Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2021-02-01
Buyer: Ruter As (Forsyning)
Country: NO
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 34121000: Buses | 34121100: Public-service buses | 60000000 | 60100000 | 60112000
Estimated value: 175000000 NOK

Technical requirements: In the process with procuring a new Indre by contract, it has been determined to merge he current two contracts in a combined procurement. The procurement process has begun, such a situation is now due to the ongoing pandemic, it is difficult to have an overview of the possible changes in the travel pattern and financing of the planned public transport offer. With this prior information notice, Ruter will therefore extend the existing contracts, ‘Bus Services in Indre by 2017’ and 'Bus Services Oslo West 2012', with 14 weeks until the end of the operation day,  7 January 2023.
Originally, the current two contracts covered the operation of Ruter's bus lines in parts of Oslo and Fornebu. The current assignment consists of two contracts, with approx. 190 scheduled buses to cover the route production. In 2019 the annual value was approx. NOK 670 million. Commencement of the Oslo West contract was the 7 October 2012 and the Indre by contract on the 2 April 2017. At this point in time, all options for extension have been utilised.
In the process with procuring a new Indre by contract, it has been determined to merge the current two contracts in a combined procurement. The procurement process has begun, such a situation is now due to the ongoing pandemic, it is difficult to have an overview of the possible changes in the travel pattern and financing of the planned public transport offer. With this prior information notice, Ruter will therefore extend the existing contracts, ‘Bus Services in Indre town 2017’ and 'Bus Services Oslo West 2012', with 14 weeks until the end of the operation day, 7 January 2023.
Originally, the assignment included operation of Ruter's bus lines in parts of Oslo East, Central Oslo and Fornebu, with altogether approx. 70 scheduled buses in order to cover the route production. In 2019 the annual value was approx. NOK 300 million. Commencement of the contract was the 7 October 2012. At this point in time, all options for extension have been utilised.
In the process with procuring a new Indre by contract, it has been determined to merge the current two contracts in a combined procurement. The procurement process has begun, such a situation is now due to the ongoing pandemic, it is difficult to have an overview of the possible changes in the travel pattern and financing of the planned public transport offer. With this prior information notice, Ruter will therefore extend the existing contracts, ‘Bus Services in Indre by 2017’ and 'Bus Services Oslo West 2012', with 14 weeks until the end of the operation day, 7 January 2023.
Originally, the assignment included operation of Ruter's bus lines in parts of Central Oslo and with altogether approx. 110 scheduled buses in order to cover the route production. In 2019 the annual value was approx. NOK 370 million. Commencement of the contract was 2 April 2017. At this point in time, all options for extension have been utilised.
Ruter AS (hereafter called Ruter) intends to extend the existing contracts ‘Bus Services for Oslo 2012’ with a change order and ‘Bus services Indre by 2017’ during change orders. The change orders will extend existing contracts to apply until the end of the operating day on the 7 January 2023 on otherwise verbatim terms.
Ruter is of the belief that the Supply Regulation § 24 (1) letter c and d gives basis for the extension and that the extension will not cause a significant change to the contracts.
Ruter is, and has over time, been in the process of holding competitive tendering for the bus services for Indre by with commencement in October 2022.
Due to the ongoing pandemic, it is difficult to have an overview of possible long-term changes in the travel mode and financing of planned collective offers. The financing primarily covers the ticket revenues and subsidies from public authorities. The tenderers are dependent on cooperating with sub-contractors of i.a. buses, IT services and e-infrastructure and to establish sufficient financing. As the situation now stands, it is difficult to have an overview of the economic consequences of the pandemic on the operation of public transport and the service provider's opportunity to submit tender offers. As there is great uncertainty related to these questions, Ruter believes that there is a real possibility that the competition may fail due to low participation, many conditions, high risk premiums and the like. The circumstances that have been pointed out have been unforeseen for the contracting authority and therefore give legal basis to extend the current contracts.
In order to reduce the financial risk for both the contracting authority and the suppliers, and to reduce the risk of customers being harmed, as well as ensuring effective competition, it is crucial that Ruter has more time for analyses, calculations and dialogue with the market before the competition is announced.
This is considered to be a significant Dette anses som en endring som er nødvendig som følge av omstendigheter som en aktsom oppdragsgiver ikke kunne forutse, jf. forsyningsforskriften § 24-1 (1) bokstav c og d. With this prior information notice, Ruter will therefore extend the existing contracts, ‘Bus Services in Indre by 2017’ and 'Bus Services Oslo West 2012', with 14 weeks until the end of the operation day, 7 January 2023.
The existing operator has both knowledge, material and drivers to implement the operation in a justifiable and rational manner and there are no realistic alternatives to extending the contract with the existing operator.
If Ruter does not receive appeals within 10 days of the announcement date, the existing two contracts will be extended for 14 weeks months.


Winner: Oslo tingrett
Award value: 175000000