Supplies - 232524-2017

17/06/2017    S115    - - Supplies - Contract award notice - Negotiated procedure 

Denmark-Ballerup: Armoured military vehicles

2017/S 115-232524

Contract award notice for contracts in the field of defence and security

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

The Danish Defence and Logistic Organization (DALO)
Lautrupbjerg 1-5
For the attention of: Tanja Goth-Eriksen
2750 Ballerup
Denmark
Telephone: +45 72814273
E-mail: fmi-ja-s113@mil.dk

Internet address(es):

General address of the contracting authority/entity: www.fmi.dk

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract
Armoured Patrol Vehicles (APV)
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: Main site or location of works, place of delivery or of performance: Hærens Kamp- og Ildstøttecenter (Army Combat and Fire Support Centre), Oksbøllejren, Grærup Havvej 2, 6840 Oksbøl, Denmark.

NUTS code DK0

II.1.3)Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4)Short description of the contract or purchase(s):
This contract award notice concerns DALO's award of framework agreements for the procurement of an 4 x 4 Armoured Patrol Vehicle (APV) system.
In addition to the APVs, the framework agreements will cover initial spare parts and documentation as well as sustainment services, training and additional spare parts for the APVs procured.
The tender procedure has been based on two agreements/contracts. DALO has on the basis of the tender procedure awarded 1) a framework agreement concerning the acquisition of the APVs, initial spare parts and documentation (the ‘Acquisition Contract’) and 2) a framework agreement concerning certain services and additional spare parts related to the APVs (the ‘Sustainment Contract’). The Acquisition Contract and Sustainment Contract are to be seen as a whole and have been awarded to the same supplier.
II.1.5)Common procurement vocabulary (CPV)

35410000, 35412000, 35412400, 35412500, 35420000, 44510000, 50630000, 73423000, 73433000, 79131000, 80630000

II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 1 500 000 000 DKK
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Negotiated with publication of a contract notice
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of
1. Cost . Weighting 40
2. Performance . Weighting 40
3. Future Development Potential and Quality Assurance. Weighting 20
IV.2.2)Information about electronic auction
An electronic auction has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority
IV.3.2)Previous publication(s) concerning the same contract

Contract notice

Notice number in the OJEU: 2015/S 234-425025 of 3.12.2015

Section V: Award of contract

V.1)Date of contract award decision:
4.5.2017
V.2)Information about offers
Number of offers received: 2
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

General Dynamics European Land Systems-Mowag GmbH
Unterseestraße 65
8280 Kreuzlingen
Switzerland

V.4)Information on value of contract
Initial estimated total value of the contract:
Value: 1 500 000 000 DKK
Excluding VAT
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:
As described in section II.1.4) DALO has awarded 1) a framework agreement concerning the acquisition of the vehicles, initial spare parts and documentation (the ‘Acquisition Contract’) and 2) a framework agreement concerning certain services and additional spare parts related to the vehicles (the ‘Sustainment Contract’).
The length of the Acquisition Contract will not exceed 7 years.
With regards to the Sustainment Contract, this framework agreement will have a duration of 15 years with a possibility for renewal twice, each for an additional 5 years (15 + 5 + 5). DALO has determined that such a duration is justified based on the following grounds in particular:
The APVs are expected to have a life span of approximately 15 years (and potentially even longer). DALO therefore has a need for sustainment that exceeds 7 years.
Due to the numbers of APVs to be delivered — as well as the expected development costs associated with the requirements concerning the level of APV protection — both the Acquisition Contract and the Sustainment Contract represents a very large investment for the supplier. This creates the need for a longer write-off period than usual which also motivates a contract period exceeding 7 years.
Furthermore, a great deal of knowledge and experience will be gathered throughout the contract period, in particular in relation to continued developments concerning the APV. The need to minimize the technical and logistical difficulties that a change of supplier will result in also supports the need for a contract period longer than 7 years.
In addition, only spare parts for the APVs that are deemed by DALO to be critical for the use of the APVs in terms of weapon-, road- and personnel/material safety will be included in the full duration of the Sustainment Contract. All other spare parts will only be included in the Sustainment Contract for a period of 7 years after which they will be procured via a new tender procedure.
The contracts were signed 15.06.2017.
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2,
8800 Viborg
Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291095
Internet address: www.erhvervsstyrelsen.dk/klagenaevnet-for-udbud

VI.3.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: Precise information on deadline(s) for lodging appeals: Pursuant to Danish Act on The Complaints Board for Public Procurement (act no. 492 of 12.5.2010 with subsequent amendments — available at www.retsinformation.dk ), the following time limits for filing a complaint apply: Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 171(2) of of the Danish act on Public Procurement (act no. 1564 of 15.12.2015 — available at www.retsinformation.dk ) or § 7(1) of the Danish Act on The Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision. Other complaints must 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 candidates/tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the Act on Public Procurement, 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 Act on Public Procurement. 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.3.1 The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in section VI.3.1.
VI.3.3)Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41711500
Internet address: www.kfst.dk

VI.4)Date of dispatch of this notice:
15.6.2017