Public procurement notice: Contract Notice
Published: 2018-06-08
Buyer: Forsvarsministeriets Materiel- og Indkøbsstyrelse
Country: DK
Contract type: Services
Procedure: Negotiated procedure
CPV classification: 32412000 | 32415000 | 32418000 | 32420000 | 32421000
Estimated value:  DKK
Submission deadline: 2018-07-09
Award criteria: The most economic tender

Technical requirements: The duration of the framework agreement is 2 (two) years. Further, the framework agreement is subject to 2 (two) possible renewals of 1 (one) year. If both renewal options are exercised, the total scope of the agreement will be 4 (four) years. The estimated costs of DKK 20,000,000 corresponds to a duration of 4 (four) years.
The Danish Defence acquisition and logistics organization (DALO) is implementing a Battle management system (BMS) in the Army’s vehicles. The implementation includes fitting Army tactical communications network (ATCN) into a range of vehicles and other platforms operated by the Danish Army. This tender pertains to a consultancy framework agreement regarding engineering and technical support for implementing the ATCN in the form of gathering end-user experiences, evaluating methods of integration (including estimating the necessary cable work), coding and implementation of software, drawing cables, testing solution viability, and documenting the work performed in a format which can be used for both maintenance and training purposes.
DALO requires, under the framework agreement, 2 consultants to be available for the project 37 hours per week, for the entire duration of the Framework Agreement. DALO decides the amount of working hours in each week for both consultants. Candidates should note that services provided will be settled on the basis of time spent. The consultants are guaranteed payment for minimum 37 hours per week on average in a year, as specified in the framework agreement.
Candidates should note that the completion of the work described above requires the winning tenderer to enter into a three-party NDA (Non-Disclosure Agreement) between the winning tenderer, DALO, and Systematic. The three-party NDA is available via the permalink stated in section I.1) above.
Further, Candidates should note that for the purpose of delivering Services under this Agreement, the winning tenderer shall enter into a license agreement with Systematic A/S concerning the access and use of the software products ‘Sitaware Headquarters’, ‘Sitaware Edge’ ‘Sitaware Frontline’, and ‘Sitaware tactical communications’ as developed and owned by Systematic A/S. Candidates should further note that the project is currently ongoing within DALO, and consultants who have not previously been involved with the project are therefore expected to go through a transition period of maximum 3 months (i.e. maximum 63 working days) in order to attain the necessary background knowledge and project specific technical capacities. Candidates should note that consultants will not be remunerated in the transition period, and expenses regarding diets and transportation will not be reimbursed in the transition period. The framework agreement will contain an opt-out clause in case DALO after the transition period deems that the consultants are unable to work at the required standard while unsupervised.
The work performed by the consultants entails giving advice on the best possible integration of different existing products and software within the Danish Defence into the vehicles and platforms as well as strategic advisory services regarding the future development of products, software, and the integration solution itself. Since the consultants in this capacity will be trusted advisers to the Danish Defence with respect to the design of future procurements to the communication systems, vehicles etc., no consultant may be in a position throughout the duration of this framework agreement to recommend or include products or software packages in any recommendation, in which the consultant may have vested interests. Furthermore, DALO does not consider it feasible for DALO to identify situations in which DALO must seek advice from alternative sources in order to address a potential conflict of interest for the consultants. Therefore, in order to mitigate the risk of conflicts of interests between DALO and the winning tenderer, DALO has deemed it necessary to consider only candidates who have not delivered the products, which are currently subject to the integration work and advisory services. The Framework Agreement will equally contain regulation, which restricts the successful tenderer from being in a similar conflict of interest concerning future deliveries of products and software to be integrated in the vehicles and plat-forms. This limitation will be applicable throughout the duration of this framework agreement.
Candidates should note that they must hold or have submitted an application for a facility security clearance at the level of NATO – Restricted (or Danish level “til tjenestebrug”) or higher at the time of expiry of the deadline for pre-qualification application, cf. clause III.1.5) of this Contract Notice. In case a candidate has not obtained or applied for a personal level security within the time of expiry of the deadline for pre-qualification, the candidate is excluded from participation. In case a candidate has submitted an application before the time of expiry of the deadline for pre-qualification application, and it later turns out that the application is not approved, the candidate is excluded from participation. Also, key personnel must have obtained a personal level security clearance or have submitted an application for a personal level security clearance no later than the time of expiry of the dead-line for tender. In case key personnel have not obtained or applied for a personal level security within the time of expiry of the deadline for tender, it will result in a non-compliant offer, which must be rejected. In case an application is submitted before the time of expiry of the deadline for tender, and it later turns out that the application is not approved, it will result in a non-compliant offer, which must be rejected. Please also see clause VI.3) of this Contract Notice regarding personal level security clearances.
It should be noted that the Framework agreement contains a minimum requirement pertaining to Danish and English language competency of the consultants, cf. Appendix A.
The Framework Agreement is subject to 2 possible renewals, cf. clause II.2.3) of this Contract notice. If both renewal options are exercised, the total scope of the agreement will be 4 years.
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 1 supplier to represent the group.
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 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.
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.

Eligibility requirements: 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. Annual reports or excerpts hereof or other documentation stating the candidate‘s equity ratio (calculated by di-viding the candidate’s equity with the candidate’s total assets (equity/total assets x 100) at the end of the last 2 financial years, to the extent such information is available. The candidate must have had an annual turnover of at least 15 000 000 DKK in each of the last 2 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. The candidate must have had an equity ratio of at least 25 % for each of the last 2 financial years. The equi-ty ratio is calculated by dividing the candidate‘s equity with the candidate‘s total assets (equity/total assets x 100). If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants’ equities with the sum of all the participants’ total assets (sum of equity/sum of total assets x 100) in each of the last 2 financial years available. If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate’s and the entity or entities’ equity with the sum of the candidate’s and the entity or entities’ total assets (sum of equity/sum of total assets x 100) in each of the last 2 financial years available. 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 2 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 2 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), cf. section II.1.5) first paragraph, carried out within the past 5 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 con-sidered 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 services 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 of the deliveries are similar to the services, described in section II.1.5. The description should also include a description of the candidate’s participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the scope 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), and whether the delivery pertains to a military context. 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 5 years prior to the deadline for the request to participate. Candidates must hold or have submitted an application for a facility security clearance at the level of NATO – Restricted (or Danish level “Til Tjenestebrug”) or higher at the time of expiry of the deadline for pre-qualification application, cf. clause III.1.5) of this Contract Notice. Candidates must be certified according to the ISO standard 9001:2008 regarding quality management or equivalent.
A list of the most important similar deliveries (references), cf. section II.1.5) first paragraph, carried out within the past 5 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 con-sidered 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 services 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 of the deliveries are similar to the services, described in section II.1.5. The description should also include a description of the candidate’s participation/role in the performance of the deliveries. The description should also contain information on the date of the deliveries, the scope 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), and whether the delivery pertains to a military context. 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 5 years prior to the deadline for the request to participate. Candidates must hold or have submitted an application for a facility security clearance at the level of NATO – Restricted (or Danish level “Til Tjenestebrug”) or higher at the time of expiry of the deadline for pre-qualification application, cf. clause III.1.5) of this Contract Notice. Candidates must be certified according to the ISO standard 9001:2008 regarding quality management or equivalent.