Contract for the delivery of a Low Pressure Pneumatic Launcher (LPPL) for the Royal Danish Navy

The Danish Defence Acquisition and Logistics Organization (DALO)

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.

Deadline

Fristen for modtagelse af bud var på 2016-10-26. Indkøbet blev offentliggjort på 2016-09-26.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• Meggitt Defence Systems Limited

Hvem?

• The Danish Defence Acquisition and Logistics Organization (DALO)

Hvad?

• Luft- og rumfartøjer › Udstyr til luft- og rumfartøjer, træningsfly, simulatorer og dele dertil

Hvor?

• Danmark

Indkøbshistorik

Dato	Dokument
2016-09-26	Udbudsbekendtgørelse
2017-02-22	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2016-09-26)
Objekt
Omfanget af udbuddet
Titel: Udstyr til luft- og rumfartøjer, træningsfly, simulatorer og dele dertil
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Udstyr til luft- og rumfartøjer, træningsfly, simulatorer og dele dertil 📦

Procedure
Procedureform: Begrænset udbud
Bud-type: Indsendelse gældende for alle 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: The Danish Defence Acquisition and Logistics Organization (DALO)
Postadresse: Lautrupbjerg 1-5
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: http://www.forsvaret.dk/fmi 🌏
E-mail: lli@kammeradvokaten.dk 📧
Telefon: +45 72307840 📞

Reference
Datoer
Afsendelsesdato: 2016-09-26 📅
Tilbudsfrist: 2016-10-26 📅
Offentliggørelsesdato: 2016-10-01 📅
Identifikatorer
Bekendtgørelsesnummer: 2016/S 190-342025
EUT-S-nummer: 190
Yderligere oplysninger

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.

Yderligere oplysninger

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.

Objekt
Omfanget af udbuddet
Anslået værdi uden moms: 3 600 000 💰
4 000 000 💰
Kort beskrivelse:

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.

Beskrivelse af mulighederne:

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.

Antal mulige forlængelser: 2
Tidsramme for efterfølgende kontrakter: 48 måneder
Varighed: 84 måneder
Referencenummer: 7514101

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Egnethed til at udøve det erhverv:

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) regarding

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.

Økonomisk og finansiel stilling:

The three latest annual reports or a declaration stating the annual turnover for the last three financial years available, in so far as

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.

Mindstekrav til niveauet:

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.

Teknisk og faglig kompetence:

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.

Mindstekrav til niveauet:

The candidate must demonstrate experience with one or more similar deliveries of LPPLs within the past 5 years.

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

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.

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

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.).

Procedure
Rammeaftalens varighed i år: 15
Begrundelse for rammeaftaler med en varighed på mere end fire år:

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.

Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse:

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.

Sprog
Sprog: dansk 🗣️
engelsk 🗣️

Ordregivende myndighed
Kontakt
Enhed: Lotte Lindeloff
E-mail: kfst@kfst.dk 📧

Reference
Datoer
Offentliggørelsesdato: 2016-03-18 📅
Identifikatorer
Meddelelsesnummer i EUT S: 2016/S 055-091931
Yderligere oplysninger

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.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for udbud (The Complaints Board for Public Procurement)
Postadresse: Nævnenes Hus, Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
E-mail: klfu@erst.dk 📧
Telefon: +45 35291095 📞
Internetadresse: http://www.klfu.dk 🌏
Oplysninger om frister for klageprocedurer:

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.

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000 📞
Internetadresse: http://www.kfst.dk 🌏
Kilde: OJS 2016/S 190-342025 (2016-09-26)

Bekendtgørelse om indgåede kontrakter (2017-02-22)
Objekt
Omfanget af udbuddet
Den samlede værdi af udbuddet: 4 000 000 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse

Reference
Datoer
Afsendelsesdato: 2017-02-22 📅
Offentliggørelsesdato: 2017-02-24 📅
Identifikatorer
Bekendtgørelsesnummer: 2017/S 039-071857
Henviser til bekendtgørelse: 2016/S 190-342025
EUT-S-nummer: 39

Procedure
Kriterier for tildeling
Kriterium: 1. Cost (50)
2. Functionality (50)

Tildeling af kontrakt
Navn: Meggitt Defence Systems Limited
Postadresse: The Boulevard, Orbital Park, Kent
Postby: Ashford
Postnummer: TN24 0GA
Land: Storbritannien 🇬🇧
E-mail: ross.blakiston@meggitt.com 📧

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for Udbud
Postadresse: Nævnets Hus, Toldboden 2
Postnummer: 2100
Telefon: +45 35291000 📞
Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Kilde: OJS 2017/S 039-071857 (2017-02-22)

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