{"bekendtgoerelseNoegle":{"noticeId":{"value":"c16103ad-d66c-437a-a9fd-002a1f76f07b"},"noticeVersion":{"value":"01"},"noticePublicationNumber":{"value":"00756823-2023"}},"htmlDA":"\n\n \n 1 Køber1.1 Køber\n Køberens retlige status: Offentlig virksomhed\n Den ordregivende enheds aktiviteter: Jernbanetjenester\n \n \n 2 Procedure2.1 ProcedureTitel: New Trains – Supply and Maintenance of Electronic Trainsets\n Beskrivelse: Through tender notice no. 2018/S 120-274572 dated June 22, 2018, published on June\n 26, 2018, DSB (Danish State Railways) tendered out agreements for the procurement\n of 'New Trains – Supply and Maintenance of Electronic Trainsets', at an estimated\n value of 50 billion Danish Kroner. The tender was carried out in accordance with the\n Utilities Directive (2014/25/EU). DSB announces with this notice that DSB has entered\n into an agreement to amend the contract, cf. further details on this in sections 2.1\n and 5.1. DSB has submitted voluntary ex-ante transparency notice no. 731310-2023 concerning\n the amendments to the contract. During the project execution the parties have disagreed\n about the responsibility for delay of Milestones in the Project Time Schedule and\n MPM Time Schedule and about certain issues regarding the Reliability regime of the\n agreements. Furthermore the parties have disagreed regarding a number of raised claims,\n Variations and Issues. The parties have agreed to settle these matters without changing\n the economic balance of the agreements in favour of Alstom Transport Danmark A/S (\"the\n supplier\") in a manner which was not provided for in the agreements and while maintaining\n the overall balance of the respective rights and obligations of the parties. The parties\n have therefore agreed to the following amendments: 1. Changes to the Reliability Regime\n in terms of a) exclusion of Significant Defects on four specific STM-DK components\n (however, capped), b) adjustment of parts of the stepwise improvements during Reliability\n Demonstration Phase, c) change of requirements for Trial Operation Test for the first\n five trainsets so more than five trainsets (up to seven trainsets) can be used for\n the Trial Operation Test in Denmark, the number of Defects allowed are reset for the\n Trial Operation Test in Denmark and modifications will be allowed during the Trial\n Operation Test outside Denmark under certain conditions, d) increase of the Reliability\n Target for Significant Defects and decrease of the Reliability Target for Major Defects\n and e) introduction of an additonal Reliability Performance Penalty. 2. Change concerning\n time of delivery. The date of the Preliminary Take Over (PTO) of the first trainset\n has been postponed by 19 months and an additional penalty for delay has been introduced.\n 3. Monetary compensation converted into trainsets. DSB will receive a number of trainsets\n at no cost and will have the possibility to receive an additional number of trainsets\n at no cost, if DSB submits an Additional Purchase Order for additional trainsets within\n a certain time frame. A new bonus regime has also been implemented in form of a “win\n back” mechanism, whereby the supplier can “win back” payment for some of the additional\n trainsets. 4. Settlement of a number of other disagreements regarding raised claims,\n Variations and Issues.\n Identifikator for proceduren: cb622631-4479-450f-bff6-6e61b9c2fb64\n Tidligere bekendtgørelse: 274572-2018\n Tidligere bekendtgørelse: 316231-2021\n Tidligere bekendtgørelse: 731310-2023\n Udbudsprocedure: Udbud med forhandling uden forudgående offentliggørelse\n 2.1.1 Formål\n Primær klassificering (cpv): 34600000 Lokomotiver og motorvogne samt rullende materiel og tilhørende dele\n Yderligere klassificering (cpv): 34620000 Rullende materiel\n Yderligere klassificering (cpv): 34622000 Passagervogne til jernbaner og sporveje samt trolleybusser\n Yderligere klassificering (cpv): 34622200 Passagervogne til jernbaner\n Yderligere klassificering (cpv): 34630000 Dele til lokomotiver, vogne eller andet rullende materiel til jernbaner eller sporveje; udstyr til jernbanetrafikregulering\n Yderligere klassificering (cpv): 34631000 Dele til lokomotiver eller rullende materiel\n Yderligere klassificering (cpv): 50220000 Reparation, vedligeholdelse og tilhørende tjenesteydelser vedrørende jernbaner og andet udstyr\n Yderligere klassificering (cpv): 50222000 Reparation og vedligeholdelse af rullende materiel\n \n 2.1.4 Generelle oplysninger\n \n \n \n \n 5 Delkontrakt5.1 Teknisk ID for partiet: LOT-0001Titel: New Trains – Supply and Maintenance of Electronic Trainsets\n Beskrivelse: Through tender notice no. 2018/S 120-274572 dated June 22, 2018, published on June\n 26, 2018, DSB (Danish State Railways) tendered out agreements for the procurement\n of 'New Trains – Supply and Maintenance of Electronic Trainsets', at an estimated\n value of 50 billion Danish Kroner. The tender was carried out in accordance with the\n Utilities Directive (2014/25/EU). DSB announces with this notice that DSB has entered\n into an agreement to amend the contract, cf. further details on this in sections 2.1\n and 5.1. DSB has submitted voluntary ex-ante transparency notice no. 731310-2023 concerning\n the amendments to the contract. During the project execution the parties have disagreed\n about the responsibility for delay of Milestones in the Project Time Schedule and\n MPM Time Schedule and about certain issues regarding the Reliability regime of the\n agreements. Furthermore the parties have disagreed regarding a number of raised claims,\n Variations and Issues. The parties have agreed to settle these matters without changing\n the economic balance of the agreements in favour of the supplier in a manner which\n was not provided for in the agreements and while maintaining the overall balance of\n the respective rights and obligations of the parties. The parties have therefore agreed\n to the following amendments: 1. Changes to the Reliability Regime in terms of a) exclusion\n of Significant Defects on four specific STM-DK components (however, capped), b) adjustment\n of parts of the stepwise improvements during Reliability Demonstration Phase, c) change\n of requirements for Trial Operation Test for the first five trainsets so more than\n five trainsets (up to seven trainsets) can be used for the Trial Operation Test in\n Denmark, the number of Defects allowed are reset for the Trial Operation Test in Denmark\n and modifications will be allowed during the Trial Operation Test outside Denmark\n under certain conditions, d) increase of the Reliability Target for Significant Defects\n and decrease of the Reliability Target for Major Defects and e) introduction of an\n additonal Reliability Performance Penalty. 2. Change concerning time of delivery.\n The date of the Preliminary Take Over (PTO) of the first trainset has been postponed\n by 19 months and an additional penalty for delay has been introduced. 3. Monetary\n compensation converted into trainsets. DSB will receive a number of trainsets at no\n cost and will have the possibility to receive an additional number of trainsets at\n no cost, if DSB submits an Additional Purchase Order for additional trainsets within\n a certain time frame. A new bonus regime has also been implemented in form of a “win\n back” mechanism, whereby the supplier can “win back” payment for some of the additional\n trainsets. 4. Settlement of a number of other disagreements regarding raised claims,\n Variations and Issues.\n Intern identifikator: New Trains – Supply and Maintenance of Electronic Trainsets\n 5.1.1 Formål\n Primær klassificering (cpv): 34600000 Lokomotiver og motorvogne samt rullende materiel og tilhørende dele\n Yderligere klassificering (cpv): 34620000 Rullende materiel\n Yderligere klassificering (cpv): 34622000 Passagervogne til jernbaner og sporveje samt trolleybusser\n Yderligere klassificering (cpv): 34622200 Passagervogne til jernbaner\n Yderligere klassificering (cpv): 34630000 Dele til lokomotiver, vogne eller andet rullende materiel til jernbaner eller sporveje; udstyr til jernbanetrafikregulering\n Yderligere klassificering (cpv): 34631000 Dele til lokomotiver eller rullende materiel\n Yderligere klassificering (cpv): 50220000 Reparation, vedligeholdelse og tilhørende tjenesteydelser vedrørende jernbaner og andet udstyr\n Yderligere klassificering (cpv): 50222000 Reparation og vedligeholdelse af rullende materiel\n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Byen København (DK011)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Københavns omegn (DK012)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Nordsjælland (DK013)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Bornholm (DK014)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Østsjælland (DK021)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Vest- og Sydsjælland (DK022)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Fyn (DK031)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Sydjylland (DK032)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Vestjylland (DK041)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Østjylland (DK042)\n \n \n \n 5.1.2 UdførelsesstedLandespecifik underafdeling (NUTS): Nordjylland (DK050)\n \n \n \n 5.1.6 Generelle oplysningerIndkøbsprojekt, der ikke finansieres med EU-midler\n Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja\n Oplysninger om tidligere bekendtgørelser:Identifikator for den foregående bekendtgørelse: 731310-2023\n \n \n 5.1.12 UdbudsvilkårOplysninger om undersøgelsesfrister: Complaints that DSB has concluded a contract without prior publication of a notice\n must be submitted to the Danish Complaints Board for Public Procurement within 30\n calendar days from the day after the day on which DSB has published a notice in the\n Official Journal of the European Union that DSB has concluded the contract, cf. Section\n 7(3) of the Danish Act on the Complaints Board for Public Procurement (Lov om Klagenævnet\n for Udbud). No later than at the same time as a complaint is submitted to the Danish\n Complaints Board for Public Procurement, the complainant must inform DSB in writing\n that a complaint is submitted to the Danish Complaints Board for Public Procurement\n and whether the complaint has been submitted within the period of 10 calendar days\n (calculated from the day after the day on which this notice is published in the Official\n Journal of the European Union) as set out in section 4(1)(2) of the Danish Act on\n the Complaints Board for Public Procurement.\n \n 5.1.15 Teknikker\n Oplysninger om det dynamiske indkøbssystem:Intet dynamisk indkøbssystem\n \n \n 5.1.16 Yderligere oplysninger, mægling og gennemgangOrganisation med ansvar for klager: Danish Complaints Board for Public Procurement\n Organisation, der leverer supplerende oplysninger om udbudsproceduren: DSB\n Organisation, der leverer yderligere oplysninger om klageprocedurerne: Danish Competition and Consumer Authority\n Organisation, der undertegner kontrakten: DSB\n \n \n \n 6 ResultaterVærdien af alle kontrakter tildelt i denne meddelelse: 0 Euro\n Direkte tildeling:Begrundelse for direkte tildeling: Kontrakter, der er opført i direktiv 2014/24/EU, art. 7, men som falder uden for anvendelsesområdet for direktiv 2014/25/EU\n Anden begrundelse: As noted in section 5.1 the parties have during the project execution disagreed about\n the responsibility for delay of Milestones in the Project Time Schedule and MPM Time\n Schedule and about certain issues regarding the Reliability regime of the agreements.\n Furthermore the parties have disagreed regarding a number of raised claims, Variations\n and Issues. The parties have reached a consolidated settlement on these matters with\n due respect to not changing the economic balance of the agreements in favour of the\n supplier in a manner which was not provided for in the agreements and while maintaining\n the overall balance of the respective rights and obligations of the parties. The agreements\n have been subject to tender and DSB does not consider it necessary to conduct a new\n tender procedure in connection with the changes to the agreements, as the changes\n are not substantial, cf. Article 89(1)(e) of the Utilities Directive, as defined in\n Article 89(4) of the Utilities Directive and further elaborated in point (1)-(4) below.\n (1) The changes do not introduce conditions that, if they had been part of the original\n tender procedure, would have allowed other applicants than those originally selected\n access nor would the changes have attracted additional participants in the tender\n procedure, in this respect it is emphasised that in addition to the four prequalified\n candidates another three candidates applied but were not prequalified, and the changes\n would not have changed this and there were no other relevant applicants in the market\n that would have been able to fulfil the minimum requirements for suitability, (2)\n the changes would not have resulted in DSB accepting a different offer than the one\n originally accepted, as the changes would not have led to the submission of significantly\n different offers, if the changes had been part of DSB’s tender material initially,\n and because the award of the contract to a large extent was determined by a large\n difference between the received offers, (3) the changes do not alter the economic\n balance of the contract in the supplier’s favour in a way that the original contract\n or framework agreement did not allow for, in this respect it is emphasised that the\n overall balance of the respective rights and obligations of the parties are maintained\n as the compensation received by DSB balances the relaxation of the requirements made\n in favour of the supplier, and (4) the changes do not significantly expand the scope\n of the contract or framework agreement. In addition to the changes not being substantial,\n the supplier has previously communicated in early warnings to DSB that the supplier\n is facing difficulties in their supply chain due to the global shortage of electronic\n components and raw materials caused by the Russian invasion of Ukraine and the aftermath\n from the Covid-19 health situation. The supplier has also communicated in early warnings\n to DSB that they are very challenged with regards to availability of test facilities,\n as the test facilities in Europe are limited and overbooked due to the many train\n acquisition projects in the EU. To the extent that the changes should be deemed to\n be due to these factors, and in particular the Russian invasion of Ukraine, the need\n for the change could also have arisen due to circumstances that DSB could not have\n foreseen at the time of entering into the contract. In this case, the amendment may\n be entered into without a new tender procedure in accordance with Article 89(1)(c)\n of the Utilities Directive.\n \n 6.1 Resultat delkontrakt-ID: LOT-0001Der er udvalgt mindst én vinder.\n 6.1.2 Oplysninger om vinderneVinder:Officielt navn: Alstom Transport Danmark A/S\n \n Tilbud – Identifikator: New Trains – Supply and Maintenance of Electronic Trainsets\n Identifikator for delkontrakt eller gruppe af delkontrakter: LOT-0001\n Tilbuddet er et alternativt tilbud: nej\n Underentrepriseværdien er kendt: nej\n Underentrepriseprocentdelen er kendt: nej\n Kontraktoplysninger:Identifikator for kontrakten: New Trains – Supply and Maintenance of Electronic Trainsets\n Titel: New Trains – Supply and Maintenance of Electronic Trainsets\n Dato for indgåelse af kontrakten: 13-12-2023\n Kontrakten tildeles som led i en rammeaftale: nej\n Organisation, der undertegner kontrakten: DSB\n \n \n \n 6.1.4 Statistiske oplysningerModtagne tilbud og ansøgninger om deltagelse:Type modtagne indgivelser: TilbudAntal modtagne tilbud og ansøgninger om deltagelse: 1\n \n Type modtagne indgivelser: Tilbud fra mikrovirksomheder samt små eller mellemstore virksomhederAntal modtagne tilbud og ansøgninger om deltagelse: 1\n \n Type modtagne indgivelser: Tilbud fra tilbudsgivere, der er registreret i andre EØS-lande end købers landAntal modtagne tilbud og ansøgninger om deltagelse: 0\n \n Type modtagne indgivelser: Tilbud fra tilbudsgivere, der er registreret i lande uden for EØSAntal modtagne tilbud og ansøgninger om deltagelse: 0\n \n Type modtagne indgivelser: Tilbud, der er indgivet ad elektronisk vejAntal modtagne tilbud og ansøgninger om deltagelse: 1\n \n \n \n \n \n 8 Organisationer8.1 ORG-0001\n Registreringsnummer: 25050053\n \n \n \n Landespecifik underafdeling (NUTS): Københavns omegn (DK012)\n \n \n \n Internetadresse: www.dsb.dk\n Denne organisations roller:\n Organisation, der leverer supplerende oplysninger om udbudsproceduren\n Organisation, der undertegner kontrakten\n \n \n 8.1 ORG-0002Officielt navn: Alstom Transport Danmark A/S\n Den økonomiske operatørs størrelse: Mikrovirksomhed, lille eller mellemstor virksomhed\n Registreringsnummer: 17184210\n Postadresse: Amerika Plads 19 \n \n \n Landespecifik underafdeling (NUTS): Byen København (DK011)\n \n E-mail: reception.dk.transport@alstomgroup.com\n \n Internetadresse: http://www.alstom.com/\n Denne organisations roller:\n Vinder af disse delkontrakter: LOT-0001\n \n \n 8.1 ORG-0003Officielt navn: Danish Complaints Board for Public Procurement\n Registreringsnummer: 37795526\n \n \n \n Landespecifik underafdeling (NUTS): Vestjylland (DK041)\n \n E-mail: klfu@naevneneshus.dk\n \n Internetadresse: https://www.klfu.naevneneshus.dk/\n Denne organisations roller:Organisation med ansvar for klager\n \n \n 8.1 ORG-0004Officielt navn: Danish Competition and Consumer Authority\n Registreringsnummer: 10294819\n Postadresse: Carl Jacobsens Vej 35 \n \n \n Landespecifik underafdeling (NUTS): Byen København (DK011)\n \n \n \n Internetadresse: https://www.kfst.dk/\n Denne organisations roller:Organisation, der leverer yderligere oplysninger om klageprocedurerne\n \n \n \n 11 Oplysninger om bekendtgørelsen11.1 Oplysninger om bekendtgørelsenIdentifikator for bekendtgørelsen: c16103ad-d66c-437a-a9fd-002a1f76f07b - 01\n \n Bekendtgørelsestype: Bekendtgørelse om indgåede kontrakter eller koncessionstildeling – standardordningen\n Afsendelsesdato for bekendtgørelsen: 13-12-2023 10:19 +00:00\n Sprog, som denne bekendtgørelse er officielt tilgængelig på: engelsk \n \n 11.2 Oplysninger om offentliggørelsenBekendtgørelsesnummer: 00756823-2023\n \n Offentliggørelsesdato: 14-12-2023\n \n \n \n","htmlEN":"\n\n \n 1 Buyer1.1 Buyer\n Legal type of the buyer: Public undertaking\n Activity of the contracting entity: Railway services\n \n \n 2 Procedure2.1 ProcedureTitle: New Trains – Supply and Maintenance of Electronic Trainsets\n Description: Through tender notice no. 2018/S 120-274572 dated June 22, 2018, published on June\n 26, 2018, DSB (Danish State Railways) tendered out agreements for the procurement\n of 'New Trains – Supply and Maintenance of Electronic Trainsets', at an estimated\n value of 50 billion Danish Kroner. The tender was carried out in accordance with the\n Utilities Directive (2014/25/EU). DSB announces with this notice that DSB has entered\n into an agreement to amend the contract, cf. further details on this in sections 2.1\n and 5.1. DSB has submitted voluntary ex-ante transparency notice no. 731310-2023 concerning\n the amendments to the contract. During the project execution the parties have disagreed\n about the responsibility for delay of Milestones in the Project Time Schedule and\n MPM Time Schedule and about certain issues regarding the Reliability regime of the\n agreements. Furthermore the parties have disagreed regarding a number of raised claims,\n Variations and Issues. The parties have agreed to settle these matters without changing\n the economic balance of the agreements in favour of Alstom Transport Danmark A/S (\"the\n supplier\") in a manner which was not provided for in the agreements and while maintaining\n the overall balance of the respective rights and obligations of the parties. The parties\n have therefore agreed to the following amendments: 1. Changes to the Reliability Regime\n in terms of a) exclusion of Significant Defects on four specific STM-DK components\n (however, capped), b) adjustment of parts of the stepwise improvements during Reliability\n Demonstration Phase, c) change of requirements for Trial Operation Test for the first\n five trainsets so more than five trainsets (up to seven trainsets) can be used for\n the Trial Operation Test in Denmark, the number of Defects allowed are reset for the\n Trial Operation Test in Denmark and modifications will be allowed during the Trial\n Operation Test outside Denmark under certain conditions, d) increase of the Reliability\n Target for Significant Defects and decrease of the Reliability Target for Major Defects\n and e) introduction of an additonal Reliability Performance Penalty. 2. Change concerning\n time of delivery. The date of the Preliminary Take Over (PTO) of the first trainset\n has been postponed by 19 months and an additional penalty for delay has been introduced.\n 3. Monetary compensation converted into trainsets. DSB will receive a number of trainsets\n at no cost and will have the possibility to receive an additional number of trainsets\n at no cost, if DSB submits an Additional Purchase Order for additional trainsets within\n a certain time frame. A new bonus regime has also been implemented in form of a “win\n back” mechanism, whereby the supplier can “win back” payment for some of the additional\n trainsets. 4. Settlement of a number of other disagreements regarding raised claims,\n Variations and Issues.\n Procedure identifier: cb622631-4479-450f-bff6-6e61b9c2fb64\n Previous notice: 274572-2018\n Previous notice: 316231-2021\n Previous notice: 731310-2023\n Type of procedure: Negotiated without prior call for competition\n 2.1.1 PurposeMain nature of the contract: Supplies\n Main classification (cpv): 34600000 Railway and tramway locomotives and rolling stock and associated parts\n Additional classification (cpv): 34620000 Rolling stock\n Additional classification (cpv): 34622000 Railway and tramway passenger coaches, and trolleybuses\n Additional classification (cpv): 34622200 Railway passenger coaches\n Additional classification (cpv): 34630000 Parts of railway or tramway locomotives or rolling stock; railways traffic-control equipment\n Additional classification (cpv): 34631000 Parts of locomotives or rolling stock\n Additional classification (cpv): 50220000 Repair, maintenance and associated services related to railways and other equipment\n Additional classification (cpv): 50222000 Repair and maintenance services of rolling stock\n \n 2.1.4 General information\n \n \n \n \n 5 Lot5.1 Lot technical ID: LOT-0001Title: New Trains – Supply and Maintenance of Electronic Trainsets\n Description: Through tender notice no. 2018/S 120-274572 dated June 22, 2018, published on June\n 26, 2018, DSB (Danish State Railways) tendered out agreements for the procurement\n of 'New Trains – Supply and Maintenance of Electronic Trainsets', at an estimated\n value of 50 billion Danish Kroner. The tender was carried out in accordance with the\n Utilities Directive (2014/25/EU). DSB announces with this notice that DSB has entered\n into an agreement to amend the contract, cf. further details on this in sections 2.1\n and 5.1. DSB has submitted voluntary ex-ante transparency notice no. 731310-2023 concerning\n the amendments to the contract. During the project execution the parties have disagreed\n about the responsibility for delay of Milestones in the Project Time Schedule and\n MPM Time Schedule and about certain issues regarding the Reliability regime of the\n agreements. Furthermore the parties have disagreed regarding a number of raised claims,\n Variations and Issues. The parties have agreed to settle these matters without changing\n the economic balance of the agreements in favour of the supplier in a manner which\n was not provided for in the agreements and while maintaining the overall balance of\n the respective rights and obligations of the parties. The parties have therefore agreed\n to the following amendments: 1. Changes to the Reliability Regime in terms of a) exclusion\n of Significant Defects on four specific STM-DK components (however, capped), b) adjustment\n of parts of the stepwise improvements during Reliability Demonstration Phase, c) change\n of requirements for Trial Operation Test for the first five trainsets so more than\n five trainsets (up to seven trainsets) can be used for the Trial Operation Test in\n Denmark, the number of Defects allowed are reset for the Trial Operation Test in Denmark\n and modifications will be allowed during the Trial Operation Test outside Denmark\n under certain conditions, d) increase of the Reliability Target for Significant Defects\n and decrease of the Reliability Target for Major Defects and e) introduction of an\n additonal Reliability Performance Penalty. 2. Change concerning time of delivery.\n The date of the Preliminary Take Over (PTO) of the first trainset has been postponed\n by 19 months and an additional penalty for delay has been introduced. 3. Monetary\n compensation converted into trainsets. DSB will receive a number of trainsets at no\n cost and will have the possibility to receive an additional number of trainsets at\n no cost, if DSB submits an Additional Purchase Order for additional trainsets within\n a certain time frame. A new bonus regime has also been implemented in form of a “win\n back” mechanism, whereby the supplier can “win back” payment for some of the additional\n trainsets. 4. Settlement of a number of other disagreements regarding raised claims,\n Variations and Issues.\n Internal identifier: New Trains – Supply and Maintenance of Electronic Trainsets\n 5.1.1 PurposeMain nature of the contract: Supplies\n Main classification (cpv): 34600000 Railway and tramway locomotives and rolling stock and associated parts\n Additional classification (cpv): 34620000 Rolling stock\n Additional classification (cpv): 34622000 Railway and tramway passenger coaches, and trolleybuses\n Additional classification (cpv): 34622200 Railway passenger coaches\n Additional classification (cpv): 34630000 Parts of railway or tramway locomotives or rolling stock; railways traffic-control equipment\n Additional classification (cpv): 34631000 Parts of locomotives or rolling stock\n Additional classification (cpv): 50220000 Repair, maintenance and associated services related to railways and other equipment\n Additional classification (cpv): 50222000 Repair and maintenance services of rolling stock\n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Byen København (DK011)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Københavns omegn (DK012)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Nordsjælland (DK013)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Bornholm (DK014)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Østsjælland (DK021)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Vest- og Sydsjælland (DK022)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Fyn (DK031)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Sydjylland (DK032)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Vestjylland (DK041)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Østjylland (DK042)\n \n \n \n 5.1.2 Place of performanceCountry subdivision (NUTS): Nordjylland (DK050)\n \n \n \n 5.1.6 General informationProcurement Project not financed with EU Funds.\n The procurement is covered by the Government Procurement Agreement (GPA): yes\n Information about previous notices:Identifier of the previous notice: 731310-2023\n \n \n 5.1.12 Terms of procurementInformation about review deadlines: Complaints that DSB has concluded a contract without prior publication of a notice\n must be submitted to the Danish Complaints Board for Public Procurement within 30\n calendar days from the day after the day on which DSB has published a notice in the\n Official Journal of the European Union that DSB has concluded the contract, cf. Section\n 7(3) of the Danish Act on the Complaints Board for Public Procurement (Lov om Klagenævnet\n for Udbud). No later than at the same time as a complaint is submitted to the Danish\n Complaints Board for Public Procurement, the complainant must inform DSB in writing\n that a complaint is submitted to the Danish Complaints Board for Public Procurement\n and whether the complaint has been submitted within the period of 10 calendar days\n (calculated from the day after the day on which this notice is published in the Official\n Journal of the European Union) as set out in section 4(1)(2) of the Danish Act on\n the Complaints Board for Public Procurement.\n \n 5.1.15 Techniques\n Information about the dynamic purchasing system:No dynamic purchase system\n \n \n 5.1.16 Further information, mediation and reviewReview organisation: Danish Complaints Board for Public Procurement\n Organisation providing additional information about the procurement procedure: DSB\n Organisation providing more information on the review procedures: Danish Competition and Consumer Authority\n Organisation signing the contract: DSB\n \n \n \n 6 ResultsValue of all contracts awarded in this notice: 0 Euro\n Direct award:Justification for direct award: Contracts listed in Directive 2014/24/EU Art. 7, but not falling within the scope of Directive 2014/25/EU\n Other justification: As noted in section 5.1 the parties have during the project execution disagreed about\n the responsibility for delay of Milestones in the Project Time Schedule and MPM Time\n Schedule and about certain issues regarding the Reliability regime of the agreements.\n Furthermore the parties have disagreed regarding a number of raised claims, Variations\n and Issues. The parties have reached a consolidated settlement on these matters with\n due respect to not changing the economic balance of the agreements in favour of the\n supplier in a manner which was not provided for in the agreements and while maintaining\n the overall balance of the respective rights and obligations of the parties. The agreements\n have been subject to tender and DSB does not consider it necessary to conduct a new\n tender procedure in connection with the changes to the agreements, as the changes\n are not substantial, cf. Article 89(1)(e) of the Utilities Directive, as defined in\n Article 89(4) of the Utilities Directive and further elaborated in point (1)-(4) below.\n (1) The changes do not introduce conditions that, if they had been part of the original\n tender procedure, would have allowed other applicants than those originally selected\n access nor would the changes have attracted additional participants in the tender\n procedure, in this respect it is emphasised that in addition to the four prequalified\n candidates another three candidates applied but were not prequalified, and the changes\n would not have changed this and there were no other relevant applicants in the market\n that would have been able to fulfil the minimum requirements for suitability, (2)\n the changes would not have resulted in DSB accepting a different offer than the one\n originally accepted, as the changes would not have led to the submission of significantly\n different offers, if the changes had been part of DSB’s tender material initially,\n and because the award of the contract to a large extent was determined by a large\n difference between the received offers, (3) the changes do not alter the economic\n balance of the contract in the supplier’s favour in a way that the original contract\n or framework agreement did not allow for, in this respect it is emphasised that the\n overall balance of the respective rights and obligations of the parties are maintained\n as the compensation received by DSB balances the relaxation of the requirements made\n in favour of the supplier, and (4) the changes do not significantly expand the scope\n of the contract or framework agreement. In addition to the changes not being substantial,\n the supplier has previously communicated in early warnings to DSB that the supplier\n is facing difficulties in their supply chain due to the global shortage of electronic\n components and raw materials caused by the Russian invasion of Ukraine and the aftermath\n from the Covid-19 health situation. The supplier has also communicated in early warnings\n to DSB that they are very challenged with regards to availability of test facilities,\n as the test facilities in Europe are limited and overbooked due to the many train\n acquisition projects in the EU. To the extent that the changes should be deemed to\n be due to these factors, and in particular the Russian invasion of Ukraine, the need\n for the change could also have arisen due to circumstances that DSB could not have\n foreseen at the time of entering into the contract. In this case, the amendment may\n be entered into without a new tender procedure in accordance with Article 89(1)(c)\n of the Utilities Directive.\n \n 6.1 Result lot ldentifier: LOT-0001At least one winner was chosen.\n 6.1.2 Information about winnersWinner:Official name: Alstom Transport Danmark A/S\n \n Tender identifier: New Trains – Supply and Maintenance of Electronic Trainsets\n Identifier of lot or group of lots: LOT-0001\n The tender is a variant: no\n Subcontracting value is known: no\n Subcontracting percentage is known: no\n Contract information:Identifier of the contract: New Trains – Supply and Maintenance of Electronic Trainsets\n Title: New Trains – Supply and Maintenance of Electronic Trainsets\n Date of the conclusion of the contract: 13-12-2023\n The contract is awarded within a framework agreement: no\n Organisation signing the contract: DSB\n \n \n \n 6.1.4 Statistical informationReceived tenders or requests to participate:Type of received submissions: TendersNumber of tenders or requests to participate received: 1\n \n Type of received submissions: Tenders from micro, small or medium tenderersNumber of tenders or requests to participate received: 1\n \n Type of received submissions: Tenders from tenderers registered in other European Economic Area countries than the country of the buyerNumber of tenders or requests to participate received: 0\n \n Type of received submissions: Tenders from tenders registered in countries outside of the European Economic AreaNumber of tenders or requests to participate received: 0\n \n Type of received submissions: Tenders submitted electronicallyNumber of tenders or requests to participate received: 1\n \n \n \n \n \n 8 Organisations8.1 ORG-0001\n Registration number: 25050053\n Postal address: Telegade 2 \n \n \n Country subdivision (NUTS): Københavns omegn (DK012)\n \n \n \n Internet address: www.dsb.dk\n Roles of this organisation:\n Organisation providing additional information about the procurement procedure\n Organisation signing the contract\n \n \n 8.1 ORG-0002Official name: Alstom Transport Danmark A/S\n Size of the economic operator: Micro, small, or medium\n Registration number: 17184210\n Postal address: Amerika Plads 19 \n \n \n Country subdivision (NUTS): Byen København (DK011)\n \n Email: reception.dk.transport@alstomgroup.com\n \n Internet address: http://www.alstom.com/\n Roles of this organisation:\n Winner of these lots: LOT-0001\n \n \n 8.1 ORG-0003Official name: Danish Complaints Board for Public Procurement\n Registration number: 37795526\n Postal address: Toldboden 2 \n \n \n Country subdivision (NUTS): Vestjylland (DK041)\n \n Email: klfu@naevneneshus.dk\n \n Internet address: https://www.klfu.naevneneshus.dk/\n Roles of this organisation:\n \n \n 8.1 ORG-0004Official name: Danish Competition and Consumer Authority\n Registration number: 10294819\n Postal address: Carl Jacobsens Vej 35 \n \n \n Country subdivision (NUTS): Byen København (DK011)\n \n \n \n Internet address: https://www.kfst.dk/\n Roles of this organisation:Organisation providing more information on the review procedures\n \n \n \n 11 Notice information11.1 Notice informationNotice identifier/version: c16103ad-d66c-437a-a9fd-002a1f76f07b - 01\n \n Notice type: Contract or concession award notice – standard regime\n Notice dispatch date: 13-12-2023 10:19 +00:00\n Languages in which this notice is officially available: English \n \n 11.2 Publication informationNotice publication number: 00756823-2023\n OJ S issue number: 241/2023\n Publication date: 14-12-2023\n \n \n \n","opsummeringDA":{"card":{"titel":"New Trains – Supply and Maintenance of Electronic Trainsets","ordregiver":"DSB","ordregiverId":"25 05 00 53 ","ordregiverIdDatavasket":"25050053","publiceringsdato":"2023-12-14Z","cpvKode":"34600000","cpvTitel":"Lokomotiver og motorvogne samt rullende materiel og tilhørende dele","formulartype":"Resultater","formulartypeKode":"result","tidsfrister":[],"alleOrdregivere":["DSB"],"beskrivelse":"Through tender notice no. 2018/S 120-274572 dated June 22, 2018, published on June 26, 2018, DSB (Danish State Railways) tendered out agreements for the procurement of 'New Trains – Supply and Maintenance of Electronic Trainsets', at an estimated value of 50 billion Danish Kroner. The tender was carried out in accordance with the Utilities Directive (2014/25/EU).\nDSB announces with this notice that DSB has entered into an agreement to amend the contract, cf. further details on this in sections 2.1 and 5.1. DSB has submitted voluntary ex-ante transparency notice no. 731310-2023 concerning the amendments to the contract.\nDuring the project execution the parties have disagreed about the responsibility for delay of Milestones in the Project Time Schedule and MPM Time Schedule and about certain issues regarding the Reliability regime of the agreements. Furthermore the parties have disagreed regarding a number of raised claims, Variations and Issues. \nThe parties have agreed to settle these matters without changing the economic balance of the agreements in favour of Alstom Transport Danmark A/S (\"the supplier\") in a manner which was not provided for in the agreements and while maintaining the overall balance of the respective rights and obligations of the parties. \nThe parties have therefore agreed to the following amendments: \n1. Changes to the Reliability Regime in terms of a) exclusion of Significant Defects on four specific STM-DK components (however, capped), b) adjustment of parts of the stepwise improvements during Reliability Demonstration Phase, c) change of requirements for Trial Operation Test for the first five trainsets so more than five trainsets (up to seven trainsets) can be used for the Trial Operation Test in Denmark, the number of Defects allowed are reset for the Trial Operation Test in Denmark and modifications will be allowed during the Trial Operation Test outside Denmark under certain conditions, d) increase of the Reliability Target for Significant Defects and decrease of the Reliability Target for Major Defects and e) introduction of an additonal Reliability Performance Penalty.\n2. Change concerning time of delivery. The date of the Preliminary Take Over (PTO) of the first trainset has been postponed by 19 months and an additional penalty for delay has been introduced.\n3. Monetary compensation converted into trainsets. DSB will receive a number of trainsets at no cost and will have the possibility to receive an additional number of trainsets at no cost, if DSB submits an Additional Purchase Order for additional trainsets within a certain time frame. A new bonus regime has also been implemented in form of a “win back” mechanism, whereby the supplier can “win back” payment for some of the additional trainsets.\n4. Settlement of a number of other disagreements regarding raised claims, Variations and Issues.","bkSubTypeKode":"30","bkSubType":"Bekendtgørelse om indgåede kontrakter – sektordirektivet, standardordningen","erAendring":false},"indholdsType":"HENTET_FRA_TED","sekundaereOrdregivere":[],"udforelsesstedNutsCode":[],"udforelsesstedSubLand":[],"udforelsesstedLand":[],"udforelsesstedBy":[],"tilbudsfrister":[],"intressentfrister":[],"deltagelsefrister":[],"antalParts":0,"antalLots":1,"udbudsDokumenter":[]},"opsummeringEN":{"card":{"titel":"New Trains – Supply and Maintenance of Electronic Trainsets","ordregiver":"DSB","ordregiverId":"25 05 00 53 ","ordregiverIdDatavasket":"25050053","publiceringsdato":"2023-12-14Z","cpvKode":"34600000","cpvTitel":"Railway and tramway locomotives and rolling stock and associated parts","formulartype":"Result","formulartypeKode":"result","tidsfrister":[],"alleOrdregivere":["DSB"],"beskrivelse":"Through tender notice no. 2018/S 120-274572 dated June 22, 2018, published on June 26, 2018, DSB (Danish State Railways) tendered out agreements for the procurement of 'New Trains – Supply and Maintenance of Electronic Trainsets', at an estimated value of 50 billion Danish Kroner. The tender was carried out in accordance with the Utilities Directive (2014/25/EU).\nDSB announces with this notice that DSB has entered into an agreement to amend the contract, cf. further details on this in sections 2.1 and 5.1. DSB has submitted voluntary ex-ante transparency notice no. 731310-2023 concerning the amendments to the contract.\nDuring the project execution the parties have disagreed about the responsibility for delay of Milestones in the Project Time Schedule and MPM Time Schedule and about certain issues regarding the Reliability regime of the agreements. Furthermore the parties have disagreed regarding a number of raised claims, Variations and Issues. \nThe parties have agreed to settle these matters without changing the economic balance of the agreements in favour of Alstom Transport Danmark A/S (\"the supplier\") in a manner which was not provided for in the agreements and while maintaining the overall balance of the respective rights and obligations of the parties. \nThe parties have therefore agreed to the following amendments: \n1. Changes to the Reliability Regime in terms of a) exclusion of Significant Defects on four specific STM-DK components (however, capped), b) adjustment of parts of the stepwise improvements during Reliability Demonstration Phase, c) change of requirements for Trial Operation Test for the first five trainsets so more than five trainsets (up to seven trainsets) can be used for the Trial Operation Test in Denmark, the number of Defects allowed are reset for the Trial Operation Test in Denmark and modifications will be allowed during the Trial Operation Test outside Denmark under certain conditions, d) increase of the Reliability Target for Significant Defects and decrease of the Reliability Target for Major Defects and e) introduction of an additonal Reliability Performance Penalty.\n2. Change concerning time of delivery. The date of the Preliminary Take Over (PTO) of the first trainset has been postponed by 19 months and an additional penalty for delay has been introduced.\n3. Monetary compensation converted into trainsets. DSB will receive a number of trainsets at no cost and will have the possibility to receive an additional number of trainsets at no cost, if DSB submits an Additional Purchase Order for additional trainsets within a certain time frame. A new bonus regime has also been implemented in form of a “win back” mechanism, whereby the supplier can “win back” payment for some of the additional trainsets.\n4. Settlement of a number of other disagreements regarding raised claims, Variations and Issues.","bkSubTypeKode":"30","bkSubType":"Contract award notice – sectoral directive, standard regime","erAendring":false},"indholdsType":"HENTET_FRA_TED","sekundaereOrdregivere":[],"udforelsesstedNutsCode":[],"udforelsesstedSubLand":[],"udforelsesstedLand":[],"udforelsesstedBy":[],"tilbudsfrister":[],"intressentfrister":[],"deltagelsefrister":[],"antalParts":0,"antalLots":1,"udbudsDokumenter":[]}}