Lieferungen - 70244-2023
03/02/2023    S25

Norway-Odda: Wheeled loaders

2023/S 025-070244

Voluntary ex ante transparency notice

Supplies

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Ullensvang kommune
National registration number: 920 500 633
Postal address: Opheimsgt. 31
Town: Odda
NUTS code: NO0A2 Vestland
Postal code: 5750
Country: Norway
Contact person: Anne Berit Birkeland
E-mail: anne.berit.birkeland@ullensvang.kommune.no
Telephone: +47 41750674
Internet address(es):
Main address: https://ullensvang.kommune.no/
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

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

Procurement of a new wheel loader with an edge cutter

Reference number: 23/144
II.1.2)Main CPV code
34144710 Wheeled loaders
II.1.3)Type of contract
Supplies
II.1.4)Short description:

Ullensvang Municipality, Dept. of Roads, Parks and Harbour, is in critical and immediate need of a newer wheel loader with equipment. In connection with this, the municipality has received tender offers for a contract for the purchase of a used machine from one tenderer and intends to enter into a contract for the purchase with Volvo Maskin AS for the delivery of 1 used Volvo LH90 Wheel Loader with an edge cutter on 20.02.2023, provided that no other tenderers declare that they can compete with such a contract by the same date.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 2 350 000.00 NOK
II.2)Description
II.2.2)Additional CPV code(s)
34144710 Wheeled loaders
II.2.3)Place of performance
NUTS code: NO0A2 Vestland
Main site or place of performance:

Ullensvang Municipality

II.2.4)Description of the procurement:

Ullensvang Municipality, Dept. of Roads, Parks and Harbour, is in critical and immediate need of a newer wheel loader with equipment. In connection with this, the municipality has received tender offers for a contract for the purchase of a used machine from one tenderer and intends to enter into a contract for the purchase with Volvo Maskin AS for the delivery of 1 used Volvo LH90 Wheel Loader with an edge cutter on 20.02.2023, provided that no other tenderers declare that they can compete with such a contract by the same date.

The wheel loader is an important piece of equipment that allows the municipality to carry out snow ploughing and gritting, edge cutting and other maintenance tasks.

Ullensvang Municipality has been following the market for used wheel loaders over the past six months.

The offered price for a wheel loader is NOK 2,350,000, which is significantly under market price for a good quality wheel loader with edge clippers.

Ullensvang Municipality believes that the offered contract is an unusually advantageous offer which makes it possible to procure a wheel loader with an adapted edge cutter within the time frame from the new budget until it must be put to use. The budget is a maximum of NOK 3 million. The offered wheel loader can be delivered in a significantly shorter amount of time than what would be possible through a regular procurement process. It is difficult to find current parts for the existing wheel loader, which have broken several times. The Dept. of Roads and Parks does not have this type of vehicle in reserve.

If there are other tenderers in the market that are able to deliver in accordance with the requirement specifications, and that can compete with the above-mentioned conditions, please contact the contracting authority before 20 February 2023 at the latest so that the contracting authority can assess facilitating a contest for the procurement.

General needs/requirement specifications:

Wheel loader that complies with the newest requirements and standards for wheel loaders.

Maximum use time of 4000 hours

Type/size of 15-20 tonnes.

4-WD

40 km/h

Service and warranty contract

Instruction manual in Norwegian

Attachments for trailer/compressor including connections for lights for the trailer

Parallel Aggregate (Loader)

Ready-to-use hydraulics for the edge cutter

Service panel needed to use the edge cutter

Norwegian standard equipment included

Back-up camera

Compatible attachment with Volvo BM

Wheel guards for all 4 wheels Steel guards that can withstand being stepped on

Load suspension

Compliance with exhaust requirements in accordance with the vehicle regulations, stage 5, or better

Engine warmer; electric

Central lubrication of the machine

Hose rupture valves

Hitch w/ connections for lights

Drive axle with locking differential

Clutchless reverse gear

Converter for use of edge cutter

Work lights and warning lights

Good operator environment with large windows, floating cab, cabin heater, etc.

Snow bucket adapted to the machine

1 set of summer tyres on rims

Edge cutter with emergency hydraulics and operation, adapted to the offered wheel loaders and tested.

Tool box

Free delivery to Odda

II.2.5)Award criteria
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
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

Type of procedure:

Contract award without a prior competition.

The procurement is outside the scope of the procurement regulations.

This voluntary ex-ante transparency notice is pursuant to the PPR § 13-4 letter b) no. 2 on situations where competition is impossible due to technical reasons. The provision states that: The contracting authority can hold a contest with negotiations without a prior announcement if (...)

b) the procurement concerns services that only one specific supplier can provide as (....)

2). a contest is impossible due to technical reasons or (...) when there are no reasonable alternatives and the lack of competition is not due to the contracting authority having adapted the procurement documents for a specific supplier.

It is unlikely that we will receive a corresponding offer that satisfies the requirement specifications, delivery time and price (within the budget), and for that reason Ullensvang municipality believes that the condition that "there are no reasonable alternatives" is met, as that it is not possible to obtain this technical solution or combination, i.e. that this type of machine with equipment cannot be found. We justify this with online searches and the combination of adapted equipment.

We also refer to the exemption rules in the PPR § 13-3 letter e)

e. it is impossible to comply with the deadlines for an open tender competition, limited tender competition or a competition with negotiation after a prior notice due to conditions that are not caused by the contracting authority and that the contract authority could not predict. The scope of the contract must not be larger than strictly necessary:

This is a one-time procurement. There are various reasons why Ullensvang Municipality, Dept. of Roads, Parks and Harbour, finds itself in a situation where we need to carry out a direct procurement. In our case, it is the size of the budget combined with the fact that the existing wheel loader has expired earlier than expected, which means that we must procure a used machine with the right equipment. Parts of the budget process can be easily predicted, but the market situation cannot, including shortages of machines and parts, and combinations of these.

The average turnover time for current wheel loaders in good condition is short. There is great demand for this type of vehicle and in such a price range. This applies in particular to the additional equipment used for edge cutting. This is expensive and difficult to find separately. This has been confirmed through, among other things, searching for competition on CPV code 16311000 Lawnmowers and 34390000 Accessories for tractors to buy edge cutters separately, and through no offers having been received during at least two competitions, and where the competition has been cancelled in the second half of 2022.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information

Section V: Award of contract/concession

Title:

Procurement of a wheel loader

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
26/01/2023
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Volvo Maskin AS
Postal address: Mellomåsvegen 1
Town: Kolbotn
NUTS code: NO082 Viken
Postal code: 1410
Country: Norway
E-mail: oystein.bjelland@volvo.com
Telephone: +47 95235576
Internet address: https://www.volvo.com
The contractor/concessionaire will be an SME: yes
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: 2 350 000.00 NOK
Total value of the contract/lot/concession: 2 350 000.00 NOK
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: Hordaland Tingrett
Postal address: Postboks 7412
Town: Bergen
Postal code: 5020
Country: Norway
E-mail: hordaland.tingrett@domstol.no
Internet address: http://hordaland.tingrett@domstol.no
VI.5)Date of dispatch of this notice:
31/01/2023