Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2025-09-17
Buyer: Forsvarsministeriets Materiel- og Indkøbsstyrelse
Country: DK
Region: DK012
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35300000: Weapons, ammunition and associated parts | 35622500 | 35622700 | 35711000

Technical requirements: The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) has conducted a procurement procedure for the acquisition of a permanent Surface Based Air and Missile Defence (SBAMD) capability. Reference is made to the Prior Information Notice published on Tenders Electronic Daily (TED) on 29 May 2024 (publication no. 317139- 2024). The procedure has been carried out in parallel with a separate procurement process for an interim SBAMD solution, under which contracts have been signed with several suppliers. 
To safeguard Denmark’s essential security interests, the procedure has been conducted pursuant to Article 346(1)(b) of the Treaty on the Functioning of the European Union (TFEU) and is therefore not subject to the general EU public procurement rules. 
On 12 March 2025, DALO issued a Request for Proposal (RFP) to a broad group of potential suppliers. This group included commercial suppliers identified through the market analysis conducted in connection with the procurement for a permanent solution, as well as a number of potential government-to-government partners. During the process, DALO received a total of six proposals, all of which have been evaluated. A political-level decision on the procurement has been taken on the basis of the evaluation results. The decision has been made based on an overall assessment taking into account military, strategic and economic considerations. Based on the outcome, DALO intends to conclude contracts with four suppliers no later than beginning of December 2025: MBDA France SAS through Direction générale de l'Armement (DGA), Diehl Defence GmbH & Co. KG through European Sky Shield Initiative (ESSI), Kongsberg Defence & Aerospace AS and Eurosam GIE partly through Organisation for Joint Armament Cooperation (OCCAR). This ex ante notice concerns only the four abovementioned suppliers; however, DALO reserves the right to proceed with other suppliers at a later stage if deemed necessary.
DALO follows the procedure set out in Section 4 of the Danish Act on the Complaints Board for Public Procurement (Act No. 492 of 12 May 2010, as amended). The agreement will not be concluded before the expiry of 10 calendar days, calculated from the day after the date on which this notice is published, cf. Section 4(1)(2) of the said Act. Pursuant to Section 7(3) of the Act, a complaint alleging that the contracting authority has entered into an agreement in violation of the procurement rules without prior publication of a contract notice in the Official Journal of the European Union must, in cases where the contracting authority has followed the procedure in Section 4, be submitted to the Complaints Board for Public Procurement within 30 calendar days from the day after the date on which the contracting authority has published a contract award notice in the Official Journal of the European Union, provided that the notice includes the justification for the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. At the latest simultaneously with the submission of a complaint to the Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint has been submitted, and whether the complaint has been submitted within the 10-calendar-day period laid down in Section 4(1)(2) of the Act. In cases where the complaint is not submitted within that period, the complainant must also indicate whether a request for suspension of the procurement procedure is made, cf. Section 12(1) of the Act. The Complaints Board for Public Procurement’s guidance on submitting complaints is available on the Board’s website.
DALO intends to enter into an agreement with MBDA France SAS through Direction générale de l’armement (DGA) for the procurement of the VL MICA Surface Based Air and Missile Defence system.
DALO follows the procedure set out in Section 4 of the Danish Act on the Complaints Board for Public Procurement (Act No. 492 of 12 May 2010, as amended). The agreement will not be concluded before the expiry of 10 calendar days, calculated from the day after the date on which this notice is published, cf. Section 4(1)(2) of the said Act. Pursuant to Section 7(3) of the Act, a complaint alleging that the contract-ing authority has entered into an agreement in violation of the procurement rules without prior publi-cation of a contract notice in the Official Journal of the European Union must, in cases where the contracting authority has followed the procedure in Section 4, be submitted to the Complaints Board for Public Procurement within 30 calendar days from the day after the date on which the contracting authority has published a contract award notice in the Official Journal of the European Union, provided that the notice includes the justification for the contracting authority’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. At the latest simultaneously with the submission of a complaint to the Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint has been submitted, and whether the complaint has been submitted within the 10-calendar-day period laid down in Section 4(1)(2) of the Act. In cases where the complaint is not submitted within that period, the complainant must also indicate whether a request for suspension of the procurement procedure is made, cf. Section 12(1) of the Act. The Complaints Board for Public Procurement’s guidance on submitting complaints is available on the Board’s website.
DALO intends to enter into an agreement with Diehl Defence GmbH & Co. KG through European Sky Shield Initiative (ESSI) for the procurement of the IRIS-T SLM Surface Based Air and Missile Defence system.


Winner: MBDA France SAS through Direction générale de l'Armement (DGA)