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Services - 607419-2021

26/11/2021    S230

Norway-Drammen: Software supply services

2021/S 230-607419

Voluntary ex ante transparency notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Sykehuspartner HF
National registration number: 991 324 968
Postal address: Postboks 3562
Town: Drammen
NUTS code: NO082 Viken
Postal code: 3007
Country: Norway
Contact person: Terje Myhre
E-mail: termyh@sykehuspartner.no
Telephone: +47 92604900
Internet address(es):
Main address: http://www.sykehuspartner.no
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
Health

Section II: Object

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

Main contract with Microsoft for the procurement, maintenance, and hire of licences and services

Reference number: P360 21/01852-1
II.1.2)Main CPV code
72268000 Software supply services
II.1.3)Type of contract
Services
II.1.4)Short description:

Sykehuspartner HF has an Enterprise Agreement (EA) with Microsoft that lasts from 1 December 2018 to 30 November 2021. Sykehuspartner HF operates the computer systems for the health trusts in Helse Sør-Øst, and the EA products are used in all of the health trusts in the health region, as well as in some of the non-profit hospitals with which Helse Sør-Øst has a binding cooperation. Pasientreiser HF is also included in the EA.

Sykehuspartner HF will procure a new main contract with products and services from Microsoft, which will be valid in the period 1 December 2021 until 30 November 2024, as well as a two- year option on this - until 30 November 2026. In addition to Microsoft - as a product and service provider - and Sykehuspartner HF - as a customer, ATEA is also a contract party based on its function as a dealer of Sykehuspartner HF's contracts with Microsoft - see the Doffin notice 2021-337683.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 1 500 000 000.00 NOK
II.2)Description
II.2.2)Additional CPV code(s)
72261000 Software support services
72310000 Data-processing services
72416000 Application service providers
72266000 Software consultancy services
II.2.3)Place of performance
NUTS code: NO082 Viken
Main site or place of performance:

Helse Sør-Øst.

II.2.4)Description of the procurement:

Sykehuspartner HF will procure a new main contract with products and services from Microsoft, which will be valid in the period 1 December 2021 until 30 November 2024, as well as a two- year option on this - until 30 November 2026. In addition to Microsoft - as a product and service provider - and Sykehuspartner HF - as a customer, ATEA is also a contract party based on its function as a dealer of Sykehuspartner HF's contracts with Microsoft - see the Doffin notice 2021-337683.

MS Office is a productivity tool from Microsoft that is sued by all employees in Helse Sør-Øst, and it is part of the EA. MS Office includes, amongst other things Word, Excel, Powerpoint, OneNote, Outlook, Publisher, Access, and Skype for Business.

In recent years Microsoft has changed the above Office components from local installation on clients (PCs) - so-called on-premise - to including the use of the components, as well as associated data, in the Microsoft cloud service.

In the coming main contract with Microsoft, most of the Office components are hired as both on-premise and cloud service, or only as a cloud service.

Sykehuspartner HF will procure the Office productivity tools directly from Microsoft based on the following:

- The replacement costs from Microsoft productivity tool to any other supplier are estimated to be very large

- Microsoft can deliver the total functionality of a productivity tool - the Office components - that the contracting authority needs

- When changing the supplier of the productivity tool, there will be a risk - despite measures being taken - of data - including sensitive personal information - being lost

- Security considerations support that the contracting authority procures the entire package of the productivity tool

- Microsoft's cloud service provides storage of documents in Norway - which is necessary as the documents can include sensitive personal information

- As regards a productivity tool and storage of associated information, only Microsoft has the required maturity and completeness in the automation of security measures for cloud services, assessment of security breaches, and reporting the security status.

Sykehuspartner HF believes that the new main contract with Microsoft fulfils the terms for a procurement without a contest in the public procurement regulations, section 13-4 letter b no. 2, and no. 3, cf. section 15-1 (4) letter a, which allows reference to a product from a specific supplier when required based on the procurement's purpose.

Splitting up the Microsoft Office 'package' for productivity tools into different components - in order to assess competition in the market for each individual component - is, according to the contracting authority, not relevant as:

- the procurement of individual productivity tools - such as a spreadsheet, presentation programme - from other suppliers is economically disadvantageous. If one of the Office components is less functional compared to a competitor - it would be more expensive to procure this component from a competitor as the entire Office 'package' must be procured from Microsoft regardless.

- operational and security considerations mean that the contracting authority is looking to have as few service and product providers as possible.

Assistance for migrating the productivity tools with associated data storage from on-premise to a cloud service is included in the procurement.

Some of the software or cloud services that will be included in the main contract with Microsoft - such as MS Project, MS Visio, Power BI, and Visual Studio - are of a scope that is not significant I relation to the total scope of the contract. This also applies for the Azure cloud services and related services such as Azure Integration services and Microsoft API management.

Other content in the software and cloud services in the main contract with Microsoft fulfil the requirements in the public procurement regulations, section 13-4 letter b. no 2, and no. 3. This applies for, amongst other things, Windows operative system for clients and servers, SQL software for databases, and Biztalk software for integrations.

II.2.5)Award criteria
Price
II.2.11)Information about options
Options: yes
Description of options:

Two year extension of the main contract with Microsoft, from 1 December 2024 to 30 November 2026.

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 IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

Sykehuspartner HF will procure a new main contract with products and services from Microsoft, which will be valid in the period 1 December 2021 until 30 November 2024, as well as a two- year option on this - until 30 November 2026. In addition to Microsoft - as a product and service provider - and Sykehuspartner HF - as a customer, ATEA is also a contract party based on its function as a dealer of Sykehuspartner HF's contracts with Microsoft - see the Doffin notice 2021-337683.

MS Office is a productivity tool from Microsoft that is used by all South Eastern Norway Regional Health Authority employees, and is included in the contract.

Over several years Microsoft has changed the Office components from local installation on clients (PCs), so-called on-premise, to also include use of the components, as well as associated data, in the Microsoft cloud service. The new main contract with Microsoft reflects this.

Sykehuspartner HF will procure the Office productivity tools directly from Microsoft based on the following:

- The cost of switching to any other suppliers is estimated to be very large.

- Microsoft Office contains the total functionality of can deliver the total functionality of a productivity tool the contracting authority needs.

- When swapping productivity tool supplier there is a risk of data, including sensitive personal information, being lost.

- Microsoft's cloud service provides storage of documents in Norway - which is necessary as the documents can include sensitive personal information

- As regards a productivity tool and storage of associated information, only Microsoft has the required maturity and completeness in the automation of security measures for cloud services, assessment of security breaches, and reporting the security status.

Sykehuspartner HF believes that the new main contract with Microsoft fulfils the terms for a procurement without a contest in the public procurement regulations, section 13-4 letter b no. 2, and no. 3, cf. section 15-1 (4) letter a, which allows reference to a product from a specific supplier when required based on the procurement's purpose.

The contracting authority considers division of Microsoft Office into various components in order to assess the competition in the market for each individual component,' for productivity tools into different components irrelevant as:

- the procurement of individual productivity tools - such as a spreadsheet, presentation programme - from other suppliers is economically disadvantageous.

- operational and security considerations mean that the contracting authority is looking to have as few service and product providers as possible.

Assistance for migrating the productivity tools with associated data storage from on-premise to a cloud service is included in the procurement.

Some of the software or cloud services that will be included in the main contract with Microsoft - such as MS Project, MS Visio, Power BI, and Visual Studio - are of a scope that is not significant I relation to the total scope of the contract. This also applies for the Azure cloud services and related services such as Azure Integration services and Microsoft API management.

Other content in the software and cloud services in the main contract with Microsoft fulfil the requirements in the public procurement regulations, section 13-4 letter b. no 2, and no. 3. This applies for, amongst other things, Windows operative system for clients and servers, SQL software for databases, and Biztalk software for integrations.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information

Section V: Award of contract/concession

Contract No: 1
Title:

Main contract with Microsoft 2022-2024, as well as an option for an extension until 2026

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
15/11/2021
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: MICROSOFT IRELAND OPERATIONS LIMITED
National registration number: IE8256796U
Postal address: ONE MICROSOFT PLACE, SOUTH COUNTY BUSINESS PARK, LEOPARDSTOWN
Town: DUBLIN
NUTS code: IE061 Dublin
Postal code: 18
Country: Ireland
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 1 500 000 000.00 NOK
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: Oslo Tingrett
Town: Postboks 2106 Vika, Oslo
Postal code: 0125
Country: Norway
Internet address: https://www.domstol.no/otir
VI.5)Date of dispatch of this notice:
23/11/2021