Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-12-13
Buyer: Danish Air Force Home Guard (DAFHG)
Country: DK
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 34711100: Fixed-wing aircraft | 50211000: Repair and maintenance services of aircraft
Estimated value: 260000 DKK

Technical requirements: The Danish Air Force Home Guard (“DAFHG”) (in Danish: "Flyverhjemmeværnet") has conducted a tender procedure pursuant to contract notice 2014/S 058-096948 concerning a contract for lease of 2 multi-engine piston aircraft. The contract was awarded to CAE Aviation Sarl (“CAE”), and the aircraft were delivered in October 2015 with a lease period of 5 years and an option for extension for additional 2 years. DAFHG now has the need to implement a technical change to the aircrafts concerning the installation of mufflers to reduce noise. The value stated in section II.2.7 and V.2.4 is the value of the amendment to the contract for the remaining part of the contract period including the option for extension for 2 years.
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 DAFHG plans to conclude an amendment to the contract concerning installation of mufflers on the 2 aircraft. It is DAFHG’s assessment that the amendment is in accordance with the criteria in the Danish Public Procurement Act (executive order 1564 of 15 December 2015, in Danish "Udbudsloven"), Section 178(2), and hence that the amendment does not materially change the contract and thus can be performed within the limits of the conducted tender procedure.
Furthermore, it is the assessment of DAFHG that the amendment would in any event fulfill the requirements in the Danish Public Procurement Act, Section 183, concerning unforeseen changes, and would for that reason not constitute a material change of the contract and thus be permissible within the limits of the conducted tender procedure.
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. the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) section 4, (1), no. 2.
Pursuant to Section 7(3) of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement, in the case where the contracting authority has followed the procedure in section 4, complaints regarding that a contracting authority has entered into a contract without prior publication of a contract notice in the Official Journal of the European Union must be filed with The Complaints Board for Public Procurement within 30 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), provided that the contract award notice includes a short account of the relevant reasons for the decision.
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.


Winner: CAE Aviation Sarl Luxembourg
Award value: 260000