Hankinnan kuvaus
Keva was looking for a fully functional and operating Governance Risk management and compliance tool as a fully hosted SaaS service (Software as a Service) and its support and maintenance. The system must be readily compatible with Keva's current risk management processes and development plan.
The system will be used for gathering and storing risk management information as well as to analyse and report risk portfolio for different kind of purposes both internal and external users. The system must be able to handle operational, strategic, compliance and cyber security and information security risks not forgetting the business continuity data. It is also desirable to have ability to composite risks. The emphasis in choosing this tool is on the ability of the system to analyse and produce various kinds of reports of risk positions and to govern risk data with easy to use workflow process.
The contract was not divided into lots because doing so would have made implementation technically too difficult, and coordination problems would put the implementation of the project and the system utilisation at risk.
Suspension of the procurement process
In accordance with section 125 of the Act on Public Procurement and Concession Contracts (1397/2016) a procurement procedure may only be suspended for a real and legitimate reason. The decision to suspend a procurement procedure shall be governed by the provisions of section 123 concerning procurement decisions.
In accordance with subsection 1 of section 132 of the Act on Public Procurement and Concession Contracts (1397/2016) a contracting entity may quash its own erroneous decision or cancel some other resolution made in a procurement procedure with legal effects on the status of candidates or tenderers and decide the matter again (rectification of procurement) if the decision or other resolution made in the procurement procedure is based on an erroneous application of the law, or if new information has come to light in the case that could affect the decision, the resolution, or the conditions for concluding the procurement agreement. In accordance with subsection 2 rectification of a decision or resolution shall not require the consent of the concerned party.
According to the case law of the Court of Justice of the European Communities (from 1.12.2009 the Court of Justice of the European Union), when adopting a suspension decision, the contracting entity must comply with the fundamental rules of Community law on public procurement, including the principles of non-discrimination and equal treatment (e.g. Case C27/98 Fracasso & Leitschutz and Case C92/00 HI). The fact that the call for tenders has appeared to be unclear or incorrect has also been considered an acceptable reason to suspend the procurement procedure. (C-244/02, Kauppatalo Hansel Oy)
After the procurement decision, it was noticed during the finalisation of the agreement that the call for tenders was unclear and open to interpretation. The implementation project was not sufficiently described in the call for tenders. Therefore it was not possible to conclude an agreement with the winning tenderer.
There is a real and legitimate reason for suspending the procurement as defined in the legislation. The contracting entity rectifies the procurement decision of November 30th 2022, and suspends the procurement.