Procurement of a Surface Based Air and Missile Defence (land) capability

The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) has conducted an accelerated procurement procedure for the acquisition of an interim Surface Based Air and Missile Defence (SBAMD) capability. The procedure has been carried out in parallel with a separate procurement process for a permanent SBAMD solution. With regard …

CPV: 35000000 Sigurnosna, vatrogasna policijska i obrambena oprema, 35300000 Oružje, streljivo i pripadajući dijelovi, 35622500 Taktičke protubalističke rakete, 35622700 Rakete zemlja-zrak, 35711000 Zapovjedni, nadzorni i komunikacijski sustavi, 35712000 Taktički sustavi za zapovijedanje, nadzor i komunikaciju, 35723000 Radar zračne obrane, 35730000 Elektronički bojni sustavi i protumjere, 35740000 Bojni simulatori, 50600000 Usluge popravaka i održavanja obrambenih i sigurnosnih sredstava, 73400000 Usluge istraživanje i razvoja sigurnosnih i obrambenih sredstava, 75220000 Obrambene usluge, 80600000 Usluge izobrazbe u području obrambenih i sigurnosnih sredstava
mjesto izvršenja:
Procurement of a Surface Based Air and Missile Defence (land) capability
registar:
Danish Ministry of Defence Acquisition and Logistics Organisation
nagradni broj:
4036934

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 : Procurement of a Surface Based Air and Missile Defence (land) capability
Description : The Danish Ministry of Defence Acquisition and Logistics Organisation (DALO) has conducted an accelerated procurement procedure for the acquisition of an interim Surface Based Air and Missile Defence (SBAMD) capability. The procedure has been carried out in parallel with a separate procurement process for a permanent SBAMD solution. With regard to the acquisition for a permanent SBAMD solution, reference is made to the Prior Information Notice published on Tenders Electronic Daily (TED) on 29 May 2024 (publication no. 317139-2024). The purpose of the procurement for an interim solution was to acquire one or more SBAMD systems, with delivery required no later than the end of 2026, in order to support the early establishment of a Danish air defence capability while pending the full implementation of the permanent 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 7 March 2025, DALO issued a Request for Proposal (RFP) to a broad group of potential suppliers. This group included all 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 partners. During the process, DALO received a total of ten proposals, all of which have been evaluated. A political-level decision on the procurement has been taken on the basis of the evaluation results. This decision reflects the proposals deemed most likely to provide the best possible combined operational effect within the shortest possible timeframe, while also taking into account overall economic considerations. As stated in the Direct Award Preannouncement published on 12 June 2025 on TED (publication no. 379099-2025), DALO intended to conclude contracts with three suppliers: MBDA France SAS (Lot 1), Diehl Defence (Lot 2) and the Norwegian Defence Materiel Agency (Lot 3). DALO has now entered into an agreement with Norwegian Defence Materiel Agency for leasing of the NASAMS Surface Based Air and Missile Defence system. This notice concerns only the conclusion of this contract for Lot 3.
Procedure identifier : 9b41d95a-8da8-4e02-aa5f-b02d5c3f39bf
Previous notice : 379099-2025
Internal identifier : 4036934
Type of procedure : Negotiated without prior call for competition

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 ): 35000000 Security, fire-fighting, police and defence equipment
Additional classification ( cpv ): 35622500 Tactical anti-ballistic missiles
Additional classification ( cpv ): 35622700 Surface-to-air missiles
Additional classification ( cpv ): 35711000 Command, control, communication systems
Additional classification ( cpv ): 35712000 Tactical command, control and communication systems
Additional classification ( cpv ): 35723000 Air defence radar
Additional classification ( cpv ): 35730000 Electronic warfare systems and counter measures
Additional classification ( cpv ): 35740000 Battle simulators
Additional classification ( cpv ): 50600000 Repair and maintenance services of security and defence materials
Additional classification ( cpv ): 73400000 Research and Development services on security and defence materials
Additional classification ( cpv ): 75220000 Defence services
Additional classification ( cpv ): 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

Additional information : This notice concerns only the conclusion of the contract for Lot 3 (the NASAMS Surface Based Air and Missile Defence system). Contracts for Lots 1 and 2 have not yet been concluded. The results for Lots 1 and 2 will be published in separate notices. On this basis, the total value of the contract indicated in the "Result details" reflects only the total estimated value of Lot 3 and only for the main lease period. The value of the renewals stated under "Renewals" is currently unknown and is not included in the value under "Result details” The value set out in "Tender details" is the evaluation-technical price of the successful offer and thus does not reflect the final value of the contract, nor is DALO obliged to make purchases corresponding to that value.
Legal basis :
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. Lot

5.1 Lot technical ID : LOT-0000

Title : Procurement of a Surface Based Air and Missile Defence system
Description : DALO has entered into an agreement with Norwegian Defence Materiel Agency for leasing of the NASAMS Surface Based Air and Missile Defence system.
Internal identifier : Norwegian Defence Materiel Agency

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 ): 35000000 Security, fire-fighting, police and defence equipment
Additional classification ( cpv ): 35622500 Tactical anti-ballistic missiles
Additional classification ( cpv ): 35622700 Surface-to-air missiles
Additional classification ( cpv ): 35711000 Command, control, communication systems
Additional classification ( cpv ): 35712000 Tactical command, control and communication systems
Additional classification ( cpv ): 35723000 Air defence radar
Additional classification ( cpv ): 35730000 Electronic warfare systems and counter measures
Additional classification ( cpv ): 35740000 Battle simulators
Additional classification ( cpv ): 50600000 Repair and maintenance services of security and defence materials
Additional classification ( cpv ): 73400000 Research and Development services on security and defence materials
Additional classification ( cpv ): 75220000 Defence services
Additional classification ( cpv ): 80600000 Training services in defence and security materials
Quantity : 1 piece

5.1.2 Place of performance

Country subdivision (NUTS) : Vest- og Sydsjælland ( DK022 )
Country : Denmark
Additional information :

5.1.3 Estimated duration

Start date : 02/07/2025
Duration end date : 02/01/2027

5.1.4 Renewal

Maximum renewals : 1
Other information about renewals : It is possible to extend the leasing period by 12 months.

5.1.6 General information

Procurement Project not financed with EU Funds.
Additional information : The quantity of the system specified in "Lots 1" is listed as one piece; however, the system comprises various components, fire units and similar elements.

5.1.7 Strategic procurement

5.1.10 Award criteria

Criterion :
Type : Quality
Description : Time of operational effect
Criterion :
Type : Quality
Description : Operational effect
Criterion :
Type : Cost
Description : Costs
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: Time of operational effect, operational effect and costs.

5.1.12 Terms of procurement

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.

5.1.15 Techniques

Framework agreement :
No framework agreement
Information about the dynamic purchasing system :
No dynamic purchase system

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

6. Results

Value of all contracts awarded in this notice : 12 000 000 Danish krone
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 on 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, Danish forces and interests, as well as to contribute to the collective defence of NATO territory and forces. A public tender procedure would not be capable of meeting the urgent, time-critical operational need currently facing the Danish Armed Forces. Moreover, the received proposals included a wide range of solution models – such as purchase, leasing, and deployment – which have only allowed for a limited degree of cross-comparison between the offers, without compromising the required speed of acquisition. 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 ldentifier : LOT-0000

At least one winner was chosen.

6.1.2 Information about winners

Winner :
Official name : Norwegian Defence Materiel Agency
Tender :
Tender identifier : Norwegian Defence Materiel Agency
Identifier of lot or group of lots : LOT-0000
Value of the tender : 12 000 000 Danish krone
The tender was ranked : no
The tender is a variant : no
Subcontracting : Not yet known
Contract information :
Identifier of the contract : Norwegian Defence Materiel Agency
Title : Procurement of the NASAMS Surface Based Air and Missile Defence system.
Date on which the winner was chosen : 10/06/2025
Date of the conclusion of the contract : 02/07/2025
Organisation signing the contract : Danish Ministry of Defence Acquisition and Logistics Organisation

6.1.4 Statistical information

Received tenders or requests to participate :
Type of received submissions : Tenders
Number of tenders or requests to participate received : 10
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 : 6
Type of received submissions : Tenders submitted electronically
Number of tenders or requests to participate received : 10

8. Organisations

8.1 ORG-0001

Official name : Danish Ministry of Defence Acquisition and Logistics Organisation
Registration number : 16287180
Department : Danish Ministry of Defence Acquisition and Logistics Organisation
Postal address : Lautrupbjerg 1
Town : Ballerup
Postcode : 2750
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Contact point : Michael Tarp Hansen
Telephone : +45 7281 4000
Roles of this organisation :
Buyer
Organisation signing the contract

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : 37795526
Postal address : Nævnenes Hus, Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Vestjylland ( DK041 )
Country : Denmark
Telephone : +45 72405600
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) : Københavns omegn ( DK012 )
Country : Denmark
Telephone : +45 41715000
Internet address : http://www.kfst.dk
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0004

Official name : Norwegian Defence Materiel Agency
Postal address : Fetveien 80-84
Town : Kjeller
Postcode : 2007
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Telephone : +47 23 09 30 03
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
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 : b4960bd1-b594-4da8-896f-cb0056c278ef - 01
Form type : Result
Notice type : Contract or concession award notice – standard regime
Notice dispatch date : 10/07/2025 06:45 +00:00
Notice dispatch date (eSender) : 10/07/2025 08:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00452179-2025
OJ S issue number : 131/2025
Publication date : 11/07/2025