Supplies - 88832-2016

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16/03/2016    S53

Denmark-Ballerup: Mortars

2016/S 053-088832

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Official name: Forsvarsministeriets Materiel- og Indkøbsstyrelse
Postal address: Lautrupbjerg 1
Town: Ballerup
Postal code: 2750
Country: Denmark
For the attention of: Nikolaj Plovgaard
E-mail: fmt-ja26@mil.dk
Telephone: +45 72571130

Internet address(es):

Electronic access to information: http://permalink.mercell.com/57313626.aspx

Electronic submission of tenders and requests to participate: http://permalink.mercell.com/57313626.aspx

Further information can be obtained from:
Official name: Mercell Danmark A/S
Postal address: Østre Stationsvej 33, Vestfløjen
Town: Odense C
Postal code: 5000
Country: Denmark
E-mail: support.dk@mercell.com
Internet address: http://permalink.mercell.com/57313626.aspx

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
Official name: Mercell Danmark A/S
Postal address: Østre Stationsvej 33, Vestfløjen
Town: Odense C
Postal code: 5000
Country: Denmark
E-mail: support.dk@mercell.com
Internet address: http://permalink.mercell.com/57313626.aspx

Tenders or requests to participate must be sent to:
Official name: Mercell Danmark A/S
Postal address: Østre Stationsvej 33, Vestfløjen
Town: Odense C
Postal code: 5000
Country: Denmark
E-mail: support.dk@mercell.com
Internet address: http://permalink.mercell.com/57313626.aspx

I.2)Type of the contracting authority
Regional or local authority
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:
120mm Mortar Systems.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase

NUTS code DK0 DANMARK

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):
This tender concerns the acquisition of 15 autonomous floor mounted Heavy Mortar Systems (120mm Mortar Systems). The acquisition also includes a fire control system, ammunition racks and the necessary technical support to integrate the weapon system on the platform (Piranha 5 from MOWAG). The integration of the Mortar System (and the ammunition racks) is handled by MOWAG, and MOWAG has the overall responsibility for the integration, but the provider of the Mortar System must participate in the integration on the platform in cooperation with MOWAG and relevant parts of the Danish Defence.
Besides the planned acquisition of 15 Mortar Systems the Acquitsion Contract have an option for DALO to acquire up to additionel 6 Mortar Systems. DALO is not obliged to make use of the option as well as DALO is not obliged to acquire all of the Mortar Systems included in the option. The exact mechanism for DALO use of the options will be described in the Acquisition Contract.
As described the Mortar Systems is to be mounted and integrated on/in the Danish Defence new armoured personnel carrier (Piranha 5) (the mortar variant). The weapon system must be physically dimensioned to fit within the body/hull of the platform, as well as it must leave sufficient and proper room for the crew (95 percentile soldier in accordance with MIL-STD-1472 G or equivalent). The exact dimensions will be described in the Acquisition Contract.
DALO value the safety of the crew, which means that features that enhance work safety and reduce the wear and tear on the crew will be given special attention. Furthermore attention will be given to solutions that enhance the crew's survivability on the battlefield, i.e. protective measures, reduced exposure to the battlefield elements, storage of ammunition that prevent excessive or sympathetic reaction to blast or direct attacks and so forth. The exact requirements will be described in the Acquisition Contract.
The Mortar Systems must be capable of operating in a wide range of climatic environments. The Mortar Systems must be capable of operation on a fragmented battlefield as well in a conventional war scenario. This means that the Mortar Systems must be capable of operation autonomously as a single platform in a decentralized manner, or in pairs or groups in a centralized manner.
The Mortar System and the affiliated fire control system must be able to be an integrated part of the Danish Army command, control and battle management system and its fire coordination module — including the physical extremities as radios, command screens etc. Furthermore the Mortar System must be able to fire the legacy M/50 High Explosive mortar bomb in stock. The exact requirements will be described in the Acquisition Contract.
The Mortar System must have a firing range of minimum 7 kilometres with conventional and un-assisted High Explosive (HE) ammunition. Furthermore the Mortar System must be capable of firing 360°.
The Mortar Systems shall as a minimum be factory acceptance tested prior to delivery and site acceptance tested after delivery and the integration into the platform. The exact requirements for testing and acceptance test procedures will be described in detail in the Acquisition Contract.
In addition to the delivery of the Mortars Systems, the Acquistion Contract includes among other delivery of an initial stock of spare parts of each Mortar Systems.
It is of paramount importance that DALO will be able to purchase relevant spare parts to the Mortar Systems as well as having the possibility to receive technical advice and repair assistance in case a technical problem cannot be solved by DALO. Therefore DALO will in connection with the Acquisition Contract enter into a Sustainment Agreement (duration of 30 years) in order to ensure sustained operation of the Mortar Systems. The Sustainment Contract encompasses core service and non-core services as well as the possibility for DALO to purchase supplies (spare parts, special tools etc.) for a duration of the Sustainment Contract. Core services shall be provided automatically as long as the contract is in force, while non-core services and supplies will be contracted by DALO on a case by case basis.
The supplier is obligated to maintain a service organisation capable of providing support to the Mortar Systems when operating in international operations. The exact terms of this obligation is described in detail in the Contracts.

The purchaser is using Mercell Sourcing Services for this tender. To notify your interest and get access to any documents, you must copy and paste the link below into the address-part on your browser. http://permalink.mercell.com/57313626.aspx

II.1.6)Common procurement vocabulary (CPV)

35322400 Mortars, 35310000 Miscellaneous weapons, 35343000 Parts of mortars, 35420000 Parts of military vehicles, 35700000 Military electronic systems, 50100000 Repair, maintenance and associated services of vehicles and related equipment, 50660000 Repair and maintenance services of military electronic systems, 51550000 Installation services of weapon systems, 71243000 Draft plans (systems and integration), 72231000 Development of software for military applications

II.1.7)Information about subcontracting
The tenderer has to indicate in the tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed
II.1.8)Lots
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:
15 Mortar Systems (including spare parts) and a Sustainment Agreement regarding relevant spare parts and technical advice and repair assistance to the Mortar Systems. In addition also an option for 6 Mortar Systems (including spare parts), cf. II2.2).
II.2.2)Information about options
Options: yes
Description of these options: DALO can acquire up to 6 additional Mortar Systems (including spare parts). DALO is not obliged to make use of the option as well as DALO is not obliged to acquire all of the Mortar Systems included in the option.
Provisional timetable for recourse to these options:
in months: 120 (from the award of the contract)
II.2.3)Information about renewals
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
F 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 at any time applicable Danish legislation on public payments. At present this is the Danish consolidation act. no. 798 of June 2007 which demands that invoicing must be done electronically. Exact terms will be stated in the both the Acquisition Contract and the Sustainment Contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
No special legal form is required. If the order 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:
Tenderers are specifically made aware that it is a condition precedent for signing the contract that the tenderer has entered into an Industrial Cooperation Contract (ICC) with a value of 100 % with the Danish Business Authority (Erhvervsstyrelsen). The guidelines for industrial co-operation can be obtained from the Danish Buisness Authority at: http//Danishbusinessauthority.dk/industrial-co-operation The specific industrial co-operation requirements for this procurement are set out in the tender material, which will be submitted following prequalification.
III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation
III.2.2)Economic and financial ability
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:
The tenderer must forward a list of the most important similar deliveries carried out over the past 5 years. The list should preferably include: — A description of each delivery, including when it was carried out — The size and value of the deliveries — On/in which platform the system was integrated in — The recipients of each delivery (specific names/countries are preferred, but need not necessarily be included; if no — country specific information is included the candidate is asked to provide as much generic information as possible about the delivery) (reference is made to section VI.3 with regard to the candidate's possibility of relying on the capacity of other entities.
Minimum level(s) of standards possibly required
The candidates must demonstrate experience with at least one similar delivery within the past five years. Similar deliveries meaning deliveries of heavy mortar systems build in/on a platform (armoured vehicle).
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

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 5
Objective criteria for choosing the limited number of candidates: The selection of the candidates that will be invited to submit tenders will be based on; the amount involved, the frequency and the relevance and nature of the candidates' previous similar deliveries. Please note that any ambiguities and/or incomprehensibilities in the information submitted under section III.2.3) may be regarded negatively in the evaluation when selection the limited numbers of candidates. DALO reserves the right to reject an application for pre-qualification if the candidate or any sub-supplier is deemed unsuitable for participation in the competition and/or as a supplier to the Danish Defence, cf. art. 39 (2) in Directive 2009/81/EC of the European Parliament and of the Council.
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 yes
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:
IV.3.2)Previous publication(s) concerning the same contract
no
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
15.4.2016 - 12:00
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:
THE FORMALITIES: DALO has prepared a prequalification questionnaire which applicants are strongly encouraged to use when submitting their applications for prequalification. The prequalification questionnaire are available through Mercell. When submitting the bids (but not the application for participation) 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 accordance with consolidation act no. 336 of 13.5.1997 regarding public payments. A form that the tenderers can use will be submitted with the tender material. Re. section III.2.1) According to directive 2009/81/EC of the European Parliament and of the Council art. 41(2) and 42(2), a candidate may rely on the economic, financial and/or technical 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 included when establishing the suitability of the candidate, the candidate must prove that the other entities will put the relevant resources at the disposal of the candidate. For instance this is fulfilled if the candidate submits a co-operation agreement clearly stating that the candidate has the relevant resources at its disposal (conversely, it is not sufficient to submit a declaration stating that the candidates is entitled to sell products on behalf of another entity if the candidate wishes to rely on the capacity of this other entity). The prequalification questionnaire can be used in this regard. Testing of the Mortar Systems: As part of the tender procedure and prior to awarding the contracts (Acquisition and Sustainment), tests will be conducted to verify that the equipment included in the tenderers' offer (only the prequalified) for the Acquisition Contract complies with the demands of DALO and that the indicative offer fulfils the mandatory requirements. It shall be noted that the test will be based solely on the Mortar System and not on the integration on the platform as DALO not yet has the final platforms (Piranha 5) available. Therefore, the tenderers' shall provide an appropriate platform (for test purposes) from which among others ‘live-firing’ can take place. The exact mechanism and the desirable tests will be described in the tender material. The tests are scheduled to take place at the tenderers' locations medio/ultimo 2016. The tests are expected to have a duration of 2 days at each tenderer. Negotiations: A negotiation process is intended to be carried out with all prequalified candidates whose first indicative offer fulfils the mandatory requirements. Candidates who do not meet the mandatory requirements will not be invited to any negotiations or to submit any further offers. Negotiations will be focused on the strengths and weaknesses of the submitted tenders and will be based on the contract award criteria as well as possible reservations to the terms of the tender. DALO reserves the right — based on the award criteria — to shortlist the candidates after each round of negotiations (i.e. to reduce the number of candidates even if the tenderer in question fulfils the mandatory requirements). After having conducted the negotiations, a revised set of tender documents may be submitted based on the experiences from the negotiations. Hereafter, the candidates are requested to make any alteration (if any) to the indicative offer necessitated by the negotiations and to submit either a new indicative offer that leads to further negotiations or a best and final offer (BAFO). After receipt of the BAFO, DALO will evaluate all the BAFOs in order to identify the most economically advantageous offer, using the award criteria as further described in the tender conditions. Submission for participation (and the offer at a later stage): The application for participation (and the offer at a later stage) must be submitted electronically through the Mercell Sourcing Service's web portal. The offer cannot be submitted by e-mail and any other means than the Mercell Sourcing Service's web portal as described above. Non-compliance with the formal requirements: DALO reserves the right — but is not obligated to — use the remedies provided for in section 12 of the Danish statutory order on procedures for the award of public supply contracts, public service contracts and public construction contracts (order nr. 712 of 15.6.2011), if tenderers do not fulfil the formalities of the tender documents.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: Klagenævnet for Udbud (Complaints Board for Public Procurement)
Postal address: Dahlerups Pakhus, Langelinie Allé 17
Town: København Ø
Postal code: 2100
Country: Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291000
Fax: +45 33307799
Internet address: www.klfu.dk

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Pursuant to Danish act. on The Complaints Board for Public Procurement (act. no 492 of 12.5.2010 with subsequent amendments — available at www.retsinformation.dk) on enforcement of the public procurement rules, 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 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). The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the filed of the compliant to the Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. 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.

VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: Konkurrence- og Forbrugerstyrelsen (The Danish Competion and Consumer Authority)
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Fax: +45 41715100
Internet address: www.kfst.dk

VI.5)Date of dispatch of this notice:
14.3.2016