Public procurement notice: Contract Award Notice
Published: 2020-07-13
Buyer: Alta Kommune
Country: NO
Contract type: Supplies
Procedure: Open procedure
CPV classification: 09310000 | 65310000: Electricity distribution
Award criteria: Lowest price

Technical requirements: Alta Kommune [Alta Municipality] extends an invitation to participate in a open tender competition for a framework agreement for Electricity, physical supply and portfolio management.
Porsanger Kommune and Lebesby Kommune [Porsanger Municipality and Lebesby Municipality] will participate in the competition and will draft their own contracts with selected tenderers.
This notice is a collaboration between three municipalities: Lebesby, Porsanger and Alta Municipality. Alta Municipality is responsible for the notice.
Alta Municipality is a growth municipality with approx. 21 000 residents. The service production for the Municipality's residents is safeguarded by about 2 000 employees and managers, distributed over 90 different units, organised in three different service areas and associated common functions.
Porsanger Municipality has a population of approx. 4 000 residents with the municipal centre in Lakselv, innermost in the Porsanger Fjord.
Lebesby Municipality has a population of approx. 1 300 residents. Lebesby is located at Laksefjorden, between Bekkarfjorden and Ifjorden.
Alta Municipality, in collaboration with Porsanger Municipality and Lebesby Municipality, wants to sign a contract for the purchase of electricity and portfolio management. The notice will include the entire need for electric power to the three municipalities. Handling of concessionary power may also be assessed as part of the contract.
The award will be based on which tender has the best relationship between price and quality, based on the following criteria, stated in order of priority: we write the best relationship between price and quality. With the great difference in price that we have in this circumstance, in practice, with the advertised evaluation model, it will be a pure price competition where the price is the only criteria deciding the competition. It is not appropriate. In reality we are talking about small differences, but proportionately the impact is large. The evaluation model means that the quality is of no significance at all. When the intention was that the quality should be weighted 60 %, there is something wrong when the criteria has little or no significance.
The contracting authority has made this error and must take the consequences of that by cancelling the competition.
https://www.anbud365.no/internasjonalt/sverige/ok-avlyse-nar-evalueringsmodellen-ikke-gir-onsket-resultat/
The evaluation model must be suitable for identifying the economically most advantageous tender offer as defined through the given award criteria and your weighting, any prioritisation, hereunder be suited to award relevant price differences between the tender offers, cf. the Appeals Board cases 2011/203 (Statkraft Varme) premise 133, 2010/43 (Via Travel) premise 54 and 2011/176 (VWR International) premise 68 with further references.
A result where one tender gets a maximum score, 40 points and all other tender receive under 1 point for price criteria, is completely unreasonable. This clearly shows that the evaluation model is not functioning.
Marianne H. Dragsten writes in her book ‘Public Procurements’ Universitetsforlaget 2013 s. 604: if the result in these cases is unreasonable, random or in another manner not suited to identify the economically most advantageous tender offer, the competition must be cancelled and possibly announced again.
We consider that a cancellation in this case is unbiased and maintain the cancellation as it is communicated.