Public procurement notice: Contract Notice
Published: 2021-06-04
Buyer: Danish Defence Aquisition and Logistics Organisation
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35322400 | 35330000: Ammunition
Estimated value:  DKK
Submission deadline: 2021-07-01
Award criteria: Lowest price

Technical requirements: The Danish Defence Acquisition and Logistics Organisation (DALO) is putting the acquisition of Decoy Cartridges (DC), specifically 130MM Naval Countermeasure Rounds, up for tender.
DALO assesses 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. In order 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 at sea.
Reference is made to the procurement documents regarding payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments. At present, this is the 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 one supplier to represent the group.
The framework agreement must be conducted in consideration of corporate social responsibility and it contains a labour clause. Please see Appendix B – Labour Clause and CSR for further information.
When submitting the offer (but not the request for participation/pre-qualification), the tenderer must submit a declaration stating that the tenderer (1) is not subject to any of the reasons for exclusion stated in art. 39(1) of the Defence and Security Directive (2009/81/EC) and (2) 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 procurement documents, and the tenderer is encouraged – but not obliged - to use it. If the tenderer is composed of a group of entities (e.g. a consortium), including temporary joint ventures, a declaration must be submitted for each participating entity.
Be advised that DALO shall exclude a tenderer which has unpaid overdue debt of DKK 100 000 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, unless the tenderer has provided collateral for the overdue debt, will provide collateral for the overdue debt or has entered into an installment agreement, which has not been breached at the time of submitting the offer. Exclusion is pursuant to the reasons for exclusion in the Defence and Security Directive, art. 39(2), paras f and g.
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 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.
A list of the most important similar deliveries (references), cf. section II.1.5) carried out within the past 3 (three) 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 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 supplies 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 supplies, 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 size 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).
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.

Eligibility requirements: A list of the most important similar deliveries (references), cf. section II.1.5) carried out within the past 3 (three) years prior to the deadline for the request to participate. Similar deliveries means deliveries of Decoy Cartridges for military purposes. Only the deliveries (references) performed at the time of the deadline for the request to participate will be considered when assessing 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 supplies 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 supplies, 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 size 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). 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 (five) previous deliveries, whether the candidate is one entity, composed of a group of entities (e.g. a consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the list contains more than 5 (five) references, DALO will only consider the first 5 (five) 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.