Internet address(es):

Main address: www.ufst.dk

Internet address(es):

Main address: www.toldst.dk/

Tender for the Delivery, Operation, Maintenance and Support of an Automatic Risk, Profile and Analysis System (ARPA)

The IT and Development Agency of the Danish Ministry of Taxation (UFST) is to procure an Automatic Risk, Profile and Analysis system (ARPA) to replace the current Risk Analysis System (RAS). This project is a part of a collaboration on control and risk management in the EU, to enable the Danish Customs Agency to become compliant with the Union Customs Code (UCC) and enable the Danish Customs Agency to become more data-driven.

The purpose of this tender procedure is to procure an Automatic Risk, Profile and Analysis System (ARPA) to replace the current Risk Analysis System (RAS). The solution will support the risk analyst and the customs employees in the risk analysis processes, by identifying possible risk items for further inspection based on automatic risk analysis of declarations. The functionality of the Solution will support the following in the Danish Customs Agency:

1) risk analysis of declarations;

2) creation of risk profiles and EU common risk criteria;

3) profile simulation before creation.

The solution must be compliant with UCC, national legal requirements and additional relevant requirements when dealing with ‘EU Restricted’ data.

The solution shall furthermore support:

• automatic risk analysis of declarations based on a rule-based approach;

• a user interface that will enable the creation of configuration of EU common risk criteria;

• a user interface that will enable the creation and configuration of risk profiles;

• random selection configurable on statistical values and parameters;

• a functionality that will support profile simulation before production

• enable and support risk models developed in the customs data platform through an efficient integration.

The solution shall be license based.

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 II.1.4) and II.2.4). In this regard it will be weighted positively if the applicant demonstrates experience with the present procurement in terms of

I. a similar technical solution regarding functional and material scope of the delivery within the EEA, cf. Section II.1.4) and II.2.4);

II. implementation of customs solutions that is compliant with UCC;

III) a similar complex implementation project where the applicant has experience with cooperating with a similar public authority with a complex governance and in an implementation with multiple integrations and security measures that the solution must comply with, furthermore with dependencies to other systems, cf. Section II.1.4) and II.2.4);

IV. similar experience with operations and maintenance of a similar technical solution.

In the assessment the stated parameters I-IV are in prioritised order. Therefore references demonstrating experience with parameter I) are evaluated more positive than references demonstrating experience with parameter II). References demonstrating experience with parameter II) are evaluated more positive than references demonstrating experience with parameter III). References demonstrating experience with parameter III) are evaluated more positive than references demonstrating experience with parameter IV).

References demonstrating experience with all of the parameters I) - IV) will be evaluated more positively than references demonstrating experience with one or two of the parameters I)-IV).

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.

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, as defined according to IFRS accounting principles, 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 or similar documentation. If these are not in English or Danish, the applicant is asked to also provide an English translation.

Reference is made to Section VI.3) with regard to the applicant's possibility of relying on the capacity of other entities.

Minimum level(s) of standards possibly required:

1) the applicant must have achieved an annual turnover of at least DKK 175 000 000 in each of the preceding 3 audited financial years;

2) the applicant must have achieved a positive equity, as defined according to IFRS accounting principles,of at least DKK 25 000 000 in each of the preceding 3 audited financial years.

A description of the applicant's most important completed or ongoing deliveries within the last 5 years up until the deadline of request for pre-qualification. The reference will be assessed with regard to the part of the reference that has been carried out in the period from the deadline of request for pre-qualification and 5 years back in time. If a reference includes deliveries prior to this period, the applicant must describe which parts of the reference that was carried out within the relevant 5 years period prior to request for pre-qualification. It must be clearly identifiable to the customer which parts of the references that have been delivered within the 5 years period and whether these deliveries regards either development, implementation, operation and maintenance, etc.

The applicant must deliver a maximum of 5 references which are comparable with the present procurement, cf. Section II.1.4) and II.2.4) in this contract notice.

Each reference should include the following information:

— a description of the specific delivery;

— information on the reference customer;

— information on when the project was carried out (start and end date if it has ended and in the description a specification on what part of the reference that has been carried out within the 5 years period prior to the deadline of request for pre-qualification);

— information on the estimated contract value of the reference (if possible);

— information on the applicant’s role and responsibility in the delivery.

The stated period of experience is the last 5 years to ensure a sufficient competition. This is based on the nature of the procurement with long-term contracts.

There are no minimum requirements applicable to the applicants 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.

In accordance with the Danish Act on Public Procurement (Act No 1564 of 15 December 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 I.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 and C 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 upon. 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, subsection 1, number (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 said Act.

Applicants must submit applications for pre-qualification via Ethics (URL stated in Section I.3) of this contract notice).

Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

Pursuant to Section 3 of the Danish Consolidation Act No 593 of 2 June 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).

Internet address: www.kfst.dk