Public procurement notice: Contract Award Notice
Published: 2024-10-07
Buyer: Danish Ministry of Defence Acquisition and Logistics Organisation
Country: DK
Region: DK012
Contract type: Supplies
Procedure: Restricted procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35600000: Military aircraft, missiles and spacecraft | 35610000: Military aircraft | 35620000 | 35730000: Electronic warfare systems
Estimated value: 36000000 DKK
Award criteria: price, quality

Technical requirements: This notice only concerns Lot 5 of this tender, named "Lot 5 - Special Material Decoy (SMD) Flares.
Lot 5 is annulled by this notice.
Available in the tender materials after pre-qualification.
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:    

Complaints regarding a candidate not being prequalified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting entity has sent notification to the candidates involved, see section 7(1) of the Act on The Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision.

In accordance with section 7(2) of the Act on The Complaints Board for Public Procurement, other complaints must be filed with The Complaints Board for Public Procurement within:
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.
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.
LOT 5: Special Material Decoy (SMD) Flare
Pyrophoric flare that reacts rapidly with oxygen.
Purpose: to combat and divert heat-seeking missiles.
Dispense system: ACMDS, ALE 47.
Available: for fast jet, transport and rotary wing aircrafts aircraft
Platforms tendered: F-35 JSF, MH-60R.


Winner: Mercell Holding ASA
Number of bids: 1