Public procurement notice: Contract Award Notice
Published: 2020-03-11
Buyer: Danish Defence Acquisition and Logistics Organisation
Country: DK
Contract type: Supplies
Procedure: Competitive procedure with negotiation
CPV classification: 34000000 | 35000000: Security, fire-fighting, police and defence equipment
Award criteria: The most economic tender

Technical requirements: The contract concerns the acquisition of three (3) Air Start Units (ASU) which are required to support the Royal Danish Airforce (RDAF) aircrafts, in particular the EH101 (helicopter), in operation and during maintenance. The acquisition includes a user course and user manuals. The ASU shall also be able to be used to support future acquired aircrafts. Due to the operations of the RDAF, the ASU should be able to operate in different climatic conditions as well as environments containing snow, hail, rain and sand with no or minimal modification of the ASU. A standalone gas turbine driven ASU able to run on diesel fuel meeting requirements according to EN 590 (or equivalent) and military aviation jet-fuel (JP-8/NATO F-34) (or equivalent) is required.
The contract is not divided into lots on the grounds that a division of the contract would undermine the economies of scale obtainable by procuring one contract.
The use of the ESPD is a precondition for participation in the procurement procedure, cf. § 148 of the Public Procurement Act. DALO shall require that the tenderer applies the ESPD as preliminary evidence that the tenderer is not subject to the grounds of exclusion stipulated in §§ 135 and 136 of the said Act.
The tenderer must use the electronic version of the ESPD available at ETHICS’ web portal. The ESPD shall be fulfilled and submitted at ETHICS’ web portal in accordance with the instructions given by ETHICS.
Prior to decision on award of the contract, DALO shall require that the tenderer to whom DALO intends to award the contract presents documentation for the information stated in the ESPD, cf. §§ 151-155 of the said Act.
Regarding section IV.2.4): note, that the procurement documents is in English. However, it is permissible to submit applications for participation and offers in either Danish or English. Questions submitted during the tender procedure shall be written in English and DALO will answer these questions in English.
DALO shall exclude a tenderer from participation in the procurement procedure if the tenderer is subject to one of the compulsory grounds for exclusion in §§ 135 and 136 unless the tenderer has provided sufficient documentation that the tenderer is reliable in accordance to § 138 of the said Act. Please note that certain voluntary exclusion grounds in Directive 2014/24/EU on public procurement have been made compulsory in § 136 of the said Act.
If the same legal entity is a part of or in any other way participates in several offers, e.g. submits his own offer and at the same time participates in a consortium which also submits an offer, the tenderers shall ensure that the same legal entity’s participation does not provide for opportunity for mutual coordination of their offers. DALO reserves the right to request the tenderers to establish and reassure DALO that the same legal entity’s participation does not threaten the transparency and distort competition between the tenderers.
DALO reserves the right — but is not obliged — to use the remedies provided for in section 159(5) of the the Public Procurement Act, if applications or offers do not fulfil the formalities of the tender documents.
The Danish Defence Acquisition and Logistics Organisation (DALO) has decided to terminate the tender for the acquisition of 3 (three) Air Start Units and continue with a negotiated procedure.
DALO wishes to transfer the tender procedure to a tender procedure with negotiation and negotiate the received offers with the tenderers.
Pursuant to the Danish Consolidation Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, 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.
2) 30 calendar days starting the day after the contracting authority has notified 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 an account of the reasons for the decision.