Public procurement notice: Contract Award Notice
Published: 2021-01-27
Buyer: Lillestrøm Kommune
Country: NO
Contract type: Works
Procedure: Competitive procedure with negotiation
CPV classification: 45100000: Site preparation work | 45200000: Building and civil engineering work | 45216121 | 45261000 | 45300000
Award criteria: Lowest price

Technical requirements: Roboty budowlane w zakresie wznoszenia kompletnych obiektów budowlanych lub ich części oraz roboty w zakresie inżynierii lądowej i wodnej
Lillestrøm Municipality would like to establish a full-time fire station at Sørumsand, to the east of Glomma. Lillestrøm Municipality is responsible for regulating, engineering, and constructing the new fire station. Access must be established to the fire station at the driveway between the new and the existing county road. The fire station will be built as a climate ambitious fire station. The project will be a demonstration construction site for CleanCon to promote the use of work machines that run on electricity or other renewable energy sources.
Lillestrøm Municipality would like to establish a full-time fire station at Sørumsand, to the east of Glomma. Lillestrøm Municipality is responsible for regulating, engineering and constructing the new fire station. Access must be established to the fire station at the driveway between the new and the existing county road. The fire station will be built as a climate ambitious fire station. The project will be a demonstration construction site for CleanCon to promote the use of work machines that run on electricity or other renewable energy sources.
CleanCon (Clean Construction Machinery) is an EU financed project that facilitates the cooperation of public and private organisations in the Øresund — Kattegat — Skagerak area in order to promote the use of zero-emission machinery within building and construction projects and municipal operations, so that the development of technological solutions is pursued throughout procurements and dialogues int he entire actor chain.
The tender contest has to be cancelled in accordance with the PPR Section 25-4 (1). The KOFA case 2021/166 (21) states that a ‘contracting authority is obliged to cancel a contest if an error has been made, if the error cannot be corrected in another way than cancelling the contest, and the error has influenced who has participated, or has been significant for the outcome of the contest’. When there is an obligation to cancel, the ‘justifiable reason’ requirement in the PPR section 25-4 (1) is thus fulfilled.
During a review of the qualification applications, it became apparent that the tender documentation had uncertainties that can have influenced the outcome of the qualification and selection, and thus would have been significant for the outcome of the contest.
The uncertainties are around the qualification requirement ‘the supplier's technical and professional qualifications’ in point 1.4.7 of the tender documentation. Point 1 states that:
‘Tenderers must have experience from projects of corresponding complexity and scope. See the documentation requirement in point a.’
The description must include the contract form, the assignment's value, date and contracting authority. It is the tenderer's responsibility to document relevance through the description. Tenderers can document experience be referring to the competence of the personnel that can be used for this project, in their own organisation or at associated suppliers, even if the experience that has been acquired while the personnel was in the service of another employer.’
Neither the qualification requirement nor the documentation requirement states whether, or to what degree the project must be completed or taken over by the builder. This lack of information made it difficult for the contracting authority to decide whether tenderers were qualified. The uncertainty was apparent for several of the tenderers, and it influenced the outcome of the contest.
‘Tenderers must be able to show good references from the execution of equivalent assignments for other public contracting authorities. See the documentation requirement in point b.’
‘Tenderers must present certificates from previous contracting authorities for satisfactory execution of the submitted reference projects in the above point. Certificates from other projects can only be submitted if it is not possible to obtain certificates for the reference projects.
Details of a contact person from the previous contracting authority must be given. The certificates must state to what extent the work was professionally executed and properly completed. The contracting authority reserves the right to contact the reference persons.’
Point 1.4.7, requirement point 2 of the tender documentation states that the submitted certificates for the reference projects in point 1 must be for public contracting authorities, an equivalent requirement is not stated in point 1. The documentation requirement in point 2 makes a clear connection between the reference projects in point 1 and the certificates in point 2. This connection between the requirements in points 1 and 2 and the fact that point 2 is drawn up as a central additional requirement that is not stated in point 1, makes these to qualification requirements appear unclear.
A change to the contest's qualification requirements will nevertheless be seen as a significant change to the tender documentation, which is not allowed in accordance with PPR Section 14-2 (1). It will therefore not be possible to correct these uncertainties in other ways than cancelling the contest, c.f. the KOFA case 2021/166 (21).