Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2021-12-22
Buyer: Danish Defence Acquisition and Logistics Organization
Country: DK
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35710000: Command and control systems
Estimated value: 550000000 DKK

Technical requirements: The Danish Army has, over the last two decades acquired a number of systems, each supporting a part of the tactical training. However, it has not provided the possibility to “Train as you Fight” with respect to the cooperation between infantry and armored vehicles. The Army is currently using, and will continue to use the BT46 system for armored vehicles
The Danish Ministry of Defence, Acquisition and Logistics Organization  is entering into a Framework Agreement with SAAB Training Systems AB for an Instrumented Laser Duel Systems (I-LDS) that shall be  interoperable with the BT46 System.
The acquisition is based on a Framework Agreement with a duration of 15 years, with an option for further 5 years.
Acquisition of computers and radios incl. antennas in order to establish a Mobile Exercise Control (EXCON)
I-LDS hall provide the opportunity to register the behavior of each individual entity on the battlefield for the purpose of evaluation and feedback. It is also expected to be able to introduce effects from mines, improvised explosive devices, artillery, mortars, aircrafts, both rotary and fixed wing, and collect imagery from unmanned aerial vehicles and unmanned aerial systems.
The I-LDS shall be flexible and mobile in order to, if necessary change location both national and international.
This voluntary ex ante transparency notice is published, as DALO intends to award acquisition of  Integrated Laser Duel System (I-LDS) with  sub systems, accessories, sustainment, education and full support to SAAB AB, following the negotiated procedure without prior publication of a contract notice, cf. the defence and security procurement directive article 28, part 1, litra e.  DALO’s asseses that the agreement can be entered into in accordance with this article, as the conditions for the agreement being entered into due to technical reasons or reasons that concern the protection of exclusive rights are fulfilled, and the agreement can only be awarded to a specific contractor (SAAB).
DALO has a legacy of I-LDS (BT-46) systems with an objective and commercial need for future use. It represents a substantial economic value, and retraining associated with acquiring a new system without utilizing the legacy is considerable. Therefore, DALO needs a (further) development of the existing I-LDS in order to enable combined training, ensuring the educational principle of “train as you-fight”. Ensuring  training to be introduced, lives up to the Defence’s (and international) standards and demands, it is a requirement that the new I-LDS is interoperable with the  BT-46. Delivering I-LDS that is fully interoperable with the legacy, it requires access to proprietary information etc., including source codes to BT-46 developed and delivered by SAAB. DALO has been in dialog with the market in the effort to conduct a tender for the agreement, but on the this basis DALO assesses that it is not possible to create competition for the agreement as SAAB possesses the source codes, and has stated that it will not grant access to others. This also applies to other proprietary information for BT-46 necessary in order to create interoperability. SAAB has stated that they will not enter into a development cooperation with other vendors to design a unique Danish solution or otherwise assist in developing a solution  reducing the need for interoperability. DALO  assesses that this would not anyway be able to realize the Danish Defence’s demands for an I-LDS, just as there  are no alternative solutions in the market  which can fulfill the  Defence’s operative demands and at the same time utilize the legacy. Furthermore, at the time of acquiring the BT-46, DALO had no possibility to acquire the necessary rights to the system, as it is not a custom in this market to sell these rights.
The date given in section V.2.1) is the date of the decision to award the Framework Agreement directly, and not the date of entering into the Agreement. The Framework Agreement will not be entered into until the expiration of a period of 10 days from publication of this notice.
Regarding section II..1.7) and V.2.4): The estimated value of the framework agreement is 183 mio DKK and the maximum value of the framework agreement is 550 mio DKK. 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 available budget for the duration of the Framework Agreement.
The value stated in section II.1.7) og V.2.4)  does not constitute the exact value of the framework agreement nor a minimum committed purchase by DALO.
Pursuant to Section 7(2) of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), complaints must 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 Jour-nal 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.


Winner: SAAB Training Systems AB
Award value: 550000000