In the preliminary relief proceedings initiated by the UEC consortium (comprising Unica, ENGIE and Croonwolter&dros) regarding the UG tendering procedure for installation services for its new Feringa Building, the judge delivered judgement on Friday 21 June 2019. According to this judgement, the UG is required to reconduct part of its tendering procedure, but can carry out its intention not to award the contract to the installation firms working together in the UEC consortium.
In mid-March, the UG decided not to consider UEC’s bid for this contract because it believed that its quote had not been determined on competitive terms and was much too high. Subsequently, the University decided to grant the contract privately to another installation firm. The judge ruled that this action was not permissible, even in these special circumstances. Therefore, the UG was obliged to make use of the resolutive condition in the contract with this installation company and to cancel the contract. At the same time, the UG definitively decided not to award the contract to UEC.
“We are investing public money in a new laboratory building for the Faculty of Science and Engineering,” says Jan de Jeu, Vice President of the UG. “And we saw that the tendering procedure for the installation work was carried out without any market competition, and consequently, the services were offered for a quote that was too high. Acting on the advice of external legal counsel and other considerations, we were convinced that in the specific conditions of this difficult tendering procedure, it was admissible to grant the contract privately to another firm. Unfortunately, the judge has ruled differently”, De Jeu continued. “Therefore, we are starting a new tendering procedure and are confident that we will be able to complete the Feringa Building according to plan.” On 1 July, the construction contractor Ballast Nedam will begin work on the foundations of the building.
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