Fakta om udbudet

EU-nr

2016/S 176-317008

Offentliggjort

13.09.2016

Udbudstype

Tildeling af kontrakt uden forudgående offentliggørelse

Udbyder

Danish Defence Acquisition and Logistics Organization

Vindere

(13.09.2016)
BAE Systems Information & Electronic Systems Integ
Cage Code 80249, 450 Pulaski Road, NY
11740-1606 Greenlawn, United States

Identification friend or foe radars

Danish Defence Acquisition and Logistics Organization

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)

Danish Defence Acquisition and Logistics Organization
Lautrupbjerg 1-5
2750 Ballerup
Denmark
Telephone: +45 51594165
E-mail: asla@kammeradvokaten.dk

Internet address(es):

General address of the contracting authority/entity: http://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

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

Identification friend or foe radars.

II.1.2) Type of contract and location of works, place of delivery or of performance

Services
Service category No 1: Maintenance and repair services

NUTS code DK

II.1.3) Information on framework agreement

II.1.4) Short description of the contract or purchase(s):

The Danish Defence and Logistic Organization (DALO) has established a framework agreement for the sustainment and service of IFF (Identification Friend or Foe) Digital Interrogator AN/UPX-37/41 and IFF Transponder AN/APX-117/123 installed on vessels in the Danish Navy. The IFF systems will potentially be installed on future vessels as well. The existing system consists of a complete system from BAE Systems and it is vital that these systems are fully functional to support the demand from the Danish Defence Units in action. The supplier of the existing equipment — BAE Systems — has indicated a capacity to maintain the equipment and supply spare parts.

II.1.5) Common procurement vocabulary (CPV)

32352200, 32352100

II.2) Total final value of contract(s)

II.2.1) Total final value of contract(s)

Value: 16 400 000 DKK
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 2004/18/EC
1) Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC or 2004/17/EC respectively
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical, connected with the protection of exclusive rights
Due to the fact that the existing equipment was provided by BAE Systems and BAE Systems have exclusive rights to the equipment, no other entity can provide service of spare parts for this specific system. In addition, the required technical know-how can be found only at BAE Systems. Finally, any operator wishing to interact or repair the systems would need access to the interface or create a new interface at the cost of approx. 2 DKK-3 000 000 pr. module which would amount to 32 DKK-48 000 000 for the entire system network. This would be disproportionate to the value of the framework agreement.

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

7511300

IV.3.2) Previous publication(s) concerning the same contract

Voluntary ex ante transparency notice

Notice number in the OJEU: 2016/S 109-195443 of 6.6.2016

Section V: Award of contract

Contract No: 4600004244

V.1) Date of contract award decision:

19.8.2016

V.2) Information about offers

V.3) Name and address of economic operator in favour of whom the contract award decision has been taken

BAE Systems Information & Electronic Systems Integration, Inc
Cage Code 80249, 450 Pulaski Road, NY
11740-1606 Greenlawn
United States

V.4) Information on value of contract

Total final value of the contract:
Value: 16 400 000 DKK
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 value indicated in this notice is an estimated value as the exact value of the framework agreement is not known.

VI.3) Procedures for appeal

VI.3.1) Body responsible for appeal procedures

Klagenævnet for Udbud (The Complaints Board for Public Procurement)
Dahlerups Pakhus, Langelinie Allé 17
2100 Copenhagen Ø
Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291095
Internet address: http://erhvervsstyrelsen.dk/klagenævnet-for-udbud

VI.3.2) Lodging of appeals

Precise information on deadline(s) for lodging appeals: Pursuant to Danish Act on The Complaints Board for Public Procurement (Act No 492 of 12.5.2010 with subsequent amendments — available at www.retsinformation.dk), the following time limits for filing a complaint apply.

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision. Other complaints must be filed with The Complaints Board for Public Procurement within:
1) 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);
2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision;

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Danish Act on Public Procurement (Act No.1564 of 15.12.2015 — available at: www.retsinformation.dk);

5) 30 calender days after the contracting authority has published a contract award notice in the Official Journal of the European Union if the contracting authority has followed the procedure in § 4 in the Danish Act on The Complaints Board for Public Procurement.
The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the standstill period, cf. § 6(4) of the act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.
The e-mail of The Complaints Board for Public Procurement is stated in Section VI.3.1)
The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in Section VI.3.1)

VI.3.3) Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens Vej 35
2500 Valby
Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://kfst.dk

VI.4) Date of dispatch of this notice:

8.9.2016