Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-06-17
Buyer: Danish Defence Acquisition and Logistics Organization (DALO)
Country: DK
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 35710000: Command and control systems
Estimated value: 251000000 DKK

Technical requirements: This notice does not concern the specific award of the framework Agreement regarding parts and services for tactical radios, as this has already been conducted, cf. also section VI.3) Additional information. Hence, this notice is published for information purposes only.
This notice shall be seen as a supplement to the voluntary ex ante transparency notice no. 2015/S 029-048883 by which DALO published that this framework agreement is question should be awarded to Harris Corporation RF Communications Division. Hence, this framework agreement has already been awarded which were the subject for the notice 2015/S 029-048883. The reason for this is that DALO deemed - and still deems - that, for technical reasons and for reasons connected with the protection of exclusive rights, the framework agreement may be awarded only to this particular supplier in accordance with article 28, litra e of directive 2009/81/EC. Consequently, this (supplementary) notice is being published for information purposes only, as DALO by document nr. 73 of 4.5.2017 (expressed by the date staed in V.2.1) has been assigned additional funds reserved for this already awarded framework agreement, which - together with a revised operational need for purchases under the framework agreement - has the (only) consequence that the specific framework agreement now is by DALO deemed to have a value of app. DKK 251.000.000. This new value does only concern spare parts and services already specified under the framework agreement and hence, shall not be seen as an expansion of the products and services which can be purchased under the framework agreement and does not in any way conflict with the conditions for awarding the framework agreement in the first place in accordance with article 28, litra e of the directive 2009/81/EC.
This notice shall be seen as a supplement to the voluntary ex ante transparency notice no. 2015/S 029-048883 by which DALO published that this framework agreement is question should be awarded to Harris Corporation RF Communications Division. Hence, this framework agreement has already been awarded which were the subject for the notice 2015/S 029-048883. The reason for this is that DALO deemed - and still deems - that, for technical reasons and for reasons connected with the protection of exclusive rights, the framework agreement may be awarded only to this particular supplier in accordance with article 28, litra e of directive 2009/81/EC. Consequently, this (supplementary) notice is being published for information purposes only, as DALO by document nr. 73 of 4.5.2017 (expressed by the date staed in V.2.1) has been assigned additional funds reserved for this already awarded framework agreement, which - together with a revised operational need for purchases under the framework agreement - has the (only) consequence that the specific framework agreement now is by DALO deemed to have a value of app. 251 000 000 DKK. This new value does only concern spare parts and services already specified under the framework agreement and hence, shall not be seen as an expansion of the products and services which can be purchased under the framework agreement and does not in any way conflict with the conditions for awarding the framework agreement in the first place in accordance with article 28, litra e of the directive 2009/81/EC.
The next purchase order under this contract in question 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 2.6.2016 on the Complaints
Board for Public Procurement (available at www.retsinformation.dk ) Procurement Rules § 4, (1), no. 2. Time limit for lodging of complaint please see Danish Consolidation Act no. 593 of 2.6.2016 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.


Winner: Harris Corporation RF Communications Division
Award value: 251000000