This announcement concerns an ongoing contract for the Northern School in Östersund municipality to be expanded to address the rotten parts of the timber frame of house A and the reasons why the frame has partially rotted. This after it turned out that the timber frame of the building was partly rotten when replacing three panel boards in an inner corner when repainting the facade would take place. They then opened the facade in several places, and realized that the damage was on several inner and outer corners. In addition, there are injuries related to the design of the waist, which they will also be remedied. The municipality has also considered unpredictable circumstances as a basis, but considers that the corners would never have rotted if the roof drainage had been adequately managed. This should have been detected and reported during the annual inspections to be carried out on the municipality’s properties. This has not been done, and the condition of the frame was therefore unknown to the project team. Background During the ongoing construction of Norra Skolan in Östersund, the municipality had commissioned additional work in the form of a repainting of bad façade on houses A and B. When the contractor was to replace three bad boards in the façade, it was discovered that the timber frame behind the panel was rotten in the inner corner. Then reefed the panel in the inner corner so we could see how big the damage was in that particular corner, and realized that it was most likely a combination damage, from both the waist design, the installation of the downpipes and maintenance of the roof drainage. The decision announced here is that a supplementary order pursuant to Chapter 17, Section 11 of the Public Procurement Act (2016:1145) will be invoked in order to complete the contract. Exemptions to expand procurements shall be used restrictively. However, the exception used is directly applicable by its wording. If there are opposing interpretations, the municipality is open to dialogue, as the municipality will sign a supplementary agreement no earlier than ten days from the publication of this notice. The justification for using the exemption is also that the municipality's residents' tax money should be used in the best possible way and that a new procurement would entail disproportionate inconvenience and costs for the municipality, in relation to what a new procurement would achieve for other procurement purposes. The requirements for applying Chapter 17, Section 11 of the Public Procurement Act are that a supplementary order for goods, services or works may be made from the supplier who has been awarded the contract without a new procurement having to be carried out, if the order does not entail an increase in the value of the contract by more than 50 per cent and provided that: 1. the order has become necessary; 2. the supplier cannot be changed for economic or technical reasons; and 3. a change of supplier would entail significant inconvenience or significantly higher costs for the contracting authority. A supplement To the wording, the name of the exception is a supplement. A supplement to the municipality's view in this case is that the contract will now also include repairing the frame and rebuilding the waist so that it gets a slope so that snow cannot remain. These works were not originally planned to be included in the contract. A necessity Since the building permit cannot be approved without repairing the load-bearing capacity of the frame, the contract must also cover these works, as there will also be internal work with reinforcement. The ordering of the supplement has become necessary. The necessity has not been foreseen, but since the project initially covered only ventilation, larger classrooms and relocation of the dining room and kitchen, the scope of the project has been kept down and inspections to detect these deficiencies have not been carried out and there was no suspicion that these circumstances existed. Nor have these circumstances been brought to the attention of the project team through the annual inspections to be carried out. Unlike Chapter 17, Section 12 of the LOU, for the exception there is no explicit requirement of unpredictability for the application of Chapter 17, Section 11 of the LOU. Economic reasons The criteria for economic reasons in Chapter 17, Section 11, first paragraph, points 1 and 2, of the Public Procurement Act are overlapping and are considered to have been met. The planned addition is, above all for economic reasons, not justifiable to procure as a new contract. There are also strong technical reasons for not procuring new contracts as described below. Apart from such costs that will always arise and entail increased costs, such as procurement, time waste, set-up time, obstacles, etc., the municipality considers that continuing within the same contract would be economically advantageous. The cost of coordination for having two contracts in the same construction area is not considered to be minor in this context. Technical reasons The measures on the backbone of other contracts are considered to be very complex in economic, technical and coordination terms. There is also a high risk of disputes that cannot be predicted at this stage. These factors will be costly for the municipality and a new procurement would result in a difficult economic situation for the project. We can also not so final information on house A until it has been possible to ensure that the building achieves the fire load, which in turn means that we can not get an approved final inspection because the relationship document for fire is missing. A supplementary design before a new call-off would have to be carried out, in which the various connections and their transfer points between the contracts would be studied in detail. Increased costs as well as extreme technical problems are expected to arise in both the already awarded contract and the new contract. A significant inconvenience It is also a significant inconvenience that the project is delayed if a new contract needs to be procured and called off. Norra Skolan will move back from Körfältsskolan and have term start 2026-08-03 in the new premises. In the contract called off there is a functional responsibility according to ABT 06, thus increased inconvenience will arise regarding liability issues in a new procurement.
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