Supplies - 175923-2022

05/04/2022    S67

Poland-Warsaw: Purchase of Protective Equipment: Bulletproof Vests and Ballistic Helmets

2022/S 067-175923

Contract award notice

Results of the procurement procedure

Supplies

Legal Basis:
Regulation (EU, Euratom) No 2018/1046

Section I: Contracting authority

I.1)Name and addresses
Official name: European Border and Coast Guard Agency (FRONTEX)
Postal address: Plac Europejski 6
Town: Warsaw
NUTS code: PL911 Miasto Warszawa
Postal code: 00-844
Country: Poland
E-mail: procurement@frontex.europa.eu
Telephone: +48 22059500
Fax: +48 22059501
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
General public services

Section II: Object

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

Purchase of Protective Equipment: Bulletproof Vests and Ballistic Helmets

Reference number: FRONTEX/NP/284/2022/DT/JL
II.1.2)Main CPV code
35810000 Individual equipment
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The subject of the tender is purchase of protective equipment: bulletproof vests and ballistic helmets.

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: 216 900.00 EUR
II.2)Description
II.2.2)Additional CPV code(s)
35815100 Bullet-proof vests
35813000 Military helmets
II.2.3)Place of performance
NUTS code: PL Polska
Main site or place of performance:

The supplies ordered under this contract shall be delivered to various locations within the territory of the EU.

II.2.4)Description of the procurement:

The subject of this procurement is purchase of the protective equipment: 200 units of bulletproof vests and 300 units of ballistic helmets.

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
  • The procurement falls outside the scope of application of the directive
Explanation:

In view of the ongoing crisis in Ukraine caused by Russia’s invasion and the subsequent considerably increased influx of refugees to the EU-Ukrainian border, an urgent need for rapid deployment of FRONTEX Standing Corps officers to the Eastern EU border has emerged. Said need could neither have been foreseen prior to the invasion, nor is in any way attributable to the contracting authority. In this respect, to duly comply with the duty of care obligation, the deployed personnel should be equipped with appropriate level of personal protection equipment, namely bullet proof vests and ballistic helmets. Therefore, in addition to the already available stocks of such equipment, Frontex would need to ensure additional amounts of protective equipment so that all the officers to be deployed can be supplied with the body armour on time. Given the necessity to act promptly and efficiently to address the above-mentioned situation, securing purchase of personal protection equipment, namely bullet proof vests and ballistic helmets, via an exceptional negotiated procedure is, therefore, deemed necessary also due to the reasons listed below:

— lack of a duly running framework contract covering the above-mentioned supplies (the framework contract is currently under preparation and scheduled to be launched in Q2 2022 with expected signature date within Q4 2022);

— ongoing and/or imminent deployment of officers to the region in question and, hence, immediate need to equip them with the body protection.

As per Art. 11.1 Point (c), the contracting authority could resort to the use of exceptional negotiated procedure:

‘(c) In so far as is strictly necessary, where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, it is impossible to comply with the time limits laid down in points 24, 26 and 41 and where the justification of such extreme urgency is not attributable to the contracting authority.’

We, therefore, consider Russia’s aggression against Ukraine and the ongoing war in the latter provoking an unprecedent, significant refugee wave, as satisfying the above-mentioned conditions.

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.2.8)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/NP/284/2022/DT/JL
Title:

Contract for Supplies Number – FRONTEX/NP/284/2022/DT/JL

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
21/03/2022
V.2.2)Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: UAB Defensus
National registration number: 303491447
Postal address: Daugeliskio 32A
Town: Vilnius
NUTS code: LT Lietuva
Postal code: 09300
Country: Lithuania
E-mail: info@defensus.lt
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot: 216 900.00 EUR
V.2.5)Information about subcontracting

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 Niedergrünewald
Town: Luxembourg
Postal code: L-2925
Country: Luxembourg
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address: http://curia.europa.eu
VI.5)Date of dispatch of this notice:
29/03/2022