Attribution d'un marché sans publication préalable d'un avis d'appel à la concurrence au Journal officiel de l’Union européenne (dans les cas énumérés ci-dessous)
After a decision in Viken County Council on 23.6.2022, Ruter intends to issue a change order for the transition from fossile to zero emission operation of the boats that are used for the routes B11, B20, and the summer routes B21/B22.
In order to reach the goal of zero emission express boats in Oslo and Viken by the end of 2024, Ruter has signed a letter of intent with Norled AS to take up the option period in the contract, on the condition that Norled alters the express boats that are currently used on the routes from diesel to battery electric propulsion.
Ruter has carried out feasibility studies and held a market dialogue, and has considered to hold a new contest, but has concluded that there is not enough time to reach the goal of zero emission express boats on these routes by 2024 if a new contest is held. There would not be sufficient time from when the contract is signed until the start-up of the contract. There is also considerable uncertainty as to how long is required for both the technology to be mature enough, and for the construction of new express boats with zero emission propulsion. The reason for this is the pandemic and war that create uncertainty and delays in the global supply chains. Ruter believes that the terms in two different provisions in the public procurement regulations (PPR) are fulfilled, and that there is a legal basis to make the change; either the PPR section 28-1 (1) letter c on necessary additional deliveries, or the PPR section 28-1 (1) letter f, cf. section 28-2 on non-significant changes. There will, thus, not be a significant change to the contract with Norled when the change is implemented.
Regarding the terms in the PPR section 28-1 (1) letter b), the switch from diesel propulsion to battery electric propulsion will be an 'additional delivery' in the terms of the regulations as battery operation 'replaces' (...) existing equipment. Ruter believes that the change is 'necessary' as it covers the contracting authority's factual and legitimate need to reach the climate and environment targets that Oslo and Viken have set as a consequence of the National Transport Plan 2022-2033, and Norway's obligations under the Paris Agreement. A transition from diesel to battery electric operation will give a significant reduction of CO2 and NOx over 10 years. A change of supplier cannot happen for 'technical or economic reasons', and would lead to 'considerable difficulties or significant extra costs' as the market will not be able to deliver zero emission express boats in 2024. In addition, the boats offered by Norled under the existing contract will be the most cost-efficient boats that can be offered, cf. Ruter's feasibility studies. In light of this, it is both socio-economically and commercially sensible to continue the contract with Norled. The alteration to battery electric operation will not exceed 50% of the original contract value.
Regarding the terms in the PPR section 28-2, Ruter ascertains that the change is legal on this basis as the change does not expand the scope of the contract, neither qualitatively or in time. Neither is the economic balance in the contract changed in favour of Norled. The extent to which the change could have influenced interest in participants or the outcome of the contest in 2007 is a hypothetical question, as there was not a commercial market for zero emission express boats when the contest was held.
If Ruter does not receive objections within 10 days from the notice date, the change will be implemented.