Non-residential property renting or leasing services (Норвегия - Тендер #44011377)

Voluntary ex-ante transparency notice - contract for the lease of data hall space

The Health Service"s Operations Organisation for the Emergency Network Trust [Helsetjenestens driftsorganisasjon for nødnett HF (HDO)] currently has an agreement with Tietoevry Connect Norway AS for the hire of data halls with associated data centre services ("housing services") in Hans Mustads gate 31 in Gjøvik. The initial agreement expires 31 July 2023, HDO needs to continue the lease and intends to enter into a new agreement for the hire of data halls with associated data centre services directly with Tietoevry Connect Norway AS.

Gjøvik

The Health Service"s Operations Organisation for the Emergency Network Trust [Helsetjenestens driftsorganisasjon for nødnett HF (HDO)] currently has an agreement with Tietoevry Connect Norway AS for the hire of office premises and data halls with associated data centre services ("housing services") in Hans Mustads gate 31 in Gjøvik. In addition to the lease of premises, the data centre part of the agreement includes infrastructure for power and cooling, redundancy and monitoring, security and other data centre services. HDO itself is responsible for the operation and maintenance of the ICT equipment located in the data centres.

The agreement expires on 31 July 2023, and HDO needs to extend the lease. HDO intends to enter into new, separate agreements with Tietoevry Connect Norway AS for the lease of office space and the lease of data halls with associated data centre services, respectively. This voluntary ex-ante transparency notice concerns the new agreement for the lease of data halls with associated data centre services. The new agreement will have a duration of 5 years, with the possibility for extension through options for 3 + 3 + 3 years.

Duration of 5 years with options for 3 + 3 + 3 years - total maximum of 14 years.

The agreement that HDO intends to enter into concerns in part the lease of premises for the placement of ICT equipment and in part to data centre services ("housing services"). It is therefore a mixed contract. Services - the lease of premises and data centre services - cannot be objectively separated. HDO will then enter into a mixed contract in accordance with the rules that apply to the service that constitutes the main element of the contract, cf. § 6-2 (2) of the Public Procurement Regulations.

Per HDO"s assessment, it is the lease of premises that constitutes the main element of the agreement. The purpose of the agreement is to lease space with associated infrastructure for the placement of ICT equipment. HDO is responsible for the operation and maintenance of this equipment. Data centre services are closely related to the lease object and include services that are also included in ordinary leases. Per HDO"s assessment, the data centre services are not of such a nature or scope that they deprive the agreement of the character of a lease contract.

The lease of premises falls outside the public procurement legislation, cf. the Public Procurement Regulations § 2-4 letter. HDO therefore believes that it is authorised to enter into the agreement directly with Tietoevry Norway AS without holding a tender contest pursuant to the Public Procurement Regulations § 6-2 (2).