Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2022-08-23
Buyer: TenneT TSO B.V.
Country: NL
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 48000000 | 72000000

Technical requirements: Like other TSOs and utility companies, TenneT TSO B.V. and TenneT TSO GmbH use ArcGIS software from the Environmental Systems Research Institute, Inc. (“ESRI”), Redlands, California, USA and/or ESRI Nederland B.V. as a geographic information system (GIS). This ArcGIS software consists of several parts and these parts together form the ArcGIS platform.
The ArcGIS platform has been in use at TenneT TSO for more than 10 years. The ArcGIS platform offers all the functionality to integrate maps and spatial analyzes into TenneT's business systems, dashboards and reporting systems.
At TenneT TSO there is a need to continue working with the current GIS system. The existing GIS system is based on the ESRI ArcGIS software, which is supplied by the same party.
ESRI has exclusive rights that are not licensed to others, so that even for reasons of exclusive rights (including intellectual property rights such as copyright, database law, trademark law and protection of know-how) no other party can provide the software and services as described. Due to the technical reasons stated here, we conclude that competition is absent. For this reason and due to the fact that these exclusive rights must be protected, the negotiated procedure without prior call for competition was chosen in accordance with article 3.36 of the Dutch Public Procurement Act (“Aanbestedingswet 2012”).
If an alternative system has to be used (insofar as a comparable system is present), a completely new GIS environment would have to be built, which would involve substantial additional costs and substantial divestments. In addition, any alternative system presents disproportionate technical difficulties when using and maintaining the equipment, including the software.
ESRI ArcGIS software is also used within TenneT's OneBMR harmonization project. The products within this project have been tendered according to the legal procedure and are expected to go into production in mid-2023.
Before entering into the agreement (which includes licenses, associated maintenance & support and advice) with ESRI, TenneT TSO will give market parties the opportunity to object to this decision within 20 calendar days, calculated from the date of publication. The final date to act against this decision is therefore September 7th 2022. You may lodge an objection against the intended award decision by sending an email to Bob Goosen (bob.goosen@tennet.eu) up to twenty days after publication of this notice and after expiry of this period you will forfeit any right to lodge an objection against this decision.
ESRI has exclusive rights that are not licensed to others, so that even for reasons of exclusive rights (including intellectual property rights such as copyright, database law, trademark law and protection of know-how) no other party can provide the software and services as described. Due to the technical reasons stated here, we conclude that competition is absent. For this reason and due to the fact that these exclusive rights must be protected, the negotiated procedure without prior call for competition was chosen in accordance with article 3.36 of the Dutch Public Procurement Act (“Aanbestedingswet 2012”).



Winner: Environmental Systems Research Institute, Inc.