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Sweden-Stockholm: Railway and tramway locomotives and rolling stock and associated parts
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
Main address: www.sj.se
Section II: Object
Project Delta 2.0
The production, manufacturing and delivery of electric multiple unit trains for long-distance travel having a maximum length of 179 meters, approximately 360 passenger seats, a maximum operational speed higher than or equal to 250 kilometers per hour and being capable of operating on both existing and future infrastructure in Sweden, Norway and Denmark.
The initial base order will be between 25 and 30 trains with an option for SJ to order up to in total 40 trains including special tools and spare parts etc.
Section IV: Procedure
SJ deems that SJ has the right to enter into the contract regarding purchase of high speed trains following a negotiated procedure without publication of a notice pursuant to Chapter 6 Section 8 of the Swedish Act on Procurement for the Utilities Sectors (2016:1146) (‘LUF’), implementing Article 50 (d) of Directive 2014/25/EU, for reasons of extreme urgency brought about by events unforeseeable for, and not attributable to, SJ. Such a right also follows from Chapter 6 Section 7, first paragraph, point 2 of LUF, implementing Article 50 (c) of Directive 2014/25/EU, for reasons of absence of competition due to technical reasons.
SJ commenced the purchase of high speed trains (‘Project Delta’) in 2017 by inviting, inter alia, Bombardier Transportation and other suppliers to submit tenders, without applying LUF since SJ was of the opinion that LUF was not applicable to SJ. The legal standpoint that LUF was not applicable to SJ was in accordance with judgements of Administrative Courts in Sweden.
In a judgment laid down on 28 February 2019 by the European Court of Justice (‘ECJ’) in case C-388/17, the court however came to the opposite conclusion, entailing that SJ has an obligation to apply LUF when purchasing goods, services and works.
The event that ECJ would come to this conclusion was unforeseeable by SJ.
SJ then decided to suspend the procedure and to launch a new procedure in accordance with LUF.
The negotiations between SJ and selected suppliers in Project Delta (of which one was Bombardier Transportation) was then well advanced. If SJ would recommence the tender procedure from start in its entirety and with the application of the time limits laid down in LUF for a procedure with prior call for competition, the delays would have been considerable.
Such delays would have made it impossible for SJ to meet the continually increasing demands of personal transportations by train in Sweden. SJ is by far the largest provider of personal transportations by train in Sweden. The need for the new high speed trains was urgent already at the start of the project.
Such delays also would make it impossible for SJ to make its necessary, considerable contributions to Sweden’s climate, environmental and transportation policy goals. It is extremely urgent, in these respects, that Project Delta is finalized.
Moreover, SJs great knowledge of the market and the negotiations in Project Delta so far made it obvious that Bombardier Transportation, objectively, is the only economic operator capable of, in due time, delivering a product that will meet SJs overall demands and needs of well-tried design, technology and functionality of the train vehicles.
Therefore, SJ in May 2019 decided to launch a negotiated procedure without prior call for competition in accordance with LUF. Negotiations since then have been conducted with Bombardier Transportation. The parties are now ready to enter into a contract.
Section V: Award of contract/concession
Internet address: www.bombardier.com
Supply of technical equipment and other kind of equipment for installation in the train vehicles.
Section VI: Complementary information
Internet address: www.forvaltningsrattenistockholm.domstol.se
The standstill period is ten (10) days from the day of publication, see chapter 20, section 3 of the Swedish law (2016:1146) on Procurement in the Utilities Sectors.