Moll Wendén has assisted Veidekke Entreprenad AB with an application to revise the procurement proceeding concerning the new construction of four tower blocks in the zoning plan for Parkkvarteret 9, Slottshöjden, in the city of Helsingborg.
The contracting authority excluded Veidekke from the evaluation as it claimed Veidekke’s bid did not meet the mandatory requirement of a certain specified gross floor area. The contracting authority argued that Veidekke’s balconies are glazed and should therefore be included in the total gross floor area.
“There was no reason to exclude Veidekke’s offer”
In their reasoning the Administrative Court writes that the contracting authority cannot show that Veidekke’s balconies would be totally glazed and nothing else has emerged to show that Veidekke does not meet the current requirement.
The Adminstrative Court states that the contracting authority did not have reason to exclude Veidekke’s bid from the evaluation and has in accordance with Veidekke’s claim decided that Veidekke’s application be accepted and the procurement proceedings may not be concluded until Veidekke’s bid is taken up for revision.
Veidekke was assisted by Moll Wénden.