Fakta om udbudet
Repair and maintenance services of firearms and ammunition
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
Danish Defence Acquisition and Logistics Organization (DALO)
Lautrupbjerg 1-5
2750 Ballerup
Denmark
E-mail: liwe@kammeradvokaten.dk
Internet address(es):
General address of the contracting authority/entity: www.fmi.dk
Section II: Object of the contract
The framework agreement expires on 31 December 2017. DALO intends to extend the framework agreement with BAE for a period of 4 years for the amount of approximately 10.000.000 DKK. DALO intends to award the agreement to BAE in accordance with article 28(1)(e) of Directive 2009/81/EC, cf. as also described in section IV.1.1) below.
The framework agreement covers the delivery of spare parts and services, such as annual support, technical assistance, and training related to the equipment in question.
50620000, 35300000
Section IV: Procedure
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with art. 28 of Directive 2009/81/EC
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis: no
Extreme urgency brought about by events unforeseeable by the contracting authority/entity and in accordance with the strict conditions stated in the relevant Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical
The contract concerns research and development services other than those referred to in Article 13 of Directive 2009/81/EC: no
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
For supplies quoted and purchased on a commodity market: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
Contract related to the provision of air and maritime transport services for the armed forces of a Member State deployed or to be deployed abroad, under the strict conditions stated in the Directive: no
DALO intends to extend the existing framework agreement regarding the acquisition of Follow-On Sustainment to Royal Danish MK 45 Caliber Mod. 04 Naval Gun System, including service, maintenance and spare parts with BAE for a period of 4 years.
The framework agreement covers the delivery of spare parts and services, such as annual support, technical assistance, and training related to the equipment in question. Due to the fact that BAE is the only supplier certified to maintain the MK 45 Caliber Mod. 04 Naval Gun System and the only undertaking capable of delivering certified spare parts to the gun system, while only BAE has the necessary system documentation, the contract cannot be fulfilled by any other supplier for the reasons of protection of exclusive rights.
Furthermore, no other supplier can perform the maintenance etc. due to the absence of competition for technical reasons as only BAE has the specific and sufficient know-how regarding the equipment. Hence, due to the nature of the acquisition in question and the circumstances related hereto, it is DALO assessment that, for technical reasons and reasons connected with the protection of exclusive rights, the framework agreement can only be awarded to BAE and hence, DALO intents to award the agreement to BAE in accordance with article 28(1)(e) of Directive 2009/81/EC.
Section V: Award of contract
BAE Systems Land & Armaments L.P., U.S. Combat Systems
4800 East River Road Minneapolis
55421-1498 Minnesota
United States
Internet address: www.baesystems.com
Section VI: Complementary information
Regarding IV.2.1) Please note that the contract will be awarded without prior publication of a contract notice and hence, the conduction of a tender procedure. Consequently, no award criteria has been relevant for the award of the contract.
Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Nævnenes Hus, Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 35291000
Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0
Precise information on deadline(s) for lodging appeals The contract will not be entered into earlier than 10 days counted from the day after the publication of this Voluntary ex ante transparency notice cf. Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) Procurement Rules § 4, (1), no. 2. Timelimit for lodging of complaint please see Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) § 7, (3). The complainant must inform the contracting authority of the appeal in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement.
Konkurrence- og forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: www.kfst.dk