Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-12-12
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 | 50620000
Estimated value:  DKK
Award criteria: Lowest price

Technical requirements: DALO has an existing framework agreement regarding the acquisition of Follow-On Sustainment to Royal Danish MK 45 Caliber Mod. 04 Naval Gun System, including service, maintenance and spare parts with the undertaking, BAE Systems Land & Armaments L.P., U.S. Combat Systems ("BAE").
The framework agreement expires on 31 December 2017. DALO intends to extend the framework agreement with BAE for a period of 4 years for the amount of approximately 10.000.000 DKK. DALO intends to award the agreement to BAE in accordance with article 28(1)(e) of Directive 2009/81/EC, cf. as also described in section IV.1.1) below.
The framework agreement covers the delivery of spare parts and services, such as annual support, technical assistance, and training related to the equipment in question.
DALO intends to extend the existing framework agreement regarding the acquisition of Follow-On Sustainment to Royal Danish MK 45 Caliber Mod. 04 Naval Gun System, including service, maintenance and spare parts with BAE for a period of 4 years.
The framework agreement covers the delivery of spare parts and services, such as annual support, technical assistance, and training related to the equipment in question. Due to the fact that BAE is the only supplier certified to maintain the MK 45 Caliber Mod. 04 Naval Gun System and the only undertaking capable of delivering certified spare parts to the gun system, while only BAE has the necessary system documentation, the contract cannot be fulfilled by any other supplier for the reasons of protection of exclusive rights.
Furthermore, no other supplier can perform the maintenance etc. due to the absence of competition for technical reasons as only BAE has the specific and sufficient know-how regarding the equipment. 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 BAE and hence, DALO intents to award the agreement to BAE in accordance with article 28(1)(e) of Directive 2009/81/EC.
Regarding section II.2.1): The value stated constitutes DALO's assessment of the estimated value of the framework agreement for a 4 year period.
Regarding IV.2.1) Please note that 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.
The contract will not be entered into earlier than 10 days counted from the day after the publication of this Voluntary ex ante 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. Timelimit 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.