130 mm Naval Counter Measures

Danish Defence Acquisition and Logistics Organization

The Danish Defence Acquisition and Logistics Organization (DALO) is putting the acquisition of Decoy Cartridges (DC), specifically 130MM Naval Countermeasure Rounds up for tender.
In order to protect DALO ships from hostile missile attacks, DALO has a need for acquiring DC's.
Royal Danish Navy has used DC's as a soft kill weapon against missile threats the last 30 years.
DALO assess that the use of soft kill in combination with hard kill will have a significantly positive impact for the probability of self protection against hostile attacks.
The purpose of acquiring DC’s is to be able to create a ‘false’ radar signature (Radar Cross Section (RCS)) sending the radio signature away from DALO’s ship. In order to induce the missile threat to attack the ‘false’ signature it is required that the ‘false’ signature is larger than the signature released from DALO’s own ships signature. To make a larger signature than DALO’s ship, it may be necessary to use more than one DC.
The Royal Danish Navy vessels are currently using the C-Guard system produced and delivered by TERMA A/S with launcher type MK 137 (NSN 1055226149753) to launch the Decoy Cartridge.
Loading of launchers will possibly be done prior to going to sea and loading/reloading may occur when vessels are operating out at sea.
In order to cover DALO's demands, DALO will enter two lots:
Lot 1: 130MM Distraction Decoys;
Lot 2: 130MM Seduction Decoys.

Deadline

Fristen for modtagelse af bud var på 2021-02-05. Indkøbet blev offentliggjort på 2021-01-06.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• ANNULLED
• Chemring Countermeasures Limited

Hvem?

• Danish Defence Acquisition and Logistics Organization

Hvad?

• Artilleri › Mortérer
• Våben, ammunition og tilbehør dertil › Ammunition

Hvor?

• Danmark

Indkøbshistorik

Dato	Dokument
2021-01-06	Udbudsbekendtgørelse
2021-08-31	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2021-01-06)
Objekt
Omfanget af udbuddet
Titel: Sikkerheds-, brandbekæmpelses, politi- og forsvarsudstyr
Mængde eller omfang: 80 000 00096 000 000
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Varer
Forordning: Den Europæiske Union
Fælles glossar for offentlige kontrakter (CPV)
Kode: Sikkerheds-, brandbekæmpelses, politi- og forsvarsudstyr 📦

Procedure
Procedureform: Udbud efter forhandling
Bud-type: Indsendelse gældende for én eller flere delaftaler
Kriterier for tildeling
Den laveste pris

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
Postadresse: Lautrupbjerg 1-5
Postnummer: 2750
Postby: Ballerup
Kontakt
Internetadresse: http://www.fmi.dk 🌏
Telefon: +45 72814000 📞

Reference
Datoer
Afsendelsesdato: 2021-01-06 📅
Tilbudsfrist: 2021-02-05 📅
Offentliggørelsesdato: 2021-01-11 📅
Identifikatorer
Bekendtgørelsesnummer: 2021/S 006-010233
Henviser til bekendtgørelse: 2017/S 247-521702
EUT-S-nummer: 6
Yderligere oplysninger

This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, 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 one request for participation for each lot. If the same legal entity is a part of or in any other way participates in several applications for the same lot, 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 December 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 email. 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 emphasised 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. Regarding section II.2.1): the estimated value of the framework agreement is KR 40-48 million for both lot 1 and lot 2. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreements. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreements at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreements in its duration.

Yderligere oplysninger

This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, 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 one request for participation for each lot. If the same legal entity is a part of or in any other way participates in several applications for the same lot, 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 December 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 email.

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 emphasised 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.

Regarding section II.2.1): the estimated value of the framework agreement is KR 40-48 million for both lot 1 and lot 2. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreements. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreements at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreements in its duration.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

The Danish Defence Acquisition and Logistics Organization (DALO) is putting the acquisition of Decoy Cartridges (DC), specifically 130MM Naval Countermeasure Rounds up for tender.

In order to protect DALO ships from hostile missile attacks, DALO has a need for acquiring DC's.

Royal Danish Navy has used DC's as a soft kill weapon against missile threats the last 30 years.

DALO assess that the use of soft kill in combination with hard kill will have a significantly positive impact for the probability of self protection against hostile attacks.

The purpose of acquiring DC’s is to be able to create a ‘false’ radar signature (Radar Cross Section (RCS)) sending the radio signature away from DALO’s ship. In order to induce the missile threat to attack the ‘false’ signature it is required that the ‘false’ signature is larger than the signature released from DALO’s own ships signature. To make a larger signature than DALO’s ship, it may be necessary to use more than one DC.

The Royal Danish Navy vessels are currently using the C-Guard system produced and delivered by TERMA A/S with launcher type MK 137 (NSN 1055226149753) to launch the Decoy Cartridge.

Loading of launchers will possibly be done prior to going to sea and loading/reloading may occur when vessels are operating out at sea.

In order to cover DALO's demands, DALO will enter two lots:

Lot 1: 130MM Distraction Decoys;

Lot 2: 130MM Seduction Decoys.

Delkontraktnummer: 1
Delkontraktens titel: 130MM Distraction Decoys
Kort beskrivelse:

The Distraction Decoy is a pure chaff cartridge which is used to confuse/distract a radar seeking missile before it is discovered/locked by own unit. The Distraction Decoy is launched 1 000-2 000 meters away from own unit.

Anslået værdi uden moms: 40 000 000 💰
48 000 000 💰
Delkontraktnummer: 2
Delkontraktens titel: 130MM Seduction Decoys
Kort beskrivelse:

The Seduction Decoy a pure chaff cartridge which is used to confuse/seduce a radar seeking missile, when it is locked on own unit. The Seduction Decoy is launched approximately 150 meters away from own unit.

Anslået værdi uden moms: 80 000 000 💰
96 000 000 💰
Varighed: 84 måneder

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

When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and (2) 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 procurement documents, and the tenderer is encouraged — but not obliged — to use it. If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.

Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of DKK 100 000 or more to public authorities 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, unless the tenderer has provided collateral for the overdue debt, will provide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.

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 guidelines equal to the guidelines provided for in Section 138(1-4) of the Danish Act No 1564 of 15 December 2015 — 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, carried out within the past 3 (three) years prior to the deadline for the request to participate.

Similar deliveries means deliveries of Decoy Cartridges for military purpose.

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 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).

The list 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 supplies, described in section II.1.5), in regards to the lot or lots which the candidate has requested to participate. The description should also including a description of the candidates participation/role in the performance of the deliveries. 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 in-formation on how the date is set.

The list must contain a maximum of 5 previous deliveries, whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 5, DALO will only consider the first 5 deliveries on the list. Deliveries beyond that will be disregarded.

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.

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

Reference is made to the procurement 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 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 one supplier to represent the group.

Andre særlige vilkår:

The framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Appendix B – CSR Requirements for further information.

Procedure
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 in regards to the lot or lots which the candidate has requested to participate, in terms of the nature and quantity of the previous deliveries. 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.

Datoer
Dato for afsendelse af opfordringer til at afgive tilbud eller deltage til de udvalgte ansøgere: 2021-02-09 📅
Sprog
Sprog: engelsk 🗣️
Andre sprog: Danish.

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: Nævnenes Hus
Kontakt
Enhed: Mads Gøtke
Internetadresse: www.fmi.dk 🌏
URL til deltagelse: https://www.ethics.dk/ethics/eo#/5b4b9768-4786-463d-b599-9544eab95310/homepage 🌏
E-mail: kfst@kfst.dk 📧
URL til dokumenter: https://www.ethics.dk/ethics/eo#/5b4b9768-4786-463d-b599-9544eab95310/homepage 🌏

Reference
Datoer
Offentliggørelsesdato: 2017-12-23 📅
Identifikatorer
Type af tidligere offentliggørelse: Prior_information_notice
Yderligere oplysninger

Please note, that each candidate can only submit one request for participation for each lot. If the same legal entity is a part of or in any other way participates in several applications for the same lot, 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 December 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 email.

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 emphasised 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.

Regarding section II.2.1): the estimated value of the framework agreement is KR 40-48 million for both lot 1 and lot 2. The reason for the interval stated is the uncertainty regarding the actual value of the framework agreements. Hence, the lower limit of the interval constitutes DALO’s most qualified estimate of the actual value of the framework agreements at the present moment, while the upper limit of the interval constitutes the expected maximum value of the framework agreements in its duration.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for udbud (The Complaints Board for Public and 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 the Danish Consolidation Act No 593 of 2 June 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 starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2).

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).

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 2021/S 006-010233 (2021-01-06)

Bekendtgørelse om indgåede kontrakter (2021-08-31)
Objekt
Omfanget af udbuddet
Den samlede værdi af udbuddet: 48 000 000 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse
Kriterier for tildeling
Uspecificeret

Ordregivende myndighed
Kontakt
E-mail: fmi-sd-aam06@mil.dk 📧

Reference
Datoer
Afsendelsesdato: 2021-08-31 📅
Offentliggørelsesdato: 2021-09-03 📅
Identifikatorer
Bekendtgørelsesnummer: 2021/S 171-447999
Henviser til bekendtgørelse: 2021/S 006-010233
EUT-S-nummer: 171
Yderligere oplysninger

the reason for the annullment of Lot 2 - Seduction Decoys was that DALO had come to the conclusion that certain requirements had not been described in a suffiiently detailed manner.

Tildeling af kontrakt
Navn: Chemring Countermeasures Limited
Postadresse: High Post,
Postby: Salisbury SP4 6AS
Land: Storbritannien 🇬🇧
Navn: Annulled
Postadresse: Not relevant
Postby: Not relevant
Land: Danmark 🇩🇰

Supplerende oplysninger
Gennemgå organ
Oplysninger om frister for klageprocedurer:

Pursuant to the Danish Consolidation Act no. 593 of 2 June 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:

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.

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) ..

Kilde: OJS 2021/S 171-447999 (2021-08-31)

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