Acquisition of a Secure Voice Communication System (VCS) and appertaining sustainment services

Yderligere oplysninger

Regarding section IV.3.6): Please note that the tender material is in English. However, it is permissible to submit applications for participation and offers in either Danish or English. Negotiations during the tender procedure may be conducted in Danish or English depending on the preferences of the specific tenderer. However, the minutes of these meetings will be drafted in English. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.

Regarding section II 2.1): The estimated value of the framework agreement and acquisition contract combined is DKK 150 mio. and the maximum value of the framework agreement and the acquisition contract combined is DKK 350 mio. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the Sustainment Framework Agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the Sustainment Framework Agreement in its duration.

The uncertainty regarding the final value of the Sustainment Framework Agreement and the acquisition contract is primarily caused by uncertainty regarding exactly how extensively the need for acquiring services, in particular the need for functional improvements of the VCS, under the Sustainment Framework Agreement will be. This is primarily due to the fact that changes to the operational needs for the VCS of the Danish Defence compared to the existing situation may cause a significant larger expenditure on the framework agreement than what is expected at the moment.

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.

Essential parts/documents of the tender material will be classified to the classification level TIL TJENESTEBRUG (equivalent to the classification level NATO RESTRICTED). The tender material will in general only be made available for the prequalified candidates/tenderers.

The applied evaluation method for the offers received from the prequalified tenderers entails a user test. The user test shall be arranged by the tenderer (by setting up a test environment) at the tenderer’s expense. The DALO user evaluation team’s travel and accommodation costs will be at DALO’s expense. Further information regarding this user test is stated in the tender material.

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.

Candidates are asked to submit their request to participate via Digitale Udbud. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.

If the candidate’s request to participate includes documents that are classified, candidates are asked to submit their request to participate in 3 (three) hard copies and electronically on a CD/USB or equivalent medium in a sealed envelope marked ‘Danish Defence Acquisition and Logistics Organisation (DALO), Post- og varemodtagelsen, Lautrupbjerg 1-5, DK-2750 Ballerup, Denmark, Att.: Jette Røygaard, PK-PP204, application regarding secure voice communication system, 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.

DALO have prepared a prequalification questionnaire (PQQ) 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, also if the PQQ is used. 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. 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 fulfill the formalities set out in the tender documents.

The questionnaire is available via Digitale Udbud. The permalink is stated in section I.1).

Please note that each candidate may only submit 1 (one) 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 the 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.

According to the EU defence directive, a candidate may rely on the economic and financial standing and/or 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 prequalification questionnaire referred to above.

The Agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence is entitled to use the Agreement.

DALO encourages the candidates to submit any questions regarding the request to participate in the tender procedure (prequalification), including questions regarding the prequalification criteria and the use of DALO’s PQQ template. This shall be done via the electronic tendering system, Digitale Udbud. The permalink is stated in Sec-tion I.1).

Questions received no later than 14 days before the deadline for the request to participate, cf. section IV.3.4), will be answered by DALO no later than 6 days before the deadline. Questions received later than 14 days before the deadline will however be answered unless the nature of the question makes it disproportionately onerous for DALO to answer 6 days before the deadline. Answers to questions received later than 6 days before the deadline cannot be expected.

Økonomisk og finansiel stilling

Annual reports or excerpts thereof or other documentation stating the candidate’s annual turnover for the last 3 (three) financial years, if publication of annual reports is required under the law of the country in which the candidate is established, and to the extent such information is available.

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

Reference is made to the tender material regarding payment terms. Invoicing shall be done in accordance with applicable Danish legislation on public payments. At present, this is the Danish Consolidation act. No 798 of June 2007, which requires invoicing to be done electronically. Exact terms will be stated in the Contract.

Kort beskrivelse

1) General description of the Contract:
This contract award notice concerns DALO´s award of an Acquisition Contract,
with a Sustainment Framework Agreement, for a VCS, including sustainment, i.e.
development, implementation, maintenance and support during its life time (20
years).
In order to facilitate both the acquisition and the sustainment, the procurement
includes two main contractual agreements: an Acquisition Contract and a Sustainment Framework Agreement (together the “Contract”). These two agreements are mutually dependent and shall be seen together as a whole regulating the contractual relations between SAAB Danmark A/S and DALO.
2) The Acquisition Contract:
The VCS facilitate voice communication between ground operational centers and
other ground based operational entities as well as communication to and from
aircrafts and vessels. The VCS will be used intensively and on a continuous basis
(24/7/365) by the Danish Defence, including and foremost the Royal Danish Navy in
relation to maritime surface surveillance and the Royal Danish Air Force for air
surveillance, air battle management and Command and Control.
Consequently, it is of utmost importance that the VCS and its functionalities operate with a high level of availability. Furthermore, in order for the VCS to efficiently contribute to the missions and operations within the span of tasks under the Danish Defence, the VCS have the following functionalities and characteristics:
The VCS shall be scalable in terms of the number of centers, users and radios, the
types of radios and services. The VCS is to be installed in Denmark on approx. 40
remote radio sites and 5 operational centers, one Test and School System, and one
Reference System for reproduction of problems and test of software updates. Each
radio site may have different types of radios allocated including HF, VHF, UHF and
TETRA radios. Furthermore, the VCS shall integrate a voice recording system and a
Cisco Call Manager based IP-telephone system operated by the Danish Defence (GFE).
The VCS shall be security accredited to the classification level NATO SECRET and
the Danish classification level HEMMELIGT. It is noted that NATO SECRET and
HEMMELIGT is two individual accreditation approvals.
The VCS’ primary function is to interconnect radios, telephone systems, intercom
and public announcement systems. Besides the VCS’ primary function, the VCS
shall be able to separate voice communication in minimum two security domains up
to and including the classification levels NATO SECRET and HEMMELIGT.
The VCS shall have a dedicated management system. VCS system components
shall be capable of being used in all locations with an available IP infrastructure,
including satellite links with high latency. The VCS shall be based on End-to-End IP
architecture.
TEMPEST modified equipment in the VCS shall be compliant to NATO SDIP-27. The VCS will be using DALO’s own government furnished equipment (GFE), including IP-WAN, cryptographic devices and Voice Recorders and shall be designed to integrate a wide range of different types of radios. TEMPEST modified equipment is also required at selected locations of the VCS.
As part of the Contract, SAAB Danmark A/S shall deliver system documentation and technical maintenance documentation for the VCS. Furthermore, SAAB Danmark A/S shall deliver initial training and education for all kinds of users, including operators, system administrators and super-users.
3) The Sustainment Framework Agreement:
During the expected lifetime of the VCS, DALO shall be able to acquire development and repair services and maintenance, including the possibility to acquire spare parts as well as off site and on site technical support. As part of these deliverables, SAAB Danmark A/S shall ensure that the system documentation and the technical maintenance documentation are kept updated continuously. On request, DALO shall be able to acquire training and education for all kinds of users, including operators, system administrators and super-users, remote radio site technicians as well as tailor made courses. Furthermore, SAAB Danmark A/S shall host a Reference system at a location in Denmark.

Yderligere oplysninger

The value set out in 6.1.2. is the technical evaluation price (only) applied as part of the tender evaluation, and thus does not reflect the final value of the Contract, nor is DALO obliged to make purchases corresponding to that value.

It should be noted that “yes” has been chosen in the field “The contract is awarded within a framework agreement”, where reference is also made to planning notice 557419-2021. This is solely for system technical reasons, as it is emphasized that the award notice concerns a framework agreement and not a contract awarded as part of a framework agreement.

Yderligere omfattede købere

The agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence, is entitled to use the agreement for procurement on the terms and conditions of the agreement.

Yderligere oplysninger

The value set out in 6.1.2. is the technical evaluation price (only) applied as part of the tender evaluation, and thus does not reflect the final value of the Contract, nor is DALO obliged to make purchases corresponding to that value.

It should be noted that “yes” has been chosen in the field “The contract is awarded within a framework agreement”, where reference is also made to planning notice 557419-2021. This is solely for system technical reasons, as it is emphasized that the award notice concerns a framework agreement and not a contract awarded as part of a framework agreement.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Pursuant to section 7(2) of the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply:

1) Forty-five calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.

3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2), or section 171(4) of the Public Procurement Act.

The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 3(1) or (2). In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1).

The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.