Other justification
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The contract has been awarded following the procurement procedure of negotiation without prior publication of a procurement notice, as the contract could only be awarded to one supplier (SG) due to lack of competition for technical reasons and the protection of exclusive rights, in accordance with Section 80, subsection 3, of the Danish Procurement Act. Danske Spil has thus assessed that there is no reasonable alternative or substitute, and that the lack of competition is not the result of an artificial narrowing of the procurement conditions, in accordance with Section 80, subsection 4 of the Danish Procurement Act. In 2015, Danske Spil tendered a contract for a PAM solution, cf. contract notice 2015/S 100-182900. The contract covered the delivery, operation, and development of a comprehensive system for account management of Danske Spil’s customers. Additionally, the contract provided Danske Spil with access to ongoing further development of the system. The contract was awarded to SG and entered into on January 4, 2016. The entire system delivered by SG under the contract consists of a core system, initially based on SG's standard software, as well as several custom-developed software components specifically designed and developed for Danske Spil’s organization and needs, including requirements caused by national legislation. Consequently, extensive implementation and development work has been carried out, after which SG (following the transition) made the entire system available to Danske Spil, while maintaining and further developing additional components for the system. The current contract expires in August 2025, and Danske Spil has therefore had a need to enter into a new contract for access to a PAM system, along with its operation and development. In this context, Danske Spil has wished to continue to make use of the custom-developed software that is designed for Danske Spil’s specific needs. As mentioned, the custom-developed components are the result of an extensive development process, during which Danske Spil has invested significant resources in adapting the system to meet its specific needs. Due to the technical dependencies between SG’s core system and the custom-developed software for Danske Spil, it is, in Danske Spil’s assessment, practically impossible for a new supplier to integrate the custom-developed software into their own PAM system. The custom-developed software is designed to function with SG's specific core software and is therefore based on and built upon it. Consequently, in Danske Spil’s assessment, it is not possible to use the custom-developed software without SG’s PAM system. Furthermore, it is Danske Spil assessment that there are no other economic operators that can provide a product that can meet Danske Spil’s specific needs as specified above. It is Danske Spil’s assessment that it would likely take several years for a new supplier to develop software capable of meeting the need, and this would also involve significant costs for Danske Spil to other suppliers and internal resources to implement a transition to a new system. Thus, it is in any case not realistic that other economic operators would be able to offer a solution that is even remotely as economically advantageous as SG's solution . Finally, a transition to another system is considered to entail significant operational risks for DS's business. The lack of competition is therefore not a result of an artificial narrowing of the procurement conditions, nor can it be said that a reasonable alternative or substitute exists, cf. Section 80, subsection 4 of the Danish Procurement Act. In practice, only SG’s PAM system can meet Danske Spil’s needs, and access to its use, as well as the operation, maintenance, and development of the system, can only be obtained from SG.