Supplies - 297965-2020

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25/06/2020    S121

Norway-Kjeller: Firefighting vehicles

2020/S 121-297965

Contract award notice for contracts in the field of defence and security

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Official name: Forsvaret v/Forsvarets logistikkorganisasjon [the Norwegian Armed Forces c/o the Norwegian Defence Logistics Organisation]
Postal address: Fetveien 80-84, 2007 Kjeller
Town: Kjeller
Postal code: 2007
Country: Norway
For the attention of: Øystein Edvard Kvalheim
E-mail: oykvalheim@mil.no

I.2)Type of the contracting authority
Body governed by public law
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract
Prior Information Notice of Award of Framework Agreement to Egenes Brannteknikk AS
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: Throughout Norway, particularly Bardufoss, Banak, Kjeller, Ørlandet, Andenes, Jan Mayen, Rygge, Kjevik and Haakonsvern in Bergen.

NUTS code NO NORGE

II.1.3)Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4)Short description of the contract or purchase(s):
The Norwegian Defence Logistics Organisation, Strategic Procurement (‘FLO SA’), hereby announced their intention to award Framework agreement 4600001640: workshop services, spare parts and technical support, fire truck additions directly to Egenes Brannteknikk AS, cf. FOSA § 9-4, cf. FOSA § 5-3 letter c, cf. rationale below. The framework agreement will have a duration of 7 years, cf. FOSA §6-1 fourth section and has an estimated value of NOK 48 million over 7 years.
Basis: The Norwegian Armed Forces currently has at their disposal 23 fire trucks, manufactured and delivered by the Austrian company Rosenbauer International A.G (‘Rosenbauer’) and the Norwegian company Egenes Brannteknikk AS (‘Egenes’). Egenes is Rosenbauer’s official representative in Norway.
All of the fire trucks are specially adapted for the Norwegian Armed Forces and consist primarily of Rosenbauer products. Rosenbauer has sole rights to these products in the form of a patent.
Furthermore, only Egenes has the right to sell or offer Rosenbauer products in Norway based on a contract between Rosenbauer and Egenes.
After the Norwegian Armed Forces’ investigation, other technical fire products from other suppliers will not pass and be compatible with the existing systems and products delivered by Egenes/Rosenbauer. The Norwegian Armed Forces thereby means that the framework agreement part concerning delivery of spare parts can only be used by Egenes, both based on ‘ technical reasons’ and in order to protect Rosenbauer’s and Egenes’ sole rights related to the material cf. FOSA § 5-3 letter c.
The Norwegian Armed Forces believes that the part of the contract connected to performing service, maintenance, reconstruction and development of technical documentation can only be performed by Egenes, cf. FOSA § 5-3 letter c. The Norwegian Armed Forces’ assessments indicate that only Egenes in Norway has the necessary know-how, knowledge and tools required to carry out the maintenance and rebuilding of the 23 specially designed fire trucks for the Norwegian Armed Forces. Egenes and Rosenbauer have collaborated since the start of the 90s for delivery of fire additions and other technical fire solutions on fire trucks delivered to businesses in Norway. Furthermore, the companies have approx. 20 years of experience related to delivery, reconstruction and product development of fire trucks suitable for the defence sector’s special needs and requirements. Furthermore, since the start of the 2000s, the companies have cooperated with Norsk Scania AS, the manufacturer of the chassis that the fire additions and the technical fire solutions used by the Norwegian Armed Forces are mounted on.
The knowledge, experience and know-how discussed above is something a supplier must posses in order to perform the necessary maintenance and service on the fire trucks within very short deadlines.
Based on the above, FLO SA means that there is legal basis in FOSA § 5-3 letter c to award new framework agreements concerning workshop services, delivery of spare parts and technical support to the Norwegian Armed Forces’ fire trucks with Egenes Brannteknikk AS, cf. FOSA § 5-3 letter c. Contract signing will take place after the ten day waiting period expires, cf. the Public Procurement Act § 13 second section, cf. FOSA § 9-4. The deadline begins the day after this notice, so that contract signing occurs at the earliest on 3 July 2020.
II.1.5)Common procurement vocabulary (CPV)

34144210 Firefighting vehicles, 34320000 Mechanical spare parts except engines and engine parts, 50100000 Repair, maintenance and associated services of vehicles and related equipment

II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 48 000 000,00 NOK
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Negotiated without publication of a contract notice
Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU)
Directive 2009/81/EC
1) Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with art. 28 of Directive 2009/81/EC
No tenders or no suitable tenders in response to: negotiated procedure with prior call for competition
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical, connected with the protection of exclusive rights
2) Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract has as its object services listed in Annex II B to the Directive
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
An electronic auction has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority
IV.3.2)Previous publication(s) concerning the same contract

Section V: Award of contract

Lot title: Framework Agreement for Maintenance, Spare Parts and Technical Support for the Norwegian Armed Forces Fire Trucks
V.1)Date of contract award decision:
3.7.2020
V.2)Information about offers
Number of offers received: 1
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Official name: Egenes brannteknikk AS
Postal address: Nulandsveien 3
Town: Flekkefjord
Postal code: 4405
Country: Norway

V.4)Information on value of contract
Initial estimated total value of the contract:
Value: 48 000 000,00 NOK
Excluding VAT
Total final value of the contract:
Value: 48 000 000,00 NOK
Excluding VAT
If annual or monthly value:
Number of years: 7
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Official name: Nedre Romerike Tingrett [District Court]
Town: Postboks 393, 2001 Lillestrøm
Postal code: 393
Country: Norway

VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: 3 July 2020
VI.3.3)Service from which information about the lodging of appeals may be obtained

Official name: FLO SA
Town: Fetveien 80-84
Postal code: 2007, Kjeller
Country: Norway

VI.4)Date of dispatch of this notice:
24.6.2020