Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-06-09
Buyer: Ruter As (Forsyning)
Country: NO
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 34121000: Buses | 34121100: Public-service buses | 60000000 | 60100000 | 60112000
Estimated value: 190000000 NOK

Technical requirements: During the process of procuring a new Indre by contract, a global state of emergency has occurred due to the Corona Virus pandemic. As the situation now stands, it is difficult to have an overview of the economic consequences of the pandemic on the operation of public transport and the service provider's opportunity to submit tender offers.
We will use this prior information notice to extend the existing contract ‘Bus Services for Indre By 2017’ until 2 October 2022.
Originally the assignment included operation of Ruter's bus lines in central Oslo. The current assignment consists of one route area, with approx. 110 scheduled buses to cover the route production. In 2019 the annual value was approx. NOK 370 million. The contract was commenced on the 2 April 2017, with a duration of 3 years and the option to extend for 1 year + 1 year with a maximum duration until April 2022.
During the process of procuring a new Indre By contract, a global state of emergency has occurred due to the Corona Virus pandemic. As the situation now stands, it is difficult to have an overview of the economic consequences of the pandemic on the operation of public transport and the service provider's opportunity to submit tender offers.
We will use this prior information notice to extend the existing contract ‘Bus Services for Indre By 2017’ until 2 October 2022.
Originally the assignment included operation of Ruter's bus lines in central Oslo. The current assignment consists of one route area, with approx. 110 scheduled buses to cover the route production. In 2019 the annual value was approx. NOK 373 million. The contract was commenced on the 2 April 2017, with a duration of 3 years and the option to extend for 1 year + 1 year with a maximum duration until April 2022.
Ruter AS (hereafter called Ruter) intends to extend the existing contract ‘Bus Services for Indre By 2017’ with a change order. Unibuss is the existing operator of this contract that expires on the 3 April 2022. The change order will extend the existing contract until the 2 October 2022 on otherwise verbatim terms.
Ruter is of the belief that the Supply Regulation § 24 (1) letter c and d gives basis for the extension and that the extension will not cause a significant change to the contract.
Ruter is, and has over time, been in the process of holding competitive tendering for the bus services for Indre By with commencement in April 2022. However, the Corona pandemic has paralysed large parts of society and this also effects the planned competition. The tenderers are dependent on cooperating with sub-contractors of i.a. buses, IT services and e-infrastructure and to establish sufficient financing. As the situation now stands, it is difficult to have an overview of the economic consequences of the pandemic on the operation of public transport and the service provider's opportunity to submit tender offers. As there is great uncertainty related to these questions, Ruter believes that there is a real possibility that the competition may fail due to low participation, many conditions, high risk premiums and the like. The circumstances that have been pointed out have been have been unforeseen for the contracting authority and therefore give legal basis to extend the current contract with Unibuss.
In the original schedule, contract signing was planned for implementation in the middle of December 2020. This will give the winning tenderer the necessary time for commencement preparations, that i.a. Involve financing and delivery of bus materials with integrated digital services, deliver/installation of e-infrastructure for electric buses and necessary adaptations and the bus facility. To ensure effective and fair competition, it is essential to postpone the progress. The contract signing is therefore planned for June 2021, with a commencement date of the 2 October 2022.
Ruter considers it impossible to implement a interim competition for the extension. The existing operator has both knowledge, material and drivers to implement the operation in a justifiable and rational manner and there are no realistic alternatives to extending the contract with the existing operator.
If Ruter does not receive appeals within ten days of the announcement date, the existing contract will be extended for 6 months.


Winner: Oslo tingrett
Award value: 190000000