Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2025-09-26
Buyer: Hitachi Rail S.p.A.
Country: DK
Region: DK011
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 34630000 | 34631000 | 34632000 | 50220000 | 71311230
Estimated value: 500000000 DKK
Submission deadline: 2045-03-29

Technical requirements: Previously, Metroselskabet I/S (hereafter “Metroselskabet”) tendered out the transportation system contracts for the M1-M4 lines of the Copenhagen Metro. The contracts were awarded to Hitachi Rail STS S.p.A. (hereafter “the Supplier”). Under the contracts, the Supplier has provided a number of systems / assets. These systems / assets include, in particular, passenger vehicles and automatic train control (ATC) (and are hereafter collectively referred to as “the Systems”). The Systems are essential for the operation and functionality of the Copenhagen Metro and are generally characterized by a very high degree of technical complexity and by their reliance on specialized knowledge and insight into the Systems, their coherence, software, etc. on a deeper level.
Due to technical reasons and exclusive rights, the Supplier is the only economic operator who is able to supply certain specific spare parts, repairs of spare parts, technical support (on-site and subject to strict response times) and engineering services (remote) related to certain subsystems of the Systems (hereafter “the Deliverables”). Metroselskabet therefore intends to conclude a new agreement with the Supplier covering supply of the Deliverables (hereafter “the Agreement”). The scope of the Agreement encompasses Deliverables for all existing lines (M1-M4), including future extensions to these lines to the extent that the Systems will also be used for such extensions. Further, the scope of the Agreement also includes Deliverables for interfaces from the passenger vehicles and the ATC to other elements of the transportation system.
The Agreement shall supplement the contract regarding operation and maintenance of the Copenhagen Metro M1-M4 (hereafter “the O&M Contract”) which has been put out to  tender by Metroselskabet, see Contract Notice No. 471641-2025 (and potentially also later O&M contracts). The O&M Contract will include the vast majority of services, parts, etc. required for the metro. As an example, the operator under the O&M Contract will be responsible for the greater part of the fault finding, corrective and preventive maintenance, etc., whereas the Supplier will only be engaged when an issue cannot be resolved by the operator / requires support on higher and more complex maintenance levels. 
The Agreement is expected to be concluded in the fall of 2025 after which a mobilization period shall commence. The actual commencement of the Agreement will, with certain exceptions, occur when the O&M Contract becomes effective (expected in September 2026). The duration of the Agreement shall be until the 29 September 2032. However, Metroselskabet may extend the Agreement for a total of up to 144 months (that is, until 29 September 2044, at the latest). Further, the Supplier shall be available for providing assistance for a period  of up to 6 months after the expiry or termination of the Agreement in order to facilitate the transition to a future scenario where the Deliverables, in whole or in part, are no longer required (due to e.g. the end of life of the Systems).
Metroselskabet follows the procedure outlined in § 4 of the Complaints Board Act (Act No. 492 of May 12, 2010, with later amendments). The Agreement will not be entered into until the expiration of 10 calendar days, starting from the day after the publication of this notice, in accordance with § 4, subsection 1, no. 2 of the Complaints Board Act.
According to § 7, subsection 3 of the Complaints Board Act, a complaint alleging that the contracting authority has entered into an agreement without prior publication of a contract notice in the Official Journal of the European Union, in violation of procurement regulations, must be submitted to the Complaints Board for Public Procurement within 30 calendar days, starting from the day after the contracting authority has published a notice in the Official Journal of the European Union stating that an agreement has been entered into, provided that the notice includes the reasoning for the contracting authority's decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. At the latest, when submitting a complaint to the Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint has been submitted to the Complaints Board for Public Procurement and whether the complaint has been submitted within the 10-calendar-day period specified in § 4, subsection 1, no. 2. If the complaint is not submitted within that period, the complainant must also state whether suspensive effect is being requested, in accordance with § 12, subsection 1. 
The Complaints Board for Public Procurement’s own guidelines on complaints are available on the Board's website.
As stated above, Metroselskabet may extend the Agreement for a total of up to 144 months (that is, until 29 September 2044, at the latest). Extensions may be exercised an unlimited number of times at Metroselskabet’s discretion (however only up to a total of 144 months) and the maximum number of renewals stated above (6) is thus indicative only. 
Further, there is the potential transition assistance for a period of up to 6 months after the expiry or termination of the Agreement.


Winner: Hitachi Rail STS S.p.A.