Services - 118656-2018

17/03/2018    S54

Poland-Warsaw: Framework Contract for Aerial Surveillance Services Assets and Expert Support Lot 1

2018/S 054-118656

Contract award notice

Results of the procurement procedure

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Frontex - European Border and Coast Guard Agency
Postal address: Plac Europejski 6
Town: Warsaw
NUTS code: PL911 Not specified
Postal code: 00-844
Country: Poland
E-mail: procurement@frontex.europa.eu
Telephone: +48 222059500
Fax: +48 222059501
Internet address(es):
Main address: www.frontex.europa.eu
I.4)Type of the contracting authority
European institution/agency or international organisation
I.5)Main activity
Defence

Section II: Object

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

Framework Contract for Aerial Surveillance Services Assets and Expert Support Lot 1

Reference number: Frontex/OP/166/2015/JL
II.1.2)Main CPV code
60440000 Aerial and related services
II.1.3)Type of contract
Services
II.1.4)Short description:

Amendment to framework contract Lot 1 — raising of budgetary ceiling of the FWC of 6 000 000 EUR in accordance with provisions of Article 134.1.e) of RAP.

II.1.6)Information about lots
This contract is divided into lots: yes
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 14 500 000.00 EUR
II.2)Description
II.2.1)Title:

Maritime area aerial surveillance

Lot No: 1
II.2.2)Additional CPV code(s)
60440000 Aerial and related services
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

EU external borders.

II.2.4)Description of the procurement:

Amendment to framework contract Lot 1 — raising of budgetary ceiling of the FWC of 6 000 000 EUR in accordance with provisions of Article 134.1.e) of RAP.

II.2.5)Award criteria
Price
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
II.2)Description
II.2.1)Title:

Land area aerial surveillance

Lot No: 2
II.2.2)Additional CPV code(s)
60440000 Aerial and related services
II.2.3)Place of performance
NUTS code: 00 Not specified
Main site or place of performance:

EU external borders.

II.2.4)Description of the procurement:

No amendment of previously concluded contract - no change for Lot 2 as described in the Contract Award Notice 2015/S 183-331224.

II.2.5)Award criteria
Price
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
  • New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive
Explanation:

1. The Contracting Authority may use the negotiated procedure without prior publication of a contract notice for specific types of purchases and under clearly defined exceptional circumstances;

2. The Contracting Authority may use the negotiated procedure without prior publication of a contract notice regardless of the estimated value of the contract, for new services or works consisting in the repetition of similar services or works entrusted to the economic operator to which the same Contracting Authority awarded an original contract, provided that these services or works are in conformity with a basic project for which the original contract was awarded after publication of a contract notice, and the basic project shall indicate the extent of possible new services and the conditions under which they will be awarded;

3. The possible use of the negotiated procedure without prior publication of a contract notice for the purpose of the raise of the financial ceiling has already been disclosed in the tender dossier for the open tender procedure Frontex/OP/166/2015/JL (Annex I — Tender Specifications, point 6.3) and subsequently in the multiple framework contracts concluded originally with 6 contractors for Lot 1, to which contracts the quoted above Annex I has also become an Annex;

4. 6 multiple framework contractors for Lot 1 of the procedure Frontex/OP/166/2015/JL were contacted by Frontex with a request for approval of the Amendment no.1 to the contract regarding the raise of the financial ceiling for the Lot 1 from 8,500,000 EUR to 14,500,000 EUR, and in reply 4 contractors (Indra Sistemas SA, CAE Aviation sarl, Diamond-Executive Aviation Ltd and EASP Air BV) expressed their agreement to the proposed raise of the financial ceiling, one contractor (Defense Conseil International) decided to terminate the contract with Frontex and with one contractor (Vigilance BV) it has been Frontex’ recent decision to terminate the contract due to its prolonged and persistent lack of response to Frontex inquiry.

IV.1.3)Information about a framework agreement or a dynamic purchasing system
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 183-331224
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

Contract No: Frontex/OP/166/2015/JL
Lot No: 1
Title:

Maritime area aerial surveillance

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
18/12/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: Diamond-Executive Aviation Ltd
Postal address: Retford Gamston Airport
Town: Retford
NUTS code: UKF15 North Nottinghamshire
Postal code: DN11 0QL
Country: United Kingdom
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 8 500 000.00 EUR
Total value of the contract/lot: 14 500 000.00 EUR
V.2.5)Information about subcontracting
The contract is likely to be subcontracted

Section V: Award of contract

Contract No: Frontex/OP/166/2015/JL
Lot No: 1
Title:

Maritime area aerial surveillance

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
18/12/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: CAE Aviation Sarl
Postal address: Luxembourg International Airport
Town: Luxembourg
NUTS code: LU00 Luxembourg (Grand-Duché)
Postal code: 1110
Country: Luxembourg
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 8 500 000.00 EUR
Total value of the contract/lot: 14 500 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: Frontex/OP/166/2015/JL
Lot No: 1
Title:

Maritime Area Aerial Surveillance

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
18/12/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: EASP Air BV
Postal address: Stationsplein 286
Town: Schiphol
NUTS code: NL329 Not specified
Postal code: 1117 CJ
Country: Netherlands
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 8 500 000.00 EUR
Total value of the contract/lot: 14 500 000.00 EUR
V.2.5)Information about subcontracting

Section V: Award of contract

Contract No: Frontex/OP/166/2015/JL
Lot No: 1
Title:

Maritime Area Aerial Surveillance

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
18/12/2017
V.2.2)Information about tenders
Number of tenders received: 4
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: Indra Sistemas SA
Postal address: Avenida de Bruselas, 35
Town: Madrid
NUTS code: ES30 Comunidad de Madrid
Postal code: 28108
Country: Spain
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 8 500 000.00 EUR
Total value of the contract/lot: 14 500 000.00 EUR
V.2.5)Information about subcontracting
The contract is likely to be subcontracted

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court
Postal address: rue du Fort Niedergruenewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
E-mail: cfi.registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Within 2 months of the notification to the plaintiff, or, in absence thereof, of the day on which it came to the knowledge.

VI.5)Date of dispatch of this notice:
05/03/2018