Supply and sustainment of iDirect hardware and software

Yderligere oplysninger

Regarding section II.2.1): The estimated value of the framework agreement is EUR 2.200.000 and the maximum value of the framework agreement is EUR 6.500.000. 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 Danish Defence’ operational needs through the duration of the framework agreement, including uncertainty about specific deployments and mission areas in particular, which is not possible to foresee for the entire span of the framework agreement. Thus, changes to the operational needs of the Danish Defence compared to the existing situation and needs 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.

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.

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.

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

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 framework agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions.

Upon prequalification application the applicant is asked to sign a self-declaration, on compliance with labour clauses, CSR obligations and international sanctions.

If the self-declaration is not signed, the applicant will be excluded from participation in the procurement process.

DALO has uploaded a template which must be used as a statement. The template is included in the abovemen-tioned prequalification questionnaire (PQQ).

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

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 the Investment Screening Act (Act. No. 842 of 10 May 2021) according to which certain companies are required to apply for permission from the Danish Business Authority prior to entering into “special financial agreements” within particularly sensitive sectors and activities. Further information can be obtained from https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.

Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended by Regulation (EU) 2022/576 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 pro-cess require that the candidates/tenderers prove that they are not covered by the prohibition, for example by requiring documentation regarding the candidates’/tenderers’ and any subcontractors’ place of establish-ment and ownership.

Kort beskrivelse

In order to ensure sustained operation (24 hours a day, 365 days a year) of the iDirect equipment, DALO wishes to establish a framework agreement covering the supply and sustainment of iDirect hardware and software, including licenses, training, audit, support, etc.. The framework agreement shall ensure that DALO can acquire the necessary iDirect hardware, software, and support to operate our iDirect equipment.

Beskrivelse af mulighederne

The Agreement shall expire without notice 7 years after commencement. In addition to this, DALO shall be entitled to renew the agreement on the same terms for two continous periods for a total of 5 years, the first period for 3 years, and the second period for 2 years.

Økonomisk og finansiel stilling

Annual reports or excerpts hereof or other documentation stating the candidate’s annual turnover for the last 2 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.

Mindstekrav til niveauet

The candidate must demonstrate experience with as a minimum two similar deliveries within the past 5 years, prior to the deadline for the request to participate. A “similar delivery” shall be understood as supply and sustainment of iDirect hardware and software to an entity similar to DALO.

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.

Begrundelse for rammeaftaler med en varighed på mere end fire år

It is DALO's assesment that there is a limited opportunity for exposing the framework agreement for competition at a later moment, and that DALO will risk ending up in a sole supplier situation, before DALO's kapacity of iDirect equipment has to be replaced on an overall level, if the duration of the agreement is not set at potentially 12 years.

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 de-scribed in section II.1.5) above. In the evaluation, DALO will take into account 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.