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Example 12:
No EU-procedure applied - the annual value of
the supply was below the threshold, but the total
value of the contract exceeded the threshold
A Danish company approached its contact point
because a Swedish municipality had entered into a
2-years' supplies contract with an option of
another 2 years' supplies. The value of the annual
supply was below the threshold for EU-procedure,
but the value of the total contract - calculated as a 4
years' contract - exceeded by far the threshold.
Contact with the Swedish contact point had immediately
the consequence that the municipality concerned
acknowledged that a mistake had been
made. However, as the contract already had been
concluded, it was not possible for the Swedish contact
point to alter anything at the actual moment
but refer the complainant to the court with a claim
for compensation.
Still, the problem-solving method of the network
co-operation has the advantage that it is based
upon the persuasive power of the national competent
procurement authority vis-à-vis the contracting
authority concerned. The possibility in this
case was that the Swedish contact point authority
could influence the municipality concerned in
order at least to prevent that the awarded contract
was renewed under the option beyond the first 2-
years' period. After some discussions between the
Swedish contact point and the municipality this
result was obtained.
This case is a very illustrative example of the practising
of the problem-solving method described.
Re: II.2. Problems are to be solved in a low-conflictual
atmosphere
Example 13:
Short time limit for preparing the bid under the
Utilities Directive
In a call for tenders carried out by a Norwegian
contracting entity under the Utilities Directive -
the restricted procedure - a company from another
country was selected as a candidate and received
the tender documents 13 days before expiry of the
deadline for the entity's receipt of tenders. The
contract documentation was voluminous (95
pages) and in Norwegian language. Besides, a visit
to the site was required.
The company asked its contact point, whether it
was acceptable to give such a short time limit without
any reason.
The time limit for receipt of tenders may be fixed
by mutual agreement between the contracting
entity and the selected candidates. In this case
there was no agreement in relation to the complaining
company. The general rule is that, in the
absence of a mutual agreement, the time limit shall
be at least 24 days from the date of the invitation to
tender and in any case no less than 10 days. The
time allowed shall be sufficiently long to take
account in particular among others voluminous
documentation and the need for a visit to the site.
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