Supplies - 217161-2019

10/05/2019    S90

Denmark-Kastrup: Flight control software package

2019/S 090-217161

Contract award notice – utilities

Results of the procurement procedure


Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: Naviair
National registration number: 26059763
Postal address: Naviair Allé 1
Town: Kastrup
NUTS code: DK012 Københavns omegn
Postal code: 2770
Country: Denmark
Contact person: Frank Christensen
Telephone: +45 32478000
Internet address(es):
Main address:
Address of the buyer profile:
I.6)Main activity
Airport-related activities

Section II: Object

II.1)Scope of the procurement

Remote Tower and Approach Systems

II.1.2)Main CPV code
48120000 Flight control software package
II.1.3)Type of contract
II.1.4)Short description:

The air navigation service provider in Denmark, Naviair, wants to procure and put into operation remote tower and approach systems for initially Billund airport (EKBI) with options to enlarge the systems for more airports.

II.1.6)Information about lots
This contract is divided into lots: no
II.2.2)Additional CPV code(s)
48121000 Air traffic control software package
72212120 Flight control software development services
II.2.3)Place of performance
NUTS code: DK04 Midtjylland
Main site or place of performance:

Billund Airport.

II.2.4)Description of the procurement:

The air navigation service provider in Denmark, Naviair, wants to procure and put into operation remote tower and approach systems for initially Billund airport (EKBI) to be established in existing building facilities at Billund Airport (airside).

II.2.11)Information about options
Options: yes
Description of options:

As options the procured remote tower and approach system(s) should:

1) Be easily scalable with the addition of more airports to the system(s) in the renovated building; and

2) Include the potential procurement of an additional system — or an enlargement of the first system(s) — capable of supporting up to 10 airports and to be installed in another building — yet to be defined — at Billund Airport.

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.1.1)Type of procedure
Negotiated procedure with prior call for competition
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: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2019/S 024-053914
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 periodic indicative notice
The contracting entity will not award any further contracts based on the above periodic indicative notice

Section V: Award of contract

Contract No: 1

Remote Tower.

A contract/lot is awarded: no
V.1)Information on non-award
The contract/lot is not awarded
Other reasons (discontinuation of procedure)

Section VI: Complementary information

VI.3)Additional information:

Due to a complaint regarding the remote tower and approach systems tender, which has now resulted in a ruling by the Danish Complaints Board for Public Procurement (in Danish: Klagenævnet for Udbud), Naviair has decided to annul the tender with immediate effect. According to the ruling Naviair has not complied with the principles of equal treatment and transparency as regards the pre-qualification criteria. Thus the Board has ruled that Naviair’s description of the pre-qualification criteria regarding minimum requirements to the candidate’s technical and professional ability (related specifically to the requirement that the candidate should demonstrate that he has delivered remote towers and approach systems (in operation or in final operational trial) within the past 3 years) was not clear and precise and thus was insufficient to form basis for pre-qualification. Therefore, the Board annulled Naviair’s decision not to pre-qualify Indra Navia AS.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud, Nævnenes Hus
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
Telephone: +45 72405600
Internet address:
VI.4.2)Body responsible for mediation procedures
Official name: NA
Town: København
Country: Denmark
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

As a consequence of Danish Act No 593 of 2.6.2016 on the enforcement of procurement rules, etc. there are following deadlines for lodging appeals in Denmark:

Complaints about not being pre-qualified shall be submitted to “Klagenævnet for Udbud” (Board of Appeal) within 20 calendar days from the day following the day on which the contracting entity has sent a notification with an explanation of the decision to interested applicants who have been pre-qualified. In other situations, the complaint against the tender or the decision must be submitted to “Klagenævnet for Udbud” before:

1) 45 days after the contracting entity has published a notice in the Official Journal stating that the contracting entity has entered into a contract. The period is calculated from the day following the day on which notice has been published,

2) 30 calendar days from the day following the day on which the contracting entity informed the tenderers that a contract based on a framework contract with reopening of competition or a dynamic purchasing system has been signed, if notification is given a brief explanation of the relevant reasons for the decision,

3) 6 months after the entity has signed a Framework Agreement — calculated from the day after the day on which the contracting entity informed the tenderers and candidates, cf. § 2 (2);

4) 20 calendar days from the day following the day on which the contracting entity has announced the decision according to the Danish law of procurement (No 1564 of 15.12.2015) § 185 (2) second sentence.

At the latest at the same time as an appeal is sent to “Klagenævnet for Udbud”, the appellant shall in writing inform the contracting entity that the complaint will be sent to “Klagenævnet for Udbud”, and whether the complaint is filed during the standstill period referred to in § 3. 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 pursuant to § 12 (1).

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsensvej 35
Town: Valby
Postal code: 2500
Country: Denmark
Telephone: +45 41715000
Internet address:
VI.5)Date of dispatch of this notice: