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Fakta om udbudet

EU-nr
2017/S 235-488803
Offentliggjort
07.12.2017
Udbudstype
Udbud med forhandling uden forudgående offentliggørelse

Udbyder

Danish Defence Acquisition and Logistics Organization (DALO)

Vindere

(07.12.2017)
Thales UK Ltd.
350, Longwater Avenue, Green Park
RG2 6BF Reading

Framework agreement regarding sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment


Danish Defence Acquisition and Logistics Organization (DALO)

Voluntary ex ante transparency notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1) Name and addresses
Danish Defence Acquisition and Logistics Organization (DALO)
Lautrupbjerg 1-5
Ballerup
2750
Denmark
Contact person: Legal adviser; Jesper Kristensen
Telephone: +45 72575999
E-mail: jek@kammeradvokaten.dk
NUTS code: DK

Internet address(es):

Main address: www.fmi.dk

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Defence

Section II: Object

II.1) Scope of the procurement
II.1.1) Title:

Framework agreement regarding sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment.

II.1.2) Main CPV code
50333100
II.1.3) Type of contract
Supplies
II.1.4) Short description:

DALO intends to enter into a framework agreement with a duration of 7 years regarding sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment.

The agreement shall cover the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question.

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: 10 700 000.00 DKK
II.2) Description
II.2.1) Title:
II.2.2) Additional CPV code(s)
32344210
50333000
32344200
II.2.3) Place of performance
NUTS code: DK
II.2.4) Description of the procurement:

DALO intends to enter into a framework agreement regarding sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment.

The agreement shall cover the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question. DALO intends to award the agreement to Thales UK Ltd. in accordance with article 28(1)(e) of the Directive 2009/81/EC, cf. as also described in section IV.1.1) below.

II.2.5) Award criteria
Lowest price
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 publication of a contract notice
  • The works, supplies or services can be provided only by a particular economic operator for the following reason:
    • absence of competition for technical reasons
Explanation:

DALO intends to enter into a framework agreement regarding sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment.

The agreement shall cover the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question.

Thales UK Ltd. holds the exclusive rights and the full documentation of the equipment in question. Furthermore, only Thales UK Ltd. holds the exclusive rights and has the specific and sufficient know-how regarding the equipment necessary to deliver spare parts to the equipment without compromising the need for a complete fully interoperability in order to secure the complete functioning of the equipment.

Finally, only Thales UK Ltd. has the sufficient level of documentation and specific know-how regarding the equipment and spare parts to deliver the relevant sustainment services.

Hence, due to the nature of the acquisition in question and the circumstances related hereto, it is DALO assessment that, for technical reasons and reasons connected with the protection of exclusive rights, the framework agreement can only be awarded to Thales UK Ltd. and hence, the DALO intents to award the agreement to Thales UK Ltd. in accordance with article 28(1)(e) of Directive 2009/81/EC.

NOTE: That both "absence of competition for technical reasons" and "protection of exclusive rights, including intellectual property rights" are relevant as reasons for abovementioned justification.

IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
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:
05/12/2017
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
Thales UK Ltd.
00868273
350, Longwater Avenue, Green Park
Reading
RG2 6BF
United Kingdom
Telephone: +44 1189434500
NUTS code: UK

Internet address:www.thalesgroup.com

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: 10 700 000.00 DKK
V.2.5) Information about subcontracting

Section VI: Complementary information

VI.3) Additional information:

Regarding section II.1.7) and V.2.4); the value stated constitutes DALO's assessment of the estimated value of the contract.

Regarding II.2.5).

NOTE: The contract will be awarded without prior publication of a contract notice and hence, the conduction of a tender procedure. Consequently, no award criteria has been relevant for the award of the contract.

VI.4) Procedures for review
VI.4.1) Review body
Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 35291000
E-mail: klfu@naevneneshus.dk

Internet address:https://erhvervsstyrelsen.dk/klagevejledning-0

VI.4.2) Body responsible for mediation procedures
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:

The contract will not be entered into earlier than 10 days counted from the day after the publication of this Voluntary Exante transparency notice cf.Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk).

Procurement Rules § 4, (1), no. 2. Time limit for lodging of complaint please see Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) § 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.4.4) Service from which information about the review procedure may be obtained
Konkurrence- og Forbrugerstyrelsen (The Danish Competition and Consumer Authority)
Carl Jacobsens vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

Internet address:www.kfst.dk

VI.5) Date of dispatch of this notice:
05/12/2017

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