According to the invitation to tender, the Contracting Authority may decide to discontinue the procurement procedure at any time.
According to the Procurement Act the procurement procedure may be discontinued for factual and justifiable reasons.
In the well-established case law of the European Court of Justice and the Market Court in Finland it has been held that the applicable procurement rules do not provide that the option of the Contracting Authority to decide not to award a public contract put out to tender is limited to exceptional cases or must necessarily be based on serious grounds (see ECJ judgement C-27/98 Paragraphs 23 and 25). The Court has also held that there is no implied obligation on the Authority to carry the award procedure to its conclusion although that provision requires the Contracting Authority to notify candidates and tenderers of the grounds for its decision if it decides to withdraw the invitation to tender for a public service contract (Case C-92/00, Paragraph 41). The established case law of the European Court of Justice has been implemented to the applicable Procurement Act. According to the case law, the there are no limitation as to which phase of the procurement procedure the termination of the procurement procedure takes place.
According to the invitation to tender, the renovation of Alminsali stage floor elevator systems is planned to be executed during the summer shutdown in 2019. However, the schedule for variety of other works in the National Opera House has been changed after the Contracting Authority received the tenders. The schedule changes also affect the works in Alminsali and, therefore, the renovation works for Alminsali stage floor elevator systems cannot be executed according to the original plan.
Contracting Authority states that due to schedule changes in the National Opera House the contract for Alminsali stage floor elevator systems cannot be executed in 2019. Therefore, the Contracting Authority is not able to award the contract. Instead, the Contacting Authority is to suspend the procurement without awarding the contract.