Expansion of the operation of 'Services for Sensitive Data' (TSD) for a research project

Information

Award of a contract without prior publication of a contract notice in the Official Journal of the European Union
1/23/2018 9:17 AM (GMT+01:00)

Buyer

Sykehuspartner HF Sykehuspartner HF
Terje Myhre
Postboks 3562
3007 Drammen
Norway
991 324 968

Assignment text

Sykehuspartner HF 991 324 968 Postboks 3562 Drammen 3007 Terje Myhre +47 92604900 termyh@sykehuspartner.no https://sykehuspartner.no Expansion of the operation of 'Services for Sensitive Data' (TSD) for a research project TSD - utvidelse - 2017 Services for Sensitive Data (TSD), which is offered by the University´s center for information technology (Usit), at the University of Oslo (UiO), is used by publicly supported research projects in order to fulfil the requirements in the Health Register Act and the Personal Information Protection Act for the storage and processing of personal information used for research purposes. In September 2016 HSØ signed a contract, after an intention notice, for the procurement of a share of the TSD system´s services. HSØ would now like to enter into a direct contract with UiO/Usit for an increase of the current procurement scope. 8250000.00 Oslo Services for Sensitive Data (TSD), which is offered by the University´s center for information technology (Usit), at the University of Oslo (UiO), is used by publicly supported research projects in order to fulfil the requirements in the Health Register Act and the Personal Information Protection Act for the storage and processing of personal information used for research purposes. In September 2016 HSØ signed a contract, after an intention notice, for the procurement of a share of the TSD system´s services for NOK 1.5 million per annum excluding VAT. HSØ would now like to enter into a direct contract with UiO/Usit for an increase of the TSD system for a total of NOK 4.3 million per annum excluding VAT. The TSD platform is operated by UiO in UiO´s network and has strong security mechanisms and a strong separation between different research projects. Users use 2 factors authentication for project access and each project in the system has its own virtual network and file system. Secure data collection and supercomputing for the research project´s data as well as user support from personnel who have research competence are also distinct qualities of the TSD system. HSØ plans to procure a system itself in a few years that has comparable functionality as the TSD system. The increased operational contract will last until September 2019, whilst the contract will last until November 2020 for a subset of the system. HSØ´s procurement of a significant share of the TSD system´s production and user support and not only one and one service in a price list supports the exceptions below. Traditional self-management internally in the government: — the contracting authority believes that the exception for real self-management applies, as the procurement and sale between 2 governmental entities are according to Norwegian law, to be seen as a procurement in real self-management as the government constitutionally, procedurally and formally is one unit. this has been tested in KOFA in the cases 2012/188 and 2005/251. — it is also the basis of the Ministry of Trade and the Fisheries´ (then FAD) interpretation statement dated 18 January 2005. There is the same basis in legal theory by Thune with others (2013) and Dragsten (2013). Public-public cooperation: — on certain terms, public bodies can cooperate in carrying out public assignments so that they fall outside the procurement rules. — the terms are in the procurement regulations § 3-3. — TSD use supports medical research that is carried out in Helse Sør-Øst RHF. This type of research and education is a public assignment carried out in the community´s interest. — only public bodies have a contract with UiO for using TSD. Consequently, the requirement for 80 % activity is fulfilled. Sole supplier exception: — the legal basis for the exception from the announcement obligation is in the regulation § 13-4 letter b points 2 and 3, where a contracting authority can use a negotiated procedure (direct procurement) without announcing a competition when the prerequisites are fulfilled. There are no similar services in the current market, the security level is particularly unique in the service that the system provides, including a scaling-up of the number of projects. In concrete, ISD isolates data from independent research projects and the isolation is complete in all the functionality in the TSD system; data collection, data processing including supercomputing. Researchers require services that have many choices and TSD offers DaaS (Desktop a Service) with both Linux and Windows operative systems. The offered user support for the research projects has great subject specific competence with separate research experience. The TSD system is designed and construed by the University of Oslo - firstly as just a service for its own research projects, and then in a significant cooperation with Helse Sør-Øst RHF. No private or other public entities have a right to the system. Traditional self-management internally in the government: — the contracting authority believes that the exception for real self-management applies, as the procurement and sale between 2 governmental entities is according to Norwegian law, to be seen as a procurement in real self-management as the government constitutionally, procedurally and formally is 1 unit. Public-public cooperation: — on certain terms, public bodies can cooperate in carrying out public assignments so that they fall outside the procurement rules. The terms are in the procurement regulations § 3-3. Sole supplier exception: — the legal basis for the exception from the announcement obligation is in the regulation § 13-4 letter b points 2 and 3, where a contracting authority can use a negotiated procedure (direct procurement) without announcing a competition when the prerequisites are fulfilled. The TSD system is designed and construed by the University of Oslo - firstly as just a service for its own research projects, and then in a significant cooperation with Helse Sør-Øst RHF. No private or other public entities have a right to the system. 2018-01-11 Universitetet i Oslo 971035854 Boks 1072 Oslo 0316 www.uio.no 6250000.00 6250000.00 Sykehuspartner HF Vektergården, Grønland 34 Drammen 3045 2018-01-19

See tender at TED: http://ted.europa.eu/udl?uri=TED:NOTICE:031805-2018:TEXT:EN:HTML

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