Public procurement notice: Contract Award Notice
Published: 2019-05-10
Buyer: Naviair
Country: DK
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 48120000 | 48121000 | 72212120
Award criteria: The most economic tender

Technical requirements: The air navigation service provider in Denmark, Naviair, wants to procure and put into operation remote tower and approach systems for initially Billund airport (EKBI) with options to enlarge the systems for more airports.
The air navigation service provider in Denmark, Naviair, wants to procure and put into operation remote tower and approach systems for initially Billund airport (EKBI) to be established in existing building facilities at Billund Airport (airside).
1) Be easily scalable with the addition of more airports to the system(s) in the renovated building; and
2) Include the potential procurement of an additional system — or an enlargement of the first system(s) — capable of supporting up to 10 airports and to be installed in another building — yet to be defined — at Billund Airport.
Due to a complaint regarding the remote tower and approach systems tender, which has now resulted in a ruling by the Danish Complaints Board for Public Procurement (in Danish: Klagenævnet for Udbud), Naviair has decided to annul the tender with immediate effect. According to the ruling Naviair has not complied with the principles of equal treatment and transparency as regards the pre-qualification criteria. Thus the Board has ruled that Naviair’s description of the pre-qualification criteria regarding minimum requirements to the candidate’s technical and professional ability (related specifically to the requirement that the candidate should demonstrate that he has delivered remote towers and approach systems (in operation or in final operational trial) within the past 3 years) was not clear and precise and thus was insufficient to form basis for pre-qualification. Therefore, the Board annulled Naviair’s decision not to pre-qualify Indra Navia AS.
As a consequence of Danish Act No 593 of 2.6.2016 on the enforcement of procurement rules, etc. there are following deadlines for lodging appeals in Denmark:
Complaints about not being pre-qualified shall be submitted to “Klagenævnet for Udbud” (Board of Appeal) within 20 calendar days from the day following the day on which the contracting entity has sent a notification with an explanation of the decision to interested applicants who have been pre-qualified. In other situations, the complaint against the tender or the decision must be submitted to “Klagenævnet for Udbud” before:
1) 45 days after the contracting entity has published a notice in the Official Journal stating that the contracting entity has entered into a contract. The period is calculated from the day following the day on which notice has been published,
2) 30 calendar days from the day following the day on which the contracting entity informed the tenderers that a contract based on a framework contract with reopening of competition or a dynamic purchasing system has been signed, if notification is given a brief explanation of the relevant reasons for the decision,
3) 6 months after the entity has signed a Framework Agreement — calculated from the day after the day on which the contracting entity informed the tenderers and candidates, cf. § 2 (2);
4) 20 calendar days from the day following the day on which the contracting entity has announced the decision according to the Danish law of procurement (No 1564 of 15.12.2015) § 185 (2) second sentence.
At the latest at the same time as an appeal is sent to “Klagenævnet for Udbud”, the appellant shall in writing inform the contracting entity that the complaint will be sent to “Klagenævnet for Udbud”, and whether the complaint is filed during the standstill period referred to in § 3. If the appeal has not been lodged in the standstill period, the appellant must also state whether it is requested that the appeal is granted delaying effect pursuant to § 12 (1).