Services - 456487-2016

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23/12/2016    S248    Services - Contract award notice - Contract award without prior publication 

Denmark-Ballerup: Installation services of electrical and mechanical equipment

2016/S 248-456487

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

Services

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Official name: Danish Defence Acquisition and Logistics Organization
Postal address: Lautrupbjerg 1-5
Town: Ballerup
Postal code: 2750
Country: Denmark
For the attention of: Viggo Lemche
E-mail: fmi-la-koa05@mil.dk
Telephone: +45 72814755

Internet address(es):

General address of the contracting authority/entity: http://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
Contract regarding series production of Midlife Update, integration of Army's Tactical Communication Network, and maintenance and repair services to Leopard 2 System Denmark.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 3: Defence services, military defence services and civil defence services

NUTS code DE

II.1.3)Information on framework agreement
II.1.4)Short description of the contract or purchase(s):
The contract comprises the performance of a series production of a Midlife Update (hereafter ‘MLU’) on 38 units of Main Battle Tanks of Leopard 2 System Denmark (hereafter ‘MBTs’).
The MLU comprises among other things the following topics/services:
— Increase of fire power,
— Increase of overall protection,
— Increase of mobility,
— Integration of Danish Armies Tactical Communications Network,
— Implementation of battlefield experiences,
— Improvement of ergonomics and handling of obsolescence items, and
— Various maintenance and repair services.
Furthermore, the MLU will prepare the MBTs for additional upgrades.
Out of the 38 MBTs, 22 units will only be updated with a basic modification package, while 16 units will be updated with a full modification package (including integration of L55A1 barrel and mine protection plate).
II.1.5)Common procurement vocabulary (CPV)

51100000, 51300000, 50600000, 35411100

II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 112 605 780 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
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical, connected with the protection of exclusive rights
Danish Defence Acquisition and Logistics Organization (DALO) has assessed that, for technical reasons and for reasons connected with the protection of exclusive rights, the contract may be awarded only to a particular economic operator; that is Krauss-Maffei Wegmann GmbH & Co KG. It is thus DALO's view that there are no other entities that can carry out this task. The reason for this is, among other things, the following:
(1) It is a prerequisite that the supplier has access to (and is full familiar with) the drawings etc. of the Leopard 2 System Denmark, which only Kraus-Maffei Wegmann GmbH & Co KG has.
(2) It is a prerequisite that the supplier has full knowledge about and insight in the requirements and the integration of the relevant software and hardware components, which only Kraus-Maffei Wegmann GmbH & Co KG has. Furthermore, Kraus-Maffei Wegmann GmbH & Co KG has the exclusive rights to several of these components.
(3) It is a requirement that the supplier undertakes to provide full guarantee on the MBTs, which only Kraus-Maffei Wegmann GmbH & Co KG will be able to do due to its framework agreement with DALO regarding Post Production Support. The MBTs are highly complex systems and due to the dangerous nature of the products, the safety requirements (e.g. regarding weapon systems and maneuverability) are extremely high. Therefore, the fulfilment of the mentioned prerequisites/requirement is of paramount importance.
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
no

Section V: Award of contract

V.1)Date of contract award decision:
21.12.2016
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: Krauss-Maffei Wegmann GmbH & Co. KG
Postal address: Krauss-Maffei-Str. 11
Town: Munich
Postal code: 80997
Country: Germany
Internet address: www.kmweg.de

V.4)Information on value of contract
Total final value of the contract:
Value: 112 605 780 EUR
Excluding VAT
V.5)Information about subcontracting
The contract is likely to be sub-contracted: yes
Value or proportion of the contract likely to be sub-contracted to third parties:
Not known

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: Klagenævnet for Udbud (The complaints Board for Public Procurement)
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291095
Internet address: http://klfu.dk

VI.3.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Complaints must be filed with The Complaints Board for Public Procurement within 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date). However, if the tender concerns a framework agreement complaints must be filed with The Complaints Board for Public Procurement within 6 months after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement if the notification included a short account of the relevant reasons for the decision.
The complaint must be in Danish.
The complainant must inform the contracting authority of the appeal in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the appeal has not been lodged in the standstill period, the appellant must also state whether it is requested that the appeal is granted delaying effect.
VI.3.3)Service from which information about the lodging of appeals may be obtained

Official name: Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark

VI.4)Date of dispatch of this notice:
21.12.2016