Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-12-04
Buyer: Digitaliseringsdirektoratet
Country: NO
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 72000000 | 73000000 | 73100000 | 73200000
Estimated value: 19500000 NOK

Technical requirements: Voluntary Ex-ante Transparency Notice — Contract with DigitalNorway for the Development and Establishment of Datafabrikken
The Directorate for Digitalisation plans to enter into a contract with DigitalNorway in order to cooperate on the development and establishment of Datafabrikken.
The legal basis for entering into a contract without holding a contest is the exception provision in the Public Procurements Regulations, Section 2-5. The provision is based on the fact that research and development contracts (R&D contracts) can be exempted from the procurement rules.
DigitalNorway is a non-profit entity that was started in 2017 by 15 engaged business persons in order to speed up the digitalisation of Norwegian businesses, with particular focus on small and medium sized companies.
The Directorate for Digitalisation plans to enter into a contract with DigitalNorway in order to cooperate on the development and establishment of Datafabrikken.
Datafabrikken is a service that will give small and medium sized companies, academia, and minor public entities quick and easy access to data, tools (such as artificial intelligence), and competence so that new services and new businesses can be developed. The government has nominated DigitalNorway as a collaboration partner for the establishment of Datafabrikken, see the press release from the Ministry of Local Government and Modernisation (KMD) dated 7 October 2020:
'The government would therefore like to establish Datafrabrikken as a joint digital platform for sharing public and private data with small and medium sized companies nationwide. The Datafabrikken will be developed, run, and managed in a collaboration between DigitalNorway, the Directorate for Digitalisation and other relevant environments.'
Between NOK 17.5 million-NOK 19.5 million excluding VAT. If Digdir does not take up the options, the value can be less than the estimate. Furthermore, the contract value depends on resources being put aside in the government budget every year.
The contract with DigitalNorway is exempted from the procurement rules, as it is a research and development contract (hereafter called R&D contract) in accordance with the exemption in the Public Procurement Regulations, Section 2-5. The contract involves a collaboration/partnership and not a traditional supplier/buyer relationship. Both Digdir and DigitalNorway will contribute with work in order to develop and establish Datafabrikken in line with the Government's goals and ambitions. Digdir will also pay DigitalNorway for the development services via resources that have been granted by KMD. The Public Procurement Regulations, Section 2-5 state that two terms must be fulfilled in order for the contract to be exempted. Firstly, it is a prerequisite that the research and/or development is the main element of what will be provided in the contract. The aim of the contract is to 'develop new knowledge or new technology' in the sense that Datafabrikken's objective is that data is used from the public and private sectors for the development of digital services. The services are developed by SMBs based on tools, competence, and infrastructure developed in Datafabrikken. The tools and competence that are developed will include advanced data analysis, including artificial intelligence. There is currently no such service or knowledge in the Norwegian market. It is, thus, about something new and development is a central part of the contract. Furthermore, the Public Procurement Regulations, Section 2-5 express that one of two alternatives must also be fulfilled to exempt the contract:
Digdir will receive financing from KMD that is earmarked for work on the development and establishment of Datafabrikken. Furthermore, term B is fulfilled: Datafabrikken and the result of the work carried out will benefit several groups in society, both the private and public sectors and academia. The mentioned groups will get direct advantages through new knowledge, tools, and processes to prepare their own value increasing analysis.


Winner: DigitalNorwayAS
Award value: 19500000