Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-06-04
Buyer: Danish Defence Acquisition and Logistics Organization (DALO)
Country: DK
Region: DANMARK
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 35412200 | 35420000: Parts of military vehicles | 35421000: Parts and accessories for tanks | 35421100 | 44510000
Estimated value: 5200000000 DKK
Award criteria: Other

Technical requirements: DALO has entered into a contract regarding the acquisition and sustainment of 309 Armoured Personnel Carriers (APCs) for replacement of the existing fleet for the entire Danish Army. The contract has been awarded to General Dynamics European Land Systems — Mowag GmbH, cf. contract award notice 2015/S 244-443533 concerning the acquisition contract and contract award notice 2015/S 244-443532 concerning the sustainment contract.
The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. This voluntary ex ante transparency notice is published since it has been decided to replace the engine of the Armoured Personnel Carriers (APCs) with a different engine compared to the engine offered in the winning tender. The change of the engine will not lead to increased costs for DALO and it is expected that the replacement will entail a slightly lower cost. The offered APC has undergone renewed testing with the new engine to validate fulfilment of all requirements of the tender, which was achieved. The change will have no consequence for the time schedule for delivery of the APCs. It is DALO's assessment that the change of the engine does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender process.
The total number of APCs can be adjusted within the limits stated in the contract notice (between 206 and 450). Further, the tender encompassed a number of technical options which were further described in the tender material.
The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. The contract for acquisition and sustainment of 309 Armoured Personnel Carriers (APCs) has been awarded to General Dynamics European Land Systems — Mowag GmbH, cf. contract award notice 2015/S 244-443533 concerning the acquisition contract and contract award notice 2015/S 244-443532 concerning the sustainment contract.
This voluntary ex ante transparency notice is published since it has been decided to replace the engine of the APCs with a different engine compared to the engine offered in the winning tender. The change of the engine will not lead to increased costs for DALO and it is expected that the replacement will entail a slightly lower cost. The offered APC has undergone renewed testing with the new engine to validate fulfilment of all requirements of the tender, which was achieved. The change will have no consequence for the time schedule for delivery of the APCs.
It is DALO's assessment that the change of the engine does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender process.
The stated total final value of the contract for 309 APCs, cf. II.1.7) and V.2.4) covers the price of the acquisition contract as well as the sustainment contract.
If the Contracting Authority have followed the procedure provided by section 4 of the Danish Act No 492 of 12.5.2010 with subsequent amendments regarding enforcement of the rules for procurement, etc. complaints regarding that a Contracting authority in non-compliance with the public procurement directive has awarded a contract without publication of a contract notice in Official Journal of the European Union must be filed with The Complaints Board for Public Procurement within 30 calendar days starting the day after the day on which the contracting authority has published a voluntary ex ante transparency notice in OJEU/TED, cf. section 7(3) of the Danish Act No 492 of 12.5.2010.
Other complaints must be filed with The Complaints Board for Public Procurement within 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).
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. The complainant shall state whether the complaint has been lodged in the standstill period. 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.


Award value: 5200000000