Internet address(es):

Main address: www.fmi.dk

Acquisition of Secure Personal Radios (SPR) and subsequent sustainment.

The framework agreement concerns the acquisition of Secure Personal Radios (SPR) and the subsequent sustainment of the SPRs. The sustainment of the SPR's will include purchase of spare parts and services related to the operation of the SPR. The SPRs are used for audio communication and data exchange between the soldiers and the soldiers and the vehicles. The duration of the framework agreement is 7 (seven) years. The Danish Defence has an existing radio network of SPRs consisting of around 6 000 man portable radios and more than 600 SPRs installed in vehicles. The SPRs currently owned by DALO were purchased under a framework agreement with Harris which expired in October 2016. Should DALO need to increase the amount of SPRs in their position, DALO intend to acquire more in relevant numbers. The SPR's to be bought under this framework agreement shall be integrated in the existing SPR network.

The procurement concerns the delivery of man portable SPRs and SPRs to be installed in vehicles as well as the subsequent sustainment of the SPRs currently owned by DALO and the SPRs to be acquired under this framework agreement. For further description please see Section II.1.4).

The value stated in this notice is an estimate as the exact value of the framework agreement is not known.

The framework agreement is awarded on the basis of Directive 2009/81/EC of the European Parliament and of The Council article 28, (1), (e) due to the fact that the system can only be provided and fully maintained and tested by Harris. The SPRs acquired under this framework agreement shall be integrated with the existing system (the SPR system) also provided by Harris. Associated audio solutions are not part of the framework agreement. Harris has the exclusive rights for the operating software for the SPRs. Furthermore, the SPRs currently owned by DALO can only communicate with other SPRs, whereas they cannot communicate with other radios provided by another supplier. Entering into a contract with another supplier will result in DALO having to substitute the large amount of SPRs currently owned by DALO with entirely new radios. Further the existing system has been tested with other equipment placed inside the vehicle to secure full integration with these systems and the vehicles physical area has been adjusted to the conform to the existing SPR system. Entering into a contract with another supplier will therefore require the performance of new tests and an expensive readjustment of the vehicles physical area. The economic consequences of a change in supplier will be disproportionately expensive and the associated expense will far surpass the value of this framework agreement. DALO determines that an award of a contract without prior publication of a contract notice in the Official Journal of the European Union to be lawful.

Internet address:https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

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), the following time limits for filing a complaint apply:

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:

1) 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);

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, provided that the notification included a short account of the relevant reasons for the decision;

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Danish Act on Public Procurement (Act No 1564 of 15.12.2015 — available at: www.retsinformation.dk).

5) 30 calender days after the contracting authority has published a contract award notice in the Official Journal of the European Union if the contracting authority has followed the procedure in § 4 in the Danish Act on The Complaints Board for Public Procurement.

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 standstill period, cf. § 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 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).

Internet address:www.kfst.dk