kompetence:

A list of the most important similar deliveries carried out over the past 5 years regarding similar deliveries in regard to the specific lot. The list should preferably include:

1) a description of each delivery, including when it was carried out,

2) the size and value of the deliveries,

3) the recipients of the deliveries (specific names/countries need not necessarily be included).

Reference is made to section VI.3) with regard to the candidate's possibility of relying on the capacity of other entities.

Mindstekrav til niveauet:

The candidate shall demonstrate that the during the past 5 years have had experience with 1 or more similar deliveries in regard to the specific lot.

In addition it is a minimum requirement for pre-qualification for 1 or more lots that the candidate can demonstrate that the candidate is able to offer Chaff or Flares fulfilling the minimum requirements stipulated in II.1.5) which have been tested in NATO or bilateral trials.

Kontraktens udførelse
Krav om deponering og sikkerhedsstillelse:

If prepayments are made, an on demand guarantee from a recognized financial institution mest be presented. The financial institution has to approved by DALO.

De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem:

Reference is made to the tender documents with regard to the payment terms. Invoicing must be done in accordance with the at any time applicable Danish Legislation on public payments. At present this is the Danish consolidation act. no 798 of June 2007 which demands that invoicing must be done electronically. Exact terms will be stated in the contract.

Den juridiske form, som den sammenslutning af økonomiske aktører, der skal have kontrakten, skal have:

No specific legal form is required. If the order 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.

Andre særlige vilkår:

Applicants are specifically made aware that it may be a condition precedent for signing the contract that the tenderer has entered into an Industrial Cooperation Contract with the Danish Business Authority (Erhvervsstyrelsen). Applicants should also note that the Danish legislation on industrial cooperation has been amended and that — as of 1.7.2014 — new rules on industrial cooperation have entered into force. Pursuant to the new rules, industrial cooperation may be required, in so far as a concrete assessment shows that such cooperation is necessary in order to safe-guard essential Danish security interests. Such an assessment is currently being made in relation to this contract. Pre-qualified tenderers will be informed of the outcome. The new rules are available at: http://danishbusinessautority.dk/file/490061/guidelines-for-industrial-cooperation-in-denmark.pdf

Procedure
Maksimalt antal operatører i rammeaftalen: 5
Rammeaftalens varighed i år: 7
Begrundelse for rammeaftaler med en varighed på mere end fire år: The duration of the Framework Agreement is 7 years.
Påtænkt antal ansøgere: 5
Objektive kriterier for udvælgelse:

The selection of the candidates that will be invited to submit tenders in regard to each lot (maximum 5 candidates per lot) will be based on: The amount involved, the frequency and the relevance and nature of the candidates previous similar deliveries, cf. section III.2.3).

Sprog
Sprog: engelsk 🗣️

Ordregivende myndighed
Kontakt
Enhed: Danish Defence Acqusition and Logistic Organization
Thomas Impgaard Sørensen
Navn: Advokatfirmaet Poul Schmith/Kammeradvokaten
Postadresse: Vester Farimagsgade 23
Postby: Copenhagen V
Postnummer: 1606
Enhed: Advokatfirmaet Poul Schmith/Kammeradvokaten
Thomas Impgaard Sørensden
E-mail: kfst@kfst.dk 📧

Reference
Yderligere oplysninger

Re. section III.2) according to directive 2009/81, art. 41(2) and 42(2), a candidate may rely on the economic, financial and/or technical capacity of others 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 others entities is included when establishing 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 the candidate. For instance this is fulfilled if the candidate submits a co-operation agreement clearly stating that the candidate has the relevant resources at its disposal (conversely, it is not sufficient to submit a declaration stating that the candidate is entitled to sell products on behalf of another entity if the candidate wishes to rely on the capacity of this other entity). A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to below.

Re section IV) this tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The tenderers who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. However, in regard to IV.1.1) DALO reserves the right to waive the negotiation procedure and to assign one or more lots on basis of the first offer.

Submission of applications for pre-qualification:

Candidates are asked to submit applications for pre-qualification in 2 hardcopies and electronically on a CD/USB or equivalent medium in a sealed envelope marked ‘Framework Agreement Chaff and Flares — Lot (1-6) — Application. Must not be opened in the reception’. In case of discrepancy between the hardcopy and the electronic version, the hardcopy shall take precedence.

The application for pre-qualification cannot be submitted by e-mail.

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.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for udbud (The complaints Board for Public Proceurement)
Postadresse: Dahlerups Pakhus, Langelinie Allé 17
Postby: Copenhagen E
Postnummer: 2100
Land: Danmark 🇩🇰
Navn: Na
Oplysninger om frister for klageprocedurer:

As a consequence of the Danish act no 492 of 12.5.2010 with subsequent amendments regarding enforcement of the rules for procurement etc., 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 contraction authority has sent notification to the candidates involved, if 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 45 calendar days after the contraction authority has published a Award notice in the Official Journal of the European Union (with effect from the day following the publication date).

However, if the tender concerns a framework agreement complaints must be filed with The complaints Board for Public Procurement within 6 months after the Contracting Authority has sent notification to the candidates/tenderers involved that the Contracting Authority has entered into the framework agreement if the notification included a short account of the relevant reasons for the decision.

The complainant must inform the contracting Authority of the appeal in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand still-period. If the appeal has not been lodged in the stand-still period, the appellant must also state whether it is requested that the appeal is granted delaying effect.

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen (The Danish Competetion and Consumer Authority)
Postadresse: Carl Jacobsens vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000 📞
Internetadresse: http://kfst.dk 🌏
Kilde: OJS 2015/S 029-048888 (2015-02-06)

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