Public procurement notice: Contract Notice
Published: 2017-07-25
Buyer: Danish Defence Acquisition and Logistics Organization
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 35700000: Military electronic systems | 35720000: Intelligence and surveillance systems
Estimated value: 205000000 DKK
Submission deadline: 2017-08-22
Award criteria: The most economic tender

Technical requirements: Due to the nature of the products that are expected to have a service life that exceeds the seven (7) years described in directive 2009/81/EC and the fact that there could be technical difficulties in changing the supplier DALO will enter into an agreement with a duration of 10 years.
This notice concerns the establishment of a framework agreement regarding the acquisition of stabilized remote controlled weapon stations (hereinafter refered to as RCWS) for the Danish Defence, the framework agreement will also include a sustainment agreement covering spare parts, technical support in the form of modifications, technical assistance and updates and education. By a RCWS the Danish Defence Acquisition and Logistics Organization (hereinafter refered to as DALO) understands a complete weapon station consisting of 3 main components a) A base, which is the part outside of the vehicle, exclusive of weapon and sensors b) The sensors or sensor package and c) The human machine interface (HMI) consisting of display, control handle(s) and other controls. DALO is procuring RCWS for the Danish Army, where the RCWS will be placed on the newly acquired Piranha V vehicles. The RCWS that the Danish Defence is procuring will be used with a range of different weapons and shall have a range of functionalities. DALO is procuring a RCWS that as a standard configuration will mount a 12,7 mm HMG in single mount. It shall be possible to adapt the RCWS from the standard configuration by the use of an adaptor kit or similar to mount a 40 mm. AGL in single mount or a 7,62 mm MG in single mount, this shall be done by the maintenance crew in the Danish Defence. The RCWS shall be able to integrate 12,7 mm HMG in a coaxial mount with a 40 mm AGL as well as to integrate a 12,7 mm HMG in a coaxial mount with a 7,62 mm mG, this adaption shall be done by the maintenance crew in the Danish Defence. It is of great importance to DALO that the RCWS that is acquired can be modified as to accommodate other weapons that DALO might acquire in the future. And therefore DALO is looking for a RCWS that has modification possibilities. It is a mandatory requirement that the RCWS has Independent Line of Sight (ILOS) of minimum +/- 5 degrees in both azimuth and elevation. DALO is also looking for a RCWS of a weight above deck of maximum 350 kilos, excluding weapons, add on armour and ammunition. The framework agreement will have an initial acquisition of 48 RCWS in standard configuration with a 12,7 mm HMG in single mount and a number of adaptor kits or similar as to adapt the RCWS to a single mount with either 40 mm AGL or 7,62 mm MG. After the initial acquisition it shall be possible for DALO to order RCWS' during the framework agreement. The agreement will also include a sustainment agreement, where the Supplier shall offer spare parts, technical support in connection with repairs, updates and modifications as well as education and training for the users. The framework agreement will have a duration of ten (10) years. Tenderers that are prequalified are made aware that this tender is conducted as a negotiated procedure, there will as a minimum be one Indicative Offer (INDO). DALO would like to stress that there will be a test of the offered RCWS in connection with the BAFO. Tenderers that are prequalified will obtain further information regarding the procedure, including the number of expected INDOs upon prequalification. Tenderers are made aware that the test in connection with the evaluation of the RCWS will happen in Denmark and that the test probably will be conducted in the first quarter of 2018.
If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial instituation has to be approved by DALO.
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.
Candidates are specifically made aware that it may be a condition precedent for signing the framework agreement that the tenderer has entered into an Industrial Cooperation Contract with the Danish Business Authority (Erhvervsstyrelsen). Candidates should also note that the Danish legislation on industrial cooperation was amended and that — as of 1 July 2014 — new rules on industrial cooperation have entered into force. Pursuant to the rules, industrial cooperation may be required, in so far as a concrete assessment shows that such cooperation is necessary in order to safeguard essential Danish security interests. Such an assessment is currently being made in relation to this contract. Prequalified tenderers will be informed of the outcome. The guidelines in connection with industrial cooperation are available at: https://danishbusinessauthority.dk/sites/default/files/guidelines-for-industrial-coperation-in-denmark.pdf
The framework agreement must be conducted in consideration of 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 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 DKK 100 000 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.
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 the 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.
Annual reports or excerpts hereof or other documentation stating the candidate's annual turnover for the last three (3) 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.
The candidate must have had an annual turnover of at least 400 million Danish Kroner in each of the last three (3) financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last three (3) financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate's annual turnover and the entity or entities' annual turnover in each of the last three (3) financial years available. Please note that a candidate may rely on the economic and financial standing 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.
A list of the most important similar deliveries (references), carried out within the past 10 (ten) 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 performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). 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 include 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 and value of the deliveries, the recipients of the deliveries (specific names and/or 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.

Eligibility requirements: Annual reports or excerpts hereof or other documentation stating the candidate's annual turnover for the last three (3) 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.
The candidate must have had an annual turnover of at least 400 million Danish Kroner in each of the last three (3) financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published. If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last three (3) financial years available. If the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate's annual turnover and the entity or entities' annual turnover in each of the last three (3) financial years available. Please note that a candidate may rely on the economic and financial standing 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.
A list of the most important similar deliveries (references), carried out within the past 10 (ten) 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 performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). 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 include 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 and value of the deliveries, the recipients of the deliveries (specific names and/or 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 applicant shall also provide documentation, pictures or similar that demonstrates that the candidate can deliver a RCWS in accordance with the description in section II.1.5 of this contract notice. 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 ten (10) years prior to the deadline for the request to participate. By similar deliveries DALO understands that the candidate has experience with delivery of a stabilized RCWS. The delivered stabilized RCWS may therefore pertain not only to vehicles, but also to platforms of other military materiel. DALO does thus not require that previous deliveries contain all the specific requirements mentioned in clause II.1.5 of this contract notice. The candidate must also demonstrate that they can deliver a RCWS in accordance with the description in sections II.1.5 of this contract notice. By this DALO understands that the applicant can deliver a RCWS with Independent Line of Sight (of minimum +/- 5 degrees in both azimuth and elevation) which can be mounted on a vehicle and that has a weight above deck of maximum 350 kilos, excluding weapons, ammunition and add on armour and that can operate with the following configurations; — a standard configuration that mounts a 12,7 mm HMG in single mount, — adaption of the standard configuration via an adaptor kit or similar to mount a 40 mm. AGL in single mount or a 7,62 mm MG in single mount, — a configuration where a 12,7 mm HMG is in a coaxial mount with a 40 mm AGL — a configuration where a 12,7 mm HMG is in a coaxial mount with a 7,62 mm mG.
A list of the most important similar deliveries (references), carried out within the past 10 (ten) 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 performed and completed at the time of the deadline for the request to participate which will be included in the assessment of the delivery (reference). 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 include 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 and value of the deliveries, the recipients of the deliveries (specific names and/or 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 applicant shall also provide documentation, pictures or similar that demonstrates that the candidate can deliver a RCWS in accordance with the description in section II.1.5 of this contract notice. 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 ten (10) years prior to the deadline for the request to participate. By similar deliveries DALO understands that the candidate has experience with delivery of a stabilized RCWS. The delivered stabilized RCWS may therefore pertain not only to vehicles, but also to platforms of other military materiel. DALO does thus not require that previous deliveries contain all the specific requirements mentioned in clause II.1.5 of this contract notice. The candidate must also demonstrate that they can deliver a RCWS in accordance with the description in sections II.1.5 of this contract notice. By this DALO understands that the applicant can deliver a RCWS with Independent Line of Sight (of minimum +/- 5 degrees in both azimuth and elevation) which can be mounted on a vehicle and that has a weight above deck of maximum 350 kilos, excluding weapons, ammunition and add on armour and that can operate with the following configurations; — a standard configuration that mounts a 12,7 mm HMG in single mount, — adaption of the standard configuration via an adaptor kit or similar to mount a 40 mm. AGL in single mount or a 7,62 mm MG in single mount, — a configuration where a 12,7 mm HMG is in a coaxial mount with a 40 mm AGL — a configuration where a 12,7 mm HMG is in a coaxial mount with a 7,62 mm mG.