Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-11-29
Buyer: The Danish Acquisition and Logistics Organization (DALO)
Country: DK
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 35330000: Ammunition
Estimated value: 4318967.52 CHF

Technical requirements: DALO wishes to procure 35 mm x 228 mm calibre air burst munition for the Danish Defence's land forces. DALO requires the delivery of both training ammunition of the type TP-T and live ammunition of the type HEI-T. Both types are characterised by having hard casings in the form of steel cartridges. For safety reasons it is a strict requirement the ammunition is certified for use in the Bushmaster III cannon in the armoured vehicle CV9035 supplied by BAE Systems Hägglunds (BAE), the system house for the vehicle. Soft casings cannot be accepted for this particular system.
DALO will purchase ammunition for use in training and missions with the CV9035 armored vehicles, which are fitted with the Bushmaster III cannon. It is noted that this particular ammunition differs from the ammunition which has recently been purchased through negotiated procedures with prior publication of contract notices due to the requirement of hard casings for this particular cannon. DALO needs the first consignment to be delivered no later than November 2018 and the last consignment no later than March 2019.
For safety reasons it is a strict requirement that the ammunition is certified for use in the Bushmaster III cannon used in the armoured vehicle CV9035 by BAE Systems Hägglunds (BAE), the system house for this particular vehicle. Soft casings cannot be accepted for this particular system due to the risk of the ammunition not being fed properly to the cannon, the risk of ammunition getting stuck in the cannon prior to firing, and the risk of casings not being expelled properly after firing. DALO has requested information on certification holders from BAE as well as RWM Schweiz AG, and both have confirmed that RWM Schweiz AG is the only certified producer of HEI-T and TP-T with hard casings for the Busmaster III. DALO requires delivery of both types of ammunition in late 2018 andearly 2019.
According to Article 28(1)(e) of Directive 2009/81/EC, a contracting authority may award contracts by a negotiated procedure without prior publication of a contract notice when, for technical reasons or reasons connected with the protection of exclusive rights, the contract may be awarded only to a particular economic operator. To DALO's best knowledge no other supplier is currently undergoing the certification process, and there is thus only one supplier. DALO therefore deems the conditions for contract award without prior publication stated in Article 28(1)(e) with regard to technical reasons to be fulfilled. For this reason DALO has decided to award the contract to RWM Schweiz AG.
Pursuant to Section 3 of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.
Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:
1) 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).
2) 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision.
3) 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision.
4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. the principle in § 185(2) of the Public Procurement Act (act no. 1564 of15.12.2015 — available at www.retsinformation.dk).
The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.
The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the internet address stated in section VI.4.1.


Winner: RWM Schweiz AG
Award value: 4318967.52