Framework agreement regarding magnetrons to radar systems

Kort beskrivelse

The Danish Defence Acquisition and Logistics Organization (DALO) wishes to enter into af framework agreement with one supplier regarding delivery of magnetrons used in the following radar systems operated by the Danish Defence:
- SCANTER 2001/2001VTS
- RX/TX240100
- Northrop Grumman BridgeMaster E
- Consilium RTM25X-M/VTS
- Kongsberg 30kW s band
- Furuno FAR-2117 and FAR-2218
- JSF364C radar

As part of surveillance of Danish waters, the Danish Defence is operating SCANTER2001/2001VTS, RX/TX240100, Northrop Grumman BridgeMaster E, and JSF364C radar systems, and on Danish shooting ranges the Danish Defence are operating Consilium RTM25X-M/VTS, Kongsberg 30kW s band radars, and Furuno FAR-2117/FAR-2218 radar systems.

The magnetrons which are compatible with the radar systems and thus can be integrated in the radar systems are the following types of magnetrons:
1. Type MG5230T or equivalent
2. Type M5089T or equivalent
3. Type MG5239T or equivalent
4. Type MG5242T or equivalent
5. Type MG5231T or equivalent
6. Type T91003496-2, MG5424 or equivalent
7. Type M1475A, MG5459 or equivalent
8. Type MG5223, M1555 or equivalent
9. Type MAF 1425B, MG4010 or equivalent
10. Type FNE 1201 or equivalent
11. Type MAF 1611B, MG4004 or equivalent

Beskrivelse af udbuddet

The Danish Defence Acquisition and Logistics Organization (DALO) wishes to enter into af framework agreement with one supplier regarding delivery of magnetrons used in the following radar systems operated by the Danish Defence:
- SCANTER 2001/2001VTS
- RX/TX240100
- Northrop Grumman BridgeMaster E
- Consilium RTM25X-M/VTS
- Kongsberg 30kW s band
- Furuno FAR-2117 and FAR-2218
- JSF364C radar

As part of surveillance of Danish waters, the Danish Defence is operating SCANTER2001/2001VTS, RX/TX240100, Northrop Grumman BridgeMaster E, and JSF364C radar systems, and on Danish shooting ranges the Danish Defence are operating Consilium RTM25X-M/VTS, Kongsberg 30kW s band radars, and Furuno FAR-2117/FAR-2218 radar systems.

The magnetrons which are compatible with the radar systems and thus can be integrated in the radar systems are the following types of magnetrons:
1. Type MG5230T or equivalent
2. Type M5089T or equivalent
3. Type MG5239T or equivalent
4. Type MG5242T or equivalent
5. Type MG5231T or equivalent
6. Type T91003496-2, MG5424 or equivalent
7. Type M1475A, MG5459 or equivalent
8. Type MG5223, M1555 or equivalent
9. Type MAF 1425B, MG4010 or equivalent
10. Type FNE 1201 or equivalent
11. Type MAF 1611B, MG4004 or equivalent

Yderligere oplysninger

The mandatory exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act apply for this procurement.

The exclusion ground in section 134a of the Danish Public Procurement Act is a specific national exclusion ground. The provision stipulates that the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a candidate or tenderer that is subject to the ground for exclusion.

It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in "Participation, Exclusion grounds" (which is system-generated) may suggest this.

No particular legal form is required. If the agreement is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liability and appoint one supplier to represent the group.

The agreement is not divided into lots since a division of the agreement will undermine the economies of scale obtainable by one agreement and entail disproportionate costs due to subsequent contract administration.

As part of its offer, the tenderer must submit the European Single Procurement Document (ESPD).

Please note that a tenderer may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor), irrespective of the legal nature of the relations between the tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer must ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer’s own ESPD. The ESPD of the entity or entities in question must include equivalent information.

A tenderer may only submit one offer.

The tenderer and, if relevant, the participants in the group of entities and/or entities on which the tenderer relies, must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements.

It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. Any entities relied on must also sign the ESPD.

It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. 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 operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership.

If a tenderer relies on the capacity of other entities, see "Participation, Selection criteria" , the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot take into account the economic and financial standing of such entity or entities. DALO has prepared a template (available in the electronic tender system) to be used to confirm the legal obligation.

Regarding "Participation, Contract terms": As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the electronic tender system) which must be used as declaration.

Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities.

DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act.

Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act.

DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement.

The estimated value of the framework agreement is 10.000.000 DKK, and the maximum value of the agreement is 15.000.000 DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, including in particular uncertainty about specific deployments and mission areas, which is not possible to foresee for the entire span of the agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significantly larger expenditure under the agreement than what is expected at the moment.

Liste og kortfattet beskrivelse af udvælgelseskriterier

The equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last 2 financial years available.: The tenderer must have had an positive equity ratio in each of the last 2 financial years available.

The tenderer and other entities, if any, must state the 1) equity, 2) total assets and 3) equity ratio as key figures in the ESPD. The equity and total assets must be stated in DKK.

If the tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio will be calculated by dividing the sum of the equities of all participants with the sum of the total assets of all participants (the sum of equities/the sum of total assets x 100) in each of the last 2 financial years available.

If the tenderer relies on the economic and financial standing of an entity or entities (e.g. a parent or sister company or a subcontractor), the equity ratio will be calculated by dividing the sum of the tenderer’s and the entity’s/entities’ equity with the sum of the tenderer’s and the entity’s/entities’ total assets (the sum of equities/the sum of total assets x 100) in each of the last 2 financial years available.

Upon request from DALO, the tenderer must submit the following documentation:

Annual reports or excerpts thereof or other documentation stating the tenderer’s equity and total assets at the end of the last 2 financial years available if publication of annual reports is required under the law of the country in which the tenderer is established. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or other entities (e.g. a parent or sister company or a subcontractor), the documentation must also be provided for each such entity or entities.

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

Payment shall take place no later than 30 days after the supplier has forwarded a satisfactory invoice to DALO. The specific payment terms will be included in the tender documents.

Betingelser for opfyldelse af kontrakten

The agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to the tender documents for further information. In the procurement of the agreement, the risk profile is assessed to the following follow-up action (risk level): B.

Beskrivelse af udelukkelsesgrunde

Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator.

Beskrivelse af udelukkelsesgrunde

Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

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 mandatory exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act apply for this procurement.

The exclusion ground in section 134a of the Danish Public Procurement Act is a specific national exclusion ground. The provision stipulates that the contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure where the candidate or tenderer is established in a country that is included in the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO Government Procurement Agreement or other trade agreements committing Denmark to open the public procurement market to tenderers established in that country. However, for reasons of overriding public interest, the contracting entity may refrain from excluding a candidate or tenderer that is subject to the ground for exclusion.

It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in "Participation, Exclusion grounds" (which is system-generated) may suggest this.

No particular legal form is required. If the agreement is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liability and appoint one supplier to represent the group.

The agreement is not divided into lots since a division of the agreement will undermine the economies of scale obtainable by one agreement and entail disproportionate costs due to subsequent contract administration.

As part of its offer, the tenderer must submit the European Single Procurement Document (ESPD).

Please note that a tenderer may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor), irrespective of the legal nature of the relations between the tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer must ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer’s own ESPD. The ESPD of the entity or entities in question must include equivalent information.

A tenderer may only submit one offer.

The tenderer and, if relevant, the participants in the group of entities and/or entities on which the tenderer relies, must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 134a, 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements.

It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. Any entities relied on must also sign the ESPD.

It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. 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 operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership.

If a tenderer relies on the capacity of other entities, see "Participation, Selection criteria" , the candidate shall upon request provide statements of support or other documentation proving that the candidate has access to the necessary economic and financial standing, and that the entity referred to has a legal obligation to the candidate. If such documentation is not provided, DALO cannot take into account the economic and financial standing of such entity or entities. DALO has prepared a template (available in the electronic tender system) to be used to confirm the legal obligation.

Regarding "Participation, Contract terms": As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions. In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration.

DALO has uploaded a template (available in the electronic tender system) which must be used as declaration.

Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities.

DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfil the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act.

Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act.

DALO demands that the tenderer and each of the legal entities on whose economic and financial capacities the tenderer relies undertake joint and several liability for the performance of the agreement.

The estimated value of the framework agreement is 10.000.000 DKK, and the maximum value of the agreement is 15.000.000 DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration.

The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the operational needs of the Danish Defence through the duration of the agreement, including in particular uncertainty about specific deployments and mission areas, which is not possible to foresee for the entire span of the agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs may cause a significantly larger expenditure under the agreement than what is expected at the moment.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Pursuant to 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) 45 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 an agreement. 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 an agreement 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).

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 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal be granted suspensory effect, see section 12(1).

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