OEM maintenance of actuators and valves
The tender by N.V. Nederlandse Gasunie concerns the maintenance of actuators and valves. Gasunie has determined that only Mokveld Valves B.V. can perform the maintenance, as they hold the intellectual property and the valves are specifically tailored to Gasunie requirements. There is no reasonable market competition, as no alternative supplier possesses the knowledge and experience to perform the maintenance. Therefore, Gasunie is making use of Article 3.36 paragraph 1 sub c under 2 in conjunction with under 3 of the Procurement Act, which allows for a negotiated procedure without publication. The procedure is a service contract without a CPV code, aimed at an exclusive supplier.
Services · Onderhandeling zonder bekendmaking · European procedure
01What is being requested
The tender by N.V. Nederlandse Gasunie concerns the maintenance of actuators and valves. Gasunie has determined that only Mokveld Valves B.V. can perform the maintenance, as they hold the intellectual property and the valves are specifically tailored to Gasunie requirements. There is no reasonable market competition, as no alternative supplier possesses the knowledge and experience to perform the maintenance. Therefore, Gasunie is making use of Article 3.36 paragraph 1 sub c under 2 in conjunction with under 3 of the Procurement Act, which allows for a negotiated procedure without publication. The procedure is a service contract without a CPV code, aimed at an exclusive supplier.
The contracting authority has determined that only Mokveld Valves B.V. can perform the contract for the execution of maintenance because they hold the intellectual property. Gasunie cannot share the design with the market in order to (attempt to) create competition regarding the maintenance. Since the valves meet the specific requirements of Gasunie and there is no reasonable alternative or substitute in terms of valves—which would also allow a third party to have acquired the knowledge and experience necessary to perform the required maintenance—competition is lacking in the market for the af
02Exclusion grounds
- No specific exclusion grounds were extracted. In a European tender, the mandatory and discretionary grounds of art. 2.86/2.87 of the Dutch Procurement Act almost always apply — check the European Single Procurement Document (ESPD).
03Value in context
The contracting authority did not publish an estimated value — common for a large share of contracts. The EU threshold for diensten is € 221.000, for reference.
04Likely competitors
05Legal themes that may be relevant here
06Frequently asked questions
Why was a procedure without publication chosen?
What is the objective of the contract for the actuators and valves?
Why is there no competition in this contract?
Automatically compiled from the official tender data and documents.
07Estimated value versus the market
€ 350K
€ 1,0 mln
€ 3,3 mln
Gegunde waarden in CPV 50 · diensten n=1189