Public procurement notice: Contract Award Notice
Published: 2017-12-22
Buyer: Danish Defence Acquisition and Logistics Organization (DALO)
Country: DK
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 35300000: Weapons, ammunition and associated parts
Estimated value:  DKK

Technical requirements: DALO has pursuant to voluntary ex ante transparency notice 2017/S 231-482883 entered into a contract regarding combat vehicle ammunition, various types of grenades, smoke grenades, hand grenades, ammunition for machine guns and guns (9 mm), anti-tank weapons (M72) as well as ammunition and laser and reflectors sights for M72. The acquisition more specifically consists of 120 mm TPCSDS-T (DM88), 40 x 53 mm practice with impact marker, 40 x 46 mm HE FRAG, hand grenade smoke green 60 seconds, hand grenade smoke red 60 seconds, 9 x19 mm NATO FMJ, 40 x 46 mm smoke green, hand grenade Expandable complete 4 seconds, M72 EC LAW, M72 ASM RC, M72 21 mm training ammunition, M72 Training system, reflectors sights and laser sights for M72. DALO will acquire the supplies through the NATO Support and Procurement Agency (NSPA) via various acquisition methods.
The acquisition has taken place through the NATO Supply and Procurement Agency (NSPA) via various acquisition methods. The 120 mm TPCSDS-T (DM88) was acquired through a NSPA Random Brokerage Service (RBS) contract from Rheinmetall Waffe Munition GmbH. The remaining part of the ammunition, etc., was acquired through NSPA's e-Catalogues (e-Cat) framework agreements. The products will be delivered by the following suppliers: The 40 x 53 mm practice with impact marker, hand grenade smoke green 60 seconds, hand grenade smoke red 60 seconds, 40 x 46 mm smoke green, and hand grenade Expandable complete 4 seconds will be delivered by Rheinmetall Waffe Munition GmbH. The 40 x 46 mm HE FRAG will be delivered by Arcus. The 9 mm NATO FMJ will be delivered by Sellier & Bellot. M72 EC LAW, M72 ASM RC, M72 21 mm training ammunition, M72 Training system, reflectors sights and laser sights for M72 will be delivered by Nammo AS. RBS and e-Cat contracts are governed by the specific procedural rules of NSPA and are thus excluded from the scope of the defence and security procurement directive (directive 2009/81/EC), cf. Article 12(a) and (c).
The contract was entered into later than 10 days counted from the day after the publication of the voluntary ex ante transparency notice (2017/S 231-482883), cf. the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) section 4, (1), no. 2.
Pursuant to Section 7(3) of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement, in the case where the contracting authority has followed the procedure in section 4, complaints regarding that a contracting authority has entered into a contract without prior publication of a contract notice in the Official Journal of the European Union must be filed with The Complaints Board for Public Procurement within 30 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), provided that the contract award notice includes a short account of the relevant reasons for the decision.
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 it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said Act.
The Complaints Board for Public Procurement’s own guidance note concerning complaints is available at the Internet address stated in section VI.3.1.