Official name: The Danish Patent and Trademark Office
National registration number: 17039415
Postal address: Helgeshøj Alle 81
Town: Taastrup
NUTS code: DK021 Østsjælland
Postal code: 2630
Country: Denmark
Contact person: Trine Louise Balleby Dahl
E-mail: tld@horten.dk
Telephone: +45 52344023
Internet address(es):
Main address: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/homepage

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/publicMaterial

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/homepage

Tenders or requests to participate must be submitted to the abovementioned address

Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/homepage

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

Other activity: IP rights

Procurement of software services agreement - regarding trademarks search tool

72000000 IT services: consulting, software development, Internet and support

Services

This tender regards the conclusion of a contract to the Danish Patent and Trademark Office ("Contracting Authority") regarding a solution for a trademark search tool to be used by the Contracting Authority.

It is expected that the contract will be concluded with the selected tenderer on 7 December 2022.

Value excluding VAT: 3 500 000.00 DKK

This contract is divided into lots: no

72200000 Software programming and consultancy services

72263000 Software implementation services

NUTS code: DK02 Sjælland

This tender regards the conclusion of a contract to the Danish Patent and Trademark Office ("Contracting Authority ") regarding:

A solution for a trademark search tool to be used by the Contracting Authority:

• in its function as a governmental IP Office in relation to searches for identical and similar trademarks for the purpose of a likelihood of confusion assessments in the trademark examination process,

• for a commercial use, in particular in relation to watch services, providing third parties with an overview of identical and similar trademarks filed in a specific period, as well as clearance searches providing third parties with an overview of identical and similar earlier trademarks.

The solution for a trademark search tool shall comprise of:

a) a trademark search tool capable of identifying identical and similar trademarks on the basis of a search in trademark data regarding trademark applications and registrations covering the jurisdiction of Denmark, including Danish Trademarks, International Registrations designating Denmark and/or the European Union and EU Trademarks (EUTM),

b) a dataset (kept up to date) regarding trademarks as described in a),

c) an integration with the case handling system of the Contacting Authority for i.a. exchange of data in relation to searches performed in the search tool.

The contract includes the following option: the Contracting Authority may with a written notice of no less than six (6) months prior to expiry of the contract (or an extension of the contract) extend the contract for twelve (12) months subject to the terms and conditions applicable upon the date of the request for extension. The aggregate extension shall not exceed twenty-four (24) months.

For practical and financial reasons, the Contracting Authority has decided not to divide the contract into lots but to enter into contract with only one supplier.

The tender procedure will be completed as a negotiated procedure with prior call for competition pursuant to the Danish Public Procurement Act, section 61 (1)(1), a, since the needs of the Contracting Authority cannot be met without adaptation of already available solutions, that will need adaption to the Contracting Authority's technical platforms, conversion of data, integration with other IT systems, etc. The Contracting Authority reserves the right to award the contract based on the initial tenders and may therefore decide not to conduct negotiations meetings.

Deadline for application for prequalification is 15 September 2022 at 23:59. Expected notification of selection of applicants is 20 September 2022. Deadline for submission of initial tenders is 13 October 2022 at 23:59. If the Contracting Authority decides to conduct negotiations mettings, they will be held on 25 October 2022 – 26 October 2022. Deadline for submission of final tenders is 9 November 2022. Expected notification of award decision is 25 November 2022.

The tender documents will only be available at the electronic tendering system www.udbuddet.dk. All inquiries regarding this tender must be submitted in writing via the tendering system. For technical matters the Contracting Authority refers to the technical support of the tendering system.

Criteria below

Quality criterion - Name: Quality / Weighting: 60

Price - Weighting: 40

Value excluding VAT: 3 500 000.00 DKK

Duration in months: 48

This contract is subject to renewal: yes

Description of renewals:

The customer may with a written notice of no less than six (6) months prior to expiry of the agreement (or an extension of the agreement) extend the agreement for twelve (12) months subject to the terms and conditions applicable upon the date of the request for extension. The aggregate extension shall not exceed (twenty-four (24) months.

Envisaged number of candidates: 3

Objective criteria for choosing the limited number of candidates:

If the Contracting Authority receives applications from more than 3 suitable applicants, the Contracting Authority will select and prequalify 3 tenderers.

All applicants will receive notification on the Contracting Authority's decision, and at the same time the prequalified tenderers are encouraged to submit their initial tenders.

The shortlisting of applicants will be based on an evaluation of which applicants have documented the most relevant deliveries (references) of the services covered by the contract.

The evaluation of the most relevant deliveries (references) will be made based on to which extent the references document experience with delivery of similar solutions, including that the references are comparable with the contract tendered for in relation to volume and complexity.

A similar solution means a search system for the processing of new trademark applications, which based on a number of specifically defined search criteria can retrieve all relevant earlier trademarks. The solution should also take the commercial use of the solution into account, including monitoring searches.

Variants will be accepted: no

Options: yes

Description of options:

The contract includes the following option: the Contracting Authority may with a written notice of no less than six (6) months prior to expiry of the contract (or an extension of the contract) extend the contract for twelve (12) months subject to the terms and conditions applicable upon the date of the request for extension. The aggregate extension shall not exceed twenty-four (24) months.

The procurement is related to a project and/or programme financed by European Union funds: no

List and brief description of selection criteria:

For the last completed financial year, an applicant must provide the following information in the ESPD:

• The applicant’s solvency ratio in %

The solvency ratio is calculated as the company's total equity/total assets x 100. "The last completed financial year” means the last financial year for which approved financial statements are available.

If the applicant is unable to provide information about economic and financial capacity because the applicant has been established within the past year, the applicant must state this in the ESPD.

Documentation: The tenderer who stands to have the contract awarded must by request (not as part of the prequalification application) forward the tenderer’s latest approved financial statements or audit statement on the requested financial ratios, unless the information is fully accessible to the Contracting Authority.

For applicants who are based on other entities' capacity for the purpose of meeting the minimum requirements, the applicant must also as part of the documentation produce a letter of support (Appendix B) or similar documentation proving that the entity in question is legally obligated to the tenderer. If an applicant is dependent on other entities' economic and financial capacity, that entity must undertake joint and several liability for the applicant's obligations under the tendered contract.

Minimum level(s) of standards possibly required:

Applicants must meet the following minimum requirements:

• A positive solvency ratio of minimum 20 % in the last completed financial year

List and brief description of selection criteria:

The applicant must provide the following information in the ESPD:

• One reference with information about the applicant’s most significant experience with a similar solution, which has been in operation within the past three years counted from the expiry of the application deadline.

The reference should include the following information:

• Recipient of the solution (information about contact person with the reference customer).

• Time when the full solution has been implemented with the reference customer (the implementation date).

• Description of the nature and scope of the solution.

The Contracting Authority reserves the right to contact the specified contact persons to verify the content of the reference. The Contracting Authority is entitled - but not obligated - to request an applicant to supplement/elaborate this description of the reference in the ESPD.

Documentation: The list of references to be contained in the ESPD is considered by the Contracting Authority to be the final documentation of the applicant’s technical capacity.

If the applicant is based on other entities' capacity the applicant will be asked to provide a letter of support (Appendix C) or similar documentation proving that the entity in question is legally obligated to the tenderer.

Minimum level(s) of standards possibly required:

The applicant must meet the following minimum requirements for technical and professional capacity:

• One reference on similar solutions delivered to another governmental authority, which is ongoing or completed within the past three years counted from the expiry of the tender deadline.

A similar solution means a search system for the processing of new trademark applications, which based on a number of specifically defined search criteria can retrieve all relevant earlier trademarks. The solution should also take the commercial use of the solution into account, including monitoring searches.

The contract is a Software Service Agreement for a trademark search tool for use by the Contracting Authority.

The Contracting Authority can at any time during the term migrate the solution to be hosted by the Contracting Authority or any third party hosting provider appointed by the Contracting Authority.

Competitive procedure with negotiation

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations

The procurement is covered by the Government Procurement Agreement: yes

Date: 15/09/2022

Local time: 23:59

Date: 20/09/2022

English

Duration in months: 3 (from the date stated for receipt of tender)

This is a recurrent procurement: no

Electronic invoicing will be accepted

Applicants must declare that they do not find themselves subject to any of the below mentioned grounds for exclusion.

Such declaration is made by completing part III, Clauses A, B and C, of the ESPD.

Applicants are excluded from participating in the tender procedure if they are subject to the grounds for exclusion laid down in sections 135-137 of the Danish Public Procurement Act (udbudsloven).

The Contracting Authority will also exclude a tenderer from participating in the tender procedure if, during the tender procedure, the tenderer becomes subject to the grounds for exclusion provided for in sections 135-137 of the Danish Public Procurement Act.

If applicants or tenderers are subject to the grounds for exclusion provided for in sections 135-137 of the Danish Public Procurement Act, such applicants/tenderers may, however, by producing adequate documentation of their reliability, prove that they must not be excluded after all, see the condi-tions laid down in section 138 of the Danish Public Procurement Act.

Please note that: Under section 134 a of the Public Procurement Act, the Contracting Authority shall exclude an applicant or tenderer from participation in the tender procedure if the applicant or tenderer is established in a country on the EU list of noncooperative jurisdictions for tax purposes and has not acceded the WTO’s Agreement on Government Procurement or other commercial agreements obligating Denmark to open the market of public contracts to tenderers established in the country in question. The Contracting Authority will ensure the absence of a ground for exclusion prior to the award decision. The exclusion provideded in section 134 a is not currently covered by the ESPD, as there is no field that embraces the matter. Information on whether the applicant is subject to grounds for exclusion should therefore be provided in the ESPD in the field that the Contracting Authority makes available to the applicants.

In the event that the Contracting Authority contemplate to exclude an applicant/tenderer, the Contracting Authority will fix a suitable deadline for providing adequate documentation of the applicant's/tenderer's reliability.

Before the conclusion of the contract, the successful tenderer must present documentation proving that the tenderer is suitable and not subject to grounds for exclusion. Businesses located in Denmark may use a service certificate from the Danish Business Authority. Businesses located outside of Denmark may use the following documentation:

- Extracts from relevant registers or similar documents issued by a competent judicial or administrative authority as well as certificates issued by the competent authorities

- Sworn declarations

- Solemn declarations before a competent judicial or administrative authority, before a notary public or a competent professional organization in the country in which the business is established.

The contracting authority will accept declarations or certificates issued no later than 6 months before the submission of final tender.

No remuneration shall be paid to tenderers for their participation in the procurement process.

The tenderer is obliged to keep the tender open for three months as from the deadline for submission of tenders. The obligation to keep the tender open is not affected by the Contracting Authority's awarding of the contract.

Official name: Klagenævnet for Udbud
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/

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

16/08/2022