Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2021-07-13
Buyer: Nye Veier
Country: NO
Contract type: Works
Procedure: Competitive procedure with negotiation
CPV classification: 45000000: Construction work | 45100000: Site preparation work | 45233139 | 63712200 | 71240000

Technical requirements: The contract work for E39 Kristiansand west – Mandal east includes engineering design and construction of approx. 19 km of new four-lane motorway with a speed limit of 110 km/hour from Kristiansand west to Mandal east, with an option for maintenance and operation. The stretch of road goes through the western part of Kristiansand Municipality, through Songdalen Municipality and Søgne Municipality and somewhat into Mandal Municipality. The speed limit will be 110 km/h on the entire stretch.
Engineering design and construction of Grautheller intersection is part of the turnkey contractor's contractual obligations in this contract. Grautheller intersection is defined as a separate work package in chapter D1.1, point 3.2.1.4.01 of the contract. Other technical delivery description for the contract item, hereunder also Grautheller intersection, appears in chapters D0, D1.2 and D2.
The contract sets requirements that Grautheller intersection must have a design that allows future adaptation to the municipal plan Plan.id 1406 E18/E39 Ytre Ringvei Vige- Volleberg, adopted 26 February 2016, so that newly built structures/road facilities must not be demolished in future contracts (the Outer Ring project). In the adopted plan program for E18/E29 it states that Outer Ring will be reviewed for a dimensioning speed of respectively 80 and 100 km/hour. This dimensioning assumption is part of the contract and formed the basis for the turnkey contractor's design and solution selection of Grautheller intersection. At the same time as the turnkey contractor's final design of Grautheller intersection in autumn 2020, changed assumptions from the builder were introduced. In the builder's planning process works with the Outer Ring project, it was decided in autumn 2020 to dimension the Outer Ring for 110 km/hour. It was also decided to adjust the tunnel placement, including geometry, which determined the interface into the Grautheller intersection.
The builder's changed assumptions and criteria affected the turnkey contractor's original solution selection of the intersection, and consequently required changed engineering design and execution.
• Replacement of a supplier will lead to ongoing work connected to the Grautheller intersection under the applicable turnkey contract would have to stop, pending the implementation of a new procurement process for the adjoining intersection contract. Stopping ongoing work will lead to unpredictable delays and thereby significant additional costs among other things, connect to rigging and operation, change requirement in the existing turnkey contract etc., and could also lead to negative socio-economic consequences of delayed completion of and traffic on the new E39 Kristiansand west — Mandal east;
• It would be extremely technically complex to implement two parallel contracts in order to design and build parts of the same contract work in Grautheller intersection, under two different contracts. One such solution would entail considerable risk for significantly more costs for the builder with mutually affected works with lowered productivity, and in pricing of a new procurement.


Winner: AF Gruppen Norge AS