The procurement is for an extension of software maintenance (including support) for locally operated HR and finance licences
from Unit4. NHH entered into a contract with Unit4 in 2019 for the procurement of licences for, among other things, HR and
wage administration. The current maintenance contract expires 31.12.2023 and NHH and has, thus, a need to enter into an agreement
on software maintenance and sup...
The procurement is for an extension of software maintenance (including support) for locally operated HR and finance licences
from Unit4. NHH entered into a contract with Unit4 in 2019 for the procurement of licences for, among other things, HR and
wage administration. The current maintenance contract expires 31.12.2023 and NHH and has, thus, a need to enter into an agreement
on software maintenance and support to ensure further operation of the system. The maintenance continuously involves the creation
and distribution of error corrections and upgrades in order to keep the software in a safe and operationally good condition.The
licenses to be maintained have been in use for a long period and were procured to be locally operated on NHH's platform. The
system that shall be maintained is tasked with taking care of NHH's need for financial management, including procurements,
accounting reports, project management and hour registration. The system also handles wages driving, travel expenses, absence
and other HR related assignments. Unit4 AS is the rightful owner of the software and thus has the sole right to manufacture
copies of the software, develop including error fixes, support and upgrades, etc. Unit4 AS is thus the sole distributor of
software and maintenance agreements/support/accesses to the system, by having the sole right to use the software with the
accompanying maintenance services. Regulation 12 August 2016 no. 974 on public procurement (procurement regulations – FOA)
§ 13-4, litra b, number 3 states that the contracting authority can hold a procurement without competition if the procurement
concerns services that only a specific supplier can deliver because the tenderer has sole exclusive rights. Uni4 ́s HR and
finance system is adapted and integrated in NHH's architecture. It will be very demanding to replace the HR and payroll system,
as well as adapt all systems that use the functionality in Unit4. The costs of replacing, including the purchase of new licences,
entering into a new maintenance agreement with another supplier, adaptations, tests and training will exceed the contract
sum for the maintenance contract many times. NHH is not aware that there are cheaper alternatives, cf. the Public Procurement
Regulations § 13-4, litra b, last sentence. The above provisions state that the above can only be used "when there are no
reasonable alternatives and the lack of competition is not due to the Contracting Authority adapting the procurement documents
to a particular tenderer".The terms for entering into a new maintenance agreement without a competition will be seen as fulfilled.
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