Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-07-16
Buyer: The Danish Defence Acquisition and Logistics Organization (DALO)
Country: DK
Region: DANMARK
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 35000000: Security, fire-fighting, police and defence equipment | 35512400 | 38113000 | 71351924

Technical requirements: Acquisition of maintenance, spare parts, software updates, support and phone support for Double Eagle MkIIS vehicles.
The framework agreement contains the acquisition of maintenance, spare parts, software updates, support and phone support for Double Eagle MkIIS underwater vehicles, both Remotely Operated Vehicles (ROV) and Semi Autonomous Remotely Operated Vehicles (SAROV). The framework agreement furthermore includes the education of operators and technicians for the Double Eagle MkIIS underwater vehicles. The duration of the framework agreement is stated to be 7 years.
The Danish Defence has an existing fleet of Double Eagle MkIIS underwater vehicles and the supplies and services under the framework agreement are supposed to ensure the operation of the existing fleet. The estimated value of the framework agreement is 21 000 000 DKK to 28 000 000 DKK.
Prior to the framework agreement DALO expects to purchase necessary supplies and services to ensure the operation of the existing fleet in the meantime (see Section II.2.4)). The estimated value of these purchases is 5 000 000 DKK.
The purchases prior to the framework agreement contain: 1) 3 Portable operator control boxes (POCB); 2) 3 motor 5 000; 3) 4 Electric unit servo rudders; 4) 9 Servo Unit Releases; 5) 5 Servomotors; 6) 3 Electronics Unit EU; 7) 5 Surface Application Computer SACs; 8) 2 Operators Control Boards; and 9) Various spare parts for the existing fleet of Double Eagle MkIIS underwater vehicles. The purchases concern also necessary services in order to ensure the operation of the existing fleet, including the integration of 1 existing Side Scan Sonar, type Sonardyne Solistic, to an existing Double Eagle SAROV. The total value of purchases prior to the framework agreement are estimated to an amount of 5 000 000 DKK.
The Framework agreement is awarded on the basis of Directive 2009/81/EC of the European Parliament and the Council article 28 (1) (e).
SAAB Dynamics AB owns all IP rights for the Double Eagle vehicles, including design rights, trademarks, production rights, inventions and discoveries, trade secrets, know-how and all technology in the corresponding systems, both mechanical/electrical and software/firmware. It is not possible for third parties to deliver SAAB specific spares, conduct substantial upgrades of or support SAAB software/firmware, due to the mentioned IP rights.
An alternative would be to substitute the existing fleet with an other underwater drone system. The economic consequences hereof will be extensive and they will by fare exceed the value of the framework agreement. Also it will result in a period without Double Eagle underwater operations, which is deemed to be up to 3 years.
The duration of the framework agreement will be 7 years, almost equal to the remaining life cycle of the Danish Double Eagle fleet.
DALO determines the award of the framework agreement without prior publication of a contract notice in the Official Journal of the European Union to be lawful.
Based on the above mentioned circumstances DALO also determines the purchase of supplies and services prior to the framework agreement and without prior publication of a contract notice in the Official Journal of the European Union to be lawful.
The date stated in section V.2.1) is the date for DALOs decision to award the framework agreement directly, and not the date for the contract signing. The framework agreement will not be signed before the expiration of a 10 days respite beginning from the publication of this voluntary ex ante transparency notice. Purchases prior to the framework agreement will neither be undertaken before the stated 10 days respite.
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. Danish Act No 492 of 12.5.2010 on Enforcement of the Procurement Rules § 4 (1) no 2. Time limit for lodging of complaint please see Danish act no 492 of 12.5.2010 on Enforcement of the Procurement Rules § 7(3). 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.