Fakta om udbudet

EU-nr

2021/S 227-598484

Offentliggjort

23.11.2021

Udbudstype

Tildeling af kontrakt uden forudgående offentliggørelse

Udbyder

The Ministry of Foreign Affairs, Danish Embassy in Kiev

Vindere

Addendum no. 2

(23.11.2021)
Synergy International Systems
2/5 Armenak Armenakyan st
0047 Yerevan

Addendum #2

(07.02.2022)
Synergy International Systems
2/5 Armenak Armenkyan st
0047 Yerevan

E-case Implementation - EUACI

The Ministry of Foreign Affairs, Danish Embassy in Kiev

Voluntary ex ante transparency notice

Services

Legal Basis:

Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses

Official name: The Ministry of Foreign Affairs, Danish Embassy in Kiev
National registration number: 43271911
Postal address: Asiatisk Plads 2
Town: Copenhagen
NUTS code: DKZ Extra-Regio NUTS 1
Postal code: 1448
Country: Denmark
E-mail: um@um.dk
Internet address(es):
Main address: www.um.dk

I.4) Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local subdivisions

I.5) Main activity

Other activity: Development assistance

Section II: Object

II.1) Scope of the procurement

II.1.1) Title:

E-case Implementation - EUACI

Reference number: 2016-14893

II.1.2) Main CPV code

75000000 Administration, defence and social security services

II.1.3) Type of contract

Services

II.1.4) Short description:

In August 2019, the Ministry of Foreign Affairs, Danish Embassy in Kiev (MFA) and Synergy International Systems (Synergy) entered into Contract DC3270 regarding the delivery, maintenance and support of an eCase Management System (eCase MS) following an EU tender procedure. The EU tender procedure was announced via contract notice no. 2019/S 063-146918 in the Official Journal of the European Union, and the award of the Contract to Synergy was announced via contract award notice no. 2019/S 169-413567 in the Official Journal of the European Union.

On the basis of this contract, the MFA now intends to award Synergy the assignment to deliver second phase integration of two other electronic systems with the eCase MS.

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: 914 000.00 DKK

II.2) Description

II.2.2) Additional CPV code(s)

48612000 Database-management system

48800000 Information systems and servers

72230000 Custom software development services

72240000 Systems analysis and programming services

72250000 System and support services

75211200 Foreign economic-aid-related services

51600000 Installation services of computers and office equipment

II.2.3) Place of performance

NUTS code: DKZ Extra-Regio NUTS 1

Main site or place of performance:

Ukraine

II.2.4) Description of the procurement:

In August 2019 the Ministry of Foreign Affairs, Danish Embassy in Kiev (MFA) and Synergy International Systems (Synergy) entered into Contract DC3270 regarding the delivery, maintenance and support of an eCase Management System (eCase MS) following an EU tender procedure. The EU tender procedure was announced via contract notice no. 2019/S 063-146918 in the Official Journal of the European Union, and the award of the Contract to Synergy was announced via contract award notice no. 2019/S 169-413567 in the Official Journal of the European Union.

On the basis of this contract, the MFA now intends to award Synergy the assignment to deliver second phase integration of two other electronic systems (the URPI system and the D3 system) with the eCase MS.

The need to integrate the URPI and the D3 systems with the eCase MS was described in general terms in sections II.1.4) and II.2.4) of the Tender Notice and was in more detail described in the technical specifications of the tender documents (Requirement no. 70 i section B of Appendix 3).

In the tender documents it was presupposed that the URPI and the D3 systems would integrate with the eCase MS through a third system (the Trembita system). However, after the commencement of Contract DC3270, it was discovered that the URPI and the D3 systems are not connected to the Trembita system making it considerably more difficult to complete the integration of the two systems with the eCase MS.

Under these circumstances, the MFA acknowledges that the completion of the integration of the URPI and the D3 systems with the eCase MS is not covered by the original contract sum of DKK 19,445,495.54.

The parties have agreed that the MFA will pay Synergy approximately DKK 506,000 to complete the second phase integration of the URPI system with the eCase MS. Furthermore, the parties have agreed that the MFA will remunerate Synergy to complete the second phase integration of the D3 system with the eCase MS by i) spending 472 prepaid hours reserved for completing change requests and ii) paying an additional amount of DKK 116,832. According to Contract DC3270, a total of 600 hours reserved for the completion of change requests is included in the yearly service and maintenance fee.

As a consequence, the assignments to deliver second phase integration of the URPI and the D3 systems with the eCase MS have a total value of approximately DKK 914,000, but only approximately DKK 622,700 is effectively paid from the MFA to Synergy to complete the integrations.

II.2.5) Award criteria

Price

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 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:

Given the facts as described in section II.2.4) above, the MFA assesses that awarding Synergy the assignments to complete second phase integration of the URPI and the D3 systems with the eCase MS does not constitute material changes of Contract DC3270, cf. section 178(2) of the Danish Public Procurement Act (Act no. 1564 of 15 December 2015 with subsequent changes).

This conclusion is based on the following circumstances:

- System integration is described as a part of the scope of the contract as described in the contract notice published in the Official Journal of the European Union, and the MFA had intended for the URPI and D3 systems to be integrated with the eCase MS via the Trembita system as outlined in the tender documents

- The price for completing the assignments is approximately DKK 914,000, which is less than the threshold value for EU tenders of DKK 1,036,259 for services and a little less than 5 percent of the original value of the contract

- The price for completing the assignments has been fixed in accordance with the regulations on change request of the contract by which the pricing of the assignments corresponds to the general price level of the contract. Thus, the award of the assignments to Synergy will not change the economic balance of the contract to the advantage of Synergy

- The misconception regarding the URPI and the D3 systems being connected to the Trembita system was a part of the tender documents and it affected all received tenders during the original procurement procedure. The MFA has no reason to assume that it would have attracted further participants to the procurement procedure or would have enabled the MFA to accept another tender than the tender originally accepted if the tender documents had rightfully stated that the URPI and the D3 systems were not connected to the Trembita system

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

IV.2.1) Previous publication concerning this procedure

Notice number in the OJ S: 2019/S 063-146918

Section V: Award of contract/concession

Contract No: DC3270

Title:

Addendum no. 2

V.2) Award of contract/concession

V.2.1) Date of contract award decision:

18/11/2021

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: Synergy International Systems
Postal address: 2/5 Armenak Armenakyan st
Town: Yerevan
NUTS code: AM Armenia
Postal code: 0047
Country: Armenia

The contractor/concessionaire will be an SME: yes

V.2.4) Information on value of the contract/lot/concession (excluding VAT)

Total value of the contract/lot/concession: 914 000.00 DKK

V.2.5) Information about subcontracting

The contract/lot/concession is likely to be subcontracted

Section VI: Complementary information

VI.3) Additional information:

The procurement is governed by Danish law and the rules applicable hereunder.

VI.4) Procedures for review

VI.4.1) Review body

Official name: Klagenævnet for Udbud (the Danish Complaints Board for Public Procurement)
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

VI.4.3) Review procedure

Precise information on deadline(s) for review procedures:

The MFA is following the procedure described in section 4 of the Act on the Danish Complaints Board for Public Procurement (Act no. 593 of 2 June 2016). The MFA will not award the assignments to complete the second phase integration of the URPI and the D3 systems with the eCase MS to Synergy before the expiry of a 10 days' time period following the publication of this VEAT notice in the Official Journal of the European Union.

Under these circumstances, any complaints regarding the award of the assignments to Synergy must be lodged with the Danish Complaints Board for Public Procurement within 30 days after the day on which the MFA has published a contract award notice regarding the assignments in the Official Journal of the European Union.

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: www.kfst.dk

VI.5) Date of dispatch of this notice:

18/11/2021