Public procurement notice: Contract Award Notice
Published: 2019-11-26
Buyer: Danish Defence Acquisition and Logistics Organizations
Country: DK
Contract type: Works
Procedure: Negotiated procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35322400 | 35330000: Ammunition

Technical requirements: The Danish Defence Acquisition and Logistics Organization (DALO) is putting the acquisition of Decoy Cartridges (DC), specifically 130 mm naval countermeasure rounds up for tender.
DALO assess that the use of soft kill in combination with hard kill will have a significantly positive impact for the probability of self protection against hostile attacks.
The purpose of acquiring DC’s is to be able to create a ‘false’ radar signature (Radar Cross Section (RCS)) sending the radio signature away from DALO’s ship. In order to induce the missile threat to attack the ‘false’ signature it is required that the ‘false’ signature is larger than the signature released from DALO’s own ships signature. To make a larger signature than DALO’s ship, it may be necessary to use more than one DC.
The Royal Danish Navy vessels are currently using the C-Guard system produced and delivered by TERMA A/S with launcher type MK 137 (NSN 1055226149753) to launch the Decoy Cartridge.
Loading of launchers will possibly be done prior to going to sea and loading/reloading may occur when vessels are operating out at sea.
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC, article 26. The candidates who will be invited to submit tenders will receive further practical information regarding the negotiated procedure in the instructions to tenderers.
Tenderers are expressly made aware that DALO reserves the right to regard the INDO as a best and final offer (BAFO) and to close the tender procedure and award the contract on the basis of the submitted INDO, i.e. without conducting any negotiations.
Please note, that each candidate can only submit one request for participation. If the same legal entity is a part of or in any other way participates in several applications, e.g. submits his own application and at the same time participates in a consortium which also applies, the candidates shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their applications and offers. DALO reserves the right to request the candidates to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
Candidates are asked to submit their request to participate via ETHICS. The permalink is stated in Section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a pre-qualification questionnaire which candidates are strongly encouraged to use when submitting their applications. The questionnaire contains questions, forms and templates for providing information, etc. in accordance with the requirements in this contract notice. However, it is emphasized that it is the sole responsibility of the candidate that the information provided fulfils the requirements.
According to the EU defence directive, a candidate may rely on the economic and financial standing and/or technical and/or professional capacity of other entities, regardless of the legal nature of the links with the entities. If a candidate wants to rely on other entities and wishes that the capacity of other entities is taken into account when DALO assesses the suitability of the candidate, the candidate must prove that the other entities will and shall put the relevant resources at the disposal of the candidate. A template for a declaration from the supporting entity to this effect is included in the pre-qualification questionnaire referred to above.
Pursuant to the Danish Consolidation Act No 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision.
Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement 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 Journal of the European Union. The time-limit is calculated from the day after the publication date;