Supplies - 399307-2017

This notice has been cancelled by: 499114-2017
10/10/2017    S194    - - Supplies - Contract notice - Negotiated procedure 

Denmark-Copenhagen: Sonars

2017/S 194-399307

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Danish Defence Acquisition and Logistics Organization (DALO)
c/o Kammeradvokaten, Vester Farimagsgade 23
For the attention of: KAPS — Line Westh
1606 Copenhagen V
Denmark
Telephone: +45 30185185
E-mail: liwe@kammeradvokaten.dk

Internet address(es):

General address of the contracting authority/entity: http://www.fmi.dk/Pages/forside.aspx

Electronic access to information: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=193986&B=KA

Electronic submission of tenders and requests to participate: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=193986&B=KA

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities/entities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Acquisition of a new Side Scan Sonar system to the Royal Danish Navy MCM.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase

NUTS code DK

II.1.3)Information on framework agreement
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s):
The Royal Danish Navy wants to acquire a replacement for its current Side Scan Sonar (SSS) system, which is the primary sensor for the Danish mine hunting division. In Denmark a towed SSS is used to detect and classify mines and other objects on the seabed.
The SSS is towed through the water by an unmanned surface vessel of the RDN MSF class. The MSF and towed body is remotely controlled from a mother platform that can be either a vessel of the type MSD (-HOLM class) or from a dedicated MCM Command and Control (C2) container placed on a ship of opportunity. Live / real time SSS data is transmitted to the mother platform, where the data is monitored and evaluated by a detector and a classifier. Mine Like Contacts(MILCOS) are selected and later identified by an ROV or by a clearance diving team.
DALO expects that the replacement SSS system shall be integrated into the RDN MCM concept, hence be able to be operated from the MSF Class unmanned surface vessel. Furthermore, DALO expects the SSS system to be able to operate from 10 m water depth to minimum 70 m water depth, and preferably up to 140 m water depth. The SSS system is expected to be based on SAS sonar technology or SSS with comparable resolution, e.g. a resolution of 10 cm out to minimum 100 m range, and preferably up to 150 m range.
Finally the SSS system is expected to be able to interface to current MCM Command and Control (C2) system.
The contract is expected to include the following deliveries:
— 4 Complete SSS systems including the following:
— Side Scan Sonar.
— Actively controlled Towed body.
— Handling system incl. Winch system and Towcable.
— Topside Equipment. Power supplies, Processors etc.
— Software for Control, Processing, Detector, Classifier etc.
— Radio link system for remote control of the SSS system and SSS data transfer.
— Onshore Test and Maintenance system.
— Spare Towed body complete with SSS.
— Spare Towcable.
— Installation and integration of the SSS system.
— Support and sustainment of the SSS system.
— Other services including project management, test, education/training and documentation.
The SSS system, including installation and integrations, initial spare parts packages, onshore Test and Maintenance system, documentation and initial training, will be procured on the basis of an Acquisition Contract. In addition, DALO wishes to enter into a Sustainment Contract allowing for the subsequent procurement of additional spare parts, sustainment services, including maintenance services and support in a period of up to 17 years, cf. section II.2.2 and II.2.3 below. The 2 contracts should be seen as a whole and will both be awarded to the successful tenderer.
Please note that the duration of the contract stated in section II.3) (120 months) is estimated on the assumption that the Acquisition Contract will be effective for three (3) years, after which the Sustainment Contract will commence for a period of seven (7) years initially. However the assumption of the duration of the Acquisition Contract is expected to be subject to negotiations during the tender procedure.
II.1.6)Common procurement vocabulary (CPV)

38113000, 35512400, 35513100

II.1.7)Information about subcontracting
II.1.8)Lots
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
See section II.1.5.
Estimated value excluding VAT:
Range: between 100 000 000 and 200 000 000 DKK
II.2.2)Information about options
Options: yes
Description of these options: Delivery of 2 spare Towed bodies complete with SSS and 2 spare Towcables during the term of the Acquisition Contract as well as the delivery of 2 spare Towed bodies complete with SSS and 2 spare Towcables during the term of the Sustainment Contract.
The duration of the Sustainment Contract may be extended with up to 5 years 2 times (i.e. to a maximum of 17 years in total), cf. II.2.3) below.
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 60 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 120 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
If prepayments are made, an on-demand guarantee from a recognized financial institution must be presented. The financial institution has to be approved by DALO.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Reference is made to the tender documents with regard to the payment terms. Invoicing must be done in accordance with the applicable Danish legislation on public payments. At present, this is Danish consolidation act. No 798 of June 2007 which requires invoicing to be done electronically. Exact terms will be stated in the contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
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.
III.1.4)Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:

Candidates are specifically made aware that it may be a condition precedent for signing the contract that the tenderer has entered into an Industrial Cooperation Contract with the Danish Business Authority (Erhvervsstyrelsen). Candidates should also note that the Danish legislation on industrial cooperation has been amended and that — as of 1.7.2014 — new rules on industrial cooperation have entered into force. Pursuant to the new rules, industrial cooperation may be required, in so far as a concrete assessment shows that such cooperation is necessary in order to safe-guard essential Danish security interests. Such an assessment is currently being made in relation to this contract. Prequalified tenderers will be informed of the outcome. The new rules are available at: http://danishbusinessauthority.dk/file/490061/guidelines-for-industrial-coperation-in-denmark.pdf

The performance of the contract must be conducted in careful consideration of social responsibility, as stated in the conventions that underpin the principles of the UN Global Compact, and as articulated in the OECD Guidelines for Multinational companies. In accordance to ILO Convention 94 on labor clauses in public contracts and circular no. 9471 of 30.6.2014 the contract agreement contains a labour clause.
III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: When submitting the offers (but not the request for participation), the tenderers must submit a solemn declaration stating 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 tender documents, and the tenderer is encouraged — but not obliged — to use it.
Be advised, that DALO shall exclude a tenderer which has unpaid overdue debt of 100 000 DKK 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.
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 the 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.
III.2.2)Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met: The 3 latest annual reports or a declaration stating the annual turnover for the last 3 financial years available, in so far as information on such turnovers is available.
The 3 latest annual reports or a declaration stating the candidate‘s solvency ratio (calculated by dividing the candidate's equity with the candidate’s total assets (equity/total assets x 100) at the end of the preceding 3 financial years, in so far as such information is available.
Minimum level(s) of standards possibly required: The candidate must have had an annual turnover of at least 75 000 000 DKK in each of the last 3 financial years. If the turnover is not stated in said currency, DALO will calculate the turnover based on the official exchange rate on the date this notice was published.
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the annual turnover is calculated as the sum of all the participants annual turnover in each of the last 3 financial years available. If the candidate relies on the economic and financial standing of an entity or entities, the annual turnover will be calculated as the sum of the candidate's annual turnover and the entity or entities' annual turnover in each of the last 3 financial years available.
The candidate must have had an equity ratio of at least 5 percent for each the last 3 financial years. The equity ratio is calculated by dividing the candidate‘s equity with the candidate’s total assets (equity/total assets x 100).
If the candidate is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity ratio is calculated by dividing the sum of all the participants' equities with the sum of all the participants' total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
If the candidate relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the candidate's and the entity or entities' equity with the sum of the candidate's and the entity or entities' total assets (sum of equity/sum of total assets x 100) in each of the last 3 financial years available.
Please note that a candidate may rely on the economic and financial standing 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.
III.2.3)Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Information and formalities necessary for evaluating if the requirements are met:
A list of the most important similar deliveries (references), cf. section II.1.5), carried out within the past 5 (five) 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 if the minimum requirement for suitability stated below is fulfilled / 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 the following:
— Information regarding the type, range and resolution of the Side Scan Sonar in question.
— Information on, whether the purpose of the delivery has been Military MCM.
— Information regarding whether the SSS system has been remote operated.
— A clear indication of which specific parts the deliveries are similar to the supplies, described in section II.1.5).
— A description of the candidates participation/role in the performance of the deliveries.
— Information on the date of the deliveries. 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.
— Information on 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).
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.
The list submitted must not exceed 5 deliveries (references), whether the candidate is one entity, composed of a group of entities (e.g. consortium), including temporary joint ventures, or relies on the technical and professional capacity of other entities. If the candidate submits more than 5 deliveries (references) DALO will only take the first 5 deliveries (references) into consideration.
Minimum level(s) of standards possibly required
The candidate must demonstrate experience with one or more deliveries of Towed Side Scan Sonar Systems with a minimum resolution of 10 cm (along track) out to minimum 100 m range, within the past 5 years prior to the deadline for the request to participate.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged minimum number 3 and maximum number 4
Objective criteria for choosing the limited number of candidates: The limitation of candidates will be based on an evaluation of which candidates have documented the most relevant previous deliveries in comparison to the contract/purchases described in section II.1.5) above, in terms of the nature and quantity of the previous deliveries. The evaluation will be based on the list of references submitted by the candidates according to section III.2.3). Please note that any ambiguities and/or incomprehensibilities in the information submitted may be regarded negatively in the evaluation when selecting the limited numbers of candidates.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated no
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
7514162
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2017/S 020-034264 of 28.1.2017

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
17.11.2017 - 13:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
English.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information:
This tender is conducted according to the negotiated procedure, cf. directive 2009/81/EC of the European Parliament and of the Council, 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.
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.
DALO reserves the right — but is not obliged — to use remedies equal to the remedies provided for in Section 159(5) of the Danish Act No 1564 of 15.12.2015 on tender procedures if applications or tenders do not fulfil the formalities of the tender documents.
Candidates are asked to submit their request to participate electronically via Kammeradvokaten's tendering system. The permalink is stated in section I.1). The request to participate cannot be submitted by e-mail.
DALO have prepared a prequalification 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.
The questionnaire is available via Kammeradvokaten's tendering system. The permalink is stated in section I.1).
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 prequalification questionnaire referred to above.
When submitting the offers (but not the application for prequalification), the tenderers must submit a solemn declaration stating to which degree the tenderer has fulfilled its obligations relating to the payment of direct and indirect taxes and social security contributions in the country in which the candidate is established and in Denmark. A template for the declaration will be provided with the tender documents.
Information about security clearance:
DALO demands that any person taking part in the performance of the contract must possess the appropriate personnel security clearance at the level required by DALO. The security clearance must be maintained throughout the term of the contract.
Testing:
The prequalified candidates (the tenderers) will be required to perform a demonstration of central parts of the offered SSS system as a part of the evaluation of the submitted INDO1's. The exact test period and content of the test will be described in the tender material that will be available for the prequalified candidates.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Klagenævnet for udbud (The Complaints Board for Public Procurement)
Nævnenes Hus
8800 Viborg
Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Pursuant to Section 3 of 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, provided that the notification includes a short account of the relevant reasons for the decision.
Other complaints must 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 (with effect from the day following the publication date).
2) 30 calendar days starting the day after the contracting authority has informed 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 a short account of the relevant reasons for the decision.
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision.

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Danish act on Public Procurement (act No 1564 of 15.12.2015 — available at www.retsinformation.dk).

The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.
The e-mail of The Complaints Board for Public Procurement is stated in section VI.4.1.
The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in section VI.4.1.
VI.4.3)Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
Telephone: +45 41715000
Internet address: http://www.kfst.dk

VI.5)Date of dispatch of this notice:
6.10.2017