EU solidarity with Ukraine
Prozorro+: Ukrainian public procurement platform
Denmark-Frederiksberg: IT services: consulting, software development, Internet and support
Section I: Contracting authority
Section II: Object
Tender for the Delivery, Maintenance and Operation of a Declaration Management System Including Implementation of Import Processes
The purpose of the tender is to provide a platform that will enable the Danish Customs Agency to become compliant with the Union Customs Code (hereafter UCC) according to the deadlines in the EU Commissions Multi Annual Strategic Plan (MASP). To ensure compliance with UCC the customer will through this tender procure a declaration management solution (hereafter the Solution) and implement the functionality and integrations to support import declaration processes. The solution is expected to be implemented according to deadlines in the MASP. The customer expects the supplier to have in-depth knowledge in the customs domain and especially of the UCC and MASP. The customer will use an agile approach for implementation with close collaboration and co-location at the customer location. The tender also includes additional services including training, hyper care, further development, changes, maintenance, support and operations of the solution.
The customer’s strategy is that the future solution should be based on an existing standard software (commercial off the self-software) in the form of a declaration management system in use by other EU countries to support UCC compliance in import, export and transit processes to minimize project risk and timeline. The solution must be able to support both EU requirements and national business requirements. To achieve this the customer expects the functionality to support import, export and transit processes to be further developed and/or adjusted in order to meet the customer’s business needs to the extents that this is not already supported in the current functionality of the standard system. The solution should also be able to support the functionality of export and transit declaration processes, but implementation of these processes is not included in the initial implementation part of this tender. However, it is the customer’s intention to support the import processes through a minimum implementation based on the requirements in the UCC and necessary national business requirements. It is essential that the solution is flexible to ensure a future-proofed system that can enable the customer to effectively implement changes and additional functionality in lifetime of the solution. A major goal of acquiring a declaration management platform is a high degree of reuse of integrations and data across the declaration processes for import, export and transit.
In order to implement the functionality for import the solution should support the following procedures under which goods may be placed in accordance with the UCC; release for free circulation and special procedures together with temporary storage.
The scope of the solution also includes implementation of several integrations. The solution must be able to integrate to EU customs systems as well as several national systems within the Danish Tax Authority and other relevant systems. The number of integrations that must be implemented during the initial implementation part of this tender is 25 whereas 6 of them are integrations to EU-hosted customs systems and the rest of them are to national systems. The customer expects integrations to relevant EU custom systems to be available as part of the offered standard software.
The supplier is also expected to work closely with other suppliers of the customer working on other parts of the UCC program.
Additional services in the tender apart from the implementation of import functionality and integrations includes training, hyper care maintenance, support (both internal and external users, in close collaboration with the Customer) and operations of the solution throughout the agreement. Operations services initially covers operations of the solution including import and later also operations of export and transit when functionality to support these are developed. Operations services cover environments from development to production, hence establishment and operations of development, test and production environments with required hardware, software and security.
The annual load the solution must support (across import, export and transit) is estimated to be around 19 500 000 declarations corresponding to approximately 78 000 000 goods items. It is essential that the Solution can support and scale to the need of capacity in terms of concurrent active users and amount of transactions. The main body of declarations will be received electronically from the companies through a gateway. The main body of users for the solution will be at the customs agency, but also users from (smaller) companies. It is expected that the number of received declarations, etc. will increase significantly over the years partly due to ongoing implementation of export and transit and partly due to upcoming legislative changes e.g. Brexit, changed limits for submission of a declaration and centralized clearance, etc.
The selection of candidates that are invited to tender will be based on an assessment of the candidates with the most relevant similar references, cf. Section III.1.3). In the assessment references demonstrating experience with parameter 1), cf. Section III.1.3) are evaluated more positive than references demonstrating experience with parameter 2). References demonstrating experience with parameter 2), cf. Section III.1.3) are evaluated more positive than references demonstrating experience with parameter 3). References demonstrating experience with parameter 3), cf. Section III.1.3) are evaluated more positive than references demonstrating experience with parameter 4). References demonstrating experience with parameter 4), cf. Section III.1.3) are evaluated more positive than references demonstrating experience with parameter 5). References demonstrating experience with all or most of the parameters 1) — 5) will be evaluate more positive than references demonstrating experience with one or just a few of the parameters 1) — 5), cf. Section III.1.3). In the evaluation the Customer will focus on the three (3) most relevant references for each applicant. The evaluation will thus be based on a total of three references for each applicants. This means that applicants can strengthen the application by providing multiple similar references. If 2 or more applicants have achieved identical evaluations based on the best 3 references the customer will then focus on the quality and number of the remaining references, starting by comparing the fourth best references for each of the applicants having receiving identical evaluations and so on until there is a decisive difference in the evaluation between the applicants.
Please note that any ambiguities and/or incomprehensibilities in the information submitted under Section III.1.3) may be regarded negatively in the evaluation when selecting the limited number of candidates.
The contract will have no fixed expiration day, but will run until terminated. The estimated value in Section II.2.6) is based on a 10 year period. The customer has decided not to divide the tender into lots since the tender concerns a critical it-system which is to be used across the Danish customs sector.
Section III: Legal, economic, financial and technical information
1) The applicant shall submit information on the applicant’s annual turnover for the last 3 audited financial years. The information shall be stated in the European Single Procurement Document, Part IV.B ‘General yearly turnover’, cf. Section VI.3) below;
2) The applicant shall provide information on the applicant’s equity for the last 3 audited financial years. The information shall be stated in the European Single Procurement Document, Part IV.B ‘Other economic or financial requirements’, cf. Section VI.3) below.
In the event UFST requires documentation for the above, the applicant must provide the 3 latest audited annual financial reports. If these are not in English or Danish, the applicant is asked to also provide a resume in English.
Reference is made to Section VI.3) with regard to the applicant's possibility of relying on the capacity of other entities.
1) The applicant must have achieved an annual turnover of at least 500 000 000 DKK. in each of the preceding 3 audited financial years;
2) The applicant must have achieved a positive equity of at least 100 000 000 DKK. in each of the preceding three audited financial years.
A description of the applicant's most important former or ongoing deliveries within the last 3 years (maximum 8 references) which are comparable with the present procurement, cf. Section II.1.4) and II.2.4) in this contract notice. Each reference should preferably include the following information:
— a description of the specific delivery,
— information on the contracting authority,
— information on when the project was carried out (start and end date if it has ended),
— information on the estimated contract sum (if possible),
— information on the applicant’s role and responsibility in the delivery.
Specially are sought references that demonstrate the applicants experience with:
1) Implementation of customs solutions that is compliant with UCC;
2) Customs projects within the EU with regards to import, export and transit;
3) Similar IT projects within national public tax authorities with a comparable system IT-landscape, that demonstrates insight with complex system IT-landscapes within national tax authorities;
4) Agile cooperation in:
(a) similar projects with a multi-supplier set-up;
(b) similar projects following an agile project model; and
(c) similar projects with a division of tasks between customer and supplier;
5) Operation of large complex solutions similar to the present procurement.
The customer will emphasize the above parameters when evaluating whether the references are comparable with the present procurement, cf. Section II.1.4) and II.2.4) in this contract notice. Points 1) — 5) are listed in a prioritized order meaning that experience with point 1) is evaluated more positive than experience with point 2) and so forth, cf. Section II.2.9) of this contract notice.
The applicant must with a minimum of one reference demonstrate experience with:
1) Customs projects within the EU with regards to import, export and transit; and
2) Operations of large complex solutions similar to the present procurement.
The experience can be demonstrated in either one collective reference or in multiple separate references.
The agreement is based on an agile framework and contains requirements for agile cooperation. Tenderers must be prepared to handle the customer's need for agile cooperation, development and implementation of the solution.
Section IV: Procedure
Section VI: Complementary information
In accordance with the Danish Act on Public Procurement (act No 1564 of 15.12.2015 — available at www.retsinformation.dk) § 148, the customer must demand that the applicant completes the European Single Procurement Document (ESPD) as preliminary evidence in replacement of certificates issued by public authorities or third parties confirming that the applicant fulfills the requirements listed in § 148(1) of the said Act.
The ESPD is available on Ethics at the URL stated in Section 1.3 of this contract notice together with the rest of the tender documents. The ESPD should be completed via Ethics.
The applicant shall complete the ESPD, Part II A, B and C, Part III A, B and C, Part IV B, C and D, and Part V. Hereafter the ESPD should be submitted via ‘Tender documents’.
According to § 144 of the said Act, an applicant may rely on the economic, financial and/or technical capacity of other entities, regardless of the legal nature of the links between the entities. Where an economic operator wants to rely on the capacities of other entities, it shall as part of the application prove to the customer that it will have at its disposal the resources necessary, for example by producing a commitment by those entities to that effect.
An applicant who relies on the capacity of other entities shall ensure that the customer receives the applicant’s own ESPD together with a separate ESPD with the relevant information for each of the entities that the applicant relies on. Finally when groups of entities, including temporary joint ventures, participates in the tender procedure together, each of the participating entities must complete a separate ESPD with the information required in Part II-IV.
Prior to a decision on the award of the contract, documentation for the information stated in the ESPD must be produced, cf. §§ 151-155 of the said Act. At any stage of the tender procedure, the customer further reserves the right to request an applicant/tenderer to submit documentation, if this is required to ensure that the procedure is conducted correctly.
The customer shall exclude an applicant/tenderer from participation in the tender procedure if the applicant/tenderer is subject to one of the mandatory and voluntary exclusion grounds in §§ 135, 136 and 137, para. 1, 2 and 5 of the said Act. The applicant/tenderer shall submit information in this respect in the ESPD. Special attention is drawn to the fact that certain voluntary exclusion grounds have been made mandatory in § 136 of the Act.
Applicants are asked to submit applications for pre-qualification via Ethics (URL stated in section I.3 of this contract notice).
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 a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on The Complaints Board for Public Procurement, provided that the notification includes a short account of the relevant reasons for the decision.
Other complaints 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 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 its 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 standstill period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement. If the complaint has not been lodged in the standstill 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 email of The Complaints Board for Public Procurement is stated in Section VI.4.1).
The Complaints Board for Public Procurement’s own guidance note concerning complaints is available at the internet address stated in Section VI.4.1).