Windhoff - Framework agreement for spare parts and

Public notice of intent under the provisions of the Supply regulations § 17-5. To whom it may concern, Bane NOR SF intends, pursuant to Section 9-3 b 3. of the Supply Regulations, to enter into a framework agreement with the Supplier Windhoff Bahn- und Anlagentechnik GmbH for services and/or parts …

CPV: 34631000 Parts of locomotives or rolling stock, 34621000 Railway maintenance or service vehicles, and railway freight wagons
Place of execution:
Windhoff - Framework agreement for spare parts and
Awarding body:
Bane NOR SF
Award number:
202308617

1. Buyer

1.1 Buyer

Official name : Bane NOR SF

2. Procedure

2.1 Procedure

Title : Windhoff - Framework agreement for spare parts and
Description : Public notice of intent under the provisions of the Supply regulations § 17-5. To whom it may concern, Bane NOR SF intends, pursuant to Section 9-3 b 3. of the Supply Regulations, to enter into a framework agreement with the Supplier Windhoff Bahn- und Anlagentechnik GmbH for services and/or parts for yellow work machines for railways. Bane NOR wants to enter into direct negotiations with the Supplier with the aim of establishing an agreement that meets our needs as described below: The agreement shall ensure that Bane NOR gets all the necessary spare parts, updated software and maintenance services for the manufacturer's specific vehicles. The fact that Bane NOR manages a fleet of reliable work machines should in turn contribute to meeting the railway's requirements for safety, and in addition protect Bane NOR's rights regarding vehicles that are in a warranty period (if the warranty agreement requires this). These railway vehicles have been procured from the said supplier during the period 2018 to 2024. The spare parts are mainly parts for which the Supplier owns drawings and intellectual property rights. Parts/services and necessary expertise that the Supplier does not own the rights to shall also be able to be traded through the agreement but shall also be able to be purchased on the open market through normal procedures in line with public procurements. The estimated total value of the procurement, including options, excl. VAT, is 48 000 000 NOK, and the duration of the contract will be 5 years, with an option for an additional 1 + 1 + 1 year, for a total of 8 years. If anyone should be of the opinion that this intended agreement is not to be subsumed under the aforementioned rule of exemption, kindly notify the undersigned as soon as possible, no later than two weeks after the publication of this announcement. The entering into the agreement will then be put on hold until the objection has been processed in accordance with the Act of 17/06/2016 no. 73 relating to public procurements (Norwegian Procurements Act) and Part I and Part II of the regulations of 12/08/2016 no. 975 relating to supply sector purchases (the Supply Regulations).
Procedure identifier : 4e105eb0-b3cc-455b-abbb-06fad47bc0aa
Internal identifier : 202308617
Type of procedure : Negotiated without prior call for competition

2.1.1 Purpose

Main nature of the contract : Supplies
Additional nature of the contract : Services
Main classification ( cpv ): 34631000 Parts of locomotives or rolling stock
Additional classification ( cpv ): 34621000 Railway maintenance or service vehicles, and railway freight wagons

2.1.2 Place of performance

Country : Norway
Anywhere in the given country

2.1.4 General information

Legal basis :
Directive 2014/25/EU
Forsyningsforskriften § 9-3 b 3 - § 9-3.Terms for procurements without competition The contracting authority can hold a procurement without a competition if b. the procurement concerns services that only a specific supplier can deliver because 3. The tenderer has the sole right, including intellectual property rights.
Forsyningsforskriften § 17-5 - § 17-5.Intention notice If the contracting authority believes that he has the right to enter into a contract without announcing the competition in accordance with § 17-2, he can, after the choice of tenderer has been decided, announce that the contract will be signed by publishing an intention notice.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Windhoff - Framework agreement for spare parts and
Description : Public notice of intent under the provisions of the Supply regulations § 17-5. To whom it may concern, Bane NOR SF intends, pursuant to Section 9-3 b 3. of the Supply Regulations, to enter into a framework agreement with the Supplier Windhoff Bahn- und Anlagentechnik GmbH for services and/or parts for yellow work machines for railways. Bane NOR wants to enter into direct negotiations with the Supplier with the aim of establishing an agreement that meets our needs as described below: The agreement shall ensure that Bane NOR gets all the necessary spare parts, updated software and maintenance services for the manufacturer's specific vehicles. The fact that Bane NOR manages a fleet of reliable work machines should in turn contribute to meeting the railway's requirements for safety, and in addition protect Bane NOR's rights regarding vehicles that are in a warranty period (if the warranty agreement requires this). These railway vehicles have been procured from the said supplier during the period 2018 to 2024. The spare parts are mainly parts for which the Supplier owns drawings and intellectual property rights. Parts/services and necessary expertise that the Supplier does not own the rights to shall also be able to be traded through the agreement but shall also be able to be purchased on the open market through normal procedures in line with public procurements. The estimated total value of the procurement, including options, excl. VAT, is 48 000 000 NOK, and the duration of the contract will be 5 years, with an option for an additional 1 + 1 + 1 year, for a total of 8 years. If anyone should be of the opinion that this intended agreement is not to be subsumed under the aforementioned rule of exemption, kindly notify the undersigned as soon as possible, no later than two weeks after the publication of this announcement. The entering into the agreement will then be put on hold until the objection has been processed in accordance with the Act of 17/06/2016 no. 73 relating to public procurements (Norwegian Procurements Act) and Part I and Part II of the regulations of 12/08/2016 no. 975 relating to supply sector purchases (the Supply Regulations).
Internal identifier : 202308617

5.1.1 Purpose

Main nature of the contract : Supplies
Additional nature of the contract : Services
Main classification ( cpv ): 34631000 Parts of locomotives or rolling stock
Additional classification ( cpv ): 34621000 Railway maintenance or service vehicles, and railway freight wagons
Options :
Description of the options : Extensions

5.1.2 Place of performance

Country : Norway
Anywhere in the given country
Additional information :

5.1.3 Estimated duration

Duration : 8 Year

5.1.4 Renewal

Maximum renewals : 4
The buyer reserves the right for additional purchases from the contractor, as described here : 4 x 1 year.

5.1.6 General information

Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : no

5.1.12 Terms of procurement

Information about review deadlines : 16 December 2024

5.1.15 Techniques

Framework agreement :
Framework agreement, without reopening of competition

5.1.16 Further information, mediation and review

Mediation organisation : Oslo tingrett
Review organisation : Oslo tingrett
Organisation providing information concerning the general regulatory framework for taxes applicable in the place where the contract is to be performed : Oslo tingrett
Organisation providing information concerning the general regulatory framework for environmental protection applicable in the place where the contract is to be performed : Oslo tingrett
Organisation providing information concerning the general regulatory framework for employment protection and working conditions applicable in the place where the contract is to be performed : Oslo tingrett
Organisation providing additional information about the procurement procedure : Bane NOR SF
Organisation providing offline access to the procurement documents : Bane NOR SF
Organisation providing more information on the review procedures : Oslo tingrett
Organisation whose budget is used to pay for the contract : Bane NOR SF
Organisation executing the payment : Bane NOR SF
Organisation signing the contract : Bane NOR SF

6. Results

Value of all contracts awarded in this notice : 48 000 000 Norwegian krone
Maximum value of the framework agreements in this procedure : 48 000 000 Norwegian krone
Approximate value of the framework agreements : 48 000 000 Norwegian krone

6.1 Result lot ldentifier : LOT-0000

Framework agreement :
Maximum value of the framework agreement : 48 000 000 Norwegian krone
Re-estimated value of the framework agreement : 48 000 000 Norwegian krone

6.1.2 Information about winners

Winner :
Official name : Windhoff Bahn- und Anlagentechnik GmbH
Tender :
Tender identifier : Tilbud Windhoff
Identifier of lot or group of lots : LOT-0000
Value of the result : 48 000 000 Norwegian krone
The tender was ranked : no
Subcontracting value is known : no
Subcontracting percentage is known : no
Contract information :
Identifier of the contract : Kontrakt Windhoff
Title : Windhoff - Framework agreement on spare parts and competence
Date on which the winner was chosen : 31/10/2024
The contract is awarded within a framework agreement : no
Organisation signing the contract : Bane NOR SF

8. Organisations

8.1 ORG-0001

Official name : Bane NOR SF
Registration number : 917082308
Department : 30114 Energi og transport
Postal address : Postboks 4350
Town : HAMAR
Postcode : 2308
Country : Norway
Contact point : Pål Hesby
Telephone : +47 22 45 50 00
Internet address : https://www.banenor.no
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation signing the contract
Organisation whose budget is used to pay for the contract
Organisation executing the payment

8.1 ORG-0002

Official name : Oslo tingrett
Registration number : 926 725 939
Postal address : Postboks 2106 Vika
Town : Oslo
Postcode : 0125
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Telephone : 22 03 52 00
Roles of this organisation :
Review organisation
Organisation providing more information on the review procedures
Mediation organisation
Organisation providing information concerning the general regulatory framework for taxes applicable in the place where the contract is to be performed
Organisation providing information concerning the general regulatory framework for environmental protection applicable in the place where the contract is to be performed
Organisation providing information concerning the general regulatory framework for employment protection and working conditions applicable in the place where the contract is to be performed

8.1 ORG-0003

Official name : Windhoff Bahn- und Anlagentechnik GmbH
Size of the economic operator : Large
Registration number : DE813428909
Postal address : Hovestraße 10
Town : Rheine
Postcode : 48431
Country subdivision (NUTS) : Osnabrück, Kreisfreie Stadt ( DE944 )
Country : Germany
Contact point : Anita Riebandt
Telephone : +49 597158454
Internet address : https://www.windhoff.de/
Roles of this organisation :
Tenderer
Winner of these lots : LOT-0000
The winner is listed on a regulated market

11. Notice information

11.1 Notice information

Notice identifier/version : a3d0e974-c56a-4819-abff-93087658669b - 01
Form type : Direct award preannouncement
Notice type : Voluntary ex-ante transparency notice
Notice dispatch date : 12/11/2024 09:58 +00:00
Notice dispatch date (eSender) : 12/11/2024 09:58 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00691262-2024
OJ S issue number : 221/2024
Publication date : 13/11/2024