Supplies - 232517-2017

17/06/2017    S115    - - Supplies - Voluntary ex ante transparency notice - Contract award without prior publication 

Denmark-Ballerup: Command, control, communication and computer systems

2017/S 115-232517

Voluntary ex ante transparency notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name and addresses
Danish Defence Acquisition and Logistics Organization (DALO)
Lautrupbjerg 1-5
Ballerup
2750
Denmark
Contact person: Theila Sandra Vanggaard
Telephone: +45 72575999
E-mail: FMI-LA-FK002@mil.dk
NUTS code: DK

Internet address(es):

Main address: www.fmi.dk

I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Defence

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Framework Agreement regarding parts and services for tactical radios

II.1.2)Main CPV code
35710000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

This notice does not concern the specific award of the framework Agreement regarding parts and services for tactical radios, as this has already been conducted, cf. also section VI.3) Additional information. Hence, this notice is published for information purposes only.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 251 000 000.00 DKK
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: DK
II.2.4)Description of the procurement:

This notice does not concern the specific award of the framework Agreement regarding parts and services for tactical radios, as this has already been conducted, cf. also section VI.3) Additional information. Hence, this notice is published for information purposes only.

II.2.5)Award criteria
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

This notice shall be seen as a supplement to the voluntary ex ante transparency notice no. 2015/S 029-048883 by which DALO published that this framework agreement is question should be awarded to Harris Corporation RF Communications Division. Hence, this framework agreement has already been awarded which were the subject for the notice 2015/S 029-048883. The reason for this is that DALO deemed - and still deems - that, for technical reasons and for reasons connected with the protection of exclusive rights, the framework agreement may be awarded only to this particular supplier in accordance with article 28, litra e of directive 2009/81/EC. Consequently, this (supplementary) notice is being published for information purposes only, as DALO by document nr. 73 of 4.5.2017 (expressed by the date staed in V.2.1) has been assigned additional funds reserved for this already awarded framework agreement, which - together with a revised operational need for purchases under the framework agreement - has the (only) consequence that the specific framework agreement now is by DALO deemed to have a value of app. DKK 251.000.000. This new value does only concern spare parts and services already specified under the framework agreement and hence, shall not be seen as an expansion of the products and services which can be purchased under the framework agreement and does not in any way conflict with the conditions for awarding the framework agreement in the first place in accordance with article 28, litra e of the directive 2009/81/EC.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2015/S 029-048883

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
04/05/2017
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Harris Corporation RF Communications Division
1680 University Ave
Rochester
NY 14610
United States
Telephone: +1 585-244-5830
NUTS code: 00
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 251 000 000.00 DKK
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

This notice shall be seen as a supplement to the voluntary ex ante transparency notice no. 2015/S 029-048883 by which DALO published that this framework agreement is question should be awarded to Harris Corporation RF Communications Division. Hence, this framework agreement has already been awarded which were the subject for the notice 2015/S 029-048883. The reason for this is that DALO deemed - and still deems - that, for technical reasons and for reasons connected with the protection of exclusive rights, the framework agreement may be awarded only to this particular supplier in accordance with article 28, litra e of directive 2009/81/EC. Consequently, this (supplementary) notice is being published for information purposes only, as DALO by document nr. 73 of 4.5.2017 (expressed by the date staed in V.2.1) has been assigned additional funds reserved for this already awarded framework agreement, which - together with a revised operational need for purchases under the framework agreement - has the (only) consequence that the specific framework agreement now is by DALO deemed to have a value of app. 251 000 000 DKK. This new value does only concern spare parts and services already specified under the framework agreement and hence, shall not be seen as an expansion of the products and services which can be purchased under the framework agreement and does not in any way conflict with the conditions for awarding the framework agreement in the first place in accordance with article 28, litra e of the directive 2009/81/EC.

The next purchase order under this contract in question 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 2.6.2016 on the Complaints

Board for Public Procurement (available at www.retsinformation.dk ) Procurement Rules § 4, (1), no. 2. Time limit for lodging of complaint please see Danish Consolidation Act no. 593 of 2.6.2016 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.

VI.4)Procedures for review
VI.4.1)Review body
Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 35291000
E-mail: klfu@naevneneshus.dk

Internet address:https://erhvervsstyrelsen.dk/klagevejledning-0

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
Konkurrence- og forbrugerstyrelsen
Carl Jacobsens vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

Internet address:www.kfst.dk

VI.5)Date of dispatch of this notice:
15/06/2017