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Denmark-Kastrup: Flight control software package
Contract notice – utilities
Section I: Contracting entity
Section II: Object
Remote Tower and Approach Systems
The Air Navigation Service Provider in Denmark, Naviair, wants to procure and put into operation remote tower and approach systems for initially Billund airport (EKBI) with options to enlarge the systems for more airports.
The Air Navigation Service Provider in Denmark, Naviair, wants to procure and put into operation remote tower and approach systems for initially Billund airport (EKBI) to be established in existing building facilities at Billund Airport (Airside).
Naviair is entitled to limit the number of Candidates who are pre-qualified. Naviair will select a maximum of 4 Candidates who are deemed to provide the best basis for competition. The selection of Candidates will be based on an evaluation of the documentation submitted in accordance with section III.1.2 — III.1.3 (the Candidates having the most robust economy and also the majority and most relevant references in relation to remote tower and approach systems (in operation or in final operational trials) is preferred).
The Candidates may where necessary rely on the capacity of other entities in relation to the fulfilment of requirements relating to the economic and financial capacity, or to its technical and professional abilities. Where a Candidate wants to rely on the capacities of other entities, it shall prove to the Contracting Authority (Naviair) that it will have at its disposal the capacities necessary.
As options the procured remote tower and approach system(s) should:
1) Be easily scalable with the addition of more airports to the system(s) in the renovated building and
2) Include the potential procurement of an additional system – or an enlargement of the first system(s) – capable of supporting up to 10 airports and to be installed in another building - yet to be defined - at Billund Airport.
Applications for pre-qualification must be submitted through the tender management system mentioned in section I.
Because parts of the tender material contains sensitive information not all documents are available in the pre-qualification phase.
Section III: Legal, economic, financial and technical information
All Candidates will be required to provide the following information/documentation when applying for pre-qualification:
1) Company name;
2) Information on the corporate form;
3) Year founded and length of experience with remote tower and approach systems;
4) A statement (ESPD) which shows that the Candidate is not subject to any of the exclusion grounds listed in articles 57(1) and 57 (2) in directive 2014/24/EU.
In the ESPD the candidate must deliver information on the specific yearly turnover in the business area covered by the contract for the recent 3 financial years.
The Candidate must deliver information on the following financial ratios for the recent 3 financial years:
— profit margin/ratio,
— Return of Investment (ROI),
— solvency ratio,
— liquidity ratio,
— Return on Equity (ROE).
In case the information concerning turnover or financial ratios are not available for the entire period required, the candidate must state in the ESPD the date on which the candidate was set up or started trading.
A Candidate it automatically excluded from the prequalification phase if the company has a negative equity within the recent financial year.
The Candidate must deliver information of the principal similar deliveries as covered by this tender for the recent 3 years (specified by contract amount, remote towers system concept, recipients and period of delivery).
The Candidate must deliver information of the technical facilities and measures for ensuring quality and its study and research facilities.
The Candidate must deliver information on the educational and professional qualifications held by the candidate, and its managerial staff.
The Candidate must deliver information on whether he is able to provide the required certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of products clearly identified by references to the technical specifications or standards, which are set out in the procurement documents.
The Candidate must deliver information of support services.
A Candidate is automatically excluded if:
1) He fails to demonstrate expertise in Remote Tower technology and ANSP operational technological issues, as demonstrated by, for example:
(i) references to experienced employees considered experts in air traffic control technology.
(ii) references to experienced employees considered experts in ANSP operational technological issues.
(iii) references to works on white papers, technology papers, recognized standards, etc., done by the candidate or current or former candidate employees.
2) He fails to provide evidence for organized company structure and systematic work processes, as demonstrated by, for example:
(i) certification by recognized standards such as ISO 27001;
(ii) EUROCAE standards such as ED-109, ED-153 and ED-240A;
(iii) ample justification for non-adherence to accepted standard and practices;
(iv) Safety Assessment Methodology (SAM) of Eurocontrol.
3) Young and startup companies (younger than 3 years old) are excluded unless a very good case is made for the trustworthiness of the company (e.g. in terms of ANSP technology experience, new company identity from older experienced companies, etc.).
4) He fails to demonstrate that he has delivered remote towers and approach systems (in operation or in final operational trial) within the past 3 years.
5) He fails to be able to provide day time technical support (Monday-Friday 8:30-15:30 CET).
In the event that the candidate intends to fulfil its contractual undertakings by referring to another entity's (a different legal entity) economic/financial ability and/or technical capacity and resources, the Candidate’s application shall include the information and means of proof required under section III.1.1, III.1.2 and III.1.3 with regard to the other entity.
Where a Candidate wants to rely on the capacities of other entities, it shall also prove to the Contracting Authority (Naviair) that it will have at its disposal the capacities necessary.
The Candidate (or the entity whose capacities the Candidate relies on) is automatically excluded from the pre-qualification phase if the Candidate (or the entity) is subject to any of the exclusion grounds listed in articles 57(1) and 57 (2) in directive 2014/24/EU.
On demand guarantees (for prepayments) will be a requirement in the contract.
In the event that the Candidate intends to form or participate in a consortium to fulfil the contractual undertakings, the Candidate’s application shall include the information and means of proof required under section:
A. Personal situation;
B. Economic and financial ability and C. Technical capacity with respect to all participants of the consortium. If the contract is awarded to a consortium, the participants shall assume joint and several liability and appoint a common agent who represents and acts on behalf of the participating parties.
Section IV: Procedure
Section VI: Complementary information
As a consequence of Danish Act No 593 of 2.6.2016 on the enforcement of procurement rules, etc. there are following deadlines for lodging appeals in Denmark:
Complaints about not being pre-qualified shall be submitted to “Klagenævnet for Udbud” (Board of Appeal) within 20 calendar days from the day following the day on which the contracting entity has sent a notification with an explanation of the decision to interested applicants who have been pre-qualified. In other situations, the complaint against the tender or the decision must be submitted to “Klagenævnet for Udbud” before:
1) 45 days after the contracting entity has published a notice in the Official Journal stating that the contracting entity has entered into a contract. The period is calculated from the day following the day on which notice has been published;
2) 30 calendar days from the day following the day on which the contracting entity informed the tenderers that a contract based on a framework contract with reopening of competition or a dynamic purchasing system has been signed, if notification is given a brief explanation of the relevant reasons for the decision;
3) 6 months after the entity has signed a framework agreement — calculated from the day after the day on which the contracting entity informed the tenderers and candidates, cf. § 2 (2);
4) 20 calendar days from the day following the day on which the contracting entity has announced the decision according to the Danish law of procurement (No. 1564 of 15.12.2015) § 185 (2) second sentence.
At the latest at the same time as an appeal is sent to “Klagenævnet for Udbud”, the appellant shall in writing inform the contracting entity that the complaint will be sent to “Klagenævnet for Udbud”, and whether the complaint is filed during the standstill period referred to in § 3. If the appeal has not been lodged in the stand-still period, the appellant must also state whether it is requested that the appeal is granted delaying effect pursuant to § 12 (1).