Framework Agreement regarding High Bandwidth Low Latency SATCOM

Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) is executing a tender of High bandwidth Low Latency SATCOM to be used in the Danish Defence. The Danish Defence often operates outside of traditionel internet infrastructure. Current acces to the internet in such locations is obtained via SATCOM, based on …

CPV: 32000000 Equipos de radio, televisión, comunicaciones y telecomunicaciones y equipos conexos, 32420000 Equipo de red, 32430000 Red de área extendida, 32500000 Equipo y material para telecomunicaciones, 32530000 Equipo del tipo usado para comunicaciones por satélite, 32531000 Equipo de comunicaciones por satélite
Plazo:
8 de octubre de 2024 a las 11:00
Tipo de plazo:
Presentación de una oferta
Lugar de ejecución:
Framework Agreement regarding High Bandwidth Low Latency SATCOM
Organismo adjudicador:
Danish Ministry of Defence Acquisition and Logistics Organisation
Número de premio:
2023/013985

1. Buyer

1.1 Buyer

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation
Legal type of the buyer : Central government authority
Activity of the contracting authority : Defence

2. Procedure

2.1 Procedure

Title : Framework Agreement regarding High Bandwidth Low Latency SATCOM
Description : Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) is executing a tender of High bandwidth Low Latency SATCOM to be used in the Danish Defence. The Danish Defence often operates outside of traditionel internet infrastructure. Current acces to the internet in such locations is obtained via SATCOM, based on geostationary satellite constellations at a distance of more than 35.000 kilometres from Earth. This very long distance communication limits both latency and the bandwidth of such systems. With increased need for internet access, pertaining to administrative tasks and crew Wi-Fi, a new SATCOM system with low latency and high bandwidth is required. It is expected that the data based communication will increase in the future, as the service becomes more widely used in the Danish Defence. The Danish Defence operates all over the world both on land and at sea. DALO therefore needs a solution with global coverage. However, DALO is also aware that the different solutions on the market at present can not quarantee global coverage. Therefore, to maximise the connectivity, DALO whishes to acquire two solutions of High Bandwidth Low Latency SATCOM. It is not the plan that both solutions of High Bandwidth Low Latency SATCOM will be installed and used on the different platforms. However, certain platforms might have both solutions installed. The solution is intended to be used on both stationary and moving platforms, and as such it is required to be able to function on-the-move. The solution will be subjected to harsh weather conditions of the Arctic with low temperatures, high winds and rough seas, but also warm sub-tropic climate. As the vessels of the Royal Danish Navy will periodically be docked for maintenance for extended periods of time, DALO whishes a solution where the connection can be frozen/paused. The framework agreement will concist of Terminals and Subscriptions (Airtime) as well as training, repair-services and spare parts.
Procedure identifier : 97811413-980d-40c4-96cc-b06addabce56
Internal identifier : 2023/013985
Type of procedure : Open
The procedure is accelerated : no
Justification for the accelerated procedure :
Main features of the procedure : As part of its offer, the tenderer must submit the European Single Procurement Document (ESPD). Please note that a tenderer may rely on the capacity of other entities (e.g. a parent or sister company or a subcontractor), 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 must ensure that an ESPD from the entity or entities on which the tenderer relies is submitted along with the tenderer's own ESPD. The ESPD of the entity or entities in question must include equivalent information. A tenderer may only submit one offer. The tenderer and, if relevant, the participants in the group of entities and/or entities on which the tenderer relies, must use the ESPD, see section 148 of the Danish Public Procurement Act, as preliminary evidence that the participants are not subject to any of the exclusion grounds set out in sections 135 and 136 of the Danish Public Procurement Act, and that the tenderer fulfils the suitability requirements. It is not necessary for the tenderer to sign the ESPD document. If the tenderer is a group of entities (consortiums), the participants not submitting the offer must sign their ESPD document. Any entities relied on must also sign the ESPD.

2.1.1 Purpose

Main nature of the contract : Supplies
Additional nature of the contract : Services
Main classification ( cpv ): 32530000 Satellite-related communications equipment
Additional classification ( cpv ): 32000000 Radio, television, communication, telecommunication and related equipment
Additional classification ( cpv ): 32420000 Network equipment
Additional classification ( cpv ): 32430000 Wide area network
Additional classification ( cpv ): 32500000 Telecommunications equipment and supplies
Additional classification ( cpv ): 32531000 Satellite communications equipment

2.1.2 Place of performance

Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Additional information : Delivery of Terminals and spare parts will take place on INCOTERMS FCA-regulation. Activation of the Subscriptions will be performed from the suppliers place of business. Training is set to be performed on locations belonging to the Danish Defence. The specific locations is not yet known and will be decided bases on availability and the location of the personel attending the training course.

2.1.3 Value

Estimated value excluding VAT : 121 000 000 Danish krone
Maximum value of the framework agreement : 363 000 000 Danish krone

2.1.4 General information

Additional information : It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in Participation (which is system-generated) may suggest this. No particular legal form is required. If the agreement is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liability and appoint one supplier to represent the group. The agreement is not divided into lots since a division of the agreement will entail disproportionate costs due to subsequent contract administration. It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1 for the exact delimitation of the operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership. Regarding "Conditions of performance": As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, see section "Conditions of performance". In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration. DALO has uploaded a template (available in the electronic tender system) which must be used as declaration. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities. DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfill the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act. Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. The estimated value of the framework agreement is DKK 121.000.000,00, and the maximum value of the agreement is DKK 363.000.000,00. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration. The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding exactly how extensively the deliverables under the agreement will be distributed in the Danish Defence. If it is decided that the deliverables in question are to be used by more groups of personnel than what is actually decided for now, this will lead to a significantly larger expenditure under the agreement than what is expected at the moment.
Legal basis :
Directive 2014/24/EU
The Danish Public Procurement Act (Act no. 1564 of 15 December 2015, as amended) - The Danish Public Procurement Act implements the Public Procurement Directive (2014/24/EU) in Danish law

2.1.6 Grounds for exclusion

Corruption : See section 135(1), para (2) of the Danish Public Procurement Act
Participation in a criminal organisation : See section 135(1), para (1) of the Danish Public Procurement Act
Money laundering or terrorist financing : See section 135(1), para (5) of the Danish Public Procurement Act
Fraud : See section 135(1), para (3) of the Danish Public Procurement Act
Child labour and other forms of trafficking in human beings : See section 135(1), para (6) of the Danish Public Procurement Act
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : See section 136(3) of the Danish Public Procurement Act
Conflict of interest due to its participation in the procurement procedure : See section 136(1) of the Danish Public Procurement Act
Direct or indirect involvement in the preparation of this procurement procedure : See section 136, para (2) of the Danish Public Procurement Act
Guilty of grave professional misconduct : See section 136, para (4) of the Danish Public Procurement Act
Payment of social security contributions : See section 135(3) of the Danish Public Procurement Act
Payment of taxes : See section 135(3) of the Danish Public Procurement Act
Terrorist offences or offences linked to terrorist activities : See section 135(1), para (4) of the Danish Public Procurement Act

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Framework Agreement regarding High Bandwidth Low Latency SATCOM
Description : Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) is executing a tender of High bandwidth Low Latency SATCOM to be used in the Danish Defence. The Danish Defence often operates outside of traditionel internet infrastructure. Current acces to the internet in such locations is obtained via SATCOM, based on geostationary satellite constellations at a distance of more than 35.000 kilometres from Earth. This very long distance communication limits both latency and the bandwidth of such systems. With increased need for internet access, pertaining to administrative tasks and crew Wi-Fi, a new SATCOM system with low latency and high bandwidth is required. It is expected that the data based communication will increase in the future, as the service becomes more widely used in the Danish Defence. The Danish Defence operates all over the world both on land and at sea. DALO therefore needs a solution with global coverage. However, DALO is also aware that the different solutions on the market at present can not quarantee global coverage. Therefore, to maximise the connectivity, DALO whishes to acquire two solutions of High Bandwidth Low Latency SATCOM. It is not the plan that both solutions of High Bandwidth Low Latency SATCOM will be installed and used on the different platforms. However, certain platforms might have both solutions installed. The solution is intended to be used on both stationary and moving platforms, and as such it is required to be able to function on-the-move. The solution will be subjected to harsh weather conditions of the Arctic with low temperatures, high winds and rough seas, but also warm sub-tropic climate. As the vessels of the Royal Danish Navy will periodically be docked for maintenance for extended periods of time, DALO whishes a solution where the connection can be frozen/paused. The framework agreement will concist of Terminals and Subscriptions (Airtime) as well as training, repair-services and spare parts.
Internal identifier : 2023/013985

5.1.1 Purpose

Main nature of the contract : Supplies
Additional nature of the contract : Services
Main classification ( cpv ): 32530000 Satellite-related communications equipment
Additional classification ( cpv ): 32000000 Radio, television, communication, telecommunication and related equipment
Additional classification ( cpv ): 32420000 Network equipment
Additional classification ( cpv ): 32430000 Wide area network
Additional classification ( cpv ): 32500000 Telecommunications equipment and supplies
Additional classification ( cpv ): 32531000 Satellite communications equipment

5.1.2 Place of performance

Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Additional information : Delivery of Terminals and spare parts will take place on INCOTERMS FCA-regulation. Activation of the Subscriptions will be performed from the suppliers place of business. Training is set to be performed on locations belonging to the Danish Defence. The specific locations is not yet known and will be decided bases on availability and the location of the personel attending the training course.

5.1.3 Estimated duration

Duration : 48 Month

5.1.4 Renewal

Maximum renewals : 0
The buyer reserves the right for additional purchases from the contractor, as described here : The duration of the framework agreement is 4 years (48 months). The framework agreement can not be renewed.

5.1.5 Value

Estimated value excluding VAT : 121 000 000 Danish krone
Maximum value of the framework agreement : 363 000 000 Danish krone

5.1.6 General information

This is a recurrent procurement
Description : It is DALO's intention - at the moment - that a tender for a new framework agreement will be published before expirery. However, DALO will have the right to decide not to publish a new tender for example if the intended solution is not used. A possible new tender will be published approximately 1 (one) year before expirery of the existing agreement.
Reserved participation : Participation is not reserved.
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : yes
This procurement is also suitable for small and medium-sized enterprises (SMEs)
Information about previous notices :
Identifier of the previous notice : 74701-2024
Additional information : It is stressed, however, that the voluntary grounds for exclusion in section 137 of the Danish Public Procurement Act do not apply for this procurement, irrespective of whether the text in Participation (which is system-generated) may suggest this. No particular legal form is required. If the agreement is awarded to a group of suppliers (e.g. a consortium), the participants shall undertake joint and several liability and appoint one supplier to represent the group. The agreement is not divided into lots since a division of the agreement will entail disproportionate costs due to subsequent contract administration. It is pointed out that this procedure is subject to Article 5k of Regulation (EU) no. 833/2014, as amended. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies etc. (reference is made to Article 5k, section 1 for the exact delimitation of the operators that are subject to the prohibition). DALO reserves the right at any time during the tender process to require tenderers to prove that they are not subject to the prohibition, for example by requiring documentation regarding the tenderers’ and any subcontractors’ place of establishment and ownership. Regarding "Conditions of performance": As part of the submission of offer, the tenderer must submit a self-declaration on compliance with labour clauses, CSR obligations and international sanctions, see section "Conditions of performance". In this connection, DALO reserves the right, at any time during the tender process, to let the tenderer rectify a missing or inadequately completed self-declaration. DALO has uploaded a template (available in the electronic tender system) which must be used as declaration. Where groups of entities (e.g. consortiums), including temporary joint ventures, participate jointly in the tender procedure, the self-declaration must be submitted separately for each of the participating entities. DALO reserves the right – but is not obliged – to use the remedies provided for in section 159(5) of the Danish Public Procurement Act if offers do not fulfill the requirements of the tender documents. It should be noted that irrespective of the wording of the requirements of the tender documents to the effect that information, declarations and documentation must be submitted, e.g. concerning a description of the deliverables put up for tender, DALO is not prevented from obtaining additional information, etc., pursuant to section 159(5), cf. section 159(6) of the Danish Public Procurement Act. Prior to decision on award of the agreement, DALO requires that the tenderer to whom DALO intends to award the agreement presents documentation for the information stated in the ESPD, see sections 151-155 of the Danish Public Procurement Act. The estimated value of the framework agreement is DKK 121.000.000,00, and the maximum value of the agreement is DKK 363.000.000,00. The reason for the difference between the stated values is the uncertainty regarding the final value of the agreement, see below. Hence, the estimated value constitutes DALO’s most qualified estimate of the value of the agreement at the present moment, while the maximum value constitutes the maximum value of purchases under the agreement in its duration. The uncertainty regarding the final value of the framework agreement is primarily caused by uncertainty regarding exactly how extensively the deliverables under the agreement will be distributed in the Danish Defence. If it is decided that the deliverables in question are to be used by more groups of personnel than what is actually decided for now, this will lead to a significantly larger expenditure under the agreement than what is expected at the moment.

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Criterion :
Type : Other
Criterion :
Type : Other
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Technical and professional ability

5.1.10 Award criteria

Criterion :
Type : Price
Name : Price
Description : Each offer will be graded for the Price sub-criterion, based on the prices stated in Appendix C.2 of the Agreement. DALO will calculate an Evaluation Price for each offer. The Evaluation Price will be calculated as the total price of the Evaluation number of all products and services at the prices stated in Appendix C.2 of the offer.
Weight (percentage, exact) : 60
Criterion :
Type : Quality
Name : Quality
Description : Each offer will be assigned a grade for each evaluation requirement (marked E in Appendix A, based on the degree to which the requirement is fulfilled.
Weight (percentage, exact) : 40
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

Languages in which the procurement documents are officially available : English
Deadline for requesting additional information : 26/09/2024 21:55 +00:00

5.1.12 Terms of procurement

Terms of the procedure :
Security clearance is required
Description : Any person taking part in the performance of the agreement must possess the appropriate personnel security clearance if the person is to perform duties under the agreement on any location belonging to the Danish Defence or on material belonging to the Danish Defence. This entails that such person must possess a personnel security clearance up to the level TIL TJENESTEBRUG issued by the Danish Defence Intelligence Service or a personnel security clearance at minimum a corresponding level issued by the national security authority responsible for defence security in a country which has a security agreement with Denmark. By “security agreement” is understood an agreement regarding mutual protection of classified information. Potential candidates may contact the national security authority responsible for defence security in the country where they are domiciled for information on whether a security agreement between Denmark and the country in question exists. It is the candidate’s own responsibility to obtain the personnel security clearances required to perform the agreement. Further information on the requirements regarding security clearances will be provided in the tender documents.
Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : English
Electronic catalogue : Not allowed
Variants : Not allowed
Tenderers may submit more than one tender : Not allowed
Deadline for receipt of tenders : 08/10/2024 11:00 +00:00
Deadline until which the tender must remain valid : 6 Month
Information about public opening :
Opening date : 08/10/2024 11:05 +00:00
Place : The offers will be opened in the electronic procurement system. Tenderers do not have the opportunity to be present when the offers are opened
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Conditions relating to the performance of the contract : The agreement contains requirements regarding labour clause, CSR requirements, international sanctions as well as provisions regarding risk assessment and follow-up actions; reference is made to the tender documents for further information. In the procurement of the agreement, the risk profile is assessed to the following follow-up action (risk level): B.
A non-disclosure agreement is required : no
Electronic invoicing : Required
Electronic ordering will be used : no
Electronic payment will be used : yes
Financial arrangement : Payment shall take place no later than 30 days after the supplier has forwarded a satisfactory invoice to DALO. The specific payment terms will be included in the tender documents.
Information about review deadlines : Pursuant to the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) on the Complaints Board for Public Procurement, the following time-limits for filing a complaint apply: 1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into an agreement. The deadline is calculated from the day after the day when the notice was published. 2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that an agreement based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision. 3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2). The complainant must inform the contracting entity of the complaint in writing not later than simultaneously with the lodging of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, see section 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal be granted suspensory effect, see section 12(1). The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.

5.1.15 Techniques

Framework agreement :
Framework agreement, without reopening of competition
Maximum number of participants : 1
Additional buyer coverage : The agreement is entered into by DALO. However, all divisions of the Danish Ministry of Defence, including all units of the Danish Defence subject to the command of the Chief of Defence, is entitled to use the agreement for procurement on the terms and conditions of the agreement.
Information about the dynamic purchasing system :
No dynamic purchase system
Electronic auction : no

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud
Organisation providing additional information about the procurement procedure : Danish Ministry of Defence Acquisition and Logistics Organisation
Organisation providing offline access to the procurement documents : Danish Ministry of Defence Acquisition and Logistics Organisation
Organisation providing more information on the review procedures : Konkurrence- og Forbrugerstyrelsen
Organisation receiving requests to participate : Danish Ministry of Defence Acquisition and Logistics Organisation
Organisation processing tenders : Danish Ministry of Defence Acquisition and Logistics Organisation
TED eSender : Mercell Holding ASA

8. Organisations

8.1 ORG-0001

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation
Registration number : ORG-16-28-71-80
Postal address : Lautrupbjerg 1-5
Town : Ballerup
Postcode : 2750
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Contact point : Esben Nygaard Jensen
Telephone : +4551240463
Internet address : https://www.fmi.dk
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation receiving requests to participate
Organisation processing tenders

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : ORG-37795526
Postal address : Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Vestjylland ( DK041 )
Country : Denmark
Contact point : Klagenævnet for Udbud
Telephone : +45 72405600
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : ORG-10294819
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Contact point : Konkurrence- og Forbrugerstyrelsen
Telephone : +45 41715000
Information exchange endpoint (URL) : https://www.kfst.dk
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0004

Official name : Mercell Holding ASA
Registration number : 980921565
Postal address : Askekroken 11
Town : Oslo
Postcode : 0277
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Contact point : eSender
Telephone : +47 21018800
Fax : +47 21018801
Internet address : http://mercell.com/
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : 737ed78d-f621-414b-b8f1-129bc8624201 - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 06/09/2024 08:18 +00:00
Notice dispatch date (eSender) : 06/09/2024 09:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00539258-2024
OJ S issue number : 175/2024
Publication date : 09/09/2024