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Services - 480232-2021

22/09/2021    S184

Norway-Narvik: Tubing services

2021/S 184-480232

Contract award notice

Results of the procurement procedure

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Narvik kommune
National registration number: 959 469 059
Postal address: Postboks 64
Town: Narvik
NUTS code: NO071 Nordland
Postal code: 8501
Country: Norway
Contact person: Vidar Strøm
E-mail: vidar.strom@narvik.kommune.no
Internet address(es):
Main address: https://www.narvik.kommune.no/
I.4)Type of the contracting authority
Regional or local agency/office
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Framework agreement plumbing works

Reference number: 21/4
II.1.2)Main CPV code
76480000 Tubing services
II.1.3)Type of contract
Services
II.1.4)Short description:

About the contracting authority

Narvik, Evenes and Gratangen Municipalities, hereafter called the contracting authority, invites tenderers to participate in an open tender contest for the delivery of trade services within the discipline: HVAC and Sanitation/Plumbing Services etc.

II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
45231100 General construction work for pipelines
45231110 Pipelaying construction work
45330000 Plumbing and sanitary works
45332000 Plumbing and drain-laying work
II.2.3)Place of performance
NUTS code: NO071 Nordland
Main site or place of performance:

Narvik

II.2.4)Description of the procurement:

About the contracting authority

Narvik, Evenes and Gratangen Municipalities, hereafter called the contracting authority, invites tenderers to participate in an open tender contest for the delivery of trade services within the discipline: HVAC and Sanitation/Plumbing Services etc.

II.2.5)Award criteria
Price
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2021/S 142-379112
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

A contract/lot is awarded: no
V.1)Information on non-award
The contract/lot is not awarded
No tenders or requests to participate were received or all were rejected

Section VI: Complementary information

VI.3)Additional information:

Justification for cancellation

According to the PPR section 25-4 (1), the contracting authority can cancel the contest if there are 'reasonable grounds'. It is sufficient that the cancellation of the contest rests on a complete and proper assessment from the contracting authority's side. Whether there are 'justifiable grounds' to cancel depends on a concrete total assessment of the relevant circumstances at the time of the cancellation, cf. Rt. 2001 page 473, Rt. 2007 page 983 and HR-2019-1801-A (the Fosen-Linjen case). In the Fosen-Linjen case the Supreme Court confirmed that there is not normally an obligation to enter into a contract. In Rt. 2007 page 983, the Supreme Court has stated that a total assessment must be made of whether there are justifiable grounds, and that a qualified predominance of financial considerations are not required for a cancellation.

The contracting authority received an objection to the award of contract on 14.09. One of the plaintiff's statements was that the tenderer that had been awarded the contract was not a certified wet room company, and the plaintiff interpreted this as a must-requirement.

The formulation of the requirements specification in point 2.4, third paragraph was: 'Tenderers must always be certified for the execution of plumbing work. Tenderers must have central certification and be certified for wet rooms'.

The contracting authority finds the formulation in the last sentence unclear, and a legal review has found that the requirement for central certification as an absolute qualification requirement cannot be set, cf. the building application regulations, section 9-1, second paragraph. The contracting authority has not set an equivalent competence requirement as for central certification, but has instead contributed to further confusion around the question of whether it is an absolute requirement that the company is certified as a wet room company. The requirement of connection to such a voluntary scheme cannot be set as an absolute qualification requirement. Such requirements can be set in order to make the contracting authority's review of qualifications easier, but tenderers must also have the opportunity to document equivalent competence.

The contracting authority believes that it is very likely that the error can have excluded potentially qualified tenderers, and has, therefore, decided to cancel the contest.

Mercell notice: https://opic.com/id/aftiiadqvd.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Ofoten tingrett
Town: Narvik
Country: Norway
VI.5)Date of dispatch of this notice:
17/09/2021