1.
Buyer
1.1.
Buyer
Official name
:
Energinet
Legal type of the buyer
:
Public undertaking
Activity of the contracting entity
:
Production, transport or distribution of gas or heat
2.
Procedure
2.1.
Procedure
Title
:
Procurement of support and maintenance of GAS SCADA platform
Description
:
The procurement regards a service and maintenance contract for a GAS SCADA platform. The platform is used by Energinet to monitor and control the Danish gas transmission grid. The monitoring system itself is delivered through a tendered contract and this voluntary ex ante transparency solely regards the maintenance and support agreement for the system. The support and maintenance services are, however, essential for Energinet, as the monitoring system is regarded as critical infrastructure for the supply of gas in Denmark. Energinet’s SCADA system in the gas transmission network is highly specialized and a very extensive system. The system is a proprietary system, supplied by the supplier that owns the source code for the SCADA system.
Procedure identifier
:
dda1479b-c124-4b9f-82e5-9dc81de6ec7d
Internal identifier
:
16/02712
Type of procedure
:
Negotiated without prior call for competition
2.1.1.
Purpose
Main nature of the contract
:
Services
Main classification
(
cpv
):
72253200
Systems support services
Additional classification
(
cpv
):
42961200
Scada or equivalent system,
65210000
Gas distribution
2.1.2.
Place of performance
Country
:
Denmark
Anywhere in the given country
Additional information
:
Denmark
2.1.4.
General information
Legal basis
:
Directive 2014/25/EU
5.
Lot
5.1.
Lot
:
LOT-0000
Title
:
Procurement of support and maintenance of GAS SCADA platform
Description
:
The procurement regards a service and maintenance contract for a GAS SCADA platform. The platform is used by Energinet to monitor and control the Danish gas transmission grid. The monitoring system itself is delivered through a tendered contract and this voluntary ex ante transparency solely regards the maintenance and support agreement for the system. The support and maintenance services are, however, essential for Energinet, as the monitoring system is regarded as critical infrastructure for the supply of gas in Denmark. Energinet’s SCADA system in the gas transmission network is highly specialized and a very extensive system. The system is a proprietary system, supplied by the supplier that owns the source code for the SCADA system.
Internal identifier
:
16/02712
5.1.1.
Purpose
Main nature of the contract
:
Services
Main classification
(
cpv
):
72253200
Systems support services
Additional classification
(
cpv
):
42961200
Scada or equivalent system,
65210000
Gas distribution
5.1.2.
Place of performance
Country
:
Denmark
Anywhere in the given country
Additional information
:
Denmark
5.1.3.
Estimated duration
Duration
:
1
Year
5.1.4.
Renewal
Maximum renewals
:
7
The buyer reserves the right for additional purchases from the contractor, as described here
:
The contract has a duration of one year with automatic renewal up to 8 years in total.
5.1.6.
General information
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA)
:
yes
5.1.12.
Terms of procurement
Information about review deadlines
:
Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision. Other complaints must be filed with The Complaints Board for Public Procurement within: 1. 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date); 2. 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the deci-sion; 3. 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision. 4. 30 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union which clarifies the reasons for the contract being awarded without prior publication of a contract notice (when the procedure described in section 4 of the Act on the Danish Complaints Board for Public Procurement (klagenævnsloven) has been followed). Energinet shall follow the procedure in Section 4 of the Act on the Board of Appeal (Consolidated Act No 593 of 2.6.2016 on the Public Procurement Board of Appeal, available at: www.retsinformation.dk). Thus, the intended contract will not be concluded before the expiry of 10 calendar days with effect from the day following the date of publication of this notice, cf. Section 4 (1) (2) of the Act on the Board of Appeal.
5.1.15.
Techniques
Framework agreement
:
No framework agreement
5.1.16.
Further information, mediation and review
Review organisation
:
Klagenævnet for Udbud
Organisation providing additional information about the procurement procedure
:
Energinet
Organisation providing more information on the review procedures
:
Konkurrence- og Forbrugerstyrelsen
Organisation whose budget is used to pay for the contract
:
Energinet
Organisation executing the payment
:
Energinet
Organisation signing the contract
:
Energinet
TED eSender
:
Mercell Holding ASA
6.
Results
Value of all contracts awarded in this notice
:
470 500,00
EUR
Direct award
:
Justification for direct award
:
The contract can be provided only by a particular economic operator because of an absence of competition for technical reasons
Other justification
:
The procured contract regards support and maintenance of a SCADA gas system, that is used by Energinet to monitor and control the Danish gas transmission grid. The monitoring system itself is delivered by Vivavis and this voluntary ex ante transparency solely regards the maintenance and support agreement for the system. The support and maintenance services are, however, essential for Energinet, as the monitoring system is regarded as critical infrastructure for the supply of gas in Denmark. Energinet’s SCADA system in the gas transmission network is a proprietary system, supplied by Vivavis. Vivavis owns the source code for the SCADA system, which for technical reasons and due to the protection of exclusive rights, including intellectual property rights, results in a lack of competition. The SCADA system is highly specialized and very extensive and therefore cannot be replaced without a multi-year process for this, thus it is not currently possible to simply enter into an agreement for a new system with a different supplier. It is expected that the system will be put out to tender and potentially changed within the next 8 years, where this service agreement only will be current until the potential shift from the existing system. Further, by having the supplier of the system as the supplier of support and maintenance for the system, Energinet is able to utilize synergy effect between the two contracts. It can therefore be concluded, that Vivavis is the only supplier who can fulfill the contract, as: - Only the owner of the source code can perform security patches and updates. - It is a highly specialized SCADA system developed by Vivavis, and thus Vivavis are the only specialists for this specific system. - Synergy effects can only be achieved in the partnership by using the same supplier for the delivery and maintenance of system. - The system is critical to the supply of gas, and it is thus critically important that the supplier is familiar with the system in order to provide effective support. In addition to the above, the value of the contract is estimated to be below the 2024 threshold for goods and services in EU Directive 2014/25. The reasoning behind this ex ante transparency is based on the precautionary principle as the estimated value is close to the threshold. The value is estimated based on historical data and expected future needs.
6.1.
Result lot ldentifier
:
LOT-0000
6.1.2.
Information about winners
Winner
:
Official name
:
Vivavis AG
Tender
:
Tender identifier
:
16/02712
Identifier of lot or group of lots
:
LOT-0000
Contract information:
Identifier of the contract
:
385747
Title
:
Procurement of support and maintenance of GAS SCADA platform
Organisation signing the contract
:
Energinet
8.
Organisations
8.1.
ORG-0001
Official name
:
Energinet
Registration number
:
28980671
Postal address
:
Tonne Kjærsvej 65
Town
:
Fredericia
Postcode
:
7000
Country subdivision (NUTS)
:
Sydjylland
(
DK032
)
Country
:
Denmark
Contact point
:
Kirsten Ebstrup
Telephone
:
+45 70102244
Roles of this organisation
:
Buyer
Organisation providing additional information about the procurement procedure
Organisation signing the contract
Organisation whose budget is used to pay for the contract
Organisation executing the payment
8.1.
ORG-0002
Official name
:
Klagenævnet for Udbud
Registration number
:
37795526
Postal address
:
Nævnenes Hus, Toldboden 2
Town
:
Viborg
Postcode
:
8800
Country subdivision (NUTS)
:
Østjylland
(
DK042
)
Country
:
Denmark
Telephone
:
+45 72405708
Roles of this organisation
:
Review organisation
8.1.
ORG-0003
Official name
:
Konkurrence- og Forbrugerstyrelsen
Registration number
:
10294819
Postal address
:
Carl Jacobsen Vej 35
Town
:
Valby
Postcode
:
2500
Country subdivision (NUTS)
:
Byen København
(
DK011
)
Country
:
Denmark
Telephone
:
+45 41715000
Roles of this organisation
:
Organisation providing more information on the review procedures
8.1.
ORG-0004
Official name
:
Vivavis AG
Size of the economic operator
:
Medium
Registration number
:
DE-186497049
Postal address
:
Nobelstrasse 18
Town
:
Ettlingen
Postcode
:
76275
Country subdivision (NUTS)
:
Karlsruhe, Landkreis
(
DE123
)
Country
:
Germany
Telephone
:
+49 972 432187439
Roles of this organisation
:
Tenderer
Winner of these lots
:
LOT-0000
8.1.
ORG-0005
Official name
:
Mercell Holding ASA
Registration number
:
980921565
Postal address
:
Askekroken 11
Town
:
Oslo
Postcode
:
0277
Country subdivision (NUTS)
:
Oslo
(
NO081
)
Country
:
Norway
Contact point
:
eSender
Telephone
:
+47 21018800
Fax
:
+47 21018801
Roles of this organisation
:
TED eSender
11.
Notice information
11.1.
Notice information
Notice identifier/version
:
8fc3ca97-2668-42de-bb56-6f28ec728eb7
-
02
Form type
:
Direct award preannouncement
Notice type
:
Voluntary ex-ante transparency notice
Notice subtype
:
26
Notice dispatch date
:
12/02/2025
07:34:57 (UTC)
Notice dispatch date (eSender)
:
12/02/2025
08:00:37 (UTC)
Languages in which this notice is officially available
:
English
11.2.
Publication information
Notice publication number
:
99843-2025
OJ S issue number
:
31/2025
Publication date
:
13/02/2025
BREAKING