Hire of site machinery and personnel

Tilleggsinformasjon

Justification for cancellation

Sør-Varanger Municipality has decided to cancel the contest and believes that there are justifiable grounds for this, cf. § 25-4 of the Public Procurement Regulations (PPR). The reason for the cancellation is that there is an obvious factual possibility that there are errors that may have affected participation or the outcome of the competition. It has been assessed that the error can only be rectified by cancelling the tender contest.

Sør-Varanger municipality considers the tender documentation to be unclear on several points. Firstly, the tender documents do not include information about support from subcontractors for the fulfilment of the qualification requirements, or information about documentation of any such support.

Part II of the ESPD form, which includes information about the tenderer, was not used. This means that tenderers were not explicitly asked to provide information about subcontractors in their tenders. The information is also not requested elsewhere, for example in the offer letter. At the same time, the documentation requirement for the qualification requirement that the tenderer must have experience from comparable assignments allows the tenderer to document experience by referring to personnel at its disposal. It has not been requested that such availability be documented in the tender offer, and no further guidelines have been given for the documentation.

If the tenderer has access to the personnel in any other way than through the personnel being employed by the tenderer, such access must be documented. Pursuant to § 16-1 (1) of PPR, a tenderer may rely on the capacity of other companies to fulfil the requirement for technical and professional qualifications. Furthermore, the second paragraph of the same provision states that: "[i]f a tenderer relies on the capacity of other companies, it shall demonstrate that it has the necessary resources at its disposal, for example by providing a letter of commitment from those companies". In addition, according to the PPR § 17-1 (6), the tenderer must "submit separate self-declarations" if "the tenderer relies on the capacity of other companies".

Documenting the fulfilment of qualification requirements by referring to the competence of personnel who are not your own employees will largely be the same as using a subcontractor to fulfil the qualification requirement. In any case, such access must be documented. Making it possible to document experience by referring to personnel at the tenderer's disposal, but without providing further guidelines or requesting documentation of availability, may have created a lack of clarity for tenderers. Combined with the fact that the tender documentation does not provide any information about documentation of any support from subcontractors and that the ESPD form does not request information about the use of subcontractors, this lack of clarity may have affected participation or the formulation of tender offers.

The documentation requirement is also considered to be unclear in terms of what is required to fulfil the qualification requirement, and the contracting authority sees that the documentation requirement may have unintentionally significantly lowered the requirement for fulfilment of the documentation requirement.

Finally, Sør-Varanger Municipality is of the opinion that there is no significant reservation on the part of the contracting authority regarding the scope of the assignments. This constitutes an error in the description that may have resulted in the scope of the agreement being interpreted differently by the tenderers. It is necessary for Sør-Varanger Municipality to take reservations that there is a need to be able to hold its own contests outside of the framework agreement in connection with major investment projects. It is therefore necessary to make a change to the scope of the procurement, which cannot be done in any other way than by cancelling and re-announcing the contest.

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

Tilleggsinformasjon

Sør-Varanger Municipality has decided to cancel the contest and believes that there are justifiable grounds for this, cf. § 25-4 of the Public Procurement Regulations (PPR). The reason for the cancellation is that there is an obvious factual possibility that there are errors that may have affected participation or the outcome of the competition. It has been assessed that the error can only be rectified by cancelling the tender contest.

Tilleggsinformasjon

Sør-Varanger municipality considers the tender documentation to be unclear on several points. Firstly, the tender documents do not include information about support from subcontractors for the fulfilment of the qualification requirements, or information about documentation of any such support.

Tilleggsinformasjon

Part II of the ESPD form, which includes information about the tenderer, was not used. This means that tenderers were not explicitly asked to provide information about subcontractors in their tenders. The information is also not requested elsewhere, for example in the offer letter. At the same time, the documentation requirement for the qualification requirement that the tenderer must have experience from comparable assignments allows the tenderer to document experience by referring to personnel at its disposal. It has not been requested that such availability be documented in the tender offer, and no further guidelines have been given for the documentation.

Tilleggsinformasjon

If the tenderer has access to the personnel in any other way than through the personnel being employed by the tenderer, such access must be documented. Pursuant to § 16-1 (1) of PPR, a tenderer may rely on the capacity of other companies to fulfil the requirement for technical and professional qualifications. Furthermore, the second paragraph of the same provision states that: "[i]f a tenderer relies on the capacity of other companies, it shall demonstrate that it has the necessary resources at its disposal, for example by providing a letter of commitment from those companies". In addition, according to the PPR § 17-1 (6), the tenderer must "submit separate self-declarations" if "the tenderer relies on the capacity of other companies".

Tilleggsinformasjon

Documenting the fulfilment of qualification requirements by referring to the competence of personnel who are not your own employees will largely be the same as using a subcontractor to fulfil the qualification requirement. In any case, such access must be documented. Making it possible to document experience by referring to personnel at the tenderer's disposal, but without providing further guidelines or requesting documentation of availability, may have created a lack of clarity for tenderers. Combined with the fact that the tender documentation does not provide any information about documentation of any support from subcontractors and that the ESPD form does not request information about the use of subcontractors, this lack of clarity may have affected participation or the formulation of tender offers.

Tilleggsinformasjon

The documentation requirement is also considered to be unclear in terms of what is required to fulfil the qualification requirement, and the contracting authority sees that the documentation requirement may have unintentionally significantly lowered the requirement for fulfilment of the documentation requirement.

Tilleggsinformasjon

Finally, Sør-Varanger Municipality is of the opinion that there is no significant reservation on the part of the contracting authority regarding the scope of the assignments. This constitutes an error in the description that may have resulted in the scope of the agreement being interpreted differently by the tenderers. It is necessary for Sør-Varanger Municipality to take reservations that there is a need to be able to hold its own contests outside of the framework agreement in connection with major investment projects. It is therefore necessary to make a change to the scope of the procurement, which cannot be done in any other way than by cancelling and re-announcing the contest.