Supplies - 95027-2022

22/02/2022    S37

Denmark-Ballerup: Transport equipment and auxiliary products to transportation

2022/S 037-095027

Contract notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Danish Ministry of Defence Acquisition and Logistics Organization
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK0 Danmark
Postal code: 2750
Country: Denmark
Contact person: Kenneth Kalsgaard
E-mail: fmi-sd-aam09@mil.dk
Telephone: +45 72815880
Internet address(es):
Main address: www.fmi.dk
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/c0d8a3fb-bb2f-4132-97e4-c0d8a4894091/publicMaterial
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.ethics.dk/ethics/eo#/c0d8a3fb-bb2f-4132-97e4-c0d8a4894091/homepage
Tenders or requests to participate must be submitted to the abovementioned address
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.ethics.dk/ethics/eo#/c0d8a3fb-bb2f-4132-97e4-c0d8a4894091/homepage
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Defence

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Lease of Patrol/ISR Aircraft for the Danish Air Force Home Guard

II.1.2)Main CPV code
34000000 Transport equipment and auxiliary products to transportation
II.1.3)Type of contract
Supplies
II.1.4)Short description:

DALO is tendering a leasing contract for two ISR (Intelligence, Surveillance & Reconnaissance) Aircraft for the Danish Air Force Home Guard (DAFHG).

The aircraft shall be equipped with mission equipment in terms of sensors, mission consoles and communication, enabling DAFHG to fulfil their missions, such as surveillance, inspection, observation, reconnaissance and SAR, while communicating with assets on the ground. Flight hours per year are expected to be (but not limited to) approximately 1000 in total for both aircraft, a part of which will be included in the fixed leasing price. Additional flight hours will be purchased as needed.

The contract entails a long term (8 to 10 years) leasing arrangement, where the lessor shall maintain the aircraft and equipment throughout the entire leasing period.

The maintenance (scheduled/unscheduled) shall also be included in the fixed leasing price and the aircraft shall be kept airworthy by the lessor during the entire leasing period.

II.1.5)Estimated total value
Value excluding VAT: 250 000 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
34711100 Aeroplanes
34711110 Fixed-wing aircrafts
34711200 Non-piloted aircraft
34711400 Special-purpose aircraft
II.2.3)Place of performance
NUTS code: DK0 Danmark
Main site or place of performance:

Roskilde Airport (EKRK)

II.2.4)Description of the procurement:

Based on the Requirement Specifications, DALO will require the Tenderer to deliver 2 (two) fully equipped ISR Aircraft between 10-12 months after contract signature. Both aircraft and all equipment therein shall be identical to each other.

Aircraft specifications include:

- MTOW of less than 5700 KG

- Single pilot approved.

- Able to operate at a speed of 85 kn (IAS)

- High wing mounted construction

- Multi engine aircraft

Mission equipment includes:

- Mission system allowing MSO (Mission System Operator) to locate addresses (street and house number) and coordinates (lat-long/MGRS)

- EO/IR Sensor with SWIR, High Definition IR, Laser illuminators etc.

- ViDAR Day and night sensor

- Systems that allow for recording and export of Mission System data, including EO/IR feed

- DVB-T Video Downlink system for the EO/IR feed

- ROVER Video Downlink system for the EO/IR feed (L3Harris ROVER system will be provided as GFE – Government Furnished Equipment but build in and certified by the tenderer)

Communication equipment includes:

- VHF, UHF and Multiband

- Satellite phone

- SATCOM

- SINE radios – Danish Civil Emergency Communication network. (Radios will be provided as GFE – Government Furnished Equipment but build in and certified by the tenderer)

Most of the operations will take place in Denmark and over the Baltic Sea, but the aircraft will also be required to participate internationally e.g. in the European theater e.g. FRONTEX. There can also be a possibility for operations in the Faroe Islands and Greenland.

As a part of the delivery, Lessor shall carry out training for MSO’s in the use of the mission system, sensors and ground station equipment and for Pilots, training concerning knowledge about the aircraft in general, including sensor capabilities and Ground Support Teams in Pre- and Post-flight checks, Towing, Fueling and Washing.

Within the framework of the Danish Air Navigation Act §155 the Tenderer (Lessor/Owner) provides DALO (the Lessee) with at Civil Owned Government Operated state aircraft carrying out its mission within the framework of the civil Aviation regulations.

- The Lessor provides the aircraft to the lessee without a crew (dry lease).

- The Danish Home Guard operates the aircraft and upholds for the purpose a civil air operators Certificate issued by the Danish Civil Aviation Authority.

- The Lessor must deliver mission capable aircraft in a documented, certified and airworthy configuration.

- The Lessor must ensure the undertaking of all continuing airworthiness tasks of the aircraft including maintenance.

As part of the Offer, Tenderer shall provide documentation for the ability to deliver the aircraft in a documented, certified airworthy configuration and for having access to an approved CAMO in order to ensure the undertaking of all continuing airworthiness tasks of the aircraft, including maintenance.

The Tenderer shall at all times in the contract period, be authorized for receiving, storing and handling of ITAR controlled equipment delivered as GFE.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 250 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 96
This contract is subject to renewal: yes
Description of renewals:

24 months.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

The contract includes options for pilot training and for services associated with deploying Aircraft on missions within the European theater.

Options are:

- Training: EASA approved class rating or type rating program in excess of MEP rating and UPRT course. For pilots on initial roster.

- Training: EASA approved class rating or type rating program in excess of MEP rating and UPRT course. For future pilots

- Training: Conversion/familiarization course. If aircraft only requires a MEP class rating. For pilots on initial roster.

- Training: MEP Class Rating Training. If aircraft only requires a MEP class rating. For future pilots.

- Training: EASA approved training program for doing recurrent training including PC/OPC in Denmark.

- Deployment: Full Deployment, 30 days support

- Deployment: Additional days of support (extending the Full Deployment)

- Deployment: Short Deployment, less than 30 days support.

Option Training – Class/type Rating – Pilots on initial roster:

If the aircraft offered requires at class or typerating in excess of a MEP class rating:

The tenderer shall, be able to provide an EASA approved ATO with an EASA approved class rating or type rating program in excess of MEP rating and UPRT course, whichever is applicable on the aircraft type offered, that confirms that all the training can be done in the aircraft in Denmark.

The instructors/examiners shall be approved by the Danish CAA to write the appropriate rating in a Danish issued EASA flight crew license.

All DAFHG pilots hold MEP class rating.

Option Training – Class/type Rating – Future pilots:

If the aircraft offered requires at class or typerating in excess of a MEP class rating:

The tenderer shall, for the entire Leasing Period, be able to provide an EASA approved ATO with an EASA approved class rating or type rating program in excess of MEP rating and UPRT course, whichever is applicable on the aircraft type offered, that confirms that all the training can be done in the aircraft in Denmark.

The instructors/examiners shall be approved by the Danish CAA to write the appropriate rating in a Danish issued EASA flight crew license.

Option - Conversion/Familiarization course - Pilots (Initial Roster)

If the aircraft offered only require a MEP class rating:

The tenderer shall be able to provide a conversion/familiarization course for DAFHGs pilots including a proficiency check (PC) on the new aircraft.

Option - MEP Class Rating Training - Pilots (Future Pilots)

If the aircraft offered only require a MEP class rating:

The tenderer shall, for the entire Leasing Period, be able to provide an EASA approved ATO with an EASA approved MEP class rating course, that confirms that all the training can be done in the aircraft in Denmark.

Option Training – Recurrent training:

The tenderer shall, for the entire Leasing Period, be able to provide an EASA approved ATO with an EASA approved training program for doing recurrent training including PC/OPC in Denmark.

Options Deployment

The Aircraft shall be allowed to be deployed outside the Kingdom of Denmark, but within the European/Mediterranean area.

During deployment periods, the tenderer shall provide Qualified technical service on site.

Tenderer shall provide all needs for the technician(s).

Technical service shall perform unscheduled and scheduled maintenance as required.

Tenderer shall be able to provide scheduled and unscheduled maintenance as necessary during deployment, including spare parts and consumables.

If a site survey is required, the Tenderer shall provide a qualified person to carry this out.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.2)Economic and financial standing
List and brief description of selection criteria:

The tenderer must use the European Single Procurement Document (electronic version, hereafter ESPD –) and provide the following information in the ESPD:

Its equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available, cf. Part IV, section B.

Its equity/shareholders funds for the last 3 financial years to the extent such information is available, cf. Part IV, section B.

Please be advised, DALO has decided that all tenderers must submit the following documentation, as stated in the Instructions To Tenderers, clause 8 and 9, and Enclosure 3:

Annual reports or excerpts hereof or other documentation stating the tenderer’s equity ratio (calculated by dividing the tenderer’s equity with the tenderer’s total assets (equity/total assets x 100) at the end of the last 3 financial years, to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Annual reports or excerpts hereof or other documentation stating the tenderer’s equity/shareholders funds at the end of the last 3 financial years, to the extent such information is available. When groups of entities (e.g. consortiums), including temporary joint ventures, participate in the tender procedure together, the documentation must be provided for each of the participating entities. If the tenderer relies on the economic and financial standing of another entity or entities (e.g. a parent or sister company or a sub supplier), the documentation must equally be provided for each entity or entities.

Please note that a tenderer 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 tenderer and the entity or entities on which the tenderer relies. In this case, the tenderer shall ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderers own ESPD. The entity or entities’ ESPD must equally provide the information listed above.

Minimum level(s) of standards possibly required:

The tenderer must have had an equity ratio of at least 20 percent for each the last 3 financial years. The equity ratio is calculated by dividing the tenderer’s equity with the tenderers total assets (equity/total assets x 100).

If the tenderer 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 tenderer relies on the economic and financial standing of an entity or entities, the equity ratio is calculated by dividing the sum of the tenderer’s and the entity or entities’ equity with the sum of the tenderer’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.

The tenderer must have had an equity/shareholders fund of at least 20 million (20.000.000) DKK for each 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 tenderer is composed of a group of entities (e.g. consortium), including temporary joint ventures, the equity/shareholders fund is calculated as the sum of all the participants equity/shareholders fund in each of the last 3 financial years available.

If the tenderer relies on the economic and financial standing of an entity or entities, the equity/shareholders fund ratio is calculated as the sum of the tenderer’s and the entity or entities’ equity/shareholders fund in each of the last 3 financial years.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

N/A

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

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 Danish consolidation act. no. 798 of June 2007 which requires electronic invoicing. Exact terms are 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 shall undertake joint and several liabilities and to appoint one supplier to represent the group.

The contract must be conducted in consideration of corporate social responsibility (CSR) and it contains a labour clause, please see Annex J for further information.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2020/S 217-529721
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 29/04/2022
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English, Danish
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 10 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 29/04/2022
Local time: 13:00

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
VI.3)Additional information:

Attention is drawn to the Investment Screening Act (Act. No. 842 of 10 May 2021) according to which certain companies are required to apply for permission from the Danish Business Authority prior to entering into “special financial agreements” within particularly sensitive sectors and activities. Further information can be obtained from https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.

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 apply 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, that the tenderer fulfils the minimum requirements for suitability fixed in accordance with § 140, cf. section III.1.2).

The tenderer and, if relevant, the participants in the group of entities or/and entities on which the tenderer relies on, 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. The ESPD document must be signed by the supporting entity. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consurtiums), each participant’s ESPD document must be signed by the participant in question. It is not necessary for the participant submitting the tender to sign his ESPD document.

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. Please see the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3), for further information on the matter.

DALO does not provide remuneration for the participants in the tender.

The contract is not divided into lots on the grounds described in the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3).

For further information regarding this procurement, please see the document “Additional information”, which is located at the ETHICS-webportal, cf. section I.3).

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: DK-8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://klfu.naevneneshus.dk/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

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 Jour-nal 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.

3) 6 months after the contracting authority has entered into the framework agreement starting the day after the contracting authority has sent notification to the candidates/tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the reasons for the decision.

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his deci-sion to uphold the contract, cf. § 185(2) of the Public Procurement Act.

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).

Contact information for 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 on the website stated in section VI.4.1).

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: DK-2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk
VI.5)Date of dispatch of this notice:
17/02/2022