Forsvarets logistikkorganisasjon (FLO) 986105174, Postboks 800, Postmottak, FLO F DAA Section for shared and support systems, For the attention of: Trine Reitehaug, Lillehammer, 2617, NORWAY. Telephone: +47 63808146. E-mail: treitehaug@u.forsvaret.no
(Supplement to the Official Journal of the European Union, 21.3.2014, 2014/S 57-096304)
2014/S 090-158241
RE:
CPV:48000000
Software package and information systems
Incomplete procedureThe contract has not been awarded
Other additional information
The contracting authority shall, as soon as possible, give written notification with a short reason if the competition is cancelled, cf. § 20-16 (2) letter d (the contracting authority's duty to given a reason). FOA § 22-1 (1) states: ”The contracting authority can cancel the competition with immediate effect if there is a justifiable reason”.
Only one valid tender was submitted in the competition.
The Appeals Board's established practice is that a contracting authority can have a justifiable reason to cancel a competition in accordance with § 22-1 (1) when only one tender exists, cf. amongst other things, the cases 2010/259 term (40), 2010/7 term (50) and 2008/216 term (36). Reference is also made to the EU's lawcourt's case C-27/98 («Metalmeccania») in which it was stated that the contracting authority in such cases cannot compare the prices or the other elements in the different tenders, and can, therefore, cancel on the grounds of a lack of competition.
With this background FLO has decided to cancel the procurement of 2013035525 KGV, cf. FOA § 22-1 (1).