Supplies - 444392-2018

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11/10/2018    S196

Denmark-Copenhagen: Artillery

2018/S 196-444392

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)

Forsvarsministeriets Materiel- og Indkøbsstyrelse
16287180
Lautrupbjerg 1 - 5
Contact point(s): Josephine Søegaard Knop
2750 København
Denmark
Telephone: +45 28596445
E-mail: josk@kammeradvokaten.dk

Internet address(es):

General address of the contracting authority/entity: www.fmi.dk

I.2)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
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
Fair 155 mm artillery gun
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Rental
Main site or location of works, place of delivery or of performance: Denmark.
NUTS code
II.1.3)Information on framework agreement
II.1.4)Short description of the contract or purchase(s):
The Ministry of Defence’s Defence Acquisition and Logistics (‘FMI’) concluded on 6.9.2018 a contract with Nexter Systems (‘Nexter’) for the lease of an artillery system as a negotiated procedure without prior publication of a contract notice. The lease agreement was concluded with the aim of putting the FMI in a position to carry out tests and to draw up proper cloud details or for the artillery system prior to a already contracted supply of 15 artillery systems of the same type by the end of 2019.
The Authority’s assessment is that, due to technical reasons and exclusive rights, Nexter alone has the ability to deliver the systems in question, since Nexter has the exclusive rights to develop and produce the primary weapons system in question, as it is not technically possible to separate the weapon system from the underwagon and it is only Nexter that has the technical know-how about the elements of the artillery system to provide technical assistance and initial training as required by the lease agreement. The FMI therefore considers that the lease agreement could be awarded to Nexer pursuant to Article 28(1)(e) of the Defence and Security Directive.
II.1.5)Common procurement vocabulary (CPV)

35322000

II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 495 000,00 EUR
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
All tenders submitted in reply to an open procedure, a restricted procedure or competitive dialogue were irregular or inacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: no
The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis: no
Extreme urgency brought about by events unforeseeable by the contracting authority/entity and in accordance with the strict conditions stated in the relevant Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical, connected with the protection of exclusive rights
The contract concerns research and development services other than those referred to in Article 13 of Directive 2009/81/EC: no
The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the Directive: no
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
For supplies quoted and purchased on a commodity market: no
New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the Directive: no
Contract related to the provision of air and maritime transport services for the armed forces of a Member State deployed or to be deployed abroad, under the strict conditions stated in the Directive: no

IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
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

Contract No: 1
V.1)Date of contract award decision:
17.7.2018
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Nexter Systems
13, Route de la Minière
78034 Versailles Cedex
France
Internet address: www.nexter-group.fr

V.4)Information on value of contract
Total final value of the contract:
Value: 495 000,00 EUR
Excluding VAT
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:
The contract was concluded on 6.9.2018 without prior publication of a contract notice pursuant to Article 28(1)(e) of the Defence and Security Directive.
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Klagenævnet for Udbud
Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: http://www.klfu.dk

VI.3.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The FMI shall follow the procedure in Section 4 of the Board of Appeal (Consolidated Act No 593 of 2.6.2016 on the Public Procurement Appeals Board) available at: www.retsinformation.dk). The contract will not be concluded before the expiry of 10 calendar days with effect from the day following the date of publication of this Order, cf. § 4 (1), No 2, of the Board of Appeal.

According to Section 7 (3) of the Board of Appeal, a complaint concerning the fact that the contracting entity entered into a contract without prior publication of a contract notice in the European Union without prior publication of a contract notice in the European Union.
The Official Journal of the Union, in cases where a contracting entity has followed the procedure laid down in Section 4, shall be submitted to the Public Procurement Board within 30 calendar days from the day following the date on which the contracting entity published a contract;
Notice published in the Official Journal of the European Union stating that a contracting entity has concluded a contract, provided that the notice states the reasons for the decision of the contracting entity to award the contract without
Ex ante publication of a contract notice in the Official Journal of the European Union.
At the latest at the time of submitting a complaint to the Appeal Board for Public Procurement, the complainant shall inform the contracting entity in writing that the complaint is submitted to the Public Procurement Appeal Board and whether the complaint has been lodged during the 10 calendar day period laid down in Section 4 (1) (2). In addition, in cases where the appeal has not been lodged in the said period, the appellant shall also indicate whether or not suspensory effect is requested, see Section 12 (1).
Contact details of the Public Procurement Appeal Board are set out in point. VI.4.1).
The Complaints Board of Appeal for its own guidance on appeals is available on the website listed in point. VI.4.1).
VI.3.3)Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen
Carl Jacobssens Vej 35
2500 Valby
Denmark

VI.4)Date of dispatch of this notice:
8.10.2018