Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2021-04-02
Buyer: Demand Norge AS
Country: NO
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 48000000 | 48400000 | 48440000 | 48443000 | 72200000
Estimated value: 6400000 NOK

Technical requirements: The procurement is for an extension to a contract for operation and software maintenance (support) of Ferde's debt collection system 'Predator', including additional services.
The procurement is for an extension to a contract for operation and software maintenance (support) of Ferde's debt collection system 'Predator', including access to user rights, support, and upgrades. Predator is a debt collection system that fulfils the requirements for debt collection activities and the ICT regulations. Only the supplier can carry out the maintenance on its own source code and can award user rights, so that the contract with the supplier is legal. The current contract will be transferred to SSA-D and SSA-V.
In 2013 Demand Norge AS signed a contract for the delivery of the 'Predator' software with the accompanying support and maintenance with the then SystemPartner Norge AS, which is now called Concent AS. Concent AS was the original rightful owner of the software, but in 2020 the Nordic technology company Banqsoft AS bought the Norwegian software company Concent. Banqsoft AS as such is the sole distributor of software and maintenance contract and has the sole rights to the Predator software and associated maintenance services. Banqsoft is therefore considered to have acquired the sole rights to the distribution of the software and associated maintenance services. Banqsoft AS confirms they have sole rights to produce examples of the software, including error fixes and upgrades, etc.
The Predator debt collection system is adapted to and integrated in Demand Norge's 'architecture'. It would be very demanding to replace the debt collection system and adapt all the systems that use Predator functionality. The costs of a replacement, including the procurement of new licences, adaptations, testing and training would significantly exceed the contract sum for the maintenance contract.
Demand Norge is not aware of any reasonable alternatives, c.f. PPR section 13-4, letter b, last sentence. The provision states that the previously mentioned legal basis can only be used 'when there are not reasonable alternatives and the lack of competition is not due to the contracting authority having adapted the procurement documents for a specific supplier'. The terms for entering into a new operation and maintenance contract without a contest are therefore deemed to be fulfilled.
The contract period is 2 (two) years from the date stated in the contract's page two (start-up date). The contract will then be renewed automatically for 1 (one) year at a time, unless 6 (six) months notice is given by the contracting authority before the renewal date.
Demand Norge AS intends to sign this contract on Monday 12 April 2021 at 13.00 with Banqsoft Credit Management AS. If you have any objections to this contract, contact the undersigned before the contract is signed.
The regulations dated 12 August 2016 No 974 on public procurements (the public procurement regulations – PPR) section 13-4, litra b, number 3 state that the contracting authority can make a procurement without a contest if the procurement is for services that only a specific supplier can provide as the supplier has a monopoly. The Predator debt collection system is adapted to and integrated in Demand Norge's 'architecture'. It would be very demanding to replace the debt collection system, and adapt all systems that use Predator functionality. The costs of a replacement, including the procurement of new licences, adaptations, testing and training would significantly exceed the contract sum for the maintenance contract.
The terms for entering into a new maintenance contract without a competition are therefore deemed to be fulfilled.


Winner: Banqsoft Credit Management AS
Award value: 6400000