Procurement of Surface Based Air and Missile Defence capability

1.1.

Buyer

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation

2.1.

Procedure

Title : Procurement of Surface Based Air and Missile Defence capability

Description : DALO has entered into an agreement with Kongsberg Defence & Aerospace AS for the procurement of NASAMS. The quantity of the system is listed as four piece; however, the system comprises of various components. The duration is indicated as "unlimited" in the section "Duration" because the contract will remain in effect until all deliveries have been completed.

Procedure identifier : ee916e7b-7679-430e-b0b0-92adf7cbc0cd

Previous notice : 606235-2025

Internal identifier : 50a66904-d167-4486-8655-7c1fe817f0a8

Type of procedure : Negotiated without prior call for competition

Main features of the procedure : The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) has conducted a procurement procedure for the acquisition of a Surface Based Air and Missile Defence (SBAMD) capability. Reference is made to the Prior Information Notice published on Tenders Electronic Daily (TED) the 29 May 2024 (publication no. 317139-2024) and the Direct Award Preannouncement published on TED the 19 September 2025 (publication no. 606235-2025). The procedure has been carried out in parallel with a separate procurement process for an interim SBAMD solution. To safeguard Denmark’s essential security interests, the procedure has been conducted pursuant to Article 346(1)(b) of the Treaty on the Functioning of the European Union (TFEU) and is therefore not subject to the general EU public procurement rules. On 12 March 2025, DALO issued a Request for Proposal (RFP) to a broad group of potential suppliers. This group included commercial suppliers identified through the market analysis conducted in connection with the procurement for a permanent solution, as well as a number of potential government-to-government (GtG) partners. During the process, DALO received a total of six proposals, all of which have been evaluated. A political-level decision on the procurement has been taken on the basis of the evaluation results. The decision has been made based on an overall assessment taking into account military, strategic and economic considerations. As stated in the Direct Award Preannouncement published on TED the 19 September 2025 (publication no. 606235-2025), DALO intended to conclude contracts with four suppliers MBDA France SAS through Direction générale de l'Armement (DGA), Diehl Defence GmbH & Co. KG through European Sky Shield Initiative (ESSI), Kongsberg Defence & Aerospace AS and Eurosam GIE through Organisation for Joint Armament Cooperation (OCCAR). This notice concerns only the conclusion of the contract with Kongsberg Defence & Aerospace AS.

2.1.1.

Purpose

Main nature of the contract : Supplies

Additional nature of the contract : Services

Main classification ( cpv ): 35300000 Weapons, ammunition and associated parts

Additional classification ( cpv ): 35622500 Tactical anti-ballistic missiles, 35622700 Surface-to-air missiles, 35711000 Command, control, communication systems, 35712000 Tactical command, control and communication systems, 35723000 Air defence radar, 35730000 Electronic warfare systems and counter measures, 35740000 Battle simulators, 50600000 Repair and maintenance services of security and defence materials, 73400000 Research and Development services on security and defence materials, 75220000 Defence services, 80600000 Training services in defence and security materials

2.1.2.

Place of performance

Country subdivision (NUTS) : Vest- og Sydsjælland ( DK022 )

Country : Denmark

2.1.4.

General information

Legal basis :

Directive 2009/81/EC

Directive 2009/81/EC - Article 346 of the Treaty on the Functioning of the European Union (TFEU) - To protect Denmark’s essential security interests, the procurement is conducted under Article 346(1)(b), of the Treaty on the Functioning of the European Union (TFEU), cf. Article 2 of Directive 2009/81/EC.

5.1.

Lot : LOT-0000

Title : Procurement of Surface Based Air and Missile Defence capability

Description : DALO has entered into an agreement with Kongsberg Defence & Aerospace AS for the procurement of NASAMS. The quantity of the system is listed as four piece; however, the system comprises of various components. The duration is indicated as "unlimited" in the section "Duration" because the contract will remain in effect until all deliveries have been completed.

Internal identifier : 545bbeb6-2ab4-447b-803b-85f8e864f62e

5.1.1.

Purpose

Main nature of the contract : Supplies

Additional nature of the contract : Services

Main classification ( cpv ): 35300000 Weapons, ammunition and associated parts

Additional classification ( cpv ): 35622500 Tactical anti-ballistic missiles, 35622700 Surface-to-air missiles, 35711000 Command, control, communication systems, 35712000 Tactical command, control and communication systems, 35723000 Air defence radar, 35730000 Electronic warfare systems and counter measures, 35740000 Battle simulators, 50600000 Repair and maintenance services of security and defence materials, 73400000 Research and Development services on security and defence materials, 75220000 Defence services, 80600000 Training services in defence and security materials

Quantity : 4

Options :

Description of the options : One Additional Training Package One NASAMS Command Post (NCP) & Tactical Control Center (TCC) One NASAMS Classroom Trainer One NASAMS Customer Support Program Two Maintenance Shelter System

5.1.2.

Place of performance

Country subdivision (NUTS) : Vest- og Sydsjælland ( DK022 )

Country : Denmark

5.1.3.

Estimated duration

Other duration : Unlimited

5.1.6.

General information

Procurement Project not financed with EU Funds.

Information about previous notices :

Identifier of the previous notice : 317139-2024

5.1.10.

Award criteria

Criterion :

Type: Quality

Name : Strategic considerations

Description : The tenders have been evaluated based on the following three evaluation criteria without weighting: Strategic considerations, Military considerations and cost.

Criterion :

Type: Quality

Name : Military considerations

Description : The tenders have been evaluated based on the following three evaluation criteria without weighting: Strategic considerations, Military considerations and cost.

Criterion :

Type: Cost

Name : Cost

Description : The tenders have been evaluated based on the following three evaluation criteria without weighting: Strategic considerations, Military considerations and cost.

Description of the method to be used if weighting cannot be expressed by criteria : The tenders have been evaluated based on the following three evaluation criteria without weighting: Strategic considerations, Military considerations and cost.

5.1.15.

Techniques

Framework agreement :

No framework 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

Information about review deadlines : DALO has followed the procedure of section 4 of the Danish Consolidation (Act no. 593 of 2 June 2016, as amended) and published prior to entering the contract. Pursuant to section 7(3) of the Act on the Complaints Board for Public Procurement, in the cases where a contracting entity has followed the procedure in section 4, a complaint that the contracting entity has concluded a contract without a prior publication of a contract notice in the Official Journal of the European Union must be lodged with the Complaints Board for Public Procurement within 30 calendar days calculated from the date after the date when the contracting entity has published a contract award notice in the Official Journal of the European Union, provided that the notice includes the reasons for the contracting entity’s decision to award the contract without a prior publication of a contract notice in the Official Journal of the European Union. 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 period of 10 calendar days stated in section 4(1), paragraph (2). In cases where the complaint was not lodged within the period mentioned, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1). The Complaints Board for Public Procurement’s own guidance note concerning complaints is available on the Complaints Boards website.

Organisation providing more information on the review procedures : Konkurrence- og Forbrugerstyrelsen

Organisation signing the contract : Danish Ministry of Defence Acquisition and Logistics Organisation

Value of all contracts awarded in this notice : 539 981 084,00 EUR

Direct award :

Justification for direct award : Defence-specific and security-specific exclusions

Other justification : It is the assessment of the Danish Defence Acquisition and Logistics Organisation (DALO) that the contract can be awarded – without a tender procedure – on the basis of essential security interests, pursuant to Article 346(b) of the Treaty of the Functioning of the European Union (TFEU). The fact that the contract may be awarded directly under TFEU Article 346(b) is particularly due to the fact that the components of the Surface Based Air and Missile Defence system fall within the scope of the 1958 List. Furthermore, the Commission’s Interpretative Communication of 7 December 2006 clarifies that the provision may also cover the procurement of services and works directly related to the goods listed in the 1958 List. The system safeguards Denmark’s essential security interests, as the Surface Based Air and Missile Defence system enhances the Danish Armed Forces’ capability to defend Danish territory and forces. It is further assessed that competition in the civilian market will not be adversely affected, as the procurement of the Surface Based Air and Missile Defence system has been organised in a manner that ensures that ensures the highest possible degree of openness and competition regarding the solution. Accordingly, DALO considers that the procurement could be carried out pursuant to Article 346(b) TFEU.

6.1.

Result lot identifier : LOT-0000

Winner selection status : At least one winner was chosen.

6.1.2.

Information about winners

Winner :

Official name : Kongsberg Defence & Aerospace AS

Tender :

Tender identifier : Kongsberg Defence & Aerospace AS

Identifier of lot or group of lots : LOT-0000

Value of the tender : 539 981 084,00 EUR

The tender was ranked : no

The tender is a variant : no

Subcontracting : Not yet known

Contract information :

Identifier of the contract : Kongsberg Defence & Aerospace AS

Title : Procurement of NASAMS.

Date on which the winner was chosen : 11/09/2025

Date of the conclusion of the contract : 27/11/2025

Information about European Union funds :

Organisation signing the contract : Danish Ministry of Defence Acquisition and Logistics Organisation

6.1.4.

Statistical information

Summary of the review requests the buyer received :

Number of complainants : 0

Received tenders or requests to participate :

Type of received submissions : Tenders

Number of tenders or requests to participate received : 6

Type of received submissions : Tenders from micro, small or medium tenderers

Number of tenders or requests to participate received : 0

Type of received submissions : Tenders from tenderers registered in other European Economic Area countries than the country of the buyer

Number of tenders or requests to participate received : 4

Type of received submissions : Tenders from tenders registered in countries outside of the European Economic Area

Number of tenders or requests to participate received : 2

Type of received submissions : Tenders submitted electronically

Number of tenders or requests to participate received : 6

8.1.

ORG-0001

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation

Registration number : 16-28-71-80

Postal address : Lautrupbjerg 1-5

Town : Ballerup

Postcode : 2750

Country subdivision (NUTS) : Københavns omegn ( DK012 )

Country : Denmark

Contact point : Simone Møller Silberg

Email : FMI-KTP-SBAMD@mil.dk

Telephone : +4540389289

Internet address : https://www.fmi.dk

Roles of this organisation :

Buyer

Organisation signing the contract

8.1.

ORG-0002

Official name : Klagenævnet for Udbud

Registration number : 37795526

Postal address : Toldboden 2

Town : Viborg

Postcode : 8800

Country subdivision (NUTS) : Vestjylland ( DK041 )

Country : Denmark

Contact point : Klagenævnet for Udbud

Email : klfu@naevneneshus.dk

Telephone : +45 72405600

Internet address : https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

Roles of this organisation :

Review organisation

8.1.

ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen

Registration number : 10294819

Postal address : Carl Jacobsens Vej 35

Town : Valby

Postcode : 2500

Country subdivision (NUTS) : Byen København ( DK011 )

Country : Denmark

Contact point : Konkurrence- og Forbrugerstyrelsen

Email : kfst@kfst.dk

Telephone : +45 41715000

Internet address : https://www.kfst.dk

Roles of this organisation :

Organisation providing more information on the review procedures

8.1.

ORG-0004

Official name : Kongsberg Defence & Aerospace AS

Registration number : 978 614 582

Postal address : Kirkegårdsveien 45

Town : Kongsberg

Postcode : 3616

Country subdivision (NUTS) : Buskerud ( NO085 )

Country : Norway

Roles of this organisation :

Tenderer

Winner of these lots : LOT-0000

8.1.

ORG-0005

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

Email : publication@mercell.com

Telephone : +47 21018800

Fax : +47 21018801

Internet address : http://mercell.com/

Roles of this organisation :

TED eSender

Notice identifier/version : 15dff5f6-ad50-4b52-8910-929557ef6160 - 01

Form type : Result

Notice type : Contract or concession award notice – standard regime

Notice subtype : 31

Notice dispatch date : 09/12/2025 09:51:18 (UTC+00:00) Western European Time, GMT

Notice dispatch date (eSender) : 09/12/2025 15:55:22 (UTC+00:00) Western European Time, GMT

Languages in which this notice is officially available : English

Notice publication number : 824674-2025

OJ S issue number : 239/2025

Publication date : 11/12/2025

Fakta om udbudet

Procurement of Surface Based Air and Missile Defence capability

Danish Ministry of Defence Acquisition and Logistics Organisation