Public procurement notice: Contract Award Notice
Published: 2024-12-23
Buyer: Danske Lotteri Spil A/S
Country: DK
Region: DK012
Contract type: Services
Procedure: Negotiated with prior call for competition
CPV classification: 72000000 | 72200000 | 72210000: Software programming services | 72212000: Platform-specific software programming services | 72212100: Industry specific software programming services
Estimated value: 100000000 DKK
Award criteria: price, quality

Technical requirements: The procedure consisted of a 1) pre-qualification phase and 2) the tender stage. 
Pre-qualification is conducted as stated in the Contract notice. The deadline for application was 31 May at 13.00 local Danish time. Prequalified Tenderers was invited to submit initial tender. 

After receipt of initial tenders, the contracting entity conducted individual negotiation meetings with all tenderers who have submitted an initial tender within the deadline stated. The negotiations was conducted in accordance with the principle of equal treatment, and all tenderers were given the same amount of time for negotiations with the contracting entity. 

For further information on the process of the negotiations, reference is made to the tender specifications.
The contracting entity has conducted a tender with the following description: 

The contracting entity “Danske Lotteri Spil A/S” provides games within number games, scratch tickets and other e-instant games. The company is owned by Danske Spil A/S and are part of the Danske Spil group. 80% of the shares in Danske Spil A/S are held by the Danish government. The remaining 20% are held by two individual sports organisations (Danmarks Idrætsforbund and Danske Gymnastik- & Idrætsforeninger) who each own 10% of the shares.

This tender concerns an agreement concerning Application Development and Application Services related to Lotto-app and Associated Services. It is the contracting entity’s overall ambition to have the best and most acknowledged app for lottery games in the industry. 

The Agreement covers the following main services: 
A) Application Development 
B) Application Services 
C) Services as per Order in the form of Strategic Advice  
 
Ad main service A) 
Application Development covers the development of a new app for the Customer's lottery games. The app shall be developed in accordance with the Customer's requirements, including specific requirements for design.  

The Supplier shall deliver a native app for Apple iOS and a native app for Google Android.

The purpose of the Lotto-app is to cover the end-to-end user journeys related to the Customer's lottery game with the existing functions.

The Lotto-app is used by approximately 480.000 users covering all ages (above 18 years), sex and parts of Denmark. As such, the users cover a broad demography with differing technological skills.
 
The app shall integrate to the Customer's middlelayer API's and use the Customer's SDK's as described in the Agreement.

Before delivery of the Lotto-app, the Supplier shall perform comprehensive and well-structured testing of the app to ensure high quality of the app, and compliance with the Agreement. 

Ad main service B)
After delivery of the Lotto-app, cf. main service A), the Supplier shall deliver Application Services. Application Services covers support and maintenance. The Application Services shall be delivered from the acceptance date and untill termination of the Agreement.   

The Supplier's support service shall allow the Customer to contact competent support staff that can help the Customer in case of Incidents. The support function shall be available for requests during 8:-24:00 all days. 

Maintenance covers maintenence and continuing improvements to the app, including adaption to new versions of operations systems and third-party libraries. Maintenance shall be delivered by a fixed allocation team of 6 people, who shall deliver the maintenance services full time (approx. 37 hours a week) to the Customer and onsite from the Customer's premises at least 2 whole days a week. The maintenance services shall be delivered according to the Customer's SAFE coorperation method and the fixed allocation team shall participate as part of the Agile Release Train. 

Ad main service C) 
The Supplier shall deliver Services as per Order in the form of Strategic Advice.  

Strategic Advice covers advice related to UX, IT-strategy, commercial optimization, innovation and analyses (e.g. based on user tests or data from the app).

*** 
 
In addition to Strategic Advice, the Customer shall be able to procure Subsequent Development, New Development and Additional Application Services as Services as per Order. However, these services are not to be considered as main services.  
 
In general, reference is made to the tender material for more information.
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints of not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act. 

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.

3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.

4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is klfu@naevneneshus.dk.

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.
The Customer shall have the option to extend the term of the Agreement for up to four (4) additional periods of twelve (12) months each.


Winner: Danske Spil A/S
Number of bids: 3