📋 Tender Overview
Contract awarded for Extension of the lifespan of existing operationally critical control and automation systems - 26/12557 lot-0000, title: extension of the lifespan of existing operationally critical control and automation systems - 26/12557, description: energinet assesses that the conditions for applying the exception provision in the supply business directive's article 50, letter c, ii), are analogously met, as the intended services can for objective technical reasons only be performed by the suppliers who have the existing system responsibility and the necessary access, documentation, platform competence, and service obligation for the relevant system parts. the existing scada solutions are a critical part of the management of operational operations in both gas storage facilities. the solution has been established, adapted, and continuously expanded over time, and the specified supplier has, by virtue of the existing service agreements, the necessary system knowledge, access to technical documentation, configuration knowledge, competencies, and responsibility to carry out the necessary upgrades and adjustments without disproportionate risk of operational disruptions, loss of functionality, or lack of coherence with the existing solutions. it is not assessed to be a realistic or proportional alternative to let another supplier perform the services. such a solution would require extensive transfer, mapping, reverse engineering, testing, validation, certification, and subsequent complex risk management, which would incur significant additional costs, delays, and increased operational risk. energinet further assesses that a transition to other control systems from other system suppliers would entail costs of at least 100 million dkk, which does not correspond to the estimated value of the necessary maintenance to preserve the system's expected continued lifespan. on this basis, energinet has assessed that there are no reasonable alternative solutions or substitution options that can meet the need in a technically, economically, and operationally sound manner. the direct award is therefore not justified by a desire to avoid competition, but by objective technical conditions related to the existing control and automation systems, including considerations of interoperability, operational reliability, supply security, and risk limitation. ensuring market price although the agreement is awarded directly to abb a/s, energinet will ensure that the price is market-based and reasonable. this is done by requesting suppliers to submit a specified offer with a separate indication of hourly rates as fixed prices. energinet will conduct a critical assessment of the offered prices, including by comparing them with existing agreement prices, historical prices, internal reference prices, relevant market data, and any comparable services where possible. energinet will also reserve the right to negotiate prices, terms, and scope of delivery with abb a/s to ensure that the agreements are entered into on economically sound and market-based terms. to enhance price transparency and limit the risk of direct awarding, the agreement will include requirements for price breakdown, documentation of significant cost elements, and clear frameworks for the use of hourly rates, spare parts, and any additional services. the agreements are also limited to the services necessary to upgrade the existing control solutions and must not be used to expand the suppliers' position beyond the technically justified need. on this basis, energinet assesses that the use of direct awarding is objectively justified, proportional, and necessary, and that through the subsequent price assessment and negotiation, the greatest possible competition of the economic terms is ensured within the technical sole supplier situation. the assessment of the technical sole supplier situation is not based on the identity of the suppliers as companies, but on objective technical conditions of the existing installations. the included process control and automation systems are based on supplier-specific and proprietary hardware and software platforms, which have been integrated with the plants' process equipment, safety functions, operator interfaces, communication interfaces, and other system components over a longer period. the existing system suppliers possess the necessary system knowledge, access to proprietary components, supplier-specific configurations and integration solutions, as well as the existing service and maintenance responsibility for the included system parts. a transfer of the relevant services to another supplier would require extensive mapping of existing systems, establishment of new system knowledge, analysis of proprietary configurations and integrations, as well as carrying out extensive testing, validation, and risk management activities. this is assessed to entail significant technical, safety, time, and economic risks, including the risk of affecting the continued operation of the plants and supply security. for the above reasons, an analogy is made to the exception provision in the supply business directive's article on technical sole supplier situation, see article 50, letter c, ii). this means that even though there is a clear cross-border interest, cf. section 4 of the procurement law, there will be no announcement on udbud.dk, which is the starting point in energinet's corporate guidelines for procurement - but that the agreement is awarded directly to the aforementioned companies. estimated value excluding vat: none .Extension of the lifespan of existing operationally critical control and automation systems - 26/12557
