Supplies - 191363-2016

04/06/2016    S107

Denmark-Ballerup: Armoured personnel carriers

2016/S 107-191363

Voluntary ex ante transparency notice

Supplies

Legal Basis:
Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Danish Defence Acquisition and Logistics Organization (DALO)
Postal address: Lautrupbjerg 1-5
Town: Ballerup
NUTS code: DK DANMARK
Postal code: 2750
Country: Denmark
Contact person: Lt Col Gert Bode
E-mail: apc-r@mil.dk
Telephone: +45 72572248
Internet address(es):
Main address: www.forsvaret.dk/fmt/eng
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:

Acquisition of Armoured Personnel Carriers (APC).

II.1.2)Main CPV code
35412200 Armoured personnel carriers
II.1.3)Type of contract
Supplies
II.1.4)Short description:

DALO has entered into a contract regarding the acquisition and sustainment of 309 Armoured Personnel Carriers (APCs) for replacement of the existing fleet for the entire Danish Army. The contract has been awarded to General Dynamics European Land Systems — Mowag GmbH, cf. contract award notice 2015/S 244-443533 concerning the acquisition contract and contract award notice 2015/S 244-443532 concerning the sustainment contract.

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: 5 200 000 000.00 DKK
II.2)Description
II.2.2)Additional CPV code(s)
35421000 Mechanical spare parts for military vehicles
35421100 Engines and engine parts for military vehicles
35420000 Parts of military vehicles
73423000 Development of military vehicles
73433000 Test and evaluation of military vehicles
44510000 Tools
80630000 Training and simulation in military vehicles
79130000 Legal documentation and certification services
II.2.3)Place of performance
NUTS code: DK DANMARK
II.2.4)Description of the procurement:

The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. This voluntary ex ante transparency notice is published since it has been decided to replace the engine of the Armoured Personnel Carriers (APCs) with a different engine compared to the engine offered in the winning tender. The change of the engine will not lead to increased costs for DALO and it is expected that the replacement will entail a slightly lower cost. The offered APC has undergone renewed testing with the new engine to validate fulfilment of all requirements of the tender, which was achieved. The change will have no consequence for the time schedule for delivery of the APCs. It is DALO's assessment that the change of the engine does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender process.

II.2.5)Award criteria
The most economically advantageous tender in terms of
Criterion: Price / Weighting: 40
Criterion: Performance / Weighting: 30
Criterion: Future development potential and quality assurance / Weighting: 30
II.2.11)Information about options
Options: yes
Description of options:

The total number of APCs can be adjusted within the limits stated in the contract notice (between 206 and 450). Further, the tender encompassed a number of technical options which were further described in the tender material.

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:

The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. The contract for acquisition and sustainment of 309 Armoured Personnel Carriers (APCs) has been awarded to General Dynamics European Land Systems — Mowag GmbH, cf. contract award notice 2015/S 244-443533 concerning the acquisition contract and contract award notice 2015/S 244-443532 concerning the sustainment contract.

This voluntary ex ante transparency notice is published since it has been decided to replace the engine of the APCs with a different engine compared to the engine offered in the winning tender. The change of the engine will not lead to increased costs for DALO and it is expected that the replacement will entail a slightly lower cost. The offered APC has undergone renewed testing with the new engine to validate fulfilment of all requirements of the tender, which was achieved. The change will have no consequence for the time schedule for delivery of the APCs.

It is DALO's assessment that the change of the engine does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender process.

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: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2012/S 101-168364

Section V: Award of contract/concession

Contract No: 4600004083
Title:

Acquisition Contract concerning the acquisition of Armoured Personnel Carriers

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
30/04/2015
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
Official name: General Dynamics European Land Systems — Mowag GmbH
Postal address: Unterseestrasse 65
Town: Kreuzlingen
NUTS code: CH SCHWEIZ/SUISSE/SVIZZERA
Postal code: 8280
Country: Switzerland
Internet address: http://www.gdels.com
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: 5 200 000 000.00 DKK
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

The stated total final value of the contract for 309 APCs, cf. II.1.7) and V.2.4) covers the price of the acquisition contract as well as the sustainment contract.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Postal address: Dahlerups Pakhus, Langelinie Allé 17
Town: Copenhagen Ø
Postal code: 2100
Country: Denmark
E-mail: klfu@erst.dk
Telephone: +45 33307621
Internet address: www.klfu.dk
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

If the Contracting Authority have followed the procedure provided by section 4 of the Danish Act No 492 of 12.5.2010 with subsequent amendments regarding enforcement of the rules for procurement, etc. complaints regarding that a Contracting authority in non-compliance with the public procurement directive has awarded a contract without publication of a contract notice in Official Journal of the European Union must be filed with The Complaints Board for Public Procurement within 30 calendar days starting the day after the day on which the contracting authority has published a voluntary ex ante transparency notice in OJEU/TED, cf. section 7(3) of the Danish Act No 492 of 12.5.2010.

Other complaints must be filed with The Complaints Board for Public Procurement within 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).

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. The complainant shall state whether the complaint has been lodged in the standstill period. If the appeal has not been lodged in the standstill period, the appellant must also state whether it is requested that the appeal is granted delaying effect.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence-og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 72268000
Internet address: www.kfst.dk
VI.5)Date of dispatch of this notice:
02/06/2016