Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2018-03-08
Buyer: Narvik kommune
Country: NO
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 71310000 | 71541000: Construction project management services | 75112000
Estimated value: 20000000 NOK

Technical requirements: Award of a framework agreement for project assistance for the development and renovation of municipal buildings.
Narvik municipality intends to enter into a framework agreement with the 100 % owned subsidiary company Narvikgården AS for project assistance for the development and renovation of municipal buildings. The aim of the framework agreement is that Narvikgården AS shall take care of the builder role for development and renovation projects under the management of Narvik municipality.
This is not a construction contract. Construction and supplier contracts etc. are entered into directly between Narvik municipality and the contractor/supplier.
The framework agreement involves Narvikgården AS, after call-offs from Narvik municipality in each project, carrying out all assignments that are normally assigned to the builder, for example:
— Taking care of all obligations in accordance with the Builder Regulations, HSE requirements, official legal requirements and other relevant rules.
The framework agreement will be signed for 2 years, with Narvik municipality having an option to extend it for two periods of 1 year (total 2+1+1). The annual remuneration to Narvikgården AS under the framework agreement is estimated to be NOK 5 000 000.
The framework agreement does not involve any obligation for Narvik municipality to order a certain amount of services from Narvikgården.
It should be noted that Narvik municipality is uncertain whether the framework agreement is covered by the WTO agreement on public procurements (GPA). We have said 'yes' to this to be on the safe side.
The framework agreement will be valid for 2 years, with an option for the Narvik municipality to extend the contract for 1 + 1 year.
The award of the framework agreement is not covered by the Public Procurement Act and Public Procurement Regulations as the terms for expanded self-management are fulfilled, cf. the Public Procurement Regulations, § 3-1.
Narvikgården AS is a company that is 100 % owned by Narvik municipality. Narvikgården carries out property development, procurement, sale and rent of real estate as well as other activities that naturally come under this. The property development mainly relates to properties that were transferred to Narvikgården from the municipality when the company was established. Narvikgården also takes over buildings that are phased out of municipal operation. In addition, Narvikgården develops new areas in Narvik, in accordance with the municipality´s purpose of the company.
There are no direct private owner shares in Narvikgården AS. The terms in the Public Procurement Regulations § 3-1 (1) letter c are therefore considered to be met.
In Narvik municipality´s opinion, the municipality also exercises control over Narvikgården AS that is equivalent to the control the municipality exercises over its own activities, cf. the Public Procurement Regulations § 3-1 (1) letter a. The municipality is the general meeting in the company and it chooses all the board members. Narvik municipality also participates actively in Narvikgården AS' strategy work and participates in the design of the annual activity plan. Furthermore, the municipality participates in monthly operational meetings and annual owner meetings. Several of Narvikgården´s major development projects are imposed by the municipality through owner meetings, or imposed through town council decisions. The terms in the Public Procurement Regulations § 3-1 (1) letter a are therefore fulfilled.
In Narvik municipality´s opinion, Narvikgården carries out more than 80 % of its activity for Narvik municipality, cf. the Public Procurement Regulations § 3-1 (1) letter b. Narvikgården AS´activity is organised so that the company owns a considerable amount of property, handed over from Narvik municipality for commercial development, which Narvikgården AS manages, rents and resells. Narvikgården AS does not receive income from Narvik municipality, but the company´s activity is done on behalf of the municipality. The majority of Narvikgården AS' activity and turnover is from the company´s ownership in the properties handed over from the municipality, as well as from projects that the municipality or the town council instructs Narvikgården AS to buy and/or further develop properties. It is Narvik municipality´s opinion that the terms in the Public Procurement Regulations § 3-1 (1) letter b are met.


Winner: Narvikgården AS
Award value: 20000000