Fakta om udbudet
Udbyder
Danish Defence Acquisition and Logistics Organization
Vindere
(22.12.2021)
SAAB Training Systems AB
Huskvarna
Instrumented Laser Duel System
Danish Defence Acquisition and Logistics Organization
Voluntary ex ante transparency notice
Supplies
Section I: Contracting authority/entity
National registration number: 16-28-71-80
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK Danmark
Postal code: 2750
Country: Denmark
Contact person: Poul Mariegaard Kristensen
E-mail: fmi-sd-alj07@mil.dk
Telephone: +45 72814197
Internet address(es):
Main address: www.fmi.dk
Section II: Object
Instrumented Laser Duel System
The Danish Army has, over the last two decades acquired a number of systems, each supporting a part of the tactical training. However, it has not provided the possibility to “Train as you Fight” with respect to the cooperation between infantry and armored vehicles. The Army is currently using, and will continue to use the BT46 system for armored vehicles
The Danish Ministry of Defence, Acquisition and Logistics Organization is entering into a Framework Agreement with SAAB Training Systems AB for an Instrumented Laser Duel Systems (I-LDS) that shall be interoperable with the BT46 System.
The acquisition is based on a Framework Agreement with a duration of 15 years, with an option for further 5 years.
The Agreement will cover:
Acquisition of transmitters and receivers for soldiers and vehicles,
Acquisition of computers and radios incl. antennas in order to establish a Mobile Exercise Control (EXCON)
Sustainment in terms of onsite support, service, spare parts, repair and education
I-LDS hall provide the opportunity to register the behavior of each individual entity on the battlefield for the purpose of evaluation and feedback. It is also expected to be able to introduce effects from mines, improvised explosive devices, artillery, mortars, aircrafts, both rotary and fixed wing, and collect imagery from unmanned aerial vehicles and unmanned aerial systems.
The I-LDS shall be flexible and mobile in order to, if necessary change location both national and international.
The I-LDS shall be able to enable full compatibility and interoperability with the BT-46 system.
an option for further 5 years duration
Section IV: Procedure
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
This voluntary ex ante transparency notice is published, as DALO intends to award acquisition of Integrated Laser Duel System (I-LDS) with sub systems, accessories, sustainment, education and full support to SAAB AB, following the negotiated procedure without prior publication of a contract notice, cf. the defence and security procurement directive article 28, part 1, litra e. DALO’s asseses that the agreement can be entered into in accordance with this article, as the conditions for the agreement being entered into due to technical reasons or reasons that concern the protection of exclusive rights are fulfilled, and the agreement can only be awarded to a specific contractor (SAAB).
DALO has a legacy of I-LDS (BT-46) systems with an objective and commercial need for future use. It represents a substantial economic value, and retraining associated with acquiring a new system without utilizing the legacy is considerable. Therefore, DALO needs a (further) development of the existing I-LDS in order to enable combined training, ensuring the educational principle of “train as you-fight”. Ensuring training to be introduced, lives up to the Defence’s (and international) standards and demands, it is a requirement that the new I-LDS is interoperable with the BT-46. Delivering I-LDS that is fully interoperable with the legacy, it requires access to proprietary information etc., including source codes to BT-46 developed and delivered by SAAB. DALO has been in dialog with the market in the effort to conduct a tender for the agreement, but on the this basis DALO assesses that it is not possible to create competition for the agreement as SAAB possesses the source codes, and has stated that it will not grant access to others. This also applies to other proprietary information for BT-46 necessary in order to create interoperability. SAAB has stated that they will not enter into a development cooperation with other vendors to design a unique Danish solution or otherwise assist in developing a solution reducing the need for interoperability. DALO assesses that this would not anyway be able to realize the Danish Defence’s demands for an I-LDS, just as there are no alternative solutions in the market which can fulfill the Defence’s operative demands and at the same time utilize the legacy. Furthermore, at the time of acquiring the BT-46, DALO had no possibility to acquire the necessary rights to the system, as it is not a custom in this market to sell these rights.
Section V: Award of contract/concession
Town: Huskvarna
NUTS code: SE Sverige
Country: Sweden
Section VI: Complementary information
The date given in section V.2.1) is the date of the decision to award the Framework Agreement directly, and not the date of entering into the Agreement. The Framework Agreement will not be entered into until the expiration of a period of 10 days from publication of this notice.
Regarding section II..1.7) and V.2.4): The estimated value of the framework agreement is 183 mio DKK and the maximum value of the framework agreement is 550 mio DKK. The reason for the difference between the stated values is the uncertainty regarding the final value of the framework agreement, cf. below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the framework agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the framework agreement in its duration.
The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding the available budget for the duration of the Framework Agreement.
The value stated in section II.1.7) og V.2.4) does not constitute the exact value of the framework agreement nor a minimum committed purchase by DALO.
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
Pursuant to Section 7(2) of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), 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 Jour-nal 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, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included a short account of the relevant reasons for the decision.
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.
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk
BREAKING