Danish Defence Acquisition and Logistics Organization (DALO) Lautrupbjerg 1-5 Ballerup 2750 Line Westh liwe@kammeradvokaten.dk www.fmi.dk Addendum to a contract regarding Electro Optical Systems (EO-systems) for RDAF EH101 helicopters including sustainment DALO has entered into a contract regarding the acquisition of EO-systems to be used on the RDAF EH101 helicopters, including the purchase of all necessary spare parts, support and maintenance, upgrades, support equipment, documentation and training needed for keeping the EO-systems operational. The contract has been awarded to Wescam, cf. contract award notice 2013/S 156-272307. DALO intends to conclude an addendum to the existing contract with Wescam. 2711730.00 The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. This voluntary ex ante transparency notice is published since it has been decided to optimize the EO systems, which involves the procurement of new spare parts and a software upgrade. It is DALO’s assessment that the optimization of the EO systems does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender process. The addendum includes the following changes to the existing framework agreement: (A) an update to the contract's existing list of spare parts (Appendix ASC-G) to include prices of spare parts needed in order to optimize the EO systems. The net value of the change constitutes approximately 2 711 730 DKK. The award of the contract has been subject to prior publication of a Contract Notice in the OJEU/TED, and a full procurement process has been conducted. This voluntary ex ante transparency notice is published since it has been decided to optimize the EO systems. The change covered by the addendum involves the procurement of spare parts not listed in the list of spare parts in Appendix ASC-G to the contract as well as new versions of the spare parts listed in Appendix ASC-G. The contract entered into between DALO and Wescam has clauses, which provides for the possibility to purchase new spare parts and new version of spare parts already listed in the spare part list included as an appendix to the contract. Hence, it is DALO’s assessment that the optimization of the EO systems does not constitute a material change of the contract and hence, that the change can be performed within the limits of the conducted tender proces. Furthermore, the change falls inside the scope of allowed changes of contracts, as described in the Danish Procurement Act. 2012/S 172-284275 4600003202 Acquisition and Sustainment Contract regarding Electro Optical Systems for RDAF EH101 Helicopters 2018-01-22 Wescam Inc. 649 North Service Rd. W. Burlington, Ontario L7P 5B9 2711730.00 Klagenævnet for Udbud Nævnenes Hus, Toldboden 2 Viborg 8800 +45 35291000 klfu@naevneneshus.dk https://erhvervsstyrelsen.dk/klagevejledning-0 The addendum will not be entered into earlier than after the expiration of a standstill period of 10 days counted from the day after the publication of this voluntary ex ante transparancy notice, cf. Danish Consolidation Act no 590 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk) § 4(1), no. 2. Time limit for lodging of complaint, please see Danish Consolidation Act no. 590 of 2.6.2016 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. Konkurrence- og forbrugerstyrelsen (The Danish Competition and Consumer Authority) Carl Jacobsens Vej 35 Valby 2500 +45 41715000 kfst@kfst.dk www.kfst.dk 2018-01-25
See tender at TED: http://ted.europa.eu/udl?uri=TED:NOTICE:040466-2018:TEXT:EN:HTML