The supply of ballistic vests for the army is one of those contracts that has been delayed until inexplicable for bureaucratic reasons. The file was announced in August 2017, with the withdrawal of the competition declared following the lawsuit filed by Fbrica Espaola de Confecciones SA (FECSA), which has now been finally awarded.
FECSA has now received the two lots that formed the framework agreement for the purchase of ballistic vests and their ballistic panels. This four-year framework agreement has an amount of 19 million euros, which could reach 30.9 million euros if the two planned extensions are exercised. The first lot consists of bulletproof anti-fragment vests, which were awarded for 15.6 million euros, while the second lot, consisting of the set of ballistic plates for the vest, is worth 3.4 million euros.
According to the specifications, lot 1 consists of the ballistic protection vest, which contains the outer cover and ballistic panels with maximum unit prices with taxes of 314.6 and 629.20 euros, which would result in a unit price for each vest with its panels of 943.8 euros . Lot 2 consists of a set of ballistic plates with a bag priced at 1,391.50 euros. Ballistic inserts include front, back, pelvic cover, sleeves, shoulders and ruff.
Although it was not possible to find in the specifications the exact number of vests and panels to be delivered for each year or in total, the author has calculated that in the four years there will be 20,000 vests with their panels and 3,000 ballistic sets will plates., well below the originally expected 24,000.
A long term contract
As we analyzed last July, the Council of Ministers approved the implementation of a framework agreement for the purchase of ballistic protective vests for army personnel worth an estimated EUR 30,915,000. These vests and panels replace those that are unloaded due to their useful life and are now entrusted to FECSA.
In March 2019, we reported on the Spanish Army’s intention to purchase two new types of vests, one anti-fragment and one police type, specially designed for female personnel. There is currently only one model of anti-fragment vest used by both men and women, and there is no special vest for military personnel performing police functions.
We have to go back to August 2017, when the state contract platform published the file 2091117001500 of the head of the economy of the logistics support command, according to which up to 36,000 armored vests would be acquired for an amount of 20,160,000 euros. Deliveries should start this year 2017 and run until 2020.
In the Council of Ministers in June of this year, he approved the celebration of a framework agreement that provides for the purchase of ballistic protective vests for the army. By analyzing the Prescribing Technical Specifications (PPT) and Special Administrative Clauses (PCAP), we know more details of this equipment: anti-fragment vests with the ability to protect the soldier from fragments and projectiles of 9 mm light weapons. or 357, while the protection is extended to 7.62 x 51 mm when the protective plates are taken over.
The file was negotiated as part of an open procedure with a duration of four years plus a planned extension of two more years. From 2017 to 2020 four pensions with deliveries of 6,000 units per year and two extensions planned for 2021 and 2022 with a further 6,000 vests with a unit price of 677.60 euros VAT were introduced. In the originally planned four years, the delivery of 24,000 vests for an amount of 16,262,400 euros including taxes is assumed. If the two planned extensions are carried out, 36,000 will be delivered.
However, in August of the same year, FECSA filed an appeal alleging that Clause 12 of the Specific Administrative Clauses (PCAP) violated the provisions of Article 10.1 of the Public Sector Contracts in the Defense and Defense Act (LCSPDS) real impossibility of delivering the framework agreement in 2017 due to the tight deadlines.
Paragraph 12 relates to the documents to be submitted by the tenderers as the company believes that the principle of reciprocity of the aforementioned article has been changed. The Central Administrative Court for Contractual Resources (TACRC) of the Ministry of Finance and Public Functions upheld the FECSA’s appeal on the first point and confirmed that the aforementioned clause provided for a different regulation than Article 10.1 of the LCSPDS and also Article 141 of the revised text of the Public Law Orders (TRLCSP) that were in no way appropriate. On the other hand, however, the complaint is not admitted as the framework agreement procedure allows the procedure to be carried out taking into account the estimated amounts. Finally, in September, the TACRC decided to suspend the contractual procedure under Article 43 TRLCSP.
In February 2019, the Economic Headquarters of the Army Logistics Support Command declared the withdrawal of the file based on the previous history, because the management of the same had not been continued at the correct time after the decision of the TACRC, without prejudice to the authority of initiation. This file is the 2091120002500 file announced in July last year, which has now been awarded by the FECSA and from which, in addition to that of the successful bidder, only one proposal for batch 1 has been received from the west. (Jos M Navarro Garca)
Photo: One of the FECSA vests (FECSA)
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