Tender for Contract regarding provision of Supervisory Technology Data Collection Services and related services

Kort beskrivelse

I) Background and purpose:
This tender concerns a contract regarding provision of a standard Supervisory Technology (SupTech) Data Collection System (the "System") and related Services to support legally required reporting of financial data from financial entities to regulating parties, such as the Danish Financial Supervisory Authority (the "contracting entity") and the European Supervisory Authorities (the "ESAs"), currently, EBA, ESMA and EIOPA. The contracting entity is obliged to make such system available for the financial entities.

The contracting entity wishes to acquire an already functioning and well-tested standard system in production, offered on the market to customers within the financial supervisory sector and designed to meet common business needs in relation to reporting of financial data to relevant authorities.

The System shall be able to handle all existing reporting frameworks from the ESAs (currently EBA, ESMA and EIOPA) on the Acceptance Date. Any future new reporting frameworks, e.g. in relation to the upcoming ESAP, shall be implemented in the System by the Supplier as a Service as per Order, unless the future new reporting frameworks are part of a new version or release. It is the contracting entity’s expectation that future new reporting frameworks in most cases automatically will be a part of the System as a new version or release.

In order to meet current and future requirements from the relevant authorities regarding reporting, storage and forwarding of financial data, it is the contracting entity’s ambition that the System over time shall replace the contracting entity’s existing solution for reporting (FIONA).

The primary purpose of the System is to simplify compliance with current and future financial reporting requirements.

II) Main Services:
The tender includes the main Services A-D below. The System and Continuing Services shall be provided as a "Software as a Service" ("SaaS"), which represents a way of providing a cloud service where users gain access to the software applications via the internet.

A: Implementation Services:
The Supplier shall provide Implementation Services, which includes the necessary installation and configuration of the System, migration of data or equivalent, integrations to the extent specified in Appendix 3.1 of the tendered contract, and one time data exchange from the contracting entity's existing system, FIONA.

The System shall be implemented in accordance with the contracting entity's implementation strategy, cf. Appendix 1 of the tendered contract, after which the System i.a., must be implemented in a specific order in relation to the existing reporting frameworks from the ESAs, currently EBA, ESMA and EIOPA.

Furthermore, the Supplier shall as part of the Implementation Services conduct testing of the provided System, cf. Appendix 6 of the tendered contract, and training and education of the use of the System to the contracting entity.

B: Provision of the System and Continuing Services:
The Supplier shall provide Continuing Services from the Acceptance Date, including:
- Provision of the System for the contracting entity's and Reporter's use,
- operation,
- maintenance, and
- support.

The overall purpose of the Continuing Services is that the contracting entity can use the System as intended, cf. clause 2 of the tendered contract, and in accordance with the requirements in the Appendix 3.1 of the tendered contract.

C: Services as per Order:
The Supplier shall, to the extent not included in the Implementation Services or in the Continuing Services, provide Services as per Order relating to the System. Services as per Order includes the Supplier's provision of consultancy services and/or Additional Modules from the Supplier's Roadmap. Services as per Order shall be provided at the contracting entity's request by using the order form in Appendix 9 of the tendered contract.

D: Exit Services:
The Supplier shall provide Exit Services to the contracting entity in connection with full or partial termination of the contract, including any reasonable and necessary assistance to the contracting entity in connection with the contracting entity's transfer of the Services to the contracting entity or other suppliers.

Beskrivelse af udbuddet

I) Background and purpose:
This tender concerns a contract regarding provision of a standard Supervisory Technology (SupTech) Data Collection System (the "System") and related Services to support legally required reporting of financial data from financial entities to regulating parties, such as the Danish Financial Supervisory Authority (the "contracting entity") and the European Supervisory Authorities (the "ESAs"), currently, EBA, ESMA and EIOPA. The contracting entity is obliged to make such system available for the financial entities.

The contracting entity wishes to acquire an already functioning and well-tested standard system in production, offered on the market to customers within the financial supervisory sector and designed to meet common business needs in relation to reporting of financial data to relevant authorities.

The System shall be able to handle all existing reporting frameworks from the ESAs (currently EBA, ESMA and EIOPA) on the Acceptance Date. Any future new reporting frameworks, e.g. in relation to the upcoming ESAP, shall be implemented in the System by the Supplier as a Service as per Order, unless the future new reporting frameworks are part of a new version or release. It is the contracting entity’s expectation that future new reporting frameworks in most cases automatically will be a part of the System as a new version or release.

In order to meet current and future requirements from the relevant authorities regarding reporting, storage and forwarding of financial data, it is the contracting entity’s ambition that the System over time shall replace the contracting entity’s existing solution for reporting (FIONA).

The primary purpose of the System is to simplify compliance with current and future financial reporting requirements.

II) Main Services:
The tender includes the main Services A-D below. The System and Continuing Services shall be provided as a "Software as a Service" ("SaaS"), which represents a way of providing a cloud service where users gain access to the software applications via the internet.

A: Implementation Services:
The Supplier shall provide Implementation Services, which includes the necessary installation and configuration of the System, migration of data or equivalent, integrations to the extent specified in Appendix 3.1 of the tendered contract, and one time data exchange from the contracting entity's existing system, FIONA.

The System shall be implemented in accordance with the contracting entity's implementation strategy, cf. Appendix 1 of the tendered contract, after which the System i.a., must be implemented in a specific order in relation to the existing reporting frameworks from the ESAs, currently EBA, ESMA and EIOPA.

Furthermore, the Supplier shall as part of the Implementation Services conduct testing of the provided System, cf. Appendix 6 of the tendered contract, and training and education of the use of the System to the contracting entity.

B: Provision of the System and Continuing Services:
The Supplier shall provide Continuing Services from the Acceptance Date, including:
- Provision of the System for the contracting entity's and Reporter's use,
- operation,
- maintenance, and
- support.

The overall purpose of the Continuing Services is that the contracting entity can use the System as intended, cf. clause 2 of the tendered contract, and in accordance with the requirements in the Appendix 3.1 of the tendered contract.

C: Services as per Order:
The Supplier shall, to the extent not included in the Implementation Services or in the Continuing Services, provide Services as per Order relating to the System. Services as per Order includes the Supplier's provision of consultancy services and/or Additional Modules from the Supplier's Roadmap. Services as per Order shall be provided at the contracting entity's request by using the order form in Appendix 9 of the tendered contract.

D: Exit Services:
The Supplier shall provide Exit Services to the contracting entity in connection with full or partial termination of the contract, including any reasonable and necessary assistance to the contracting entity in connection with the contracting entity's transfer of the Services to the contracting entity or other suppliers.

Yderligere oplysninger

The tender must be submitted not later than December 5, 2024, at 10:00 (Danish time).

Section 134a of the Danish Public Procurement Act shall apply to this tender procedure.

Participation in the tender procedure may only take place by electronic means via the electronic tendering system used by the contracting entity. For access to the tender documents, the tenderer must be registered or register as a user. If the tender contains several versions of the same document, the latest uploaded version will apply.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Reference is made to the tender specifications and appendix B for information concerning questions and answers.

Interested operators are requested to keep updated via the electronic tendering system. If the tenderer encounters problems with the system, please contact technical support, either by the contact facility at their website https://mercell.atlassian.net/servicedesk/customer/portal/3/article/195621126508 or telephone (+45) 7022 7007.

The tenderer must submit an ESPD with the tender as preliminary documentation of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act (udbudsloven). It is not necessary for the tenderer to sign the ESPD document. For groups of operators (e.g., a consortium), a separate ESPD must be submitted for each participating operator. Where the tenderer is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The tenderer heading the group and submitting the tender is not required to sign its ESPD document. If the tenderer relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which the tenderer relies.

Before the award decision is made, the tenderer to whom the contracting entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the tenderer may submit to the contracting entity a certificate of registration in an official list of approved economic operators, see section 156 of the Danish Public Procurement Act, issued by the competent authority. The contracting entity only accepts certificates of registration in an official list from tenderers established in the country holding the official list.

Regarding the estimated value of the tendered contract, it should be noted that the amount is an estimate of the expected contract price for the entire term of the contract, including the price of all extensions. The estimate is based on historical data as well as the expected value including all services covered by the contract.

The contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that tenders do not comply with the formal requirements of the tender documents.

Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended which applies to the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies, etc. (reference is made to Article 5k, section 1, for the precise definition of the operators subject to the prohibition). The contracting entity reserves the right at any time during the tender process to require documentation from the economic operators proving that they are not subject to the prohibition, for example by requiring a declaration to this effect and/or documentation of the place of establishment and ownership of the economic operators and any subcontractors.

Pursuant to the Danish Investment Screening Act (https://www.retsinformation.dk/eli/lta/2023/1256) economic operators i) that are domiciled outside the EU or EFTA, or ii) are controlled by or subject to significant influence as defined in the Act from an entity domiciled in or a national of a country outside the EU or EFTA must apply to the Danish Business Authority for an authorisation to enter into a “special financial agreement” within a particularly sensitive sector or activity. The contracting entity has assessed that the conclusion of the contract may be subject to the authorisation requirement. The tenderer should clarify whether the tenderer’s conclusion of the contract will be subject to such requirement. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.

It should be noted that the indicated term of the contract will commence on the date of the latest signature of the contract.

Hovedsted eller sted for udførelsen

The System shall be provided for the contracting entity's and Reporter's use via the internet as a "Software as a Service" ("SaaS"). Other Services may be provided remotely, e.g., via remote access, telephone, email or chat unless otherwise agreed in writing between the Parties. However, see limitations to this in Appendix 12 of the tendered contract.

Betingelser for åbning af tilbud (Oplysninger om bemyndigede personer og åbningsprocedure)

The tenders will be opened in the electronic tendering system after the expiry of the tender deadline, December 5, 2024, at 10:00 (Danish time). Tenderers are not allowed to attend the opening of tenders.

Liste og kortfattet beskrivelse af udvælgelseskriterier

The total annual turnover in the latest financial year.: The tenderer must submit the European Single Procurement Document ("ESPD") with the following information.

- The tenderer's total annual turnover in the latest financial year available.

In this procedure, the tenderer may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the tenderer must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications.

If the tenderer relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the tenderer and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the contract.

The ESPD serves as provisional documentation that the tenderer fulfils the requirements in respect of economic and financial capacity.

Before the award decision is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted:

A statement regarding the operator's overall turnover in the latest annual report/financial statement available, depending on when the operator was established or started trading if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the latest annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g., a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.

As a minimum requirement, a total annual turnover of at least DKK 40.000.000 is required in the latest annual report/financial statement available. If the tenderer relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the tenderer and such other entities in the latest annual report/financial statement available. For groups of operators (e.g., a consortium), the turnover is calculated as the total turnover of the operators in the latest annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.

Liste og kortfattet beskrivelse af udvælgelseskriterier

The equity at the end of the latest financial year available.: The tenderer must submit the European Single Procurement Document ("ESPD") with the following information:

- The tenderer's equity in the latest/ financial year available.

In this procedure, the tenderer may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the tenderer must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications.

If the tenderer relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the tenderer and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the contract.

The ESPD serves as provisional documentation that the tenderer fulfils the requirements in respect of economic and financial capacity.

Before the award decision is made, the tenderer to whom the contracting entity in-tends to award the contract must submit documentation that the information stated in the ESPD is accurate.

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted:

The operator's balance sheets or extracts from balance sheets in the latest annual report/financial statement available if publication of the balance sheets is required under law in the country in which the operator is established, or other documentation of the size of the equity. For groups of operators (e.g., a consortium), the information in the latest annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g., a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.

As a minimum requirement, a positive equity is required in the latest annual report/financial statement available. If the tenderer relies on the capacities of other entities, the equity is to be calculated as the total equity of the operator and such other entities in the latest annual report/financial statement available. For groups of operators (e.g., a consortium), the equity is calculated as the total equity of the operators in the latest annual report/financial statement available. The information is to be stated in section IV.B of the ESPD.

Betingelser for opfyldelse af kontrakten

The tendered contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded and as laid down in the OECD Guidelines for Multinational Enterprises. The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labor clauses in public contracts and Circular no. 9471 of 30 June 2014.

The contract lays down requirements on compliance with the law on processing of personal data.

If the contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative.

The tender must be submitted not later than December 5, 2024, at 10:00 (Danish time).

Section 134a of the Danish Public Procurement Act shall apply to this tender procedure.

Participation in the tender procedure may only take place by electronic means via the electronic tendering system used by the contracting entity. For access to the tender documents, the tenderer must be registered or register as a user. If the tender contains several versions of the same document, the latest uploaded version will apply.

All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Reference is made to the tender specifications and appendix B for information concerning questions and answers.

Interested operators are requested to keep updated via the electronic tendering system. If the tenderer encounters problems with the system, please contact technical support, either by the contact facility at their website https://mercell.atlassian.net/servicedesk/customer/portal/3/article/195621126508 or telephone (+45) 7022 7007.

The tenderer must submit an ESPD with the tender as preliminary documentation of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act (udbudsloven). It is not necessary for the tenderer to sign the ESPD document. For groups of operators (e.g., a consortium), a separate ESPD must be submitted for each participating operator. Where the tenderer is a group of operators, the ESPD document of each participant in the group must be signed by the participant in question. The tenderer heading the group and submitting the tender is not required to sign its ESPD document. If the tenderer relies on the capacities of other entities, an ESPD must be submitted for and signed by each of the entities on which the tenderer relies.

Before the award decision is made, the tenderer to whom the contracting entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the tenderer may submit to the contracting entity a certificate of registration in an official list of approved economic operators, see section 156 of the Danish Public Procurement Act, issued by the competent authority. The contracting entity only accepts certificates of registration in an official list from tenderers established in the country holding the official list.

Regarding the estimated value of the tendered contract, it should be noted that the amount is an estimate of the expected contract price for the entire term of the contract, including the price of all extensions. The estimate is based on historical data as well as the expected value including all services covered by the contract.

The contracting entity may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that tenders do not comply with the formal requirements of the tender documents.

Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended which applies to the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian-controlled companies, etc. (reference is made to Article 5k, section 1, for the precise definition of the operators subject to the prohibition). The contracting entity reserves the right at any time during the tender process to require documentation from the economic operators proving that they are not subject to the prohibition, for example by requiring a declaration to this effect and/or documentation of the place of establishment and ownership of the economic operators and any subcontractors.

Pursuant to the Danish Investment Screening Act (https://www.retsinformation.dk/eli/lta/2023/1256) economic operators i) that are domiciled outside the EU or EFTA, or ii) are controlled by or subject to significant influence as defined in the Act from an entity domiciled in or a national of a country outside the EU or EFTA must apply to the Danish Business Authority for an authorisation to enter into a “special financial agreement” within a particularly sensitive sector or activity. The contracting entity has assessed that the conclusion of the contract may be subject to the authorisation requirement. The tenderer should clarify whether the tenderer’s conclusion of the contract will be subject to such requirement. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements/.

It should be noted that the indicated term of the contract will commence on the date of the latest signature of the contract.

Præcise oplysninger om fristerne for gennemgangsprocedurer

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition, or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision.

3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act.

4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is klfu@naevneneshus.dk.

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.