Admendment to Agreement No. 4600004720 regarding sustainment of HF Radio Communication equipment consisting of Thales Series 6000 HF Transmitter and Receiver equipment

DALO intends to amend/extend a framework agreement entered into in 2017 with further 5 years. The agreement concerns sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment. The agreement covers the delivery of spare parts, documentation and sustainment services such …

CPV: 32344200 Receptores de radio, 32344210 Equipo de radio, 50333000 Servicios de mantenimiento de equipo de radiocomunicaciones
Lugar de ejecución:
Admendment to Agreement No. 4600004720 regarding sustainment of HF Radio Communication equipment consisting of Thales Series 6000 HF Transmitter and Receiver equipment
Organismo adjudicador:
Danish Defence Acquisition and Logistics Organization (DALO)
Número de premio:
4037328

1. Buyer

1.1 Buyer

Official name : Danish Defence Acquisition and Logistics Organization (DALO)
Legal type of the buyer : Central government authority
The buyer is a contracting entity
Activity of the contracting authority : Defence

2. Procedure

2.1 Procedure

Title : Admendment to Agreement No. 4600004720 regarding sustainment of HF Radio Communication equipment consisting of Thales Series 6000 HF Transmitter and Receiver equipment
Description : DALO intends to amend/extend a framework agreement entered into in 2017 with further 5 years. The agreement concerns sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment. The agreement covers the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question.
Procedure identifier : 5c003840-e230-45f2-b09b-43e1058d1a51
Previous notice : 488803-2017
Internal identifier : 4037328
Type of procedure : Negotiated without prior call for competition

2.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 32344210 Radio equipment
Additional classification ( cpv ): 32344200 Radio receivers
Additional classification ( cpv ): 50333000 Maintenance services of radio-communications equipment

2.1.2 Place of performance

Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark

2.1.4 General information

Additional information : The agreement with Thales UK Ltd. entered into in 2017 which by the amendment will be further extended with 5 years covers the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question. Thales UK Ltd. holds the exclusive rights and the full documentation of the equipment in question. Further, only Thales UK Ltd. holds the exclusive rights and has the specific and sufficient know-how regarding the equipment necessary to deliver spare parts to the equipment without compromising the need for a complete fully interoperability in order to secure the complete functioning of the equipment. Finally, only Thales UK Ltd. has the sufficient level of documentation and specific know-how regarding the equipment and spare parts to deliver the relevant sustainment services. Hence, due to the nature of the acquisition in question and the circumstances related hereto, it is DALO assessment that, for technical reasons and reasons connected with the protection of exclusive rights, the framework agreement can only be awarded to Thales UK Ltd. and hence, the DALO intents to award the agreement to Thales UK Ltd. in accordance with article 28(1)(e) of Directive 2009/81/EC. Both “absence of competition for technical reasons" and "protection of exclusive rights, including intellectual property rights" are relevant as reasons for abovementioned justification. The value of the framework agreement in the extension period is estimated to DKK 13 million and the total value of the framework agreement in the total duration is thus estimated to DKK 23,7 million. Further, The extension/amendment will be awarded without prior publication of a contract notice and hence, the conduction of a tender procedure. Consequently, no award criteria has been relevant for the award of the contract.
Legal basis :
Directive 2009/81/EC
Directive 2009/81/EC. Art. 28(1)(e). - Due to the nature of the acquisition in question and the circumstances related hereto, it is DALO assessment that, for technical reasons and reasons connected with the protection of exclusive rights, the framework agreement can only be awarded to Thales UK and hence, the DALO intents to extend the agreement to Thales UK in accordance with article 28(1)(e) of Directive 2009/81/EC.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : Admendment to Agreement No. 4600004720 regarding sustainment of HF Radio Communication equipment consisting of Thales Series 6000 HF Transmitter and Receiver equipment
Description : DALO intends to amend/extend a framework agreement entered into in 2017 with further 5 years. The agreement concerns sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment. The agreement covers the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question.
Internal identifier : 4037328

5.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 32344210 Radio equipment
Additional classification ( cpv ): 32344200 Radio receivers
Additional classification ( cpv ): 50333000 Maintenance services of radio-communications equipment

5.1.2 Place of performance

Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Additional information :

5.1.3 Estimated duration

Start date : 01/01/2025
Duration end date : 31/12/2029

5.1.6 General information

Procurement Project not financed with EU Funds.
Additional information : The agreement with Thales UK Ltd. entered into in 2017 which by the amendment will be further extended with 5 years covers the delivery of spare parts, documentation and sustainment services such as repair and support-services related to the equipment in question. Thales UK Ltd. holds the exclusive rights and the full documentation of the equipment in question. Further, only Thales UK Ltd. holds the exclusive rights and has the specific and sufficient know-how regarding the equipment necessary to deliver spare parts to the equipment without compromising the need for a complete fully interoperability in order to secure the complete functioning of the equipment. Finally, only Thales UK Ltd. has the sufficient level of documentation and specific know-how regarding the equipment and spare parts to deliver the relevant sustainment services. Hence, due to the nature of the acquisition in question and the circumstances related hereto, it is DALO assessment that, for technical reasons and reasons connected with the protection of exclusive rights, the framework agreement can only be awarded to Thales UK Ltd. and hence, the DALO intents to award the agreement to Thales UK Ltd. in accordance with article 28(1)(e) of Directive 2009/81/EC. Both “absence of competition for technical reasons" and "protection of exclusive rights, including intellectual property rights" are relevant as reasons for abovementioned justification. The value of the framework agreement in the extension period is estimated to DKK 13 million and the total value of the framework agreement in the total duration is thus estimated to DKK 23,7 million. Further, The extension/amendment will be awarded without prior publication of a contract notice and hence, the conduction of a tender procedure. Consequently, no award criteria has been relevant for the award of the contract.

5.1.12 Terms of procurement

Information about review deadlines : The extension/Amendment of the Agreement 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 Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk). Procurement Rules § 4, (1), no. 2. Time limit for lodging of complaint please see Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) § 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.

5.1.15 Techniques

Framework agreement :
Framework agreement, without reopening of competition

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud
Organisation providing information concerning the general regulatory framework for taxes applicable in the place where the contract is to be performed : Konkurrence- og Forbrugerstyrelsen
Organisation signing the contract : Danish Defence Acquisition and Logistics Organization (DALO)
TED eSender : Mercell Holding ASA

6. Results

6.1 Result lot ldentifier : LOT-0000

6.1.2 Information about winners

Winner :
Official name : Thales UK Ltd.
Tender :
Tender identifier : Thales UK Ltd.
Identifier of lot or group of lots : LOT-0000
Contract information :
Identifier of the contract : Framework agreement regarding sustainment of HF Radio Communication System equipment consisting of Thales UK Ltd.’s Series 600 HF Transmitter and Receiver equipment
The contract is awarded within a framework agreement : no
Organisation signing the contract : Danish Defence Acquisition and Logistics Organization (DALO)

8. Organisations

8.1 ORG-0001

Official name : Danish Defence Acquisition and Logistics Organization (DALO)
Registration number : 16287180
Postal address : Lautrupbjerg 1-5
Town : Ballerup
Postcode : 2750
Country subdivision (NUTS) : Københavns omegn ( DK012 )
Country : Denmark
Contact point : Legal adviser; Thomas Impgaard Sørensen
Telephone : +45 25100537
Internet address : https://www.fmi.dk
Roles of this organisation :
Buyer
Organisation signing the contract

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : 37795526
Postal address : Nævnenes Hus, Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Vestjylland ( DK041 )
Country : Denmark
Telephone : +45 72405600
Information exchange endpoint (URL) : https://erhvervsstyrelsen.dk/klagevejledning-0
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : 10294819
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Telephone : +45 41715000
Internet address : http://www.kfst.dk
Roles of this organisation :
Organisation providing information concerning the general regulatory framework for taxes applicable in the place where the contract is to be performed

8.1 ORG-0004

Official name : Thales UK Ltd.
Size of the economic operator : Large
Registration number : 00868273
Postal address : 350 Longwater Avenue
Town : Reading
Postcode : RG2 6GF
Country subdivision (NUTS) : Berkshire ( UKJ11 )
Country : United Kingdom
Telephone : +44 1189434500
Roles of this organisation :
Tenderer
Winner of these lots : LOT-0000

8.1 ORG-0005

Official name : Mercell Holding ASA
Registration number : 980921565
Postal address : Askekroken 11
Town : Oslo
Postcode : 0277
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Contact point : eSender
Telephone : +47 21018800
Fax : +47 21018801
Internet address : http://mercell.com/
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : fd360156-5141-459c-9890-6eba48efd17d - 01
Form type : Direct award preannouncement
Notice type : Voluntary ex-ante transparency notice
Notice dispatch date : 20/12/2024 13:30 +00:00
Notice dispatch date (eSender) : 20/12/2024 14:00 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00794824-2024
OJ S issue number : 250/2024
Publication date : 24/12/2024