Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/2d7f858f-33a3-48c4-9ee8-a6cd3201a222/homepage

eCase Implementation — EUACI

The EU Anti-Corruption Initiative (EUACI) is the largest EU supported programme in the area of anti-corruption in Ukraine. The overall objective of the EUACI is to improve implementation of anti-corruption policy in Ukraine, thereby ultimately contributing to a reduction in corruption. Consequently, the Danish Ministry of Foreign Affairs, Danish Embassy in Kiev (MFA) wishes to procure a complete eCase Management System (eCase MS), including hardware, integration, migration, maintenance, support and development related to the eCase MS. This procurement is a joint project aiming to design, develop and supply an eCase MS for the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialised Anti-Corruption Prosecutor’s office (SAPO). The eCase MS is supposed to provide extensive functionality for automation of the pre-trial investigation workflow. The stakeholders are NABU (beneficiary), SAPO, HACC (High Anti-Corruption Court), lawyers, other persons, involved in pre-trial case.

UKRAINE.

The eCase MS shall allow dealing with at least 1 500 unique cases per year with at least 280 NABU users, 80 SAPO users, varying number lawyers, experts and involved persons, generating more than 100 000 unique events per year to use the eCase MS.

The eCase MS has to cover the following functionalities (non-exhaustive list):

1) Deliver communications between the detectives, prosecutors and the court in an electronic form;

2) Allow replacing where it is applicable all paper-based documents in the case with electronically signed documents;

3) Create/register new or merge/split/transfer existing criminal cases;

4) Assign detectives and prosecutors to the criminal cases, set up investigation and prosecution groups;

5) Document procedural actions, as well as create, review and approve respective procedural documents (protocols, complaints, etc.);

6) Upload, download and view all the annexes to the procedural documents including scan-copies, photos, audio- and video-records;

7) Enter and modify/update information on the participants of the criminal cases;

8) Plan execution of procedural actions and track status of their delivery, assign and track deadlines to the actions;

9) Perform automated data exchange with external state registers and databases;

10) Segregate and control user access to the system to ensure rights to data according to roles, users, profiles and standards to access and restrictions to information security in terms of pre-trial investigations.

The eCase MS shall exchange automated messages with:

— workflow document systems of NABU (Ascot),

— workflow document system of prosecution (Megapolis),

— workflow document management system for court,

— court system for pretrial cases,

— court system for summoning of lawyers,

— pretrial (future) prosecutor’s system (replacement of RDR) for cases.

The eCase MS shall allow 20 % annual extension of cases within the next 5 years.

The tenderer shall be able to provide change management, such as system configuration, new functionalities and system development in accordance with the Beneficiary’s needs and change requests in order to develop the eCase MS.

The MFA shall be the exclusive owner of any and all intellectual property rights vested in any parts of the delivery developed specifically for the MFA, including any customised software to the designed eCase MS and the tenderer shall deliver the source code to the customised software included in the eCase MS to MFA as part of the delivery.

The tenderer shall be able to deliver maintenance and support for a 4-year period after the warranty period. MFA is not obligated to procure maintenance and support for the entire 4-year period and may by notice terminate maintenance and support subject to 6 months’ prior notice for expiry on the first day of a month, provided always that such expiry shall not take effect until 1 year from the acceptance date.

The MFA is entitled at any time to assign partially or completely its rights and obligations under the contract to another public institution, hereunder the beneficiary. The MFA is expected to assign all rights and obligations under the Contract to the beneficiary within 2 years after delivery but is not subject to any requirement in this respect.

The maximum budget is 10 440 000 DKK without VAT regarding payment for the eCase MS (delivery payment). The maximum budget does not include maintenance and support or additional consultancy services based on hourly rates after the warranty period. Tenders will be rejected if they exceed the Contracting Authority's maximum budget.

In Part III.A-C of the ESPD, economic operators must answer whether they are subject to exclusion grounds.

An economic operator is excluded from the procurement procedure if the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein has been convicted by final judgement or fined within the last 4 years for any of the exclusion grounds relating to the criminal convictions listed in Section 135(1) of the Danish Public Procurement Act.

An economic operator is excluded from the procurement procedure if it has unpaid overdue debt of 100 000 DKK or more to public authorities in relation to payment of taxes and payment of social security, cf. Section 135(3) of the Danish Public Procurement Act. An economic operator is, however, not excluded where the economic operator provides guarantee of payment of the part of the debt which constitutes 100 000 DKK or more, or where the economic operator has agreed on a repayment scheme with the collection authority and that scheme is observed, cf. Section 135(4).

An economic operator is excluded from the procurement procedure if it is subject to any of the exclusion grounds listed in Sections 136(1)(1) and 136(1)(2) of the Danish Public Procurement Act.

An economic operator is excluded from the procurement procedure if it within the last 2 years has been subject to any of the exclusion grounds listed in Sections 136(1)(3) and 137(1)(2-3) of the Danish Public Procurement Act.

The Contracting Authority can accept the following documentation in relation to the exclusion grounds in Sections 135(1), 135(3) and 137(1)(2) of the Danish Public Procurement Act (in order of priority):

1) Extracts from the relevant register or similar documents issued by a competent judicial or administrative authority or certificates issued by the competent authority in the country referred to as documentation that the tenderer is not subject to the grounds for exclusion stipulated in Sections 135(1), 135(3) and 137(1)(2);

2) A declaration on oath (only if such extracts, certificates or similar documents are not issued in the country where the economic operator is established, or where the documentation does not cover all the grounds for exclusion stipulated in Sections 135(1), 135(3) and 137(1)(2) entirely);

3) A solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the country of origin or in the country where the economic operator is established (only if there is no provision for declarations on oath in the country where the economic operator is established).

Thus, the Contracting Authority cannot accept e.g. a solemn declaration made before a notary if there can be issued a certificate by the competent authority in the country where the economic operator is established. Moreover, the Contracting Authority cannot accept self-declarations or similar declarations issued by the economic operator or the person concerned as documentation in relation to the exclusion grounds.

Economic operators can identify the relevant documentation using the online platform e-Certis: https://ec.europa.eu/growth/tools-databases/ecertis/

Economic operators are encouraged to submit all necessary documentation as early as possible.

In Part IV.B of the ESPD, the economic operator must fill in its average yearly turnover for the last 2 financial years available (where the economic operator can present annual reports).

If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.

When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the economic and financial standing of other entities, the participating economic operators or the entities referred to are subject to joint and severable liability for the performance of the contract.

The Contracting Authority can accept annual reports or excerpts hereof or relevant statements from a bank or certified accountant as documentation in relation to the economic and financial standing.

When an economic operator is participating in the procurement procedure together with others or when an economic operator relies on the economic and financial standing of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary economic and financial standing. The statements of support must establish a legal obligation for the party concerned and state that the involved economic operators or entities are subject to joint and severable liability for the performance of the contract.

Economic operators are encouraged to submit all necessary documentation as early as possible.

The economic operator is required to have an average yearly turnover of minimum 20 000 000 DKK for the last 2 financial years available.

When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.

In Part IV.C of the ESPD, the economic operator must fill in a list of maximum 5 contracts entered into, ongoing or finalized within the last 3 years stating a description of the contract (nature and quantity of services from the economic operator and how they compare to the description of this procurement), amount (contract fee received by the economic operator), start date, end date and recipient (name and contact information).

If an economic operator has listed more than 5 contracts, the Contracting Authority will only read and assess the 5 most recent contracts listed (based on start date).

If the tenderer is participating in the procurement procedure together with others or if the tenderer relies on the capacities of other entities in order to meet the selection criteria, the tenderer shall only submit 5 contracts altogether.

If the economic operator consists of a group of economic operators (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, each involved economic operator or entity must submit a completed ESPD.

When an economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the technical and professional abilities of other entities, the specific parts of the contract must be performed by the economic operators or entities with the required technical and professional abilities.

The Contracting Authority reserves the right to contact the recipients of services or require statements from the recipients, confirming that the economic operator has performed the listed contracts, as documentation in relation to the technical and professional ability.

When an economic operator is formed by a group of economic operators or relies on the technical and professional abilities of other entities, the economic operator must also provide statements of support or other documentation proving that the economic operator has access to the necessary technical and professional abilities. The statements of support must establish a legal obligation for the party concerned and state the parts of the contract to be performed by the party concerned.

Economic operators are encouraged to submit all necessary documentation as early as possible.

The economic operator is required to have performed (entered into, ongoing or finalized) minimum 3 contracts within the last 3 years covering the fields of similar IT systems as described in Section II.1.4) and II.2.4) of this notice. By similar IT systems, the supplier shall document experience in delivering customer specific licenses for a case-based management system, including hardware, migration, integration, maintenance, support and development with a combined total amount of 20 000 000 DKK. It is not required that each contract contain all elements above.

When the economic operator is participating in the procurement procedure together with others (e.g. a consortia or joint venture) or if the economic operator relies on the capacity of other entities, it is required that the participating economic operators or the economic operator and the entities referred to altogether meet the selection criteria.

When an economic operator is participating in the procurement procedure together with others, the economic operator must present a joint statement from all the participating economic operators which identifies the member of the group who can act as an agent on behalf of the group with mandate to establish a legal obligation on behalf of the group in relation to the Contracting Authority.

The winning tenderer is to perform the contract in compliance with the Danida Anti-Corruption Policy and the principles of the UN Global Compact.

Economic operators can find more information on: http://um.dk/en/danida-en/about-danida/Danida-transparency/anti-corruption/

https://www.unglobalcompact.org/what-is-gc/mission/principles

The contract is subject to a maximum advance payment of 30 % of the delivery payment, however, limited to the estimate of first quarter expenses and conditioned upon an advance payment guarantee from a recognised bank, that can be approved by the MFA.

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

An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/46419/the-public-procurement-act.pdf

Access to the procurement procedure requires online registration.

Guidance (in Danish and English) on the use of the tendering system can be found at: https://www.udbudssystemet.dk/public/instructions/ETHICS.EO.vejledning.pdf

Local time in Section IV) is according to Central European Time (CET) in Denmark.

Economic operators may only submit one tender.

Economic operators must submit a European Single Procurement Document (ESPD) as preliminary evidence that the economic operator is not subject to exclusion grounds and that the economic operator fulfils the minimum requirements for economic and financial standing and technical and professional ability.

When the economic operator is participating together with others or if the economic operator relies on the capacity of other entities, each participating economic operator must provide a separate ESPD.

Before the Contracting Authority decides to award the contract, the tenderer, which the Contracting Authority intends to award the contract to, must present documentation of the information provided in the ESPD.

This contract has not been divided into lots, cf. Section II.1.6), due to market and economic considerations.

Economic operators will not receive remuneration for their participation in the procedure.

The estimated value stated in Section II.1.5) is the estimated value for the entire contract period. However, the maximum budget is 10 440 000 DKK without VAT regarding payment for the eCase MS (delivery payment), as stated in Section II.2.14). Tenders will be rejected if they exceed the Contracting Authority's maximum budget.

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

Actions regarding the procedure (e.g. decisions regarding award of contract) must be submitted within:

— 45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU,

— 30 calendar days from the day after the Contracting Authority has notified the economic operators that a contract based on a Framework Agreement with reopening of competition has been entered into, or

— 6 months from the day after the Contracting Authority has notified the economic operators of the decisions regarding award of a Framework Agreement.

The complainant must at the same time notify the Contracting Authority that an action has been submitted to the Danish Complaints Board for Public Procurement.

Internet address: www.kfst.dk