The Norwegian Defence Logistics Organisation, Strategic Procurement (‘FLO SA’), hereby announced their intention to award Framework agreement 4600001640: workshop services, spare parts and technical support, fire truck additions directly to Egenes Brannteknikk AS, cf. FOSA § 9-4, cf. FOSA § 5-3 letter c, cf. rationale below. The framework agreement will have a duration of 7 years, cf. FOSA §6-1 fourth section and has an estimated value of NOK 48 million over 7 years.
Basis: The Norwegian Armed Forces currently has at their disposal 23 fire trucks, manufactured and delivered by the Austrian company Rosenbauer International A.G (‘Rosenbauer’) and the Norwegian company Egenes Brannteknikk AS (‘Egenes’). Egenes is Rosenbauer’s official representative in Norway.
All of the fire trucks are specially adapted for the Norwegian Armed Forces and consist primarily of Rosenbauer products. Rosenbauer has sole rights to these products in the form of a patent.
Furthermore, only Egenes has the right to sell or offer Rosenbauer products in Norway based on a contract between Rosenbauer and Egenes.
After the Norwegian Armed Forces’ investigation, other technical fire products from other suppliers will not pass and be compatible with the existing systems and products delivered by Egenes/Rosenbauer. The Norwegian Armed Forces thereby means that the framework agreement part concerning delivery of spare parts can only be used by Egenes, both based on ‘ technical reasons’ and in order to protect Rosenbauer’s and Egenes’ sole rights related to the material cf. FOSA § 5-3 letter c.
The Norwegian Armed Forces believes that the part of the contract connected to performing service, maintenance, reconstruction and development of technical documentation can only be performed by Egenes, cf. FOSA § 5-3 letter c. The Norwegian Armed Forces’ assessments indicate that only Egenes in Norway has the necessary know-how, knowledge and tools required to carry out the maintenance and rebuilding of the 23 specially designed fire trucks for the Norwegian Armed Forces. Egenes and Rosenbauer have collaborated since the start of the 90s for delivery of fire additions and other technical fire solutions on fire trucks delivered to businesses in Norway. Furthermore, the companies have approx. 20 years of experience related to delivery, reconstruction and product development of fire trucks suitable for the defence sector’s special needs and requirements. Furthermore, since the start of the 2000s, the companies have cooperated with Norsk Scania AS, the manufacturer of the chassis that the fire additions and the technical fire solutions used by the Norwegian Armed Forces are mounted on.
The knowledge, experience and know-how discussed above is something a supplier must posses in order to perform the necessary maintenance and service on the fire trucks within very short deadlines.
Based on the above, FLO SA means that there is legal basis in FOSA § 5-3 letter c to award new framework agreements concerning workshop services, delivery of spare parts and technical support to the Norwegian Armed Forces’ fire trucks with Egenes Brannteknikk AS, cf. FOSA § 5-3 letter c. Contract signing will take place after the ten day waiting period expires, cf. the Public Procurement Act § 13 second section, cf. FOSA § 9-4. The deadline begins the day after this notice, so that contract signing occurs at the earliest on 3 July 2020.