Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2017-04-14
Buyer: Oslo kommune, Vann- og avløpsetaten
Country: NO
Region: Oslo
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 72500000
Estimated value: 8700000 NOK
Award criteria: Lowest price

Technical requirements: VAV uses Gemini software to document the pipeline network and customer enquiries. Gemini VA /Gemini Portal and Gemini Melding have become a part of the vital applications for VAV. It is very important that VAV has access to the necessary competence to ensure stable operation of the software and systems, as well as capacity to carry out the required system improvement measures.
The maintenance contract shall provide support and maintenance services for the software/systems we currently have from Powel: — Gemini VA includes the ESRI geo database Geova — Gemini Melding — Gemini Portal, with the added modules ‘Diary registration’, ‘WFS service’, ‘Link to PGArkiv’, ‘Valve Position’ and ‘Picture Registration’ — Gemini Oppmåling — Gemini Matrikkel sync.
Attention is drawn to the fact that from 1.1.2017, VAV's procurements will be covered by the regulations on procurement rules in the utilities sector dated 12 August No 975 (the utilities regulations). However, as the tender invitation was sent to the supplier in 2016 and negotiations have been ongoing from December 2016, the public procurement regulations (FOA) dated 7.4.2006 No 402 parts I and III will form the basis for the procurement. The utilities regulations § 9-3 will regulate equivalent situations.
The procedure has been a negotiated procedure without a prior notice in accordance with FOA § 14-4, letter c. The exception provision lists several alternative terms for use, as follows: ‘If the service, due to technical or artistic reasons or to protect a monopoly, can only be provided by 1 specific supplier’.
VAV has in-depth knowledge of the national and international market. In this case there is only 1 tenderer who can carry out the services and there are no equivalent services that can be offered by another supplier. The reason for this is that the Gemini products are proprietor software, with the supplier having the sole rights to software applications and source codes. The sole rights also mean that there are no other consultants than the supplier Powel who can offer assistance in Gemini products. It is, thus, only Powel who has the necessary technical competence in the products. It would, thus, not be effective to have assistance from another supplier. When the above mentioned is taken into consideration, it is understood that the supplier Powel, in addition to having the sole rights, is also the only supplier who can actually provide the services in question. The terms for using the exception provision in § 14-4, letter c, are, thus, deemed to be fulfilled.
VAV plans a generation shift of the management system. Work for the change can take another 4 years. There is, therefore, a need for the above mentioned contracts for a further 4 years. The reason is that the change is considerably more demanding that expected. The change requires some prerequisites to be in place. On a national level, VAV has, in the last 3 years, been an initiator in preparing SOSI pipelines as a national standard for the pipeline network, in cooperation with the branch and the Norwegian Mapping Authority. This time-consuming work has contributed to the water and sewage branch having a national data exchange standard that is closer to open international standards, that all software suppliers shall deal with in the future. VAV is in the process of facilitating a real competition for software systems. At the same time, VAV has carried out a preliminary project for a new management system that selected a clear development strategy and has actively worked on modernising VAV's map systems.


Winner: Powel AS
Award value: 8700000