Lieferungen - 426288-2020

Unrevised Machine Translation

11/09/2020    S177

Germany-Hanover: Railway passenger coaches

2020/S 177-426288

Voluntary ex ante transparency notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Landesnahverkehrsgesellschaft Niedersachsen mbH (LNVG)
Postal address: Kurt-Schumacher-Straße 5
Town: Hannover
NUTS code: DE9 NIEDERSACHSEN
Postal code: 30159
Country: Germany
Contact person: Thomas Nawrocki
E-mail: nawrocki@lnvg.de
Telephone: +49 511533330
Fax: +49 51153333299

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:

Conclusion of an addendum to the works supply contract with Bombardier Transportation for the supply of 2 double-deck cars and 12 double-deck cars

II.1.2)Main CPV code
34622200 Railway passenger coaches
II.1.3)Type of contract
Supplies
II.1.4)Short description:

Purchase of 2 additional double-deck DABpbzfa trolleys and 12 double-deck DBpza trolleys for use in the Hansenetz.

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: 1.00 EUR
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: DE DEUTSCHLAND
II.2.4)Description of the procurement:

Purchase of 2 additional double-deck DABpbzfa trolleys and 12 double-deck DBpza trolleys.

The vehicles will be used in the Hansenetz from 2022 onwards. The LNVG is contractually obliged to make available to the RU the trains necessary for the operation of the network.

With the start of the Hansenetz 2 transport contract in December 2018, capacity increases were made, which had to reduce the reserve available at that time. In addition, additional train services have been ordered in the last two years. In addition, the HU XL Dosto is only completed by the end of 2026; until then, a train formation is needed as a further maintenance reserve for the implementation of the HU XL Dosto. The vehicles to be procured in this case are therefore urgently needed as a further maintenance reserve to ensure the availability of the 26 train assemblies promised to Metronom for operation on the Hanse Grid in 2 and for capacity extensions (increase of seating capacity).

II.2.5)Award criteria
II.2.11)Information about options
Options: no
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
  • Additional deliveries by the original supplier ordered under the strict conditions stated in the directive
Explanation:

Procurement is partly possible by implementing the existing options from the works supply contract with Bombardier and its existing addenda. Under the exception provided for in § 14(4)(2)(b) VgV, a negotiated procedure without a competition is justified, as the contract can only be carried out by Bombardier because of its technical characteristics. Taking into account the reasons for the purchase of vehicles set out in point II.2.4 above, the LNVG sees no alternative to direct commissioning of Bombardier. It is imperative that the vehicles to be manufactured are compatible with the fleet of vehicles used by the LNVG on the Hanseatic network without restrictions and are therefore freely interchangeable in operation. Both additional journeys and capacity increases (extension of trains) should be possible. This is only possible if all new vehicles can be freely coupled to existing vehicles and the whole vehicle management system (software) is compatible with each other. The new trains will be equipped to be fully integrated into the existing fleet. Free interchangeability is also possible. If individual wagons fail, they may be replaced by factory-same wagons. In the case of procurement of trains from another manufacturer, such replacement would not be possible. Failure of a wagon would therefore mean that the train would either have to be completely out of order or would not have to run in full ranking, i.e. with significantly reduced seating capacity. Only Bombardier can produce vehicles that can be coupled to the existing vehicles, as vehicle control and train communication must be carried out using the existing interfaces. Other procurement of compatible vehicles is not possible, as the market has shown.

Furthermore, a negotiated procedure without competition is justified under the exception provided for in Paragraph 14(4)(5) of the VgV, since the purpose of the contract is to obtain additional supplies from the original contractor for the partial renewal and extension of existing services and a change of undertaking would result in the purchase of a service with different technical characteristics which is not compatible with the existing fleet. There would be disproportionate technical difficulties in use and maintenance. In addition, a disproportionate effort would be required.

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:
07/09/2020
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 GmbH
Town: Berlin
NUTS code: DE3 BERLIN
Country: Germany
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: 1.00 EUR
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

Re II.1.7. and V.2.4.: The total purchase value or contract value was given as ‘1.00’, as this is a mandatory field. The actual value of the contract is not indicated as it is an industrial and commercial secret in accordance with § 165 GWB.

Re V.2.1.: For technical reasons, no future date for the date of the award decision can be given. Contracts shall be awarded at the earliest after the expiry of the period of 10 calendar days from the day following the publication of this ex ante transparency notice.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Vergabekammer beim Niedersächsischen Ministerium für Wirtschaft, Arbeit, Verkehr und Digitalisierung
Postal address: Auf der Hude 2
Town: Lüneburg
Postal code: 21339
Country: Germany
E-mail: vergabekammer@mw.niedersachsen.de
Telephone: +49 4131151334/1335/1336
Fax: +49 4131152943
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
Official name: Bundeskartellamt
Postal address: Kaiser-Friedrich-Straße 16
Town: Bonn
Postal code: 53113
Country: Germany
Telephone: +49 22894990
Fax: +49 2289499400
VI.5)Date of dispatch of this notice:
07/09/2020