Procurement of software services agreement - regarding trademarks search tool

The Danish Patent and Trademark Office

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.

Deadline

Fristen for modtagelse af bud var på 2022-09-15. Indkøbet blev offentliggjort på 2022-08-16.

Leverandører

Følgende leverandører er nævnt i tildelingsbeslutninger eller andre indkøbsdokumenter:

• Coexya SAS

Hvem?

• The Danish Patent and Trademark Office

Hvad?

• Programmelrelaterede tjenester › Implementering af programmel

Hvor?

• Sjælland › Østsjælland

Indkøbshistorik

Dato	Dokument
2022-08-16	Udbudsbekendtgørelse
2023-06-09	Bekendtgørelse om indgåede kontrakter

Udbudsbekendtgørelse (2022-08-16)
Objekt
Omfanget af udbuddet
Titel: It-tjenester: rådgivning, programmeludvikling, internet og support
Kort beskrivelse:

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.

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 📦
Yderligere CPV-kode: Programmering af software og konsulentvirksomhed 📦
Sted for udførelsen
NUTS-region: Sjælland 🏙️

Procedure
Procedureform: Udbud med forhandling
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 Danish Patent and Trademark Office
Postadresse: Helgeshøj Alle 81
Postnummer: 2630
Postby: Taastrup
Kontakt
Internetadresse: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/homepage 🌏
E-mail: tld@horten.dk 📧
Telefon: +45 52344023 📞
URL til dokumenter: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/publicMaterial 🌏
URL til deltagelse: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/homepage 🌏

Reference
Datoer
Afsendelsesdato: 2022-08-16 📅
Tilbudsfrist: 2022-09-15 📅
Offentliggørelsesdato: 2022-08-19 📅
Identifikatorer
Bekendtgørelsesnummer: 2022/S 159-453931
EUT-S-nummer: 159
Yderligere oplysninger

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.

Yderligere oplysninger

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.

Objekt
Omfanget af udbuddet
Kort beskrivelse:

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

Anslået samlet værdi: 3 500 000 DKK 💰
Kort beskrivelse:

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.

Anslået værdi uden moms: 3 500 000 DKK 💰
Varighed: 48 måneder
Beskrivelse af fornyelser:

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.

Beskrivelse af mulighederne:

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
Økonomisk og finansiel stilling:

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.

Mindstekrav til niveauet:

Applicants must meet the following minimum requirements:

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

Teknisk og faglig kompetence:

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.

Mindstekrav til niveauet:

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.

Kontraktens udførelse
Betingelser for opfyldelse af kontrakten:

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.

Procedure
Retsgrundlag: 32014L0024
Påtænkt antal ansøgere: 3
Objektive kriterier for udvælgelse af det begrænsede antal ansøgere:

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.

Tidspunkt for modtagelse af tilbud: 23:59
Dato for afsendelse af opfordringer: 2022-09-20 📅
Sprog, på hvilke bud eller ansøgninger om deltagelse kan indgives: engelsk 🗣️
Tilbuddets gyldighedsperiode: 3 måneder
Kriterier for tildeling
Kvalitetskriterium (navn): Quality
Kvalitetskriterium (vægtning): 60
Pris (justeringskoefficient): 40

Ordregivende myndighed
Identitet
Nationalt registreringsnummer: 17039415
Kontakt
Enhed: Trine Louise Balleby Dahl
URL til dokumenter: https://www.ethics.dk/ethics/eo#/f2775a8c-e51a-4e08-8199-4770be75e18d/publicMaterial 🌏

Reference
Yderligere oplysninger

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.

Supplerende oplysninger
Gennemgå organ
Navn: Klagenævnet for Udbud
Postadresse: Toldboden 2
Postby: Viborg
Postnummer: 8800
Land: Danmark 🇩🇰
Telefon: +45 72405600 📞
E-mail: klfu@naevneneshus.dk 📧
Internetadresse: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/ 🌏
Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Postadresse: Carl Jacobsens Vej 35
Postby: Valby
Postnummer: 2500
Telefon: +45 41715000 📞
E-mail: kfst@kfst.dk 📧
Internetadresse: www.kfst.dk 🌏
Kilde: OJS 2022/S 159-453931 (2022-08-16)

Bekendtgørelse om indgåede kontrakter (2023-06-09)
Objekt
Omfanget af udbuddet
Den samlede værdi af udbuddet: 5 616 000 DKK 💰
Bekendtgørelsens metadata
Dokumenttype: Bekendtgørelse om indgåede kontrakter

Procedure
Bud-type: Finder ikke anvendelse

Reference
Datoer
Afsendelsesdato: 2023-06-09 📅
Offentliggørelsesdato: 2023-06-14 📅
Identifikatorer
Bekendtgørelsesnummer: 2023/S 113-353932
Henviser til bekendtgørelse: 2022/S 159-453931
EUT-S-nummer: 113

Tildeling af kontrakt
Dato for kontraktindgåelse: 2023-06-06 📅
Navn: Coexya SAS
Nationalt registreringsnummer: 433624707
Postadresse: 37 Rue de Lyon
Postby: Paris
Postnummer: 75012
Land: Frankrig 🇫🇷
Den samlede værdi af udbuddet: 5 616 000 DKK 💰
Oplysninger om udbud
Antal modtagne bud: 2

Supplerende oplysninger
Gennemgå organ
Oplysninger om frister for klageprocedurer:

Pursuant to the Danish Act on the Complaints Board for Public Procurement, the following appeal deadlines apply in relation to procurements:

Complaints about the award of the contract must be submitted to the Danish Complaints Board for Public Procurement within 45 days after the contracting entity has published a notice in TED (Tenders Electronic Daily) that the contracting entity has entered into a contract. No later than at the same time as a complaint is submitted to the Danish Complaints Board for Public Procurement, the complainant must inform the contracting entity in writing that a complaint is submitted to the Danish Complaints Board for Public Procurement and whether the complaint has been submitted during the standstill period. In cases where the complaint has not been filed during the standstill period, the complainant must also state whether the complaint is to be given suspensive effect.

The rules on appeal deadlines are set out in section 7 of the Danish Act on the Complaints Board for Public Procurement. At the same time as the complaint is filed, a complaint fee of DKK 20,000 must be paid to the Danish Complaints Board for Public Procurement.

Kilde: OJS 2023/S 113-353932 (2023-06-09)

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