Denmark – Electrical signalling equipment for railways – On-Board AVLS System

The Collaboration and the Supply Agreement shall be processed as a negotiation procedure without prior call for competition, cf. art. 50 in Directive 2014/25/EU of 26 February 2014. In order to accommodate a possible risk by the assessing and application of art. 50 in this specific case, AAL will prior to contracting, publish a contract award notice to ensure adequate transparency in the award, cf. rules of The Danish Complaints Board for Public Procurement § 4. By this Contract, the Supplier undertakes to deliver AVLS equipment for eight (8) Trains, with the Option for additionally 12 Trains as further defined in the Contract in the agreed quality and within the agreed Delivery date(s) and price. The Customer has conducted a Tender procedure concerning buying of more Trains to Aarhus Letbane. The tender requires the Customer to provide AVLS equipment to the Manufacture of trains. This Contract is based on the acquisition of more Trains to AAL and covers only the Costumer Provided Eqipment (CPE) for those Trains. The Contract has, as mandated by Article 50 (c) of Directive 2014/25/EU, been entered into without a prior call for competition, since the CPE can only be supplied by the Supplier due to the absence of competition for technical reasons and the Supplier’s exclusive rights and since no reasonable alternatives or substitutes exist.