Public procurement notice: Contract Award Notice
Published: 2024-10-23
Buyer: Finanstilsynet
Country: DK
Region: DK011
Contract type: Services
Procedure: Negotiated with prior call for competition
CPV classification: 72200000 | 72220000: Systems and technical consultancy services | 72250000: System and support services | 72400000 | 72600000
Estimated value: 40000000 DKK
Award criteria: price, quality

Technical requirements: After receipt of initial tenders, the contracting entity will conduct individual negotiation meetings with all tenderers who have submitted an initial tender within the deadline stated. 

The negotiations will be conducted in accordance with the principle of equal treatment, and all tenderers will be given the same amount of time for negotiations with the contracting entity. Successive stages are not used in order to limit the number of tenders to be negotiated. 

After the negotiations, the contracting entity may choose to issue revised tender documents for further initial or final tenders. The tenderers will be informed thereof at the same time with an invitation to submit a revised initial or final tender. 

The contracting entity reserves the right to award the Contract on the basis of the first initial tender. 

The contracting entity will not pay a participation fee to the tenderers.  For further information on the process of the negotiations, reference is made to the tender specifications.
CANCELLATION OF THE TENDERED CONTRACT: 
The Danish Financial Supervisory Authority (hereinafter “the contracting entity”) has decided to cancel the tender process regarding the Contract described below. The reason for the contracting entity’s decision to cancel the tender process is primarily the lack of sufficient competition between the tenders, including the fact that no acceptable tenders containing a standard system as required in the tender material, including the contract notice, have been received.
 
Furthermore, the contracting entity has ascertained that the tenderers’ responses to the time schedule in relation the “Customer’s participation” have been submitted in such a way that it is not possible for the contracting entity to evaluate whether the time schedule “includes an appropriate division of responsibility between the tenderer and appropriate involvement of the contracting entity”. This is because the responses in relation to the “Customer’s participation” are given in such a way that the contracting entity cannot sufficiently derive the need for its participation in the implementation phase. Thus, the contracting entity has not been able to carry out the evaluation that had been assumed in relation to this part of the evaluation criterium in Appendix 1.2. In addition to the fact that this is a challenge in relation to the framework of the procurement law, it is also commercially critical for the contracting entity that it is not possible for the contracting entity to derive what is expected of the contracting entity in connection with the fulfillment of the Contract. 

Finally, the contracting entity has become aware that the tender is not sufficiently clear about the requirement that the offered standard System must be able to handle all types of reporting to EBA, EI-OPA and ESMA. 

DESCRIPTION OF THE TENDERED CONTRACT: 
I) Background and purpose: 
The Danish Financial Supervisory Authority (hereinafter “the contracting entity”) seeks a standardized Supervisory Technology (SupTech) Data Collection system (hereinafter the “System”) and related services to support legally required reporting of financial data from financial entities. This includes, but is not limited to financial reporting to EBA, ESMA and EIOPA. The primary purpose is to simplify compliance with current and future reporting requirements. 

II) Main Services: 
The tender includes the main Services A-D below. The System and Continuing Services are provided to the contracting entity as a “Software as a Service” (“SaaS”), which represents a way of providing a cloud service where users gain access to the software applications via the internet. 

A: Implementation Services:
The Supplier’s Implementation Services includes the following: 
1. Implementation of the System: The Supplier shall implement a standard System that can handle all necessary reports following the requirements at that time to EBA, ESMA and EIOPA.
2. Training/education of Customer’s employees in the use of the System.
3. API integration to Customer systems (data warehouse, master register of companies and persons, etc.)  
4. One time data exchange from the existing system, FIONA. 

B: Provision of the System and Continuing Services:
The Supplier’s Continuing Services includes the following: 
1. Provision of the System for the Customer’s use. 
2. Operation.
3. Maintenance. 
4. Support.

C. Services as per Order:
The Supplier’s Services as per Order consists of the following: 
1. Consultancy services.
2. Additional Modules from Supplier’s Roadmap.

D. Exit Services:
The Supplier shall provide Exit Services to the Customer in connection with full or partial termination of the Contract, including any reasonable and necessary assistance to the Customer in connection with the Customer’s transfer of the Services to the Customer or other suppliers.
The System shall be provided for the contracting entity's use via the internet as a "Soft-ware as a Service" ("SaaS"). 

Other Services may be delivered provided remotely, e.g., via remote access, telephone, email or chat unless otherwise agreed in writing between the Parties. However, see limitations to this in the draft of Contract, Appendix 12.
Reference is made to the tender specifications, Appendix A, paragraph 1, item 1.
Reference is made to the tender specifications, Appendix A, paragraph 1, item 2.


Winner: Mercell Holding ASA
Number of bids: 2