Acquisition of NATO Class 1, Small, Unmanned Aircraft Systems (UAS), including sustainment, support and training

Yderligere oplysninger

The estimated value of the framework agreement is 750,000,000 DKK and the maximum value of the framework agreement is 1,300,000,000 DKK. 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 framework agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the results of the upcoming budget negotiations for the Danish Defence. If more funds are allocated to financing NATO Class I, Small, UAS than what is expected at the moment, this will most likely lead to a significant larger expenditure on the framework agreement. Secondarily the uncertainty regarding the final value of the framework agreement is caused by how extensively the deliverables of the framework agreement will be distributed in the Danish Defence. If decision is made that the deliverables in question shall be utilized by more groups of personnel than what is actually decided for now, this will lead to a significant larger expenditure on the framework agreement than what is expected at the moment.

Regarding section II.3): Note that the duration of the framework agreement is up to 10 years calculated from the delivery of the initial purchase, cf. section II.1.5. Thus, the actual duration time is somewhat longer than 10 years and depends on the delivery time of the initial purchase.

Regarding section III.1.4: As part of the prequalification application the candidate is asked to submit a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions. If the self-declaration is not submitted or is inadequate, the candidate cannot be taken into consideration for the framework agreement and may be excluded from participation in the procurement process. However, in this connection DALO reserves the right, at any time during the tender process, to let the candidate rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the ETHICS web portal) which must be used as a statement.

When associations of several entities (eg. Consortiums), including temporary joint ventures, participate as one tenderer, the self-declaration must be filled out separately for each of the participating entities.

Regarding section IV.3.6): Note, that the procure documents are 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. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English. DALO will conduct an information meeting on the platform Microsoft Teams on February 28th 2023, 15.00-16.00 o’ clock Danish time. The meeting will be conducted in English and DALO will distribute minutes of the meeting in English. Registration for the information meeting should be done by using the message module in ETHICS (the permalink is stated in section I.1) which will be answered by DALO with a link for the meeting.

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, ie. without conducting any negotiations.

DALO reserves the right to conduct a test as part of the tender evaluation (expectedly in Q3 2023 before the negotiations).

Please note, that each candidate can only submit 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 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 procurement 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 prequalification 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 via ETHICS. The permalink is stated in section I.1).

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.

Attention is drawn to Article 5k in Regulation (EU) No 833/2014, as amended, which applies for the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). DALO may at any time during the tender process require that the candidates/tenderers prove that they are not covered by the prohibition, for example by requiring a declaration to this effect and/or documentation regarding the candidates/tenderers and any subcontractors’ place of establishment and ownership.

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.

Kort beskrivelse

The framework agreement covers the purchase of NATO Class I, Small, Unmanned Aircraft System (hereafter UAS) for the Danish MoD. The framework agreement includes an initial purchase of three UAS and two extra GCS. Furthermore, the framework agreement covers the purchase of sustainment (spare parts and repair services), other support services and training services related to the UAS, as well as additional UAS subsystems.

Yderligere oplysninger om fornyelser

The framework agreement covers the purchase of NATO Class I, Small, Unmanned Aircraft System (hereafter UAS) for the Danish MoD. The framework agreement includes an initial purchase of three UAS and two extra GCS. Further more, the framework agreement covers the purchase of sustainment (spare parts and repair services), other support services and training services related to the UAS, as well as additional UAS subsystems.

Hovedpunkterne i proceduren

DALO invited the three tenderers based on a prequalification proces by letter of 5 April 2023 to submit their indicative offer. DALO received offers from all three tenderers and conducted negotiations based on these offers in June 2023. Subsequently, FMI requested by letter of 30 June 2023 the tenderers to submit their best and final offer. DALO received offers from all tenderers on which basis DALO decided to conduct a short round of negotiations based on the offers. Subsequently, DALO requested by letter of 10 October 2023 the tenderers to submit an extra best and final offer with a submission deadline of 6 November 2023. DALO received three offers, which have been included in the tender evaluation, see the following.

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.