Lyhyt kuvaus
This notice is the suspension notification of the compression heat pumps for heat pump project (The Pått project) procurement.
According to section 116 § of the Act on public contracts in special sectors (1398/2016), the procurement procedure may be suspended only for a real and justified reason. The provisions of section 114 § concerning the decision on procurement shall apply to the decision to suspend the procurement procedure.
According to the draft legislation, in assessing the reason for the suspension, the contracting entity must pay attention to whether the suspension of the procurement procedure is based on real reasons and whether the solution would discriminate against candidates or tenderers.
According to the case law the suspension of a procurement procedure has not been considered to be in breach of the rules on public procurement, where the suspension was based on real reasons (ao. KHO 2015 T 861, KHO 2015 T 875).
In the case law and legal literature the real reasons have been considered to be among other things, that
- a change in the subject of the procurement or the need to procure during the procurement procedure
- the invitation to tender has proved to be open to interpretation or error
During the procurement process the overall timeline and Project schedule has been changed and the estimated completion will move forward for some months. In the process, Vaasan Sähkö is also going to correct Procurement documentation for the risk of any possible subjects to interpretations regarding the preliminary Project schedule and some technical requirements presented in procurement documents.
There is a legitimate reason for suspending the procurement for the reasons mentioned above in the legislation. The solution does not discriminate against suppliers.