Consultancy Agreement Regarding Integration of ATCN

Information

Negotiated procedure
6/8/2018 9:35 AM (GMT+02:00)
7/9/2018 9:00 AM

Buyer

Forsvarsministeriets Materiel- og Indkøbsstyrelse Forsvarsministeriets Materiel- og Indkøbsstyrelse
Kammeradvokaten Kammeradvokaten
KAPS - Daniel Idorn Mortensen
Lautrupbjerg 1
2750 Ballerup
Denmark
16287180

Closing date has passed.

Short description

The Danish Defence acquisition and logistics organization (DALO) is implementing a Battle management system (BMS) in the Army’s vehicles. The implementation includes fitting Army tactical communications network (ATCN) into a range of vehicles and other platforms operated by the Danish Army. This tender pertains to a consultancy framework agreement regarding engineering and technical support for implementing the ATCN in the form of gathering end-user experiences, evaluating methods of integration (including estimating the necessary cable work), coding and implementation of software, drawing cables, testing solution viability, and documenting the work performed in a format which can be used for both maintenance and training purposes.

DALO requires, under the framework agreement, 2 consultants to be available for the project 37 hours per week, for the entire duration of the Framework Agreement. DALO decides the amount of working hours in each week for both consultants. Candidates should note that services provided will be settled on the basis of time spent. The consultants are guaranteed payment for minimum 37 hours per week on average in a year, as specified in the framework agreement.

Candidates should note that the completion of the work described above requires the winning tenderer to enter into a three-party NDA (Non-Disclosure Agreement) between the winning tenderer, DALO, and Systematic. The three-party NDA is available via the permalink stated in section I.1) above.

Further, Candidates should note that for the purpose of delivering Services under this Agreement, the winning tenderer shall enter into a license agreement with Systematic A/S concerning the access and use of the software products ‘Sitaware Headquarters’, ‘Sitaware Edge’ ‘Sitaware Frontline’, and ‘Sitaware tactical communications’ as developed and owned by Systematic A/S. Candidates should further note that the project is currently ongoing within DALO, and consultants who have not previously been involved with the project are therefore expected to go through a transition period of maximum 3 months (i.e. maximum 63 working days) in order to attain the necessary background knowledge and project specific technical capacities. Candidates should note that consultants will not be remunerated in the transition period, and expenses regarding diets and transportation will not be reimbursed in the transition period. The framework agreement will contain an opt-out clause in case DALO after the transition period deems that the consultants are unable to work at the required standard while unsupervised.

The work performed by the consultants entails giving advice on the best possible integration of different existing products and software within the Danish Defence into the vehicles and platforms as well as strategic advisory services regarding the future development of products, software, and the integration solution itself. Since the consultants in this capacity will be trusted advisers to the Danish Defence with respect to the design of future procurements to the communication systems, vehicles etc., no consultant may be in a position throughout the duration of this framework agreement to recommend or include products or software packages in any recommendation, in which the consultant may have vested interests. Furthermore, DALO does not consider it feasible for DALO to identify situations in which DALO must seek advice from alternative sources in order to address a potential conflict of interest for the consultants. Therefore, in order to mitigate the risk of conflicts of interests between DALO and the winning tenderer, DALO has deemed it necessary to consider only candidates who have not delivered the products, which are currently subject to the integration work and advisory services. The Framework Agreement will equally contain regulation, which restricts the successful tenderer from being in a similar conflict of interest concerning future deliveries of products and software to be integrated in the vehicles and plat-forms. This limitation will be applicable throughout the duration of this framework agreement.

Candidates should note that they must hold or have submitted an application for a facility security clearance at the level of NATO – Restricted (or Danish level “til tjenestebrug”) or higher at the time of expiry of the deadline for pre-qualification application, cf. clause III.1.5) of this Contract Notice. In case a candidate has not obtained or applied for a personal level security within the time of expiry of the deadline for pre-qualification, the candidate is excluded from participation. In case a candidate has submitted an application before the time of expiry of the deadline for pre-qualification application, and it later turns out that the application is not approved, the candidate is excluded from participation. Also, key personnel must have obtained a personal level security clearance or have submitted an application for a personal level security clearance no later than the time of expiry of the dead-line for tender. In case key personnel have not obtained or applied for a personal level security within the time of expiry of the deadline for tender, it will result in a non-compliant offer, which must be rejected. In case an application is submitted before the time of expiry of the deadline for tender, and it later turns out that the application is not approved, it will result in a non-compliant offer, which must be rejected. Please also see clause VI.3) of this Contract Notice regarding personal level security clearances.

It should be noted that the Framework agreement contains a minimum requirement pertaining to Danish and English language competency of the consultants, cf. Appendix A.

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