Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2016-07-15
Buyer: Jernbaneverket (The Norwegian National Rail Administration)
Country: NO
Region: NORGE
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 72000000 | 72100000 | 72200000 | 72300000 | 72500000
Estimated value: 16400000 NOK

Technical requirements: The reason for using a Voluntary ex ante transparency notice is that The Norwegian National Rail Administration is an object for reform, which was discussed in the Norwegian parliament in June 2015. 1 of the reform’s main objective is the division of the functions that are currently attended to by the Norwegian National Rail Administration. These functions and responsibilities shall be seen to and divided between a new directorate and a new company.
In connection with transforming the Norwegian National Rail Administration to a directorate and a state corporation, the Norwegian National Rail Administration intends to enter into a contract for operational services with SopraSteria AS, which is an operational provider for the Norwegian National Rail Directorate. The contract for operational services for the Norwegian National Rail Directorate is time-limited and will be entered into for a period of 1+1 year.
The total contract value, including option, is 16 400 000 NOK. The contract value is estimated based on estimates from the provider, which comprises costs for analyses, design, establishment and migration, as well as the operation of the system for a 1+1 year period.
The contract will be entered into as an agreement to vary the contract under the provisions in the operation contract the Norwegian National Rail Administration has with SopraSteria AS. This contract is based on the Government Standard Terms and Conditions regarding operational services: ‘Driftsavtalen: Statskonsult 2007 — K. 003178’. The Norwegian National Rail Administration has an option to transfer the agreement to vary to contract, K 003178 that is an underlying agreement to the directorate. This means that when the directorate is operative this will be an independent agreement between SopraSteria AS and the directorate.
The company will carry out jobs in several areas on behalf of the directorate. The company must e.g. conduct a number of calculations which the directorate shall use in connection with further research work. For authoritative assignments such as expropriation of properties, the company shall consider the case in own properties, while the directorate makes the formal decisions. Some of this also applies to presentation of obligation to a planning programme where both parties (the directorate and company) have roles in the process and have to, also in relation to ICT, have the same applications with updated maps, cartographic data, etc.
The interaction and exchange of data are so complex that due to technical reasons, it is not feasible to execute this in another manner than between 2 systems that are operated by the same operation provider, with total control of integrations and data exchange between the directorate and the company.
It is currently not feasible or suitable to initiate a publication for a potential change of such a strategic supplier as the current operation provider.
The Norwegian National Rail Administration considers the service content and technical complexity, the ongoing political alterations and the short-term contract provisions only can be provided by the existing provider. Cf. The Public Procurement Regulations § 14-4 litra c: “If the service, due to technical and artistic reasons, or in order to protect sole rights, can only be provided by a particular provider”. The Norwegian National Rail Administration clearly considers the requirement for using the exclusionary provision as fulfilled, as it is impossible to use different operation providers for the company and the directorate in the future critical transitional period.
Based on the above listed conditions, the Norwegian National Rail Administration has decided that it is most appropriate to enter into a limited contract of 1 year with SopraSteria AS for the delivery of operational services to the directorate. Option for 1 year extension.
Deadline for lodging appeals against this Voluntary ex ante transparency notice is Tuesday, 19 July at 24:00.
The Norwegian National Road Administration believes that the content and technical complexity of the services, the ongoing political alterations, as well as well as the available time, all mean that a procurement in this case can only be made from the existing supplier. Cf. the public procurement law and regulations § 14-4 litra C.
Based on the above listed conditions, the Norwegian National Rail Administration has decided that it is most appropriate to enter into a limited contract of 1 year with SopraSteria AS for the delivery of operational services to the directorate. Option for 1 year extension.
Details in connection with the system subject to establishment and operation will be given upon requests to: bermor@jbv.no Please write the following in the subject field: Forespørsel om detaljer for.
Deadline for lodging appeals against this Voluntary ex ante transparency notice is Tuesday, 19 July at 24:00.