Tildeling af en kontrakt uden forudgående offentliggørelse af en indkaldelse af bud i Den Europæiske Unions Tidende (begrundelse)
The Contract is marginally modified without a new procurement procedure in accordance with the Danish Public Procurement Act (Udbudsloven) section 178.
The change does not constitute a material change, cf. section 178 (2).
1) The modification does not introduce conditions which would have provided access for other candidates than those originally selected or enabled acceptance of another tender than the tender originally accepted or would have attracted further participants to the procurement procedure;
2) The economic balance of the contract is not changed to the advantage of the supplier in a way which was not provided for by the original contract;
3) The modification is marginally and does not extent the scope of the contract considerable;
4) The modification does not replace the supplier to which the contracting authority had initially awarded the contract, and
5) The modification would not have affected the outcome of the procurement.
The modification will include additional licenses, equal to those already contracted, and configuration efforts delivered by the existing contract project team. Unit pricing of the configuration effort is handled within the present contract scope. No new sub suppliers will be involved.
The modification will be delivered within the existing contract timeline by the same resources delivering the original contracted system.
There will be no substantial change to the supplier’s obligations under the contract, however it is foreseen that the supplier will carry a minor increased risk due to additional interfaces to 3 party systems.
The price of the modification is 450 560 EUR, therefor only 6 percent of the Contract value, and is in general based on unit pricing from the Contract.
The modification does not alter the overall nature of the Contract.
Finally, it should be noted that even if the modification, despite the above assessment, were to be regarded as a material change, the modification could legally be agreed in accordance with Udbudsloven section 181 since the modification:
1) Represent less than 50 % of the originally agreed price;
2) Must be considered necessary for the performance of the contract, and
3) Can’t be left to another supplier, without significant both economic and technical problems and inconvenience.
The modification is necessary in order for Sund and Bælt to fulfil obligations regarding additional enforcement schemes that where not foreseen at the time the contract was initially entered. There is significantly less cost of configuring the existing system, than buying a new system. It will be more technical and economic inconvenient to operate and maintain 1 system rather than 2, and for employees to work with 1 system rather than 2.