Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2021-11-23
Buyer: The Ministry of Foreign Affairs, Danish Embassy in Kiev
Country: DK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 48612000: Database-management system | 48800000 | 51600000 | 72230000: Custom software development services | 72240000
Estimated value: 914000 DKK
Award criteria: Lowest price

Technical requirements: In August 2019, the Ministry of Foreign Affairs, Danish Embassy in Kiev (MFA) and Synergy International Systems (Synergy) entered into Contract DC3270 regarding the delivery, maintenance and support of an eCase Management System (eCase MS) following an EU tender procedure. The EU tender procedure was announced via contract notice no. 2019/S 063-146918 in the Official Journal of the European Union, and the award of the Contract to Synergy was announced via contract award notice no. 2019/S 169-413567 in the Official Journal of the European Union.
On the basis of this contract, the MFA now intends to award Synergy the assignment to deliver second phase integration of two other electronic systems with the eCase MS.
In August 2019 the Ministry of Foreign Affairs, Danish Embassy in Kiev (MFA) and Synergy International Systems (Synergy) entered into Contract DC3270 regarding the delivery, maintenance and support of an eCase Management System (eCase MS) following an EU tender procedure. The EU tender procedure was announced via contract notice no. 2019/S 063-146918 in the Official Journal of the European Union, and the award of the Contract to Synergy was announced via contract award notice no. 2019/S 169-413567 in the Official Journal of the European Union.
On the basis of this contract, the MFA now intends to award Synergy the assignment to deliver second phase integration of two other electronic systems (the URPI system and the D3 system) with the eCase MS.
The need to integrate the URPI and the D3 systems with the eCase MS was described in general terms in sections II.1.4) and II.2.4) of the Tender Notice and was in more detail described in the technical specifications of the tender documents (Requirement no. 70 i section B of Appendix 3).
In the tender documents it was presupposed that the URPI and the D3 systems would integrate with the eCase MS through a third system (the Trembita system). However, after the commencement of Contract DC3270, it was discovered that the URPI and the D3 systems are not connected to the Trembita system making it considerably more difficult to complete the integration of the two systems with the eCase MS.
Under these circumstances, the MFA acknowledges that the completion of the integration of the URPI and the D3 systems with the eCase MS is not covered by the original contract sum of DKK 19,445,495.54.
The parties have agreed that the MFA will pay Synergy approximately DKK 506,000 to complete the second phase integration of the URPI system with the eCase MS. Furthermore, the parties have agreed that the MFA will remunerate Synergy to complete the second phase integration of the D3 system with the eCase MS by i) spending 472 prepaid hours reserved for completing change requests and ii) paying an additional amount of DKK 116,832. According to Contract DC3270, a total of 600 hours reserved for the completion of change requests is included in the yearly service and maintenance fee.
As a consequence, the assignments to deliver second phase integration of the URPI and the D3 systems with the eCase MS have a total value of approximately DKK 914,000, but only approximately DKK 622,700 is effectively paid from the MFA to Synergy to complete the integrations.
Given the facts as described in section II.2.4) above, the MFA assesses that awarding Synergy the assignments to complete second phase integration of the URPI and the D3 systems with the eCase MS does not constitute material changes of Contract DC3270, cf. section 178(2) of the Danish Public Procurement Act (Act no. 1564 of 15 December 2015 with subsequent changes).
- System integration is described as a part of the scope of the contract as described in the contract notice published in the Official Journal of the European Union, and the MFA had intended for the URPI and D3 systems to be integrated with the eCase MS via the Trembita system as outlined in the tender documents
- The price for completing the assignments is approximately DKK 914,000, which is less than the threshold value for EU tenders of DKK 1,036,259 for services and a little less than 5 percent of the original value of the contract
- The price for completing the assignments has been fixed in accordance with the regulations on change request of the contract by which the pricing of the assignments corresponds to the general price level of the contract. Thus, the award of the assignments to Synergy will not change the economic balance of the contract to the advantage of Synergy
- The misconception regarding the URPI and the D3 systems being connected to the Trembita system was a part of the tender documents and it affected all received tenders during the original procurement procedure. The MFA has no reason to assume that it would have attracted further participants to the procurement procedure or would have enabled the MFA to accept another tender than the tender originally accepted if the tender documents had rightfully stated that the URPI and the D3 systems were not connected to the Trembita system
The MFA is following the procedure described in section 4 of the Act on the Danish Complaints Board for Public Procurement (Act no. 593 of 2 June 2016). The MFA will not award the assignments to complete the second phase integration of the URPI and the D3 systems with the eCase MS to Synergy before the expiry of a 10 days' time period following the publication of this VEAT notice in the Official Journal of the European Union.


Winner: Synergy International Systems
Award value: 914000