The following activities are included in the scope of this contract for each of the lots: Activity 1 – preparation of an investment project in the technical design phase; Activity 2 – implementation of works (construction and installation works) under the approved investment project; Activity 3 - Supervision during construction. The full volume of activities under each of the lots is specified in the Technical Specification, which also plays the role of Design Terms of Reference for the award of the Investment Project. Due to the nature of the project and the specificity of the activities, the contracting authority (municipality) is a different person from the owners of the site of intervention, making an award under the concluded contract. The contracting authority limited the ‘maximum number of lots’ for which one tenderer may submit a tender, namely to two. The motives for this are dictated by several factors. Firstly, limiting the number of POs in which a participant can participate implies more competition and allowing more economic operators, i.e. promoting competition. Next, the successful completion of the works by mid-2027, as required by the Just Transition, will be ensured. The measure is lawful and provided for in Article 46(4) of the Public Procurement Act, and has corresponding advantages over the possibility of limiting the ‘number of lots that may be awarded to one tenderer’. The chosen approach involves more real competition in so far as it minimises the risk of refusal to conclude a contract due to winning another lot, which places the Contracting Authority, which ‘acts on behalf of the condominium’, in a situation of relative dependence on the will of the contractor. The scope of this public procurement for each of the lots includes the following activities: Activity 1 – preparation of an investment project in the technical design phase; Activity 2 – implementation of works (construction and installation works) under the approved investment project; Activity 3 - Supervision during construction. The full volume of activities under each of the lots is specified in the Technical Specification, which also plays the role of Design Terms of Reference for the award of the Investment Project. Due to the nature of the project and the specificity of the activities, the contracting authority (municipality) is a different person from the owners of the site of intervention, making an award under the concluded contract. The contracting authority limited the ‘maximum number of lots’ for which one tenderer may submit a tender, namely to two. The motives for this are dictated by several factors. Firstly, limiting the number of POs in which a participant can participate implies more competition and allowing more economic operators, i.e. promoting competition. Next, the successful completion of the works by mid-2027, as required by the Just Transition, will be ensured. The measure is lawful and provided for in Article 46(4) of the Public Procurement Act, and has corresponding advantages over the possibility of limiting the ‘number of lots that may be awarded to one tenderer’. The approach chosen involves more real competition in so far as it minimises the risk of refusal to conclude a contract due to winning another lot, which places the Contracting Authority, which ‘acts on behalf of the condominium’, in a situation of relative dependence on the will of the contractor.
Text automatically translated in your browsing language
Automatically translated
