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Lieferungen - 418333-2017

Unrevised Machine Translation

21/10/2017    S203

Germany-Hanover: Rolling stock

2017/S 203-418333

Voluntary ex ante transparency notice

Supplies

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Landesnahverkehrsgesellschaft Niedersachsen mbH (LNVG)
Kurt-Schumacher-Straße 5
Hannover
30159
Germany
Contact person: Thomas Nawrocki
Telephone: +49 51153333115
E-mail: nawrocki@lnvg.de
Fax: +49 51153333299
NUTS code: DE92

Internet address(es):

Main address: www.lnvg.de

I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
Other activity: Aufgabenträger im öffentlichen Personennahverkehr

Section II: Object

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

Procurement of innovative trainsets shall be equipped with fuel cells as well as energy supply.

II.1.2)Main CPV code
34620000
II.1.3)Type of contract
Supplies
II.1.4)Short description:

Contract for the supply, maintenance and supply of highly energy-efficient and environmentally friendly trainsets shall be equipped with fuel cells for use in the Weser-Elbe-Netz.

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: 0.01 EUR
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
50222000
II.2.3)Place of performance
NUTS code: DE9
II.2.4)Description of the procurement:

LNVG Weser-Elbe-Netz intends, in Bremerhaven, Cuxhaven (Bremervörde — Buxtehude, environmentally friendly use of multiple units). LNVG is therefore for the procurement of fourteen zero-emission trainsets held with innovative fuel cell. For this purpose, the Commission considers the LNVG the company Alstom Transport Deutschland GmbH (‘Alstom’), the supply and maintenance of fuel cell technology to multiple units. Alstom is currently the only company in the world a fully fledged and public local passenger rail transport that can provide it with fuel cell technology. The vehicle at the InnoTrans was presented to the public in September 2016. Alstom has already started testing prototypes of fuel cell powered material iLint Coradia “trainset” carried out successfully in April 2017. In early 2018, the departing passengers using these vehicles. The necessary energy supply will also ensure Alstom. Given that Alstom is not itself and also the necessary Wasserstofflieferant stations may not build, Alstom has a provision for consortium partners sought to Linde AG. LNVG intends therefore to the consortium consisting of Alstom and Linde’s energy charge trains for their operation.

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

Supply of up to 33 other multiple units of the same type.

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 publication
  • The works, supplies or services can be provided only by a particular economic operator for the following reason:
    • absence of competition for technical reasons
Explanation:

The mixed supply and service contract can for technical reasons connected with the protection of exclusive rights (e.g. Patent rights in the Alstom Fahrzeugleittechnik) and the consortium of Linde, so that a direct award in accordance with § 14, 4 No 2 (b) and (c) of the Public Contracts Regulation (VgV) is exceptionally justified. The goal of zero emission public transport in order to achieve the LNVG, in Bremerhaven, Cuxhaven (Weser-Elbe-Netz Bremervörde — Buxtehude trains to use environmentally friendly). It has declared its support for the purchase of fuel cell held fourteen zero-emission trainsets. The vehicles shall be registered and without restrictions to become operational as early as possible in public transport. LNVG is entailed by this novel technology is keen that the manufacture, maintenance and energy mainly from a single source for the whole lifetime of vehicles. Alstom is currently the only company in the world a fully fledged and public local passenger rail transport that can provide a fuel cell powered units and railcars with near zero emissions. Since electricity is not yet independent, reliable infrastructure, the vehicle manufacturer is chosen by him, together with a consortium of Linde also trains with hydrogen refuelling responsibility. LNVG, Alstom intends to directly collecting multiple units with an innovative fuel cell technology, as well as their maintenance and the consortium consisting of Alstom and Linde to engage with the energy supply. The project for the establishment of an Infrastructure Brennstoffzellentriebzuges was classified as particularly worthy of support. As of now, it is purchasing the LNVG could not reasonably wait until additional companies were able to supply fuel cell trains.

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

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
17/10/2016
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
Alstom Transport Deutschland GmbH
Linke-Hofmann-Busch-Straße 1 D
Salzgitter
D-38239
Germany
NUTS code: DE912

Internet address:http://www.alstom.com/germany/de/

The contractor/concessionaire will be an SME: no
V.2.3)Name and address of the contractor/concessionaire
Linde AG, Gases Division Germany
Seitnerstrasse 70
Pullach
D-82049
Germany
NUTS code: DE21H

Internet address:http://www.linde-gas.de/de/index.html

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: 0.01 EUR
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

(a) The value of the procurement or the value of the contract does not correspond to the actual value of the procurement or of the contract. This is in line with § 39, 6 VgV not published because, inter alia, the commercial interests of the successful tenderer and fair competition and also in accordance with § 135, 3 sentence 2 GWB is not known. As it is a mandatory field from a technical standpoint, the figure of EUR 0,01 is entered.

b) For technical reasons may not in the future be indicated on the date of conclusion of the contract. The contract shall be made at the earliest after the expiry of the period of 10 calendar days has elapsed, counting from the day after publication of this ex ante transparency notice.

VI.4)Procedures for review
VI.4.1)Review body
Vergabekammer Niedersachsen beim Nds. Ministerium für Wirtschaft, Arbeit und Verkehr
Auf der Hude 2
Lüneburg
21339
Germany
Fax: +49 4131152943
VI.4.2)Body responsible for mediation procedures
Vergabekammer Niedersachsen beim Nds. Ministerium für Wirtschaft, Arbeit und Verkehr
Lüneburg
Germany
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Rules on the lodging of appeals can be found in § § 155 et seq. of the GWB (Act against Restrictions on Competition). A review of the conditions of admissibility

Public procurement authority, pursuant to Paragraph 160 et seq. of the GWB is mentioned. Reference should also be made to Paragraph 135 of the GWB, which reads as follows:

“(1) Where a public contract is void ab initio if the contracting authority

1 § 134) or

2 to award the contract without prior publication of a contract notice in the Official Journal of the European Union without this being awarded is allowed by law,

and this non-compliance has been found in a review procedure.

(2) The invalidity referred to in paragraph 1 shall only be established if it in the review procedure, within 30 calendar days following the notification of the tenderers and candidates concerned by the contracting authority concerning the conclusion of the contract, but no later than 6 months after the conclusion of the contract has been invoked. The contracting authority has published in the Official Journal of the European Union, the deadline for the enforceability of the ineffectiveness of 30 calendar days after publication of the contract notice in the Official Journal of the European Union.

(3) Ineffectiveness in accordance with paragraph 1, paragraph 2 shall not apply where

On 1 the contracting authority considers that the award of a contract without prior publication of a contract notice in the Official Journal of the European Union,

On 2 the contracting authority by a notice published in the Official Journal of the European Union, he has the intention to conclude the contract, and

3 of the contract has not been concluded before the expiry of a period of at least ten calendar days with effect from the day after the date of publication of this notification, has been completed.

The contract notice in accordance with sentence 1 point 2 must bear the name and contact details of the contracting authority, description of the object of the contract, justification of the decision of the contracting entity to award the contract without prior publication of a contract notice in the Official Journal of the European Union, the name and contact details of the company to whom the contract is to be awarded.”

VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
17/10/2017