Procurement of launch services for maritime monitoring.

The notice is for The Norwegian Space Agency's ("NOSA") procurement of satellite launch services for maritime surveillance in the project Arctic Ocean Surveillance ("AOS"). The project is being carried out together with the European Space Agency ("ESA") and intends to establish and develop a complete industrial value chain for small …

CPV: 60510000 Satellite launch services
Place of execution:
Procurement of launch services for maritime monitoring.
Awarding body:
Norsk Space Agency
Award number:
74AO2405

1. Buyer

1.1 Buyer

Official name : Norsk Space Agency

2. Procedure

2.1 Procedure

Title : Procurement of launch services for maritime monitoring.
Description : The notice is for The Norwegian Space Agency's ("NOSA") procurement of satellite launch services for maritime surveillance in the project Arctic Ocean Surveillance ("AOS"). The project is being carried out together with the European Space Agency ("ESA") and intends to establish and develop a complete industrial value chain for small satellites, as well as a national satellite based sea surveillance system. The aim of the procurement is to launch two satellites that shall be used for ship surveillance on behalf of the Norwegian Coastal Administration, the Norwegian Armed Forces and any. other Norwegian authorities. Based on national security and other conditions, it is assumed that the launch will take place from Andøya Spaceport. NOSA deems the terms in the public procurement regulations ("FOA") § 13-4 letter b no. 2, which allows for the execution of the procurement without a competition being held, as fulfilled. The reason is that there is only one supplier, Isar Aeorospace ("ISAR"), who currently has a licence for registration from Andøya Spaceport and that it is necessary to enter into a binding agreement now to ensure the circulation at a time that is crucial for the project. NOSA therefore intends to enter into a contract WITH ISAR for the procurement of scheme services.
Procedure identifier : 0ec76853-05b2-47f7-9f41-56460cbf6bdd
Internal identifier : 74AO2405
Type of procedure : Negotiated without prior call for competition

2.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 60510000 Satellite launch services

2.1.2 Place of performance

Country subdivision (NUTS) : Nordland ( NO071 )

2.1.4 General information

Legal basis :
Directive 2014/24/EU

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Procurement of launch services.
Description : The notice is for The Norwegian Space Agency's ("NOSA") procurement of satellite launch services for maritime surveillance in the project Arctic Ocean Surveillance ("AOS"). The project is being carried out together with the European Space Agency ("ESA") and intends to establish and develop a complete industrial value chain for small satellites, as well as a national satellite based sea surveillance system. The aim of the procurement is to launch two satellites that shall be used for ship surveillance on behalf of the Norwegian Coastal Administration, the Norwegian Armed Forces and any. other Norwegian authorities. Based on national security and other conditions, it is assumed that the launch will take place from Andøya Spaceport. NOSA deems the terms in the public procurement regulations ("FOA") § 13-4 letter b no. 2, which allows for the execution of the procurement without a competition being held, as fulfilled. The reason is that there is only one supplier, Isar Aeorospace ("ISAR"), who currently has a licence for registration from Andøya Spaceport and that it is necessary to enter into a binding agreement now to ensure the circulation at a time that is crucial for the project. NOSA therefore intends to enter into a contract WITH ISAR for the procurement of scheme services.
Internal identifier : 74AO2405

5.1.1 Purpose

Main nature of the contract : Services
Main classification ( cpv ): 60510000 Satellite launch services

5.1.2 Place of performance

Country subdivision (NUTS) : Nordland ( NO071 )
Additional information :

5.1.6 General information

The procurement is covered by the Government Procurement Agreement (GPA) : no

5.1.16 Further information, mediation and review

Review organisation : Oslo District Court

6. Results

Value of all contracts awarded in this notice : 1 400 000 Euro
Direct award :
Justification for direct award : The contract can be provided only by a particular economic operator because of exclusive rights, including intellectual property rights
Other justification : The Public Procurement Regulations § 13-4 letter b no. 2 states that the contracting authority can hold a procurement without competition if the procurement concerns services that only a particular supplier can deliver because a competition is impossible for technical reasons. Based on market surveys, internal assessments and information from respectively. The Civil Aviation Authority and Andøya Space AS have assessed that ISAR is currently the only supplier in the market who can provide the desired launch services within the available timeframe. This applies nationally within the EEA area and in the WTO area. It is a prerequisite that the AOS satellites are to be launched from Andøya Spaceport, and ISAR is the only company currently licensed to do so. Based on the time ISAR has spent getting a license for such launch services, the requirements for obtaining such a license, and that at the current time there are no other actors in the market who have initiated a process for obtaining a license for launch from Andøya Spaceport, it is considered clear that no other actors will have the necessary licenses and agreements in place within the time frame available for the Norwegian Space Agency. For the sake of clarity, it is emphasised that, based on information from Andøya Space AS, it cannot be ruled out that at the time of the launch - i.e. in 2027 - there could be other parties in the market than ISAR who have the necessary licences for recovery services. The agreement must, however, be signed with necessity within a very short time, in order to ensure launch at the relevant time. Access to launch services is under considerable pressure worldwide as a result of the established European rockets (Vega and Ariane 6) currently not fully operative, and that SpaceX now almost has a monopoly on this market. The capacity of launch services at SpaceX is at the same time as a result of the market situation fully booked in the next few years. This makes it necessary to ensure access to launch services through a binding agreement significantly earlier than what has normally been necessary if it shall be possible to carry out the launch as planned in 2027. The Norwegian Space Agency has a legitimate and objective need to enter into a contract for upgrading services now. The background for this is that the capacity in the market is in the process of being covered and that the payload that shall be launched must be adapted to the collection rocket. The two devices that shall be used must be compatible and this must be taken into consideration when developing the satellites. There is a significant need for development and adaptation both at the supplier of the launch service and the suppliers of the payload, which must be carried out under binding agreements. Due to these technical reasons, the contract must now be signed. The Public Procurement Regulations § 13-4 letter b no. 2 and 3 last sentences state that a lack of competition assumes that there are no reasonable alternatives and that the missing competition is not due to the contracting authority having adapted the procurement documents to a particular tenderer. The Norwegian Space Agency is not aware of any alternatives on the market. Thorough investigations have been carried out on this. The fact that at the current time and within the timeframe at disposal, there is only one actor who can provide the requested launch services is due to the fact that the procurement, in accordance with nature and complexity, requires a number of technical requirements, as well as requirements for qualifications/experience, economic and financial capacity, security etc. In addition there is a specific requirement for a licence for the launch from Andøya Spaceport. As a natural result of the nature and complexity of the procurement, there will, therefore, be a narrow circle of suppliers who can possess the necessary qualifications to provide the requested launch services. The intention to enter into a contract directly with ISAR is therefore not due to a desire to bypass the procurement rules, or an adaptation of the procurement documents, but an objective and factual need to ensure the realisation of the AOS project. Thus, the terms for entering into a contract directly with ISAR for the procurement of launch services are deemed to be fulfilled. Any objections to the Norwegian Space Agency ́s intention to enter into agreement with ISAR, must be given within 10 days of publication of this intention notice.

6.1 Result lot ldentifier : LOT-0000

6.1.2 Information about winners

Winner :
Official name : ISAR Aerospace
Tender :
Tender identifier : 74AO2405
Identifier of lot or group of lots : LOT-0000
Subcontracting value is known : no
Subcontracting percentage is known : no
Contract information :
Identifier of the contract : 74AO2405
The contract is awarded within a framework agreement : no

8. Organisations

8.1 ORG-0001

Official name : Norsk Space Agency
Registration number : 886028482
Postal address : Drammensveien 165
Town : OSLO
Postcode : 0277
Country : Norway
Contact point : Siv Thoresen
Telephone : +47 47253867
Roles of this organisation :
Buyer

8.1 ORG-0002

Official name : Oslo District Court
Registration number : 926 725 939
Town : Oslo
Country : Norway
Telephone : +47 22035200
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : ISAR Aerospace
Size of the economic operator : Small
Registration number : 927020599
Postal address : Hjortestien 11
Town : Andenes
Postcode : 1823
Country : Norway
Telephone : 76141010
Roles of this organisation :
Tenderer
Winner of these lots : LOT-0000
The winner is listed on a regulated market

11. Notice information

11.1 Notice information

Notice identifier/version : 43fb2051-645a-4122-af97-319a78025cc7 - 01
Form type : Direct award preannouncement
Notice type : Voluntary ex-ante transparency notice
Notice dispatch date : 19/11/2024 12:47 +00:00
Notice dispatch date (eSender) : 19/11/2024 12:48 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00706866-2024
OJ S issue number : 226/2024
Publication date : 20/11/2024