Public procurement notice: Contract Award Notice
Published: 2016-08-17
Buyer: Danish Defence Acquisition and Logistic Organization (DALO)
Country: DK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 50211210: Aircraft engine repair services

Technical requirements: The contract regards service and maintenance of the Danish Defence's RTM322 engines to the EH101 helicopters, including spare parts and special tools. The purpose of this contract is to ensure that the engines will be serviceable and that the helicopters at all times are airworthy and crash-worthy. In order to be airworthy and crash-worthy the European Aviation Safety Agency has decided that only companies authorised by the National Aviation Authority can perform the service and maintenance of the engines. Furthermore only certified spare parts with a Part Number from the producers IPC can be used. The undertaking Turbomecca is the only supplier certified to maintain and repair RTM322 engines and the only undertaking that is capable of delivering certified Spare Parts, while only Turbomecca has the necessary system documentation. Therefore DALO has entered into a contract with Turbomecca regarding service and maintenance of the RTM322 engines.
Due to the fact that Turbomecca is the only supplier certified to maintain and repair RTM322 engines and the only undertaking capable of delivering certified Spare Parts to the RTM322 engines, while only Turbomecca has the necessary system documentation, the contract cannot be fulfilled by any other supplier for the reasons of protection of exclusive rights, including intellectual property rights. Furthermore no other supplier can perform the maintenance, etc. due to the absence of competition for technical reasons as only Turbomecca holds the system documentation and is the only certified supplier. Accordingly the contract was excluded from Directive 2004/18/EF, cf. article 31, litra 1 (b).
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) § 7, the following time limits for filing a complaint apply:
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 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) if the contracting authority has followed the procedure in § 4 of the above mentioned Act and the complaint regards the contracting authority's conclusion of a contract without prior publication of a contract notice in conflict with Directive 2004/18/EC of the European Parliament and of the Council.
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. The complainant must also state 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 following internet address: http://erhvervsstyrelsen.dk/klagenaevnet-for-udbud


Winner: Turbomeca Germany GmbH