Acquisition of mobile data radios, spare parts and related services
Danish Defence Acquisition and Logistics Organization (DALO)
Voluntary ex ante transparency notice
This notice is covered by: Directive 2009/81/EC(Defence)
Section I: Contracting authority/entity
I.1) Name, addresses and contact point(s)
Danish Defence Acquisition and Logistics Organization (DALO)
DK
Lautrupsbjerg 1-5
For the attention of: Nicolaus Falk
2750 Ballerup
Denmark
Telephone: +45 72307869
E-mail: nifa@kammeradvokaten.dk
Internet address(es):
General address of the contracting authority/entity: http://www.forsvaret.dk/fmi
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
1.4) Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no
Section II: Object of the contract
II.1) Description
II.1.1) Title attributed to the contract
Acquisition of mobile data radios, spare parts and related services.
II.1.2) Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
II.1.3) Information about a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4) Short description of the contract or purchase(s)
The framework agreement contains the acquisition of data radios and the subsequent purchase of spare parts and services related to the operation of the data radios. The duration of the framework agreement is stated to be 15 years. The Danish Defence has an existing data radio network comprising several 100 already existing data radios. The existing data radios were purchased under a framework agreement with Exelis which expired in October 2015. The data radios to be bought under the framework agreement shall be integrated in the existing data radio network. Data radios shall be installed in vehicles and make them able to communicate and exchange information.
II.1.5) Common procurement vocabulary (CPV)
35711000, 35710000, 35700000, 35000000
II.6) Information about Government Procurement Agreement (GPA)
II.2) Total final value of contract(s)
II.2.1) Total final value of contract(s)
Value: 200 000 000 DKK
Excluding VAT
Section IV: Procedure
IV.1) Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
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
Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract falls outside the scope of application of the Directive
The Framework agreement is awarded on the basis of Directive 2009/81/EC of the European Parliament and of the Council article 28, (1), (e). The data radios to be bought under the framework agreement shall be integrated in the existing Danish Defence data radio network. Exelis has the exclusive rights for the data radios OFDM waveform and all the IP-rights for the operating software. Data radios can only communicate with data radios using the same OFDM waveform. Entering into a contract with another supplier will result in DALO either have to substitute the existing data radio network with new data radios or it will include comprehensive operational and technical testing and modification of vehicles. The economic consequences hereof will be extensive and they are deemed to be almost equal to the value of the framework agreement. Also it will result in a period without data radio operation, which is deemed to be up to 3 years. DALO determines the award of the contract without prior publication of a contract notice in the Official Journal of the European Union to be lawful.
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/entity
IV.3.2) Previous publication(s) concerning the same contract
Section V: Award of contract
V.1) Date of contract award decision:
V.2) Information about offers
V.3) Name and address of economic operator in favour of whom the contract award decision has been taken
Exelis Defence Limited
Hampshire
RG22 4BA Basingstoke
United Kingdom
V.4) Information on value of contract
Initial estimated total value of the contract:
Value: 200 000 000 DKK
Excluding VAT
Total final value of the contract:
Value: 200 000 000 DKK
Excluding VAT
V.5) Information about subcontracting
Section VI: Complementary information
VI.1) Information about European Union funds
VI.2) Additional information:
VI.3) Procedures for appeal
VI.3.1) Body responsible for appeal procedures
Klagenævnet for Udbud
Dehlerups Pakhus, Langelinie Allé 17
2100 København Ø
Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291095
Internet address: http://kflu.dk
VI.3.2) Lodging of appeals
Precise information on deadline(s) for lodging appeals The contract will not be entered into earlier than 10 days counted from the day after the publication of this voluntary ex ante transparency notice, cf. Danish Act No 492 of 12.5.2010 on Enforcement of the Procurement Rules § 4, (1), No 2. Time limit for lodging of complaint please see Danish Act No 492 of 12.5.2010 on Enforcement of the Procurement Rules § 7, (3). 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.
VI.3.3) Service from which information about the lodging of appeals may be obtained
Konkurrence og Forbrugerstyrelsen
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715100
Internet address: http://kfst.dk
VI.4) Date of dispatch of this notice:
7.6.2016