Public procurement notice: Contract Award Notice
Published: 2018-04-19
Buyer: Danish Defence Acquisition and Logistics Organizations
Country: DK
Contract type: Services
Procedure: Negotiated without a prior call for competition
CPV classification: 72000000
Estimated value: 2487178 DKK
Award criteria: Lowest price

Technical requirements: Υπηρεσίες τεχνολογίας των πληροφοριών: παροχή συμβουλών, ανάπτυξη λογισμικού, Διαδίκτυο και υποστήριξη
This contract concerns acquisition of maintenance and support to DALO's HP test platform. DALO's HP test platform includes software products from the Hewlett-packard Suite, such as HP ALM used for managing test throughout the application delivery lifecycle. DALO's HP test platform includes the following software: HP QC enterprise integrator for SAP, HP QC Ent Site 5 CC Usr Pk SW, HP QC Ent Site USR SW, HP FT Site CC Usr ExistCust SW.
The contract is not divided into lots on the grounds that a division of the contract would undermine the economies of scale obtainable by procuring one contract.
DALO has awarded the contract regarding maintenance and support services for DALO's HP test platform software, so DALO is able to acquire maintenance and support including bugfixes, patches, hotfixes, versions, upgrades and support for the HP test platform software. DALO has conducted a negotiated procedure without prior publication of a contract notice because maintenance and support to HP test platform software only can be supplied by one particular economic operator because the 1 particular economic operator has the rights to deliver maintenance and support. DALO has therefore awarded the contract regarding maintenance and support to Entco Denmark ApS.
Entco Denmark ApS is the only economic operator that has the rights to deliver maintenance and support to DALO's HP test platform software. Entco Denmark ApS is a wholly owned subsidiary of micro focus international PLC who has the sole intellectual property rights based on copy rights and patents for the HP test platform software to be supported. DALO has furthermore conducted a tender with an open procedure to ensure competition of the maintenance and support services delivered under the contract. DALO did not receive any offers within tender deadline and DALO is not aware that any other economic operator than Entco Denmark ApS can do, deliver or resell maintenance and support of the HP test platform software.
DALO consider Entco Denmark ApS to be the only economic operator which is why the contract can be awarded in accordance with the Danish Public Procurement Act § 80 clause 3. paragraph 3.
Pursuant to Section 3 of the Danish Consolidation Act nº 593 of 2 .6.2016 on the complaints board for public procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:
Complaints regarding public procurements and decisions subject to Chapter II or III of the Public Procurement Act, which does not concern a candidate not being invited to tender, must in accordance with § 7(2) of the act on the complaints board for public procurement be filed with the complaints board for public procurement within:
1— 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date),
2— 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision,
3— 6 months starting the day after the contracting authority has sent notification to the candidates /tenderers involved that the contracting authority has entered into the framework agreement, cf. § 2(2) or § 171(4) of the public procurement act, provided that the notification included a short account of the relevant reasons for the decision,
4— 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the public procurement act.
The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to the complaints board for public procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the act on the complaints board for public procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1) of the said act.
The complaints board for public procurement’s own guidance note concerning complaints is available at the internet address stated in section VI.4.1.


Winner: Entco Denmark ApS
Award value: 2487178
Number of bids: 1