Delivery and maintenance of a Forensic IT solution for the handling of electronic data

The Competition and Consumer Authority

The Danish Competition and Consumer Authority manages the control investigations of Danish undertakings, cf. Section 18 (4) of the Danish Competition Act. While carrying out the control investigations electronic data is seized from the IT system of the undertaking in question for subsequent review and analysis. The seized electronic data may be of a quite significant size. After having carried out a control investigation the Competition and Consumer Authority will have 25 days to review the data and identify the files which are deemed necessary to either confirm or dismiss the Authority's assumption of a violation of the Competition Act. This phase is described as the subsequent processing and takes place in the Authority's Forensic IT Laboratory (FIT Lab). For the use hereof the Competition and Consumer Authority intends to purchase an IT system to support the handling of the seized data in connection with the control investigations as part of the review and analysis of theseized data.
The contract put out for tender comprises the purchase and implementation of an IT system which in relation to the Authority's handling of seized electronic data after a control investigation will support a quick and credible review of the matters and ensure that evidence of a possible violation of the Competition Act is secured. The IT system must functionally support the principles of Forensic IT and thereby ensure that the files handled by the system will maintain their origin and authenticity so that the HASH-value, contents and metadata are identical with the corresponding original data in the undertaking from which the copy was seized and loaded to the system. For the use of the subsequent processing phase the IT system must have the capacity to process, index and analyse very large amounts of data as well as document these in order for the data to be used as evidence in court.
For the purchase and implementation of the IT system as described above in relation to necessary software and, if relevant, hardware, the contract also comprises maintenance and necessary further development and adjustment of the IT system to ensure the system's continued use and availability. Maintenance and further development must be supplied in a four year period after the delivery and implementation of the IT system with the option of two extention periods, each by one year.
The operation of the IT system will be performed by the Competition and Consumer Authority or by a third party on behalf of the Competition and Consumer Authority.

Deadline

Fristen for modtagelse af bud var på 2013-08-13. Indkøbet blev offentliggjort på 2013-07-05.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• Dell A/S

Hvem?

• The Competition and Consumer Authority

Hvad?

• Programmelrelaterede tjenester › Implementering af programmel
• Programmelrelaterede tjenester › Levering af programmel
• Programmelrelaterede tjenester › Programmelsupport
• Programmelrelaterede tjenester › Programmelvedligeholdelses- og reparationstjenester

Hvor?

• Hovedstaden › Byen København

Indkøbshistorik

Dato	Dokument
2013-07-05	Udbudsbekendtgørelse
2013-11-22	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2013-07-05)
Objekt
Omfanget af udbuddet
Titel: It-tjenester: rådgivning, programmeludvikling, internet og support
Mængde eller omfang: 2 000 00011 000 000
Bekendtgørelsens metadata
Originalsprog: engelsk 🗣️
Dokumenttype: Udbudsbekendtgørelse
Kontraktens art: Tjenesteydelser
Forordning: Den Europæiske Union, med deltagelse af GPA-lande
Fælles glossar for offentlige kontrakter (CPV)
Kode: It-tjenester: rådgivning, programmeludvikling, internet og support 📦

Procedure
Procedureform: Begrænset udbud
Bud-type: Indsendelse gældende for alle delaftaler
Kriterier for tildeling
Det økonomisk mest fordelagtige bud

Ordregivende myndighed
Identitet
Land: Danmark 🇩🇰
Type af ordregivende myndighed: Ministerium eller anden myndighed på nationalt plan eller forbundsplan
Navn på ordregivende myndighed: The Competition and Consumer Authority
Postadresse: Carl Jacobsens Vej 35
Postnummer: 2500
Postby: Valby
Kontakt
Internetadresse: http://www.kfst.dk 🌏
E-mail: kpk@kfst.dk 📧
Telefon: +45 41715146 📞

Reference
Datoer
Afsendelsesdato: 2013-07-05 📅
Tilbudsfrist: 2013-08-13 📅
Offentliggørelsesdato: 2013-07-10 📅
Identifikatorer
Bekendtgørelsesnummer: 2013/S 132-228689
Henviser til bekendtgørelse: 2012/S 228-375719
EUT-S-nummer: 132
Yderligere oplysninger

Regarding I.1). No further specifications or documents will be available to the candidates. Only the candidates invited to participate in the prequalification will gain access to the collected tender documents. Any questions and answers during the prequalification phase will continuously be published on the website stated in Annex A.II (URL). The candidates are advised to visit the mentioned website for updated information regularly. Regarding II.2.1). The amounts stated in section II.2.1) are the Competition and Consumer Authority's estimate of the price that market operators would require for the performance of the contract and includes all deliveries including the maximum extention of the contract. The Competition and Consumer Authority estimates that the delivery of the system will be priced in the interval of DKK 2 - 8 million. It must be noted that the Competition and Consumer Authority's budget for the contract is not yet determined and therefore may the final amount allocated for the contract vary significantly. Regarding II.3). The stated duration concerns maintenance and further development and is calculated from the date of the approved acceptance test. Regarding III.2). Candidates who do not submit the requested information cannot expect to be invited to participate in the tender. If the candidate consists of a group of economic operators (e.g. a consortium) the information in section III.2.1) and III.2.3) must be provided for each member of the group. A candidate may rely on the capacities of other economic operators irrespective of the legal nature of the connection between the candidate and the other operator. If so the candidate must prove to the contracting authority that the candidate has the resources necessary for the execution of the contract at its disposal, e.g. by enclosing documentation that it can rely on the capacities of the other legal entity, cf. Article 48(3) of the Directive 2004/18/EC on the coordination of procedures for the award of public work contracts, public supply contracts and public service contracts. Regarding IV.3.4). Candidates may only submit one application for prequalification. Applications cannot be submitted per e-mail. The Contracting Authority would like to receive the application in 7 hard copies and electronically on a CD-ROM, USB key or similar electronic device. Applications must be submitted in a sealed enveloped marked 'CONFIDENTIAL - Tender for Forensic IT solution for the handling of electronic data - not to be opened by internal mai'. Furthermore, it is requested that the candidate provides an e-mail address of the relevant contact person to whom any possible information can be forwarded. Regarding IV.3.5). The stated date is only an expected date. Regarding IV.3.6). Applications for prequalification as well as the tender may be submitted in Danish and English.

Yderligere oplysninger

Regarding I.1). No further specifications or documents will be available to the candidates. Only the candidates invited to participate in the prequalification will gain access to the collected tender documents.

Any questions and answers during the prequalification phase will continuously be published on the website stated in Annex A.II (URL). The candidates are advised to visit the mentioned website for updated information regularly.

Regarding II.2.1). The amounts stated in section II.2.1) are the Competition and Consumer Authority's estimate of the price that market operators would require for the performance of the contract and includes all deliveries including the maximum extention of the contract. The Competition and Consumer Authority estimates that the delivery of the system will be priced in the interval of DKK 2 - 8 million. It must be noted that the Competition and Consumer Authority's budget for the contract is not yet determined and therefore may the final amount allocated for the contract vary significantly.

Regarding II.3). The stated duration concerns maintenance and further development and is calculated from the date of the approved acceptance test.

Regarding III.2). Candidates who do not submit the requested information cannot expect to be invited to participate in the tender. If the candidate consists of a group of economic operators (e.g. a consortium) the information in section III.2.1) and III.2.3) must be provided for each member of the group. A candidate may rely on the capacities of other economic operators irrespective of the legal nature of the connection between the candidate and the other operator. If so the candidate must prove to the contracting authority that the candidate has the resources necessary for the execution of the contract at its disposal, e.g. by enclosing documentation that it can rely on the capacities of the other legal entity, cf. Article 48(3) of the Directive 2004/18/EC on the coordination of procedures for the award of public work contracts, public supply contracts and public service contracts.

Regarding IV.3.4). Candidates may only submit one application for prequalification. Applications cannot be submitted per e-mail. The Contracting Authority would like to receive the application in 7 hard copies and electronically on a CD-ROM, USB key or similar electronic device. Applications must be submitted in a sealed enveloped marked 'CONFIDENTIAL - Tender for Forensic IT solution for the handling of electronic data - not to be opened by internal mai'. Furthermore, it is requested that the candidate provides an e-mail address of the relevant contact person to whom any possible information can be forwarded.

Regarding IV.3.5). The stated date is only an expected date.

Regarding IV.3.6). Applications for prequalification as well as the tender may be submitted in Danish and English.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

The contract put out for tender comprises the purchase and implementation of an IT system which in relation to the Authority's handling of seized electronic data after a control investigation will support a quick and credible review of the matters and ensure that evidence of a possible violation of the Competition Act is secured. The IT system must functionally support the principles of Forensic IT and thereby ensure that the files handled by the system will maintain their origin and authenticity so that the HASH-value, contents and metadata are identical with the corresponding original data in the undertaking from which the copy was seized and loaded to the system. For the use of the subsequent processing phase the IT system must have the capacity to process, index and analyse very large amounts of data as well as document these in order for the data to be used as evidence in court.

For the purchase and implementation of the IT system as described above in relation to necessary software and, if relevant, hardware, the contract also comprises maintenance and necessary further development and adjustment of the IT system to ensure the system's continued use and availability. Maintenance and further development must be supplied in a four year period after the delivery and implementation of the IT system with the option of two extention periods, each by one year.

The operation of the IT system will be performed by the Competition and Consumer Authority or by a third party on behalf of the Competition and Consumer Authority.

Anslået værdi uden moms: 2 000 000 💰
11 000 000 💰
Mindste antal mulige forlængelser: 1
Maksimalt antal mulige forlængelser: 2
Tidsramme for efterfølgende kontrakter: 12 måneder
Varighed: 48 måneder
Referencenummer: 12/09205

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Egnethed til at udøve det erhverv:

A signed solemn declaration to the effect whether the candidate when the tender is submitted has unpaid payable debt to the authorities in the country in which the candidate is established and, in Denmark, pursuant to the provisions of Consolidated Act No. 336 of 13 May 1997 on the Restriction of Debtors' Options for Participating in Public Procurement Procedures and on the Amendment of Certain other Acts.

If the candidate consists of a group of economic operators (e.g. a consortium), each member of the group must submit a solemn declaration. If the candidate relies on the capacities of other economic operators, reference is made to section VI.3).

Candidates may contact the Competition and Consumer Authority, jf. section I.1) and receive a standard form to be used by the candidate when submitting the solemn declaration.

Teknisk og faglig kompetence:

A list of the main similar deliveries that the candidate has provided in the past three years, cf. section II.1.5).

The contracting authority would like the candidate to provide information regarding extent, time and character of the deliveries, including the candidate's concrete role with respect to the deliveries.

The contracting authority would like a short description of why a reference is relevant for the evaluation of the candidate's technical capacity.

Template for the submission of the requested information

can be obtained at the following address:

http://www.kfst.dk/service-menu/presserum/presse-2013/fit-tender

Minimum level(s) of standards possibly required:

Documented relevant experience in the shape of at least one reference comprising the delivery of an IT system based on the principles of Forensic IT that supports a subsequent processing of investigation of seized or collected data, e.g. after a control investigation has been carried out or as part of an internal investigation within any given undertaking.

Kontraktens udførelse
Krav om deponering og sikkerhedsstillelse:

In case of prepayment an irrevocable on demand guarantee for repayment shall be provided.

De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem:

Reference is made to the tender documents with regard to the terms of payment. Invoicing must take place electronically in accordance with Danish legislation on public payments in force at any time. At present the rules governing public payments are embodied in the Danish Public Payments (Consolidation) Act no. 798 of 28 June 2007.

Den juridiske form, som den sammenslutning af økonomiske aktører, der skal have kontrakten, skal have:

If the contract is awarded to a group of economic operators (e.g. a consortium), such group is required to undertake joint and several liability and appoint a representative authorised to act on behalf of the consortium.

Andre særlige vilkår:

Pursuant to the provisions of ILO Convention No 94 regarding Labour Clauses in Public Contracts, the State of Denmark is obliged to ensure that the provider and any sub-contractors ensure that the wages and salaries (including allowances), working hours and other conditions of labour of their workers in Denmark are not less favourable than those applicable to work of an equal nature within the trade or industry in question in the district where the work is performed pursuant to any collective agreement, arbitration award, national legislation or administrative regulations.

To the relevant extent, the contract will reflect the principles for corporate social responsibility as stated in the United Nations Global Compact.

Procedure
Påtænkt antal ansøgere: 5
Objektive kriterier for udvælgelse:

Selection of candidates invited to tender will be carried out by evaluating which of the candidates who has provided the most relevant and extensive deliveries of similar IT systems relevant to the contract.

Dato for afsendelse af opfordringer: 2013-08-27 📅
Sprog
Sprog: dansk 🗣️
engelsk 🗣️

Ordregivende myndighed
Kontakt
Enhed: Kasper Pommer Kasch
Navn: The Competition and Consumer Authority
URL til dokumenter: http://www.kfst.dk/service-menu/presserum/presse-2013/fit-tender 🌏
E-mail: kfst@kfst.dk 📧

Reference
Datoer
Offentliggørelsesdato: 2012-11-27 📅
2013-01-19 📅
2012-12-01 📅
Identifikatorer
Referencenummer tildelt af den ordregivende myndighed: 12/09205
Meddelelsesnummer i EUT S: 2012/S 228-375719
2013/S 14-019485
2013/S 14-017631
2012/S 232-381318
Yderligere oplysninger

Any questions and answers during the prequalification phase will continuously be published on the website stated in Annex A.II (URL). The candidates are advised to visit the mentioned website for updated information regularly.

Regarding II.2.1). The amounts stated in section II.2.1) are the Competition and Consumer Authority's estimate of the price that market operators would require for the performance of the contract and includes all deliveries including the maximum extention of the contract. The Competition and Consumer Authority estimates that the delivery of the system will be priced in the interval of DKK 2 - 8 million. It must be noted that the Competition and Consumer Authority's budget for the contract is not yet determined and therefore may the final amount allocated for the contract vary significantly.

Regarding II.3). The stated duration concerns maintenance and further development and is calculated from the date of the approved acceptance test.

Regarding III.2). Candidates who do not submit the requested information cannot expect to be invited to participate in the tender. If the candidate consists of a group of economic operators (e.g. a consortium) the information in section III.2.1) and III.2.3) must be provided for each member of the group. A candidate may rely on the capacities of other economic operators irrespective of the legal nature of the connection between the candidate and the other operator. If so the candidate must prove to the contracting authority that the candidate has the resources necessary for the execution of the contract at its disposal, e.g. by enclosing documentation that it can rely on the capacities of the other legal entity, cf. Article 48(3) of the Directive 2004/18/EC on the coordination of procedures for the award of public work contracts, public supply contracts and public service contracts.

Regarding IV.3.4). Candidates may only submit one application for prequalification. Applications cannot be submitted per e-mail. The Contracting Authority would like to receive the application in 7 hard copies and electronically on a CD-ROM, USB key or similar electronic device. Applications must be submitted in a sealed enveloped marked 'CONFIDENTIAL - Tender for Forensic IT solution for the handling of electronic data - not to be opened by internal mai'. Furthermore, it is requested that the candidate provides an e-mail address of the relevant contact person to whom any possible information can be forwarded.

Regarding IV.3.5). The stated date is only an expected date.

Regarding IV.3.6). Applications for prequalification as well as the tender may be submitted in Danish and English.

Supplerende oplysninger
Gennemgå organ
Navn: The Danish Complaints Board, The Danish Business Authority
Postadresse: Langelinie Allé 17
Postby: Copenhagen Ø
Postnummer: 2100
Land: Danmark 🇩🇰
E-mail: klfu@erst.dk 📧
Telefon: +45 35291000 📞
Internetadresse: http://www.klfu.dk 🌏
Oplysninger om frister for klageprocedurer:

Complaint for not having been prequalified must be lodged with the Danish Complaints Board for Public Procurement within 20 calendar days of the date following the date when the Contracting Authority sent notification to the affected applicants stating the names of those prequalified if the notification as well as a brief outline of the relevant reasons for the decision.

A complaint must be lodged with the Danish Complaints Board for Public Procurement before 45 calender days after the Contracting Authority has published a notice in the Official Journal of the European Union to the effect that the Contracting Authority has entered into a contract. The deadline is counted from the date following the date when the notice was published.

The complainant must notify the Contracting Authority of a complaint lodged with the Danish Complaints Boardfor Public Procurement no later than on the date of submission of the complaint to the Danish Complaints Board for Public Procurement. Furthermore, the Contracting Authority must be informed whether the complaint was lodged in the standstill period.

In cases where the complaint is not lodged within the stand-still period, the claimant must also state if he has applied for a stay pending the outcome of the complaint.

Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Samme som: Kontakt
Kilde: OJS 2013/S 132-228689 (2013-07-05)

Bekendtgørelse om indgåede kontrakter (2013-11-22)
Objekt
Omfanget af udbuddet
Den samlede værdi af udbuddet: 11 000 000 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse

Reference
Datoer
Afsendelsesdato: 2013-11-22 📅
Offentliggørelsesdato: 2013-11-26 📅
Identifikatorer
Bekendtgørelsesnummer: 2013/S 229-398266
Henviser til bekendtgørelse: 2013/S 132-228689
EUT-S-nummer: 229
Yderligere oplysninger

Regarding section V.4), the initial estimated total value of the contract were DKK 2-11 mio. The stated total final value of the contract is the total tender sum calculated in order to evaluate the sub-criterion 'price' in the tender evaluation in accordance with the tender material. Regarding V.3), the contract is awarded to a consortium consisting of two companies: 1) Dell A/S Arne Jacobsens Allé 15-17 2300 Copenhagen S Denmark Vat No: DK 18 29 67 99 2) AccessData 3rd Floor 1 Bedford Street London WC2E 9HG United Kingdom afleet@accessdata.com VAT - 974 0803 11 (AccessData)

Objekt
Omfanget af udbuddet
Referencenummer: 13/09228

Procedure
Kriterier for tildeling
Kriterium: 1. Quality (55)
2. Price (35)
3. Deliveries and maintenance (10)

Tildeling af kontrakt
Dato for kontraktindgåelse: 2013-11-06 📅
Navn: Dell A/S
Postadresse: Arne Jacobsens Allé 15-17
Postby: Copenhagen S
Postnummer: 2300
Land: Danmark 🇩🇰
Oplysninger om udbud
Antal modtagne bud: 1
Kilde: OJS 2013/S 229-398266 (2013-11-22)

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