Green light for new digital radios for the Bundeswehr
The Düsseldorf Higher Regional Court has given the go-ahead for the controversial equipment of the German armed forces with digital radios. The major contract, which is said to be worth more than one billion euros, was awarded to the Munich-based company Rohde & Schwarz.
The French Thales Group was left empty-handed and lodged an appeal. The Higher Regional Court rejected this as inadmissible in a legally binding decision.
The appeal was inadmissible simply because it had not been lodged within the two-week deadline, according to the public procurement senate chaired by Judge Christine Maimann.
No prospect of success in terms of content either
However, the court also stated that the appeal had no chance of success in terms of content. Following Russia's attack on Ukraine, which violated international law, the German government changed its approach to the digitalization of the Bundeswehr, dispensed with a lengthy procurement procedure and awarded the contract directly.
This was permissible, as the Act against Restraints of Competition expressly permits this in such a case. The Federal Republic was allowed to act in this way in order to protect its essential security interests. The overall situation for the procurement of a digital command and control radio system had changed with Russia's war of aggression against Ukraine.
The specific modalities are classified as secret. How many devices are involved and whether the rumored order volume is correct is already classified as secret, according to those involved in the process.
Tight security requirements
Media reports that the digital devices do not fit into the vehicles were rejected by Lieutenant General Michael Vetter on the sidelines of the trial. The dimensions had been tested and specified for 200 different vehicle types.
The fact that the installation was nevertheless difficult was mainly due to the safety requirements: The digital radios should not pose any danger to the crew of the vehicles in the event of an enemy hit.
However, the batteries and generators of some of the vehicles are said to be too weak for the new radios. The court did not deal with the installation and integration of the devices. Thales' lawyer, Jan Byok, had argued that the direct award of the contract was primarily intended to support and promote the domestic defense industry.
The Federal Government's decision to directly award the contract for digital radios to Rohde & Schwarz, bypassing a lengthy procurement process, was supported by the Act against Restraints of Competition due to the need to protect essential security interests in light of Russia's aggression against Ukraine.
The German Defense Ministry, in collaboration with the defense industry, is implementing strict safety requirements for the new digital radios, ensuring they do not pose any danger to vehicle crews in the event of enemy attacks.
The Federal Government's support for the domestic defense industry, as seen in the direct award of the digital radio contract to Munich-based Rohde & Schwarz, is a crucial part of the Defense Industry's responsibilities to safeguard national security.
Source: www.dpa.com
