Addendum to a contract regarding Electro Optical Systems (EO-systems) for RDAF EH101 helicopters including sustainment

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: Line Westh
E-mail: liwe@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:

Addendum to a contract regarding Electro Optical Systems (EO-systems) for RDAF EH101 helicopters including sustainment

II.1.2) Main CPV code

35720000

II.1.3) Type of contract

Supplies

II.1.4) Short description:

DALO has entered into a contract regarding the acquisition of EO-systems to be used on the RDAF EH101 helicopters, including the purchase of all necessary spare parts, support and maintenance, upgrades, support equipment, documentation and training needed for keeping the EO-systems operational.

The contract has been awarded to Wescam, cf. contract award notice 2013/S 156-272307. DALO intends to conclude an addendum to the existing contract with Wescam.

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: 2 711 730.00 DKK

II.2) Description

II.2.1) Title:

II.2.2) Additional CPV code(s)

II.2.3) Place of performance

NUTS code: DK

II.2.4) Description of the procurement:

The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. This voluntary ex ante transparency notice is published since it has been decided to optimize the EO systems, which involves the procurement of new spare parts and a software upgrade. It is DALO’s assessment that the optimization of the EO systems does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender process. The addendum includes the following changes to the existing framework agreement:

(A) an update to the contract's existing list of spare parts (Appendix ASC-G) to include prices of spare parts needed in order to optimize the EO systems. The net value of the change constitutes approximately 2 711 730 DKK.

II.2.5) Award criteria

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

Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below

The procurement falls outside the scope of application of the directive

Explanation:

The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. This voluntary ex ante transparency notice is published since it has been decided to optimize the EO systems. The change covered by the addendum involves the procurement of spare parts not listed in the list of spare parts in Appendix ASC-G to the contract as well as new versions of the spare parts listed in Appendix ASC-G. The contract entered into between DALO and Wescam has clauses, which provides for the possibility to purchase new spare parts and new version of spare parts already listed in the spare part list included as an appendix to the contract. Hence, it is DALO’s assessment that the optimization of the EO systems does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender proces. Furthermore, the change falls inside the scope of allowed changes of contracts, as described in the Danish Procurement Act.

IV.1.3) Information about 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

Notice number in the OJ S: 2012/S 172-284275

Section V: Award of contract/concession

Contract No: 4600003202

Title:

Acquisition and Sustainment Contract regarding Electro Optical Systems for RDAF EH101 Helicopters

V.2) Award of contract/concession

V.2.1) Date of contract award decision:

22/01/2018

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

Wescam Inc.
649 North Service Rd. W.
Burlington, Ontario
L7P 5B9
Canada
NUTS code: 00

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: 2 711 730.00 DKK

V.2.5) Information about subcontracting

Section VI: Complementary information

VI.3) Additional information:

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 addendum will not be entered into earlier than after the expiration of a standstill period of 10 days counted from the day after the publication of this voluntary ex ante transparancy notice, cf. Danish Consolidation Act no 590 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) § 4(1), no. 2. Time limit for lodging of complaint, please see Danish Consolidation Act no. 590 of 2.6.2016 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:

25/01/2018

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Addendum to a contract regarding Electro Optical Systems (EO-systems) for RDAF EH101 helicopters including sustainment

Danish Defence Acquisition and Logistics Organization (DALO)

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