Procurement of equipment for smoke and chemical diving

Tilleggsinformasjon

Justification for cancellation

Notice of cancellation of a contest for the procurement of equipment for smoke and chemical diving

Asker og Bærum brann og redning IKS (ABBR) [Asker and Bærum Fire and Rescue IKS] refers to a contest for the procurement of equipment for smoke and chemical diving. The contest was announced on 15 December 2022 and the deadline for tenders was 19 January 2023.

ABBR hereby announces that the contest is unfortunately cancelled.

Below is a brief justification for the cancellation, cf. § 25-4 (2) of the Public Procurement Regulations.

In the requirement specifications in the tender documentation, an option for Telemetry/RD monitoring is included under topic 8. The option should be priced in the price form, cf. point 8.2. It also appears in the description of the award criterion "price" that partial prices for options were to be included in the price form (excluding VAT). Therefore, it is the opinion of ABBR's view, following an objective interpretation of the tender documentation, that the price of the option must be taken into account in the evaluation of the tenderers' prices. Not giving weight to the option in the price evaluation would be contrary to the requirement of predictability under § 4 of the Public Procurement Act.

However, if the evaluation of price is to include a voluntary option, two conditions must be met. Firstly, the option must be weighted in the procurement based on the probability of the option being exercised. Secondly, since offering the option is voluntary, there must be a methodology to compare offers containing the option with offers that do not contain the option.

These procurement law requirements have not been addressed in the contest. There is neither a method for weighting the probability of the option being exercised nor a method for comparing offers containing the option with offers that do not contain the option.

As the price criterion is designed in the contest, it is therefore not possible to compare the tenders received. The procurement regulations also do not allow for such methods as mentioned to be determined at this stage of the contest.

The procurement therefore suffers from an error in the procurement law that gives ABBR a legitimate reason to cancel the contest, cf. § 25-4 (1) of the Public Procurement Regulations. Since the error cannot be corrected in any other way than by cancelling the contest, there is also an obligation for ABBR to cancel the contest.

Notification is hereby given that ABBR will announce a new tender contest for the same procurement shortly. ABBR hopes to see all tenderers again in the new contest.

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

Tilleggsinformasjon

Asker og Bærum brann og redning IKS (ABBR) [Asker and Bærum Fire and Rescue IKS] refers to a contest for the procurement of equipment for smoke and chemical diving. The contest was announced on 15 December 2022 and the deadline for tenders was 19 January 2023.

Tilleggsinformasjon

In the requirement specifications in the tender documentation, an option for Telemetry/RD monitoring is included under topic 8. The option should be priced in the price form, cf. point 8.2. It also appears in the description of the award criterion "price" that partial prices for options were to be included in the price form (excluding VAT). Therefore, it is the opinion of ABBR's view, following an objective interpretation of the tender documentation, that the price of the option must be taken into account in the evaluation of the tenderers' prices. Not giving weight to the option in the price evaluation would be contrary to the requirement of predictability under § 4 of the Public Procurement Act.

Tilleggsinformasjon

However, if the evaluation of price is to include a voluntary option, two conditions must be met. Firstly, the option must be weighted in the procurement based on the probability of the option being exercised. Secondly, since offering the option is voluntary, there must be a methodology to compare offers containing the option with offers that do not contain the option.

Tilleggsinformasjon

These procurement law requirements have not been addressed in the contest. There is neither a method for weighting the probability of the option being exercised nor a method for comparing offers containing the option with offers that do not contain the option.

Tilleggsinformasjon

The procurement therefore suffers from an error in the procurement law that gives ABBR a legitimate reason to cancel the contest, cf. § 25-4 (1) of the Public Procurement Regulations. Since the error cannot be corrected in any other way than by cancelling the contest, there is also an obligation for ABBR to cancel the contest.