Internet address(es):

Main address: https://www.ethics.dk/ethics/eo#/2d7f858f-33a3-48c4-9ee8-a6cd3201a222/homepage

E-case Implementation — EUACI

The EU Anti-Corruption Initiative (EUACI) is the largest EU supported programme in the area of anti-corruption in Ukraine. The overall objective of the EUACI is to improve implementation of anti-corruption policy in Ukraine, thereby ultimately contributing to a reduction in corruption. Consequently, the Danish Ministry of Foreign Affairs, Danish Embassy in Kiev (MFA) wishes to procure a complete eCase Management System (eCase MS), including hardware, integration, migration, maintenance, support and development related to the eCase MS. This procurement is a joint project aiming to design, develop and supply an eCase MS for the National Anticorruption Bureau of Ukraine (NABU) and the Specialised Anticorruption Prosecutor’s office (SAPO). The eCase MS is supposed to provide extensive functionality for automation of the pre-trial investigation workflow. The stakeholders are NABU (Beneficiary), SAPO, HACC (High Anti-Corruption Court), lawyers, other persons, involved in pre-trial case.

Ukraine.

The eCase MS shall allow dealing with at least 1 500 unique cases per year with at least 280 NABU users, 80 SAPO users, varying number lawyers, experts and involved persons, generating more than 100 000 unique events per year to use the eCase MS.

The eCase MS has to cover the following functionalities (non-exhaustive list):

1) Deliver communications between the detectives, prosecutors and the court in an electronic form;

2) Allow replacing where it is applicable all paper-based documents in the case with electronically signed documents;

3) Create/register new or merge/split/transfer existing criminal cases;

4) Assign detectives and prosecutors to the criminal cases, set up investigation and prosecution groups;

5) Document procedural actions, as well as create, review and approve respective procedural documents (protocols, complaints etc.);

6) Upload, download and view all the annexes to the procedural documents including scan-copies, photos, audio- and video-records;

7) Enter and modify/update information on the participants of the criminal cases;

8) Plan execution of procedural actions and track status of their delivery, assign and track deadlines to the actions;

9) Perform automated data exchange with external state registers and databases;

10) Segregate and control user access to the system to ensure rights to data according to roles, users, profiles and standards to access and restrictions to information security in terms of pre-trial investigations.

The eCase MS shall exchange automated messages with:

— workflow document systems of NABU (Ascot),

— workflow document system of prosecution (Megapolis),

— workflow document management system for court,

— court system for pretrial cases,

— court system for summoning of lawyers,

— pretrial (future) prosecutor’s system (replacement of RDR) for cases.

The eCase MS shall allow 20 % annual extension of cases within the next 5 years.

The tenderer shall be able to provide change management, such as system configuration, new functionalities and system development in accordance with the Beneficiary’s needs and change requests in order to develop the eCase MS.

The MFA shall be the exclusive owner of any and all intellectual property rights vested in any parts of the delivery developed specifically for the MFA, including any customised software to the designed eCase MS and the tenderer shall deliver the source code to the customised Software included in the eCase MS to MFA as part of the delivery.

The tenderer shall be able to deliver maintenance and support for a 4-year period after the warranty period. MFA is not obligated to procure maintenance and support for the entire 4 -year period and may by notice terminate maintenance and support subject to 6 months’ prior notice for expiry on the first day of a month, provided always that such expiry shall not take effect until one year from the Acceptance Date.

The MFA is entitled at any time to assign partially or completely its rights and obligations under the contract to another Public Institution, hereunder the beneficiary. The MFA is expected to assign all rights and obligations under the contract to the beneficiary within 2 years after delivery but is not subject to any requirement in this respect.

The maximum budget is 10 440 000 DKK without VAT regarding payment for the eCase MS (delivery payment). The maximum budget does not include maintenance and support or additional consultancy services based on hourly rates after the warranty period. Tenders will be rejected if they exceed the Contracting Authority's maximum budget.

The tender procedure is governed by Danish law and the rules applicable hereunder.

An English translation of the Danish Public Procurement Act is available on: https://www.kfst.dk/media/46419/the-public-procurement-act.pdf

The Contracting Authority has only received irregular tender – tenders not fulfilling the minimum requirements — and will in accordance with section 61(1)(2) of the Public Procurement Act apply a competitive procedure with negotiation.

In accordance with section 61(4) of the Public Procurement Act, the Contracting Authority will not publish a Contract Notice, as all tenderers included in the open procedure have submitted tenders in accordance with the formal requirements of the previous open procedure and which complies with the requirements in Section 159(2)(2)(1-3) of the Public Procurement Act.

Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/

There are no specific deadlines for actions regarding cancellation of the open procedure. Complaints must be submitted to the Danish Complaints Board for Public Procurement and the Contracting Authority at the same time.

Actions regarding the negotiated procedure (e.g. decisions regarding award of contract) must be submitted within:

45 calendar days from the day after the publication of a contract award notice in the Official Journal of the EU,

The complainant must at the same time notify the Contracting Authority that an action has been submitted to the Danish Complaints Board for Public Procurement.

Internet address: www.kfst.dk