Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-06-16
Buyer: RegionData
Country: NO
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 39132000 | 72252000: Computer archiving services | 79560000
Estimated value: 2365000 NOK
Award criteria: Lowest price

Technical requirements: The notice concerns entering into a maintenance contract (support) for RegionData's software installation of ePhorte. ePhorte is a case and archive system. In 2005, RegionData established their own server farm and in relation to this upgraded the at that time current case and archive system from Forum Winsak (NOARK 3 system) delivered by ErgoGroup, to ePhorte delivered by EVRY AS (NOARK 5 system). At that time, Lesja municipality used Kontor 2000, but was included in ePhorte without extra cost. RegionData consider the terms in the Regulation dated the 12 August 2016 No 974 concerning public procurements (the Public Procurement Regulations — PPR) § 13-4, letter b, number 3, cf. the Act dated the 15 June 2018 No 40 concerning copyright to intellectual property etc. (the Copyright Act [åvl.]) § 3 first paragraph, for procurement without competition to be met.
The procurement concerns extension of a contract for software maintenance (support) for RegionData's ePhorte/Elements portfolio. Maintenance involves continual creation and distribution of error corrections, support and upgrades in order to keep the software in secure and operationally good condition. The existing maintenance contract will soon expire and there is therefore a need to enter into a new maintenance contract based on SSA-V.
In connection with the sale of EVRY's case and archive services ePhorte was sold to operate under Sikri AS, further developed, upgraded and given the name Elements. Elements is an equivalent system to ePhorte with the same functionality and application format, and should thus be considered an upgrade of ePhorte. Elements is a Noark5 approved tool used for case management, archive management and document management, equivalent to ePhorte. In addition, all source code is very alike for both of the tools so that transition from ePhorte to Elements is only considered an upgrade of an already installed tool. The system will continue to be installed in RegionData's operational environment as a on-premises system.
EVRY AS was originally the copyright holder for the software, but after the merge between EVRY and Tieto, EVRY's case and archive system was sold and now operates under the name Sikri AS. Sikri confirms they have sole rights to present examples of the software, including error fixes and upgrades, etc. Skiri AS as such is the sole distributor of software and maintenance contract and has the sole rights to the software and associated maintenance services. Sikri is therefore considered sole rights to distribution of the software and associated maintenance services.
The regulations dated the 12 August 2016 No 974 concerning public procurements (the public procurement regulation – PPR) § 13-4, letter b, number 3 states that the contracting authority can implement a procurement without a competition if the procurement concerns services that only a specific supplier can deliver as the supplier has a sole right. ePhorte/Elements is adapted and integrated in RegionData's architecture. It would be very demanding to replace the case and archive tool, as well as to adapt all systems that utilise the functionality in ePhorte/Elements. The costs of a replacement, including the procurement of new licence, adaptations, testing and training would exceed the contract sum for the maintenance contract may times.
RegionData is not aware of any reasonable alternatives, cf. PPR § 13-4, letter b, last sentence. The provisions state that the aforementioned legal basis can only be used ‘when there are no reasonable alternatives and the lack of competition is not due to the contracting authority having adapted the procurement documents to a specific supplier’.
The terms for entering into a new maintenance contract without a competition are therefore deemed to be fulfilled.
The regulations dated the 12 August 2016 No 974 concerning public procurements (the public procurement regulation – PPR) § 13-4, letter b, number 3 states that the contracting authority can implement a procurement without a competition if the procurement concerns services that only a specific supplier can deliver as the supplier has a sole right. ePhorte/Elements is adapted and integrated in RegionData's architecture. It would be very demanding to replace the case and archive tool, as well as to adapt all systems that utilise the functionality in ePhorte/Elements. The costs of a replacement, including the procurement of new licence, adaptations, testing and training would exceed the contract sum for the maintenance contract may times.
The terms for entering into a new maintenance contract without a competition are therefore deemed to be fulfilled.


Winner: Sikri AS
Award value: 2365000