Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/0f970df1-428e-4931-a166-fbcb4b0e5484/homepage

Address of the buyer profile: www.fmi.dk

Annulment — Acquisition of Parachutist Oxygen Systems.

The reason for the termination is that DALO has become aware that a mandatory requirement has an inappropriate and unwanted effect on the overall competition.

The Oxygen System is the overall description of the solution sought after by DALO. More specifically, to fulfil the requirements stated in the tendering material, the tender must be able to deliver:

— Oxygen Masks,

— Oxygen Bottles (pre-breathing and bailout),

— Oxygen Console(s),

— Oxygen Booster Pump(s),

— Test Equipment (used for verification of operative performance of the Oxygen System).

A part of the evaluation of the offers consist of a user test scheduled to take place at the premises of SOKOM in Aalborg, Denmark, cf. more specifically in the Instructions to Tenderes part 7.3. It is important that the offered Oxygen Systems are ready for testing at the given dates.

DALO expects to make an initial purchases of 7 000 000-8 000 000 DKK after commencement. As part of the first delivery of the Oxygen System, the tender must enable a user course in order to train the parachutists and jump-masters to fully use the oxygen systems. The tender must also in relation to the first delivery enable a technical course that enables the engineers and technicians of the Danish Defence Workshop (FH) to maintain and service the Oxygen System. Please see Appendix A for further details of the education.

The tenderer must, upon request, be able to provide service to the end-users and deliver spare parts and subcomponents to these. The services referred to are both to be performed at the places of the Danish Defence Workshop and at the premises of the Supplier. It is however important to note that it is an optional use of the Supplier by DALO, as DALO also has an in-house capacity performing the services.

DALO will be initiating a new tender for the parachutist oxygen systems immediately with the only changes being the mandatory requirement and a few dates which will be changed according to the new deadlines. We hope that all tenderers will take the opportunity to participate in a new tender procedure.

Parachutist Oxygen System

DALO has stated that 99 tenders has been received even though 0 tenders has been received at this date (18.10.2017). The number 99 is put in the notice in order to make the system correspond with Tenders Electronic Daily (TED).

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

Internet address:www.kfst.dk

Pursuant to Section 3 of the Danish Consolidation Act No 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, must in accordance with § 7(2) of the Act on The Complaints Board for Public Procurement 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 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.

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.

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.

Internet address:www.kfst.dk