Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
- The works, supplies or services can be provided only by a particular economic operator for the following reason
- absence of competition for technical reasons
Explanation
The current global shortage of microchips arising from closure of factories due to Covid-19 has seriously disrupted the supply of cars and particularly vans, resulting in huge order backlogs and delays, that are predicted to last well into 2023. This means that production of specialised vans needed by the RSA would likely experience even longer delays. In addition, the internal and external retrofitting needed for the RSA Enforcement Vans and Check-it-Fits Van would also be delayed as most of the components needed for the retrofitting are not available at the moment.
The RSA is, therefore, satisfied that a competition for this contract cannot be held at this time because no one in the market except the incumbent can supply the specialised vehicles that meet RSA requirements. The RSA is further satisfied that:
i. no reasonable alternative or substitute exists at the moment;
ii. the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. Specifically:
a. The shortage of microchips and resulting shortage of vans is not artificial;
b. The need for highly bespoke vehicles that need to be retrofitted is not artificial either – standard “off-the-shelf” vans would not meet RSA needs without retrofitting.
c. The timelines needed to source and retrofit these vehicles are not artificial – they have been determined in line with current climate and future market projections.
Overall, the RSA is satisfied that sufficient grounds exist to invoke Article 32.2.(b)ii) and award a new 3-year contract to Holden Plant Rental Ltd directly.
The RSA intends to hold a competition for this contract in 2022 and award a contract with sufficient lead in time to source and retrofit the vehicles, as required.
The procurement is covered by the Government Procurement Agreement
: yes