Intention notice for a direct procurement of a maintenance agreement with ViaTech for measuring vehicles.

Description du marché

Purpose Novari IKS, on behalf of Agder, Akershus, Buskerud, Finnmark, Innlandet, Møre og Romsdal, Nordland, Rogaland, Telemark, Troms, Trøndelag, Vestfold, Vestland and Østfold counties, intends to negotiate a maintenance contract with the equipment and system supplier ViaTech. The contract is for maintenance of equipment and software for measuring vehicles that are used for track and evenness measurements, initial measurements, friction measurements and road pictures. The agreement is intended to include maintenance of a total of eight measuring vehicles that are already the counties' property. Novari IKS will be responsible for the negotiations with ViaTech, while it is up to each county to make an independent decision as to whether they would like to enter into the maintenance agreement and thereby act as a contract party. Background At the turn of the year 1 January 2020, the coordinated responsibility for county road administration was transferred from the Norwegian Public Roads Administration to the counties. This responsibility applies to all counties except Oslo (which does not have county roads). As of 1 January 2020, the Norwegian Public Roads Administration had a fleet of 15 measuring vehicles, procured at different times, with an existing maintenance contract with Viatech AS for both equipment and software. As a consequence of the regional reform, which significantly reduced the length of the road network under the Responsibility of the Norwegian Public Roads Administration, 8 of these 15 measuring vehicles were considered redundant. The counties were offered to take over the 8 excess measuring vehicles, and all were taken over by the counties. A condition for the transfer was that the counties entered into the contract party in the existing maintenance contract with Viatech AS, and thus assumed responsibility for their share of the costs connected to the maintenance of equipment and software. This agreement runs until November 2024. Type of procedure Contract signing without a prior tender notice • The procurement is outside the scope of the procurement regulations. Grounds The terms for direct procurement of a maintenance contract with Viatech without a competition in accordance with PPR § 13-4, letter b) no. 2 and no. 3 are deemed to be fulfilled. Based on Novari ́s surveys and knowledge of the market, it is the contracting authority ́s clear opinion that Viatech AS is the only supplier who can cover the counties ́needs for maintenance of the existing equipment. Competition is impossible for technical reasons In accordance with the provision, the contracting authority can hold a procurement without a competition if it concerns services that only one specific tenderer can deliver because "competition is impossible for technical reasons". Technical reasons mean that there is only one tenderer who can provide the service. In this case it is not known that others than Viatech can offer the necessary maintenance of equipment and software for the measuring vehicles. Furthermore, there is only one supplier who can ensure that the service functions together with the contracting authority ́s existing systems. The counties currently use PMS for planning cover maintenance and publication of asphalt offers. This software, which is delivered and owned by the Norwegian Public Roads Administration, is integrated with data from Rosita - a database for condition registration of road surfaces, also owned by the Norwegian Public Roads Administration. PMS uses data from Rosita for optimum function. Based on this, it is considered obvious that a notice will not promote the competition or improve the purchasing terms. The requirement for technical reasons that make competition impossible is therefore deemed fulfilled. Competition is impossible due to sole rights In this case it is Viatech AS who has the sole right to the ViaPPS portfolio, including the equipment mounted on the measuring vehicles. The exception for the direct procurement does not apply if the sole rights holder has given a license to other actors who can provide the relevant service, as this would open to several suppliers. However, based on available information, there are no other actors who have rights or the necessary competence to maintain the equipment and software for the measuring vehicles. The requirement for impossibility due to sole rights is therefore seen as fulfilled. Conclusion The legal terms so that the contracting authority can procure Gemini Terrain without a competition, in accordance with PPR § 13-4, letter b) no. 2 and no. 3, are deemed to be fulfilled. The contracting authority informs this intention notice that the counties intend to enter into a maintenance contract with Viatech AS for the measuring vehicles, based on the regulations on public procurements § 13-4, letter b) no. 2 and no. 3.

Pouvoir adjudicateur