Are you an ambitious procurement expert with recent publications? Check out the TED Ambassador award, our competition that aims to identify and reward research in the field of public procurement. Apply here by 28 April 2023.

Services - 159766-2023
17/03/2023    S55

Denmark-Hillerød: IT services: consulting, software development, Internet and support

2023/S 055-159766

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Region Hovedstaden (Capital Region)
National registration number: 29190623
Postal address: Kongens Vænge 2
Town: Hillerød
NUTS code: DK01 Hovedstaden
Postal code: 3400
Country: Denmark
Contact person: Claus Lyngaa
E-mail: regionh@regionh.dk
Telephone: +45 21336236
Internet address(es):
Main address: https://www.regionh.dk/
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/66963
I.1)Name and addresses
Official name: Region Midtjylland (Central Denmark Region)
National registration number: 29190925
Postal address: Skottenborg 26
Town: Viborg
NUTS code: DK04 Midtjylland
Postal code: 8800
Country: Denmark
E-mail: kontakt@regionmidtjylland.dk
Internet address(es):
Main address: https://www.rm.dk/
I.1)Name and addresses
Official name: Region Nordjylland (North Denmark Region)
National registration number: 29190941
Postal address: Niels Bohrs Vej 30
Town: Aalborg Ø
NUTS code: DK05 Nordjylland
Postal code: 9220
Country: Denmark
E-mail: region@rn.dk
Internet address(es):
Main address: https://rn.dk/
I.1)Name and addresses
Official name: Region Syddanmark (Southern Denmark Region)
National registration number: 29190909
Postal address: Damhaven 12
Town: Vejle
NUTS code: DK03 Syddanmark
Postal code: 7100
Country: Denmark
E-mail: kontakt@rsyd.dk
Internet address(es):
Main address: https://www.regionsyddanmark.dk
I.1)Name and addresses
Official name: Region Sjælland (Region Zealand)
National registration number: 29190658
Postal address: Alleen 15
Town: Sorø
NUTS code: DK02 Sjælland
Postal code: 4180
Country: Denmark
E-mail: regionsjaelland@regionsjaelland.dk
Internet address(es):
Main address: https://www.regionsjaelland.dk/
I.2)Information about joint procurement
The contract involves joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=356972&B=KA
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=356972&B=KA
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
Health

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Contract for the supply of an Otological, Vestibular and Audiological Registration System (OVAR)

II.1.2)Main CPV code
72000000 IT services: consulting, software development, Internet and support
II.1.3)Type of contract
Services
II.1.4)Short description:

Contract for the development, operation of application, maintenance and support, and further development services of an Otological, Vestibular and Audiological Registration System (OVAR) (the ”Application”).

II.1.5)Estimated total value
Value excluding VAT: 27 000 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
48100000 Industry specific software package
72200000 Software programming and consultancy services
72230000 Custom software development services
72250000 System and support services
72265000 Software configuration services
72268000 Software supply services
II.2.3)Place of performance
NUTS code: DK05 Nordjylland
NUTS code: DK04 Midtjylland
NUTS code: DK03 Syddanmark
NUTS code: DK02 Sjælland
NUTS code: DK01 Hovedstaden
II.2.4)Description of the procurement:

The contract includes the following main services:

A. The deliverables:

As part of the deliverables, the Supplier is to develop, provide and implement a Otological, Vestibular and Audiological Registration System (the Application) for the hospitals covered in the Capital Region and to integrate the system to the Region’s existing systems. The deliverables must support the management of the following in particular: Patient data, patient appointments, examinations, patient records, ordering of products, stock management, entries, patient overview, patient lists, surgery, schemas, and statistics. As part of the deliverables, the supplier is to migrate data from the Capital Region’s existing solution to the new Application.

B. Continuing Services

The supplier is to provide ongoing support and maintenance af the Application. The maintenance includes, inter alia, ongoing and preventive maintenance, including (without limitation) in the form of new versions, releases and patches, as well as correction of faults. Support comprises, partly, the provision of technical support, for which the supplier is to provide a service desk for the contracting entity’s selected users for handling of third level support, partly, the handling of incidents. The supplier is furthermore required to deliver operation of the Application run on the Capital Region’s infrastructure. The operation of the Application includes database administration, provision of backup and restore descriptions, as well as assistance to the contracting entity with the establishment of operational monitoring of the Application.

C. Ordered Services

Ordered Services means further development deliverables and consultancy services. The supplier will be responsible for ensuring, on an ongoing basis, that the Application is developed to support the contracting entity’s business objectives and needs, including, for example, as a result of changed administrative practices and legislation, commercial desires, need for integrations for, for example, special solutions in the health sector and/or the regional area, as well as technological developments. The supplier will furthermore be responsible for assisting the contracting entity with optimising the Application, including to provide project management in optimisation projects and by preparing analyses and making recommendations in that regard. Ordered Services are provided at the contracting entity’s request.

The Application is to be operated by the Capital Region, which makes the Application available to users in the Capital Region, Central Denmark Region, North Denmark Region, Southern Denmark Region and Region Zealand. Approx. 450,000 ENT examinations are carried out annually in all five regions in Denmark, including approx. 100,000-150,000 ENT examinations in the Capital Region.

The Contract serves as a framework agreement, which will be awarded to one supplier. On award of the framework agreement, a supply agreement with the Capital Region (Supply Agreement 1), where the Application is established, will also be awarded. The specific model for award of the framework agreement and the supply agreement with the Capital Region is described in Appendix A of the tender specifications.

Rollout of the Application to the other Regions (Central Denmark Region, the North Denmark Region, the Southern Denmark Region and Region Zealand) will also take place under a supply agreement within the scope of the framework agreement. Rollout of the Application to the other regions includes, inter alia, adaptation to the individual Region’s IT environment, configuration, conversion of data and training of selected Users.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 27 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 3
Objective criteria for choosing the limited number of candidates:

The shortlisting of candidates invited to tender will be based on an evaluation of which candidates have documented the most relevant references, see section III.1.3), in relation to the main services covered by the contract, see A. – C. in the description in section II.2.4).

The evaluation of the most relevant references will be made on the basis of the extent to which the refer-ences in total document experience with the provision of services that are comparable to the main services.

In the evaluation of which candidates have documented the most relevant references, the contracting entity will award points to the candidates on a scale from 1-5 for each main service, based on the extent to which the references, in total, document relevant experience in providing the main service. On this basis, the candidate will be awarded a total score calculated as the average number of awarded points for the main services.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.2)Economic and financial standing
List and brief description of selection criteria:

The candidate must submit the European Single Procurement Document ("ESPD") with the following information:

- The candidate's total annual turnover in the latest financial year available

If the candidate relies on the economic and financial capacities of other entities in relation to the fulfilment of the minimum suitability requirement, see below, the contracting entity requires that the candidate and the entities in question undertake joint and several liability for the performance of the framework agreement.

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in relation to economic and financial capacity.

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the framework agreement must submit documentation of the accuracy of the information stated in the ESPD.

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted:

A statement regarding the operator's overall turnover in the most recent annual report/financial statement available, depending on when the operator was set up or started trading if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the most recent annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.

Minimum level(s) of standards possibly required:

As a minimum requirement, a total annual turnover of at least DKK 15 million is required in the most recent annual report/financial statement available. If the candidate relies on the capacity of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in the most recent annual report/financial statement available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in the most recent annual report/ financial statement available. The information is to be stated in section IV.B of the ESPD.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

The candidate must submit the ESPD with the following information:

A list of the five most significant comparable references, see section II.2.4), that the candidate has carried out in the last three years before the expiry of the application deadline. If a reference contains more than 4,800 characters, only the first 4,800 characters will be considered.

Only references relating to services carried out at the time of application will be given importance in the evaluation of which candidates have documented the most relevant services, see section II.2.9). Thus, in the case of an ongoing task, only the part of the services already performed at the time of application will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the services provided. The description of the services should include a clear description of which of the main services set out in section II.2.4) the services related to, as well as the candidate’s role(s) in the performance of the services. The reference is furthermore requested to include the financial value of the services provided (amount), the date of delivery and the name of the customer (recipient).

When indicating the date of the delivery, the candidate is requested to indicate the date when the services were commenced and finalised. If this is not possible, for example if the tasks were performed on an ongoing basis under a framework agreement, the candidate is asked to indicate in the description of the services how the date is specified.

No more than five references may be stated, irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacities of other entities, or whether the candidate is a group of operators (e.g. a consortium). Where more than five references are stated, only the most recent five references will be taken into account. Any additional references will be disregarded. If it is not possible to decide which references are the most recent five references, the references will be selected by drawing lots.

If the candidate relies on the professional experience of other entities for the performance of specific parts of the services comprised by the framework agreement, see section II.2.4), such specific parts of the services under the framework agreement must be performed by the entity on which the candidate relies.

The ESPD serves as provisional documentation that the candidate fulfils the minimum suitability requirements in relation to technical and professional ability, see section III.1.3).

Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the framework agreement must submit documentation of the accuracy of the information stated in the ESPD.

No additional documentation of technical and professional ability will be required from the candidate. However, the contracting entity reserves the right to contact the candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30 June 2014.

The contract lays down requirements on compliance with the law on processing of personal data.

The contracting entity has assessed that the conclusion of the framework agreement may be subject to the permission requirement pursuant to the Danish Investment Screening Act. The candidate should clarify whether the candidate’s conclusion of the contract will be subject to such requirement. For further information, reference is made to Appendix B to the tender specifications.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Competitive procedure with negotiation
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
IV.1.5)Information about negotiation
The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 14/04/2023
Local time: 09:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting authority, see the address set out in section I.3).

The candidate must submit as its application an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras (1) to (3) of the Danish Public Procurement Act (udbudsloven).

The candidate may in this procedure rely on the technical and/or financial capacity of other operators to fulfil the suitability requirements set out in sections III.1.2) and III.1.3), including for the selection as re-ferred to above, see section II.2.9). The letter of commitment is to be filled in and signed by the operator(s) who make/makes their technical and/or financial capacity available to the candidate, see the tender specifications for further details. The form is enclosed as an attachment to the tender specifications.

The candidate will be excluded from participation in the tender procedure if the candidate is subject to the compulsory grounds for exclusion set out in sections 134a, 135 and 136 of the Danish Public Procurement Act, and the grounds for exclusion set out in section 137(1), para (2) of the Danish Public Procurement Act, unless the candidate has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act.

The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Trivial matters therefore cannot result in the exclusion of the candidate. Several matters which, individually, are less serious in nature may, however, give rise to exclusion of the candidate.

Before the award, the tenderer to whom the contracting entity intends to award the contract must submit documentation substantiating the information provided in the ESPD, see sections 151-152, cf. section 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the candidate and tenderer may submit to the contracting entity a certificate of registration in an official list of approved economic operators, see section 156, issued by the competent authority. The contracting entity only accepts certificates of registration in an official list from candidates and tenderers established in the country holding the official list.

In relation to section II.1.5) and II.2.6), see the document “Additional information relating to the Contract Notice” for details about the estimated value and maximum quantity of the framework agreement.

In relation to section I.3), it should be noted that certain parts of the tender documents, see Appendices 3 and 18.c (The Customer’s IT environment), clause 2.5, can only be accessed physically at the contracting entity due to the special nature of the tender documents (dataroom). See Appendix B, clause 2 of the tender specifications where and how access can be obtained to such parts of the tender documents.

As regards section II.2.9), it should be noted that each candidate may only submit one application for prequalification.

The contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act if applications or tenders do not comply with the formal requirements of the tender documents.

The contracting entity expects to conduct individual negotiation meetings with all tenderers in week 25 (2023). However, the contracting entity may change the schedule. The agenda will be submitted to the tenderers before the meetings. The negotiation meetings will be held at the following address: Blegdamsvej 9, DK-2100 Copenhagen Ø. For further information, reference is made to the tender specifications and the related Appendices B and C.

The contracting entity will pay no fee for participation.

See also the document “Additional information about the contract notice” (link set out in section I.3.)

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://klfu.naevneneshus.dk/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer if the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act.

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) Thirty calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.

3) Six months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.

4) Twenty calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
VI.5)Date of dispatch of this notice:
14/03/2023