Lieferungen - 287660-2020

19/06/2020    S118

Sweden-Stockholm: Railway and tramway locomotives and rolling stock and associated parts

2020/S 118-287660

Voluntary ex ante transparency notice

Supplies

Legal Basis:
Directive 2014/25/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: SJ AB
National registration number: 556196-1599
Town: Stockholm
NUTS code: SE110 Stockholms län
Postal code: 10550
Country: Sweden
Contact person: Björn Holmberg
E-mail: bjorn.holmberg@sj.se
Telephone: +46 107515204

Internet address(es):

Main address: www.sj.se

I.6)Main activity
Railway services

Section II: Object

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

Project Delta 2.0

Reference number: P.0512
II.1.2)Main CPV code
34600000 Railway and tramway locomotives and rolling stock and associated parts
II.1.3)Type of contract
Supplies
II.1.4)Short description:

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.

II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: SE110 Stockholms län
Main site or place of performance:

Hagalund, Solna.

II.2.4)Description of the procurement:

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.

II.2.5)Award criteria
II.2.11)Information about options
Options: yes
Description of options:

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.

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
Negotiated procedure without prior call for competition
  • The works, supplies or services can be provided only by a particular economic operator for the following reason:
    • absence of competition for technical reasons
  • Extreme urgency brought about by events unforeseeable for the contracting entity and in accordance with the strict conditions stated in the directive
Explanation:

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.

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

Section V: Award of contract/concession

Contract No: SJCM-2020-0240
Title:

Project Delta 2.0

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
16/06/2020
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: Bombardier Transportation Sweden AB
National registration number: 556101-9356
Postal address: Östra Ringvägen 2
Town: Västerås
NUTS code: SE125 Västmanlands län
Postal code: 721 73
Country: Sweden
E-mail: press@rail.bombardier.com
Telephone: +46 108520000

Internet address: www.bombardier.com

The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
V.2.5)Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Proportion: 30 %
Short description of the part of the contract to be subcontracted:

Supply of technical equipment and other kind of equipment for installation in the train vehicles.

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: Förvaltningsrätten i Stockholm
Postal address: Stockholm
Town: Stockholm
Postal code: 11576
Country: Sweden
E-mail: forvaltningsrattenistockholm@dom.se
Telephone: +46 856168000
Fax: +46 856168001

Internet address: www.forvaltningsrattenistockholm.domstol.se

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

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.

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
16/06/2020