Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2022-06-13
Buyer: Udviklings- og Forenklingsstyrelsen
Country: DK
Contract type: Services
Procedure: Competitive procedure with negotiation
CPV classification: 72000000 | 72200000 | 72222300: Information technology services | 72230000: Custom software development services | 72240000

Technical requirements: Υπηρεσίες τεχνολογίας των πληροφοριών: παροχή συμβουλών, ανάπτυξη λογισμικού, Διαδίκτυο και υποστήριξη
Tender for the delivery, maintenance and operation of a declaration management system including implementation of import processes (DMS Import)
Re Section I.1) The Tender, cf. Contract Notice no. 2019/S 190-462423 concerned a joint procurement. Consequently, Section I of this Modification Notice should include both 1) Udviklings- og Forenklingsstyrelsen and 2) Toldstyrelsen as contracting authorities (in the following collectively referred to as "the Customer"). The Customer refers to the full provided information in Contract Notice no. 2019/S 190-462423. The purpose of the tender was to provide a platform that will enable the Customer to become compliant with the Union Customs Code (hereafter "UCC") according to the deadlines in the EU Commissions Multi Annual Strategic Plan (hereafter "MASP"). To ensure compliance with UCC, the Customer will through the tender procure a declaration management solution (hereafter "the Solution") and implement the functionality and integrations to support import declaration processes. The Solution is expected to be implemented according to deadlines in the MASP. The Customer expected the supplier to have in-depth knowledge in the customs domain and especially of the UCC and MASP. The Customer will use an agile approach for implementation with close collaboration and co-location at the customer location. The tender also includes additional services including training, hyper care, further development, changes, maintenance, support and operations of the solution. The Customer’s strategy was that the future Solution should be based on an existing standard software (commercial off the self-software) in the form of a declaration management system in use by other EU countries to support UCC compliance in import, export and transit processes to minimize project risk and timeline. The Solution must be able to support both EU requirements and national business requirements. To achieve this the Customer expected the functionality to support import, export and transit processes to be further developed and/ or adjusted in order to meet the Customer’s business needs to the extents that this was not already supported in the current functionality of the standard system. The Solution should also be able to support the functionality of export and transit declaration processes, but implementation of these processes was not included in the initial implementation part of this tender. However, it was the Customer’s intention to support the import processes through a minimum implementation based on the requirements in the UCC and necessary national business requirements. It was essential that the Solution was flexible to ensure a future-proofed system that could enable the Customer to effectively implement changes and additional functionality in lifetime of the Solution. This version of the description of the procurement at the time of conclusion of the contract is non-exhaustive. For the full version, the Customer refers to section II.2.4) of the Contract Notice 2019/S 190-462423.
Delivery, Maintenance And Operation of a Declaration Management System Including Implementation of Import Processes (DMS Import)
The Contract Notice, cf. 2019/S 190-462423 and Contract Award Notice, cf. 2020/S 130-319648 included information on the value of the contract. In section II.2.6 of the Contract Award Notice, the estimated total value of the contract was included as DKK 600.000.000. Furthermore, the Contract Award Notice included the awarded consortium's evaluation price of DKK 233,297,322 in section V.2.4). In section VI.3) of the Contract Award Notice, the Customer stressed that the total value of the contract stated in section V.2.4) was a total evaluation technical price used for the evaluation of economy in the tender procedure and subsequently not the actual contract value. For the purposes of the modification of the contract, the Customer has prepared an economic assessment and estimate of the actual value of the contract based on the price appendix to the tender documents. This estimate contains an expected contract value of approximately DKK 380,000,000, cf. section VII.2.3) of this Notice.
Pursuant to Section 3 of the Danish Consolidation Act no. 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply. A Complaint must in accordance with § 7(2) of the Act on The Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:
1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date).
The changes are deemed necessary for the performance of the contract as the delivered Solution from the awarded consortium is not technically able to be divided in the required separate import and export functionality process which renders the intended provision of an export functionality provided from another third-party supplier technically impossible. Consequently, the use of another suppler is not possible without causing significant financial or technical inconvenience and would result in significant problems and a significant increase in the costs for the Customer. In the Customer's technical assessment of the present situation, the Solution's branching, merging, deployment and testing combined with the parallel development of the Solution creates a range of significant issues, severe quality problems and a disproportionate level of run-backs in a case where an export solution from a third-party supplier is built into the shared code base. The Customer’s assessment is furthermore emphasized by the fact that the provision from another supplier is highly unlikely to be able to be implemented within the timeframe of the deadlines in the MASP. The value of the supplementary works does not exceed the thresholds for the value of the original contract, cf. section VI.3) and section VII.2.3). Additionally, the Customer considers this assessment to be in line with the recommendations from the independent IT-inspectorate (in Danish: “IT-tilsynet”) to the EUTK-programme which recommends to adjust the observed complex supplier management and governance scheme following the multi-vendor strategy. Furthermore, the Customer assess that the need for the change could not have been foreseen by a diligent contracting authority as the necessity of the modification was neither visible nor brought to the attention of the Customer at the time of the completion of the contract. Consequently, the Customer has clarified the required scope and functionality of the export and transit processes as well as how this can be implemented into the Solution from the awarded consortium within the mandatory MASP deadlines. On 12th May 2022, the Customer and the awarded consortium, cf. section VII.1.7) signed the addendum regarding the re-planning of the DMS-project, including the implementation of the export and transit functionality processes.
The Customer has assessed that it is practically not possible to have another supplier, than the consortium mentioned in section VII.1.7) of this Notice, to provide the required export and transit functionality process within the deadlines in the MASP. Consequently, the Customer modifies the contract with the consortium mentioned in section VII.1.7) of this Notice to include the purchase of an export and transit declaration processes module, cf. Section II.2.4).


Winner: Netcompany A/S