Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2018-02-09
Buyer: Metroselskabet I/S
Country: DK
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 34622200
Award criteria: Lowest price

Technical requirements: The contracts comprise 8 additional passenger vehicles to the existing metro system in Copenhagen, M1M2, in order to satisfy the need for increasing the passenger capacity.
The contract comprises 8 additional passenger vehicles to the existing metro system in Copenhagen, M1M2. M1M2 was taken into operation in several phases between 2002 and 2007.
The original fleet consists of 34 passenger vehicles. The vehicles supplied at that time were specifically designed for operation on M1M2 and include onboard systems, which have particular functional design integration to allow the vehicles to operate within the M1M2 infrastructure. In order to satisfy the need for increasing the passenger capacity, it is necessary to purchase 8 additional passenger vehicles.
The new passenger Vehicles must be fully compatible with the existing wayside systems and thereby dimensionally and functionally identical with the existing driverless and unmanned passenger vehicles, which have been manufactured and integrated by Hitachi Rail Italy S.p.A. and Ansaldo STS S.p.A. In order to ensure full compliance with the existing transportation system on M1M2, the 8 new passenger vehicles must be purchased and integrated by the same companies, Hitachi Rail Italy S.p.A. and Ansaldo STS S.p.A.
The additional passenger vehicles must be fully integrated with the existing transportation system and the existing operation and maintenance systems of M1M2 and must, therefore, use identical technical solutions for all systems that interface to the train equipment for control and monitoring.
These systems include the train control, propulsion, breaking, and communication as well as interfacing to subsidiary systems for proper monitoring of functionality.
Consequently, the level of the interface reaches into almost all aspects of the vehicle operation, and the design is specially tailored to the technology of the chosen passenger vehicles for M1M2. In order to obtain a technically compliant solution that corresponds with the technical demands of the transportation system regarding the control system, communication, ATC, and passenger information etc., it is necessary to purchase the additional passenger vehicles from the suppliers of the existing passenger vehicles.
A purchase from a new supplier will not be compliant with the existing transportation system or will at least cause Metroselskabet disproportionate and excessive expenses for an alternative and adjusted solution because M1M2 is a unique design with an unusual size and very specific functional and performance requirements. These requirements are not generic and there is no "off the shelf" alternative design that could be proposed.
Furthermore, a purchase from the existing suppliers is necessary in order to obtain the necessary safety approvals. In order to ensure safe, reliable, and stable operation, it is necessary to use the same technology and vehicles which have already been purchased for M1M2.
On this basis, it is Metroselskabet's opinion that the additional vehicles can only be purchased from the suppliers of the existing passenger vehicles, Hitachi Rail Italy S.p.A. and Ansaldo STS S.p.A, and under article 50 (c) (ii) of the Utilities Directive (2014/25/EU).
Complaints against the contract award to Hitachi Rail Italy S.p.A. without prior publication of a contract notice must be submitted to the Danish Complaints Board ("Klagenævnet for Udbud"), cf. part VI.4.1 above, no later than 30 calendar days from the day after the publication of this ex ante transparency notice.


Winner: Hitachi Rail Italy S.p.A