Acquisition of four (4) fixed Tactical Air Navigation stations (TACAN Stations) and one (1) Tactical Air Navigation Flight Inspection System (TACAN FIS)

Danish Defence Acquisition and Logistics Organization (DALO)

This tender procedure concerns one (1) Contract notice divided into two (2) Contract lots where each Contract lot includes one (1) contract with one (1) framework agreement (Sustainment contract).
Contract lot 1:
Contract lot 1 concerns the acquisition of four (4) TACAN Stations including initial spare parts packages and training. For air navigation purposes DALO plans to procure four (4) new TACAN Stations which consists of a ground beacon/transponder, an antenna group and a remote/control system. The TACAN Stations are used by military aircrafts as a short-range navigation aid and as an airfield facility. The tenderers will be responsible for the installation, testing, training and setting to work for the TACAN Stations.
Contract lot 2:
Contract lot 2 concerns the acquisition of one (1) TACAN FIS including training. DALO plans to procure one (1) new TACAN FIS. The TACAN FIS shall be used for making periodical flight inspections of the procured TACAN Stations to make sure that the TACAN Stations fulfil NATO standard requirements. The tenderers will be responsible for the installation, testing, training and setting to work for the TACAN FIS.
Please notice, that the terms and conditions in the contracts and framework agreements are not identical, nor are the Requirement Specifications that are specific for each contract and each framework agreement in the Contract lots. Each Contract lot is therefore subject to their own contractual terms and conditions further specified in the contracts and framework agreements including annexes and appendixes/Special appendixes.
For each Contract lot the tenderers shall be willing to provide system sustainment (spare parts, service, and maintenance) via a framework agreement (sustainment contract) for a period of 22 years. The tenderers shall therefore make an offer on both the contract and the framework agreement to be able to make an offer for a Contract lot. Tenderers can make an offer for both Contract lots.

Deadline

Fristen for modtagelse af bud var på 2017-11-21. Indkøbet blev offentliggjort på 2017-10-20.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• Airfield Technology Inc.
• Thales Deutschland GmbH

Hvem?

• Danish Defence Acquisition and Logistics Organization (DALO)

Hvad?

Hvor?

• Danmark

Indkøbshistorik

Dato	Dokument
2017-10-20	Udbudsbekendtgørelse
2018-11-13	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2017-10-20)
Objekt
Omfanget af udbuddet
Titel: Militære elektroniske systemer
Mængde eller omfang:

Contract lot 1: Four (4) TACAN Stations.Contract lot 2: One (1) TACAN FIS.5 700 000

Den samlede værdi af udbuddet: 5 700 000 💰
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Militære elektroniske systemer 📦

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 Acquisition and Logistics Organization (DALO)
Postadresse: Lautrupbjerg 1-5
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: http://www.fmi.dk 🌏
Telefon: +45 72814264 📞

Reference
Datoer
Afsendelsesdato: 2017-10-20 📅
Tilbudsfrist: 2017-11-21 📅
Offentliggørelsesdato: 2017-10-24 📅
Identifikatorer
Bekendtgørelsesnummer: 2017/S 204-421883
Henviser til bekendtgørelse: 2017/S 043-079491
EUT-S-nummer: 204
Yderligere oplysninger

This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC of the European Parliament and of the Council, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the Instructions to Tenderers. Tenderers are expressly made aware that DALO reserves the right to regard the INDO as a best and final offer (BAFO) and to close the tender procedure and award the Contract on the basis of the submitted INDO, i.e. without conducting any negotiations. Please note, that each candidate can only submit 1 request for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity's participation does not provide for opportunity for mutual coordination of their applications and offers. DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity's participation does not threaten the transparency and distort competition between the tenderers. 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, the Public Procurement Act, if applications or tenders do not fulfil the formalities of the tender documents. Candidates are asked to submit their request to participate via ETHICS. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail. DALO have prepared a pre-qualification questionnaire which candidates are strongly encouraged to use when submitting their applications. The pre-qualification 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 via ETHICS. The permalink is stated in section I.1). According to the EU defence directive, a candidate may rely on the technical and/or professional 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. Questions regarding the pre-qualification should be forwarded through ETHICS. The permalink is stated in section I.1). Questions should be forwarded no later than the 8.11.2017.

Yderligere oplysninger

Objekt
Omfanget af udbuddet
Kort beskrivelse:

This tender procedure concerns one (1) Contract notice divided into two (2) Contract lots where each Contract lot includes one (1) contract with one (1) framework agreement (Sustainment contract).

Contract lot 1:

Contract lot 1 concerns the acquisition of four (4) TACAN Stations including initial spare parts packages and training. For air navigation purposes DALO plans to procure four (4) new TACAN Stations which consists of a ground beacon/transponder, an antenna group and a remote/control system. The TACAN Stations are used by military aircrafts as a short-range navigation aid and as an airfield facility. The tenderers will be responsible for the installation, testing, training and setting to work for the TACAN Stations.

Contract lot 2:

Contract lot 2 concerns the acquisition of one (1) TACAN FIS including training. DALO plans to procure one (1) new TACAN FIS. The TACAN FIS shall be used for making periodical flight inspections of the procured TACAN Stations to make sure that the TACAN Stations fulfil NATO standard requirements. The tenderers will be responsible for the installation, testing, training and setting to work for the TACAN FIS.

Please notice, that the terms and conditions in the contracts and framework agreements are not identical, nor are the Requirement Specifications that are specific for each contract and each framework agreement in the Contract lots. Each Contract lot is therefore subject to their own contractual terms and conditions further specified in the contracts and framework agreements including annexes and appendixes/Special appendixes.

For each Contract lot the tenderers shall be willing to provide system sustainment (spare parts, service, and maintenance) via a framework agreement (sustainment contract) for a period of 22 years. The tenderers shall therefore make an offer on both the contract and the framework agreement to be able to make an offer for a Contract lot. Tenderers can make an offer for both Contract lots.

Delkontraktnummer: 1
Delkontraktens titel: Acquisituion of four (4) TACAN Stations
Kort beskrivelse:

Contract lot 1 concerns acquisition of four (4) TACAN Stations which consists of a contract including annexes and a framework agreement including appendixes/Special appendices.

Mængde eller omfang: Four (4) TACAN Stations.
Delkontraktnummer: 2
Delkontraktens titel: Acquisition of one (1) TACAN FIS
Kort beskrivelse:

Contract lot 2 concerns one (1) TACAN FIS which consists of a contract including annexes and a framework agreement including appendixes/Special appendices.

Mængde eller omfang: One (1) TACAN FIS.

Contract lot 1: Four (4) TACAN Stations.

Contract lot 2: One (1) TACAN FIS.

Beskrivelse af mulighederne:

For Contract lot 1 and 2 apply, that the contracts are supported by framework agreements (sustainment contracts). The framework agreements shall be valid for seven (7) years with the option for renewal three (3) times for periods of five (5) years.

Foreløbig tidsplan for udnyttelse af optioner: 60 måneder
Mindste antal mulige forlængelser: 1
Maksimalt antal mulige forlængelser: 3

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

When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating to which degree the tenderer has unpaid overdue debt in relation to tax, duties or social security contributions under Danish law or under the law of the country in which the tenderer is established. A template for the declaration will be provided with the tender documents, and the tenderer is encouraged — but not obliged — to use it.

Be advised, that DALO shall exclude a tenderer which has unpaid overdue debt of 100 000 DKK or more to public authorities in relation to tax, duties pr spcial security contributions under Danish law or under the law of the country in which the tenderer is established.

However, DALO may not exclude a tenderer which has provided sufficient documentation that the tenderer is reliable. DALO will decide whether the documentation is sufficient, hence the tenderer is considered reliable, based on the guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act No 1564 of 15.12.2017 — The Public Procurement Act.

Teknisk og faglig kompetence:

A list of the most important similar deliveries (references), cf. section II.1.5) in regards to the lot or lots which the candidate has requested to participate in, carried out within the past 5 (five) years prior to the deadline for the request to participate.

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 IV.1.2) if the minimum requirements for sustainability stated below is fulfilled. If the delivery in question is ongoing, it is only the part of the supplies performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference).

Contract lot 1 (TACAN Stations): The list of similar deliveries should preferably include a short description of each delivery. The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the services and/or supplies, described in section II.1.5). The description should also contain information on the date of the deliveries, the size 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).

Contract lot 2 (TACAN FIS): The list of similar deliveries should preferably include a short description of each delivery. The description of the deliveries should include a clear indication of which specific parts the deliveries are similar to the services and/or supplies, described in section II.1.5). The description should also contain information on the date of the deliveries, the size 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).

When specifying the date for the deliveries, the candidate should state the date for the commencement and completion of the deliveries. 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.

Please note that 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.

Mindstekrav til niveauet:

The candidate must demonstrate experience with as a minimum one similar delivery, cf. section II.1.5), within the past five (5) years prior to the deadline for the request to participate.

Kontraktens udførelse
Krav om deponering og sikkerhedsstillelse:

If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be 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 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 contracts.

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

No particular legal form is required. If the the contract and framework agreement are 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:

For Contract lot 1 and 2 apply, that the contracts and framework agreements must be conducted in consideration of social responsibility and it contains a labour clause, please see clause 4.10 of the contracts in Contract lot 1 and 2 and Appendix B of the framework agreement in Contract lot 1 and 2 for further information.

Procedure
Rammeaftalens varighed i år: 22
Begrundelse for rammeaftaler med en varighed på mere end fire år:

The framework agreements concerns sustainment. The duration of maximum 22 years incl. options for renewal is justified particular on the grounds: The TACAN Stations and TACAN FIS has an expected life span of approximately 22 years why DALO needs sustainment that exceeds 7 years. Furthermore, needed knowledge and experience will be gathered in particular in relation of yearly calibration.

Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse:

Contract Lot 1: TACAN Stations:

The limitation of candidates will be based on an evaluation of those candidates that have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) above. DALO will evaluate it positive if a candidate have documented deliveries of a complete set of TACAN Stations. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). 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.

Contract Lot 2: TACAN FIS

The limitation of candidates will be based on an evaluation of those candidates that have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) above. DALO will evaluate it positive if a candidate have documented deliveries of a complete TACAN FIS for use in air planes. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). 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.

Sprog
Sprog: engelsk 🗣️

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: Nævnenes Hus
Kontakt
Enhed: Peter Thomsen
Internetadresse: www.fmi.dk 🌏
Køberprofilens adresse: www.fmi.dk 🌏
URL til deltagelse: https://www.ethics.dk/ethics/eo#/d75beb8b-bdf0-45d7-9dc5-da37231d705a/homepage 🌏
E-mail: kfst@kfst.dk 📧

Reference
Identifikatorer
Type af tidligere offentliggørelse: Prior_information_notice

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Postadresse: Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
E-mail: klfu@naevneneshus.dk 📧
Telefon: +45 72405708 📞
Internetadresse: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud 🌏
Oplysninger om frister for klageprocedurer:

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.

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: www.kfst.dk 🌏
Kilde: OJS 2017/S 204-421883 (2017-10-20)

Bekendtgørelse om indgåede kontrakter (2018-11-13)
Objekt
Omfanget af udbuddet
Den samlede værdi af udbuddet: 25 942 591 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse

Reference
Datoer
Afsendelsesdato: 2018-11-13 📅
Offentliggørelsesdato: 2018-11-16 📅
Identifikatorer
Bekendtgørelsesnummer: 2018/S 221-506975
Henviser til bekendtgørelse: 2017/S 204-421883
EUT-S-nummer: 221
Yderligere oplysninger

The value stated in section V.4) is an evaluation price of the winning tender only, and does not constitute the exact value of the agreement nor a minimum committed purchase by DALO.

Procedure
Kriterier for tildeling
Kriterium: Life Cycle Costs (100)

Tildeling af kontrakt
Navn: Thales Deutschland GmbH
Postadresse: Thalesplatz 1
Postby: Ditzingen
Postnummer: 71254
Land: Tyskland 🇩🇪
Navn: Airfield Technology Inc.
Postadresse: 12897 West 151 street, Suite A
Postby: Olathe
Postnummer: 66062
Land: USA 🇺🇸

Ordregivende myndighed
Kontakt
URL til dokumenter: https://www.ethics.dk/ethics/eo#/d75beb8b-bdf0-45d7-9dc5-da37231d705a/homepage 🌏

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for udbud (The Complaints Board for Public Procurement)
Oplysninger om frister for klageprocedurer:

Pursuant to Section 7(2) of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), 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, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included a short account of the relevant reasons for the decision.

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.3.1.

The Complaints Board for Public Procurement’s own guidance note concerning complaints is available at the internet address stated in section VI.3.1.

Kilde: OJS 2018/S 221-506975 (2018-11-13)

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