Public procurement notice: Contract Notice
Published: 2019-02-11
Buyer: Danish Defence Acquisition and Logistics Organizations
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35711000 | 35712000
Estimated value:  EUR
Submission deadline: 2019-03-14
Award criteria: The most economic tender

Technical requirements: Deployable Satcom Terminals, WGS Certified. The terminals must be non-motorized (non-motorized in relation to tracking space segment). The terminals must cover X, Ku and Ka-band and must be WGS — certified. The reflector must be between 2,2 and 2,6 m. The terminals are intended for deployment for several years in different applications and climate zones. The agreement also includes training, support, documentation and all spare parts and accessories related to the terminals.
Reference is made to the tender 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.
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.
The Framework Agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause, please see Appendix B for further information.
When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating (1) that the tenderer is not subject to any of the reasons for exclusion stated in art. 39(1) or 39(2) 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 tender documents, and the tenderer is encouraged – but not obliged — to use it. Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of 100 000 DKK 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. 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 15.12.2015 – The Public Procurement Act.
A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 3 (three) years prior to the deadline for the request to participate. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ 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 carried out within the past 3 (three) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been carried out within the past 3 (three) or if a part of the supplies has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the Candidate/tenderer clearly states which part (e.g. with regards to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 3 (three). 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. 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/quantity/volume 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 information 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.
The Candidate must demonstrate experience with as a minimum one similar delivery within the past 3 years, prior to the deadline for the request to participate. A “similar delivery” shall be understood as Deployable Satcom Terminals, WGS Certified. The terminals must cover either X or Ka-band and must be WGS-certified. The reflector must be between 1 m and 3 m.
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 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.
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 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 e-mail. 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 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). The questionnaire is available upon request from the contact point stated in section I.1) above. 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 pre-qualification questionnaire referred to above.
Pursuant to Section 3 of the Danish Consolidation Act no. 593 of 2.6.2016 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 a short account of the relevant 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 (with effect from the day following the publication date);
2) 30 calendar days starting the day after the Contracting Authority has informed 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 a short account of the relevant reasons for the decision;
3) 6 months starting the day after the Contracting Authority has sent notification to the Candidates/tenderers involved that the Contracting Authority has entered into the Framework Agreement, provided that the notification included a short account of the relevant reasons for the decision.

Eligibility requirements: A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 3 (three) years prior to the deadline for the request to participate. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ 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 carried out within the past 3 (three) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been carried out within the past 3 (three) or if a part of the supplies has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the Candidate/tenderer clearly states which part (e.g. with regards to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 3 (three). 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. 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/quantity/volume 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 information 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. The Candidate must demonstrate experience with as a minimum one similar delivery within the past 3 years, prior to the deadline for the request to participate. A “similar delivery” shall be understood as Deployable Satcom Terminals, WGS Certified. The terminals must cover either X or Ka-band and must be WGS-certified. The reflector must be between 1 m and 3 m.
A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 3 (three) years prior to the deadline for the request to participate. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing if the minimum requirement for suitability stated below is fulfilled/ 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 carried out within the past 3 (three) years and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). Consequently, if a part of the supplies has not been carried out within the past 3 (three) or if a part of the supplies has not been completed at the time of the deadline for the request to participate, this particular part will not be included in the assessment of the delivery (reference). Therefore, it is important that the Candidate/tenderer clearly states which part (e.g. with regards to size, value, quantity or volume) of an ongoing delivery (reference) that has been carried out within the past 3 (three). 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. 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/quantity/volume 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 information 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.
The Candidate must demonstrate experience with as a minimum one similar delivery within the past 3 years, prior to the deadline for the request to participate. A “similar delivery” shall be understood as Deployable Satcom Terminals, WGS Certified. The terminals must cover either X or Ka-band and must be WGS-certified. The reflector must be between 1 m and 3 m.