Public procurement notice: Contract Notice
Published: 2018-01-18
Buyer: Danish Defence Acquisition and Logistics Organization
Country: DK
Contract type: Services
Procedure: Negotiated procedure
CPV classification: 32412000 | 32415000 | 32418000 | 32420000 | 32421000
Estimated value:  DKK
Submission deadline: 2018-02-16
Award criteria: The most economic tender

Technical requirements: DALO expects 2 consultants to be available for the project 37 hours per week for the entire duration of the contract.
Candidates should note that in accordance with Clause 5.2, services provided will be settled on the basis of time spent.
Consultants should expect to work both in DALO‘s premises in Ballerup and at their own home office, but project-related travel activity to other DALO locations in Denmark should be expected approximately 6 days per month. Working from home office necessitates a secured locker in which DALO computer can be stored when not in use. The locker shall be approved by DALO security officer.
The Danish Defence Acquisition and Logistics Organization (DALO) is implementing the Army Tactical Communication Network (ATCN) into a range of vehicles and platforms operated by the Danish Army. This tender pertains to a 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.
Candidates should note that the completion of the work described above requires the successful tender to enter into a cooperation agreement with Systematic regarding the integration of Systematic software into the new ACTN solution. This cooperation agreement will be supplemented by a three-party NDA between the winning tenderer, DALO, and Systematic. Candidates should note that it will be a contractual requirement that the winning tenderer must offer an on-demand guarantee of DKK 1 million to Systematic for the coverage of potential payment of liquidated damages in case of breach of the secrecy obligations.
The guarantee will be returned to the tenderer after completion of the work involving Systematic’s Sitaware software packages under the agreement. Please see Section IV.1.2) of this Contract Notice for further information.
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 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 during the transition period. The framework agreement will contain an opt-out clause in case of DALO after a transition period of three months 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 into the vehicles and platforms. This limitation will be applicable throughout the duration of this framework agreement.
Candidates should note that they must hold 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 prequalification application, cf. clause III.1.5) of this Contract Notice. Also, key personnel must have obtained a personal level security clearance no later than the time of expiry of the deadline for tender. 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 language competency of the consultants, cf. Appendix A.
The framework agreement is subject to 1 possible renewal, cf. clause II.2.3) of this Contract Notice. If the renewal option is exercised, the total scope of the agreement will be 3 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.

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 dividing 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 DKK 15 000 000 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 percent for each the last 2 financial years. The equity 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 (five) 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 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 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 1 entity, or, 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 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 prequalification 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 (five) 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 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 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 1 entity, or, 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 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 prequalification 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.