Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2018-12-21
Buyer: A/S Storebælt
Country: DK
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 34927000 | 34970000 | 71334000 | 72000000 | 72220000: Systems and technical consultancy services
Estimated value: 7422819.11 EUR

Technical requirements: Transfer of contract - acquisition, implementation and maintenance of a toll collecting system at Great Belt Bridge
In 2017 and 2018, A/S Storebælt had a competitive dialogue regarding a contract about the acquisition, implementation and maintenance of a toll-collecting system at Great Belt Bridge. The contract was awarded to and subsequently concluded with the firm Q-Free ASA.
As part of a restructuring according to company law, Q-Free ASA has asked A/S Storebælt to accept that the contract concluded can be transferred by Q-Free ASA to a newly established Danish subsidiary, Q-Free Denmark ApS.
A/S Storebælt has accepted the transfer on a number of conditions according to which the transfer must be made in accordance with the requirements of section 182 of the Danish Public Procurement Act. The transfer conditions are described in detail below.
No material changes will be made to the contract previously concluded between A/S Storebælt and Q-Free ASA as part of the transfer.
The change will not be effected until after the present announcement has been published in the Supplement to the European Journal and after a standstill period of 10 days.
A/S Storebælt is of the opinion that replacement of Q-Free ASA with Q-Free Denmark ApS in the contract concluded will be carried out in full compliance with the Danish Public Procurement Act.
Consequently, there will be no fundamental changes to the contract concluded, as the replacement is carried out as part of a restructuring of Q-Free ASA according to company law, and as the original criteria for qualitative selection are observed, cf. section 182 of the Public Procurement Act and the decision of the European Court of Justice in case no C-454/06, Pressetext.
Thus it is one of the conditions for the acceptance by A/S Storebælt of Q-Free ASA's transfer of the contract to Q-Free Denmark ApS that Q-Free ASA makes its financial capacity available in proportion to the task and is jointly liable with Q-Free Denmark ApS for the fulfilment of the contract. It is also a condition for the acceptance by A/S Storebælt of the transfer that Q-Free ASA makes its technical capacity available to Q-Free Denmark ApS with a view to fulfilling the contract in accordance with the application and the offer made in connection with the procedure.
Furthermore, it has been documented that Q-Free Denmark ApS is not in any of the exclusionary situations applicable in the procedure. Finally, it must be pointed out that no other changes are made to the contract in addition to the change of contracting party.
It should be noted that A/S Storebælt does not have any independent interest in the change of contracting party, but that as a loyal contract party, A/S Storebælt wants to comply with the request made by Q-Free ASA.
The change will not be effected until after the present announcement has been published in the Supplement to the European Journal and after a standstill period of ten days.
The change will not be effected until after the present announcement has been published in the Supplement to the European Journal and after a standstill period of 10 days.
Complaint regarding A/S Storebælt's award of contract without prior publication of a contract notice in the European Union Official Journal must be submitted no later than 30 calendar days from the date after a contract award notice has been published by A/S Storebælt in the European Union Official Journal cf. the Danish Act on the Complaints Board for Public Procurement § 7, section 3.


Winner: Q-Free Denmark ApS
Award value: 7422819.11