Negotiated procedure with SAP

Acquisition of SAP software, maintenance, and the provision of associated professional services (e.g., knowledge transfer and consultancy), as well as Cloud Services. Cloud services in this context refer to SAP software in scope of this contract, sold and delivered as a service using cloud technologies (SaaS/PaaS). Acquisition of SAP software, …

CPV: 48000000 Logiciels et systèmes d'information, 72260000 Services relatifs aux logiciels
Lieu d'exécution:
Negotiated procedure with SAP
Service d'adjudication:
European Commission, DG DIGIT - Digital Services
Numéro d'adjudication:
EC-DIGIT/2024/NP/0027

1. Buyer

1.1 Buyer

Official name : European Commission, DG DIGIT - Digital Services
Legal type of the buyer : EU institution, body or agency
Activity of the contracting authority : General public services

2. Procedure

2.1 Procedure

Title : Negotiated procedure with SAP
Description : Acquisition of SAP software, maintenance, and the provision of associated professional services (e.g., knowledge transfer and consultancy), as well as Cloud Services. Cloud services in this context refer to SAP software in scope of this contract, sold and delivered as a service using cloud technologies (SaaS/PaaS).
Procedure identifier : 632ca768-1169-4871-82e5-5c50053dbf0d
Internal identifier : EC-DIGIT/2024/NP/0027
Type of procedure : Negotiated without prior call for competition

2.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 48000000 Software package and information systems

2.1.2 Place of performance

Country : Belgium
Anywhere in the given country
Additional information : Please consult the procurement documents.

2.1.4 General information

Legal basis :
Regulation (EU, Euratom) 2024/2509

5. Lot

5.1 Lot technical ID : LOT-0001

Title : Negotiated procedure with SAP
Description : Acquisition of SAP software, maintenance, and the provision of associated professional services (e.g., knowledge transfer and consultancy), as well as Cloud Services. Cloud services in this context refer to SAP software in scope of this contract, sold and delivered as a service using cloud technologies (SaaS/PaaS).
Internal identifier : EC-DIGIT/2024/NP/0027

5.1.1 Purpose

Main nature of the contract : Supplies
Main classification ( cpv ): 48000000 Software package and information systems
Additional classification ( cpv ): 72260000 Software-related services

5.1.2 Place of performance

Country : Belgium
Anywhere in the given country
Additional information : Please consult the procurement documents.

5.1.3 Estimated duration

Duration : 72 Month

5.1.4 Renewal

Maximum renewals : 1
Other information about renewals : The framework contract is concluded for an initial period of 60 (sixty) months, renewable 1 (one) time(s). Please consult the draft framework contract in the procurement documents.

5.1.6 General information

Procurement Project fully or partially financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : yes

5.1.10 Award criteria

Criterion :
Type : Quality
Description : Please consult the procurement documents.
Criterion :
Type : Price
Description : Please consult the procurement documents.
Description of the method to be used if weighting cannot be expressed by criteria : Please consult the procurement documents.

5.1.15 Techniques

Framework agreement :
Framework agreement, without reopening of competition
Information about the dynamic purchasing system :
No dynamic purchase system

5.1.16 Further information, mediation and review

Review organisation : Court of Justice of the European Union
Organisation providing more information on the review procedures : European Commission, DG DIGIT - Digital Services
Organisation signing the contract : European Commission, DG DIGIT - Digital Services

6. Results

Maximum value of the framework agreements in this notice : 830 520 339,21 Euro
Direct award :
Justification for direct award : The contract can be provided only by a particular economic operator because of an absence of competition for technical reasons
Other justification : The need for SAP software and associated services stems directly from business continuity considerations. The need for a negotiated procedure without prior publication of a contract notice in accordance with section 11.1.(b)(ii)/(iii) Annex I to the Financial Regulation is due to the existence of technical reasons and the need of protection of exclusive rights. Thus, the contract can be only awarded to one particular economic operator. Major elements of SAP’s product offering that are currently in use within the Commission, as well as other EU Institutions, agencies and bodies cannot be replaced in a technically or economically reasonable way without major disruptions or disproportionate costs to reimplement for the foreseeable future. SAP is the sole holder of exclusive intellectual property rights regarding its software and associated services. The associated services acquired under this particular contract are required for the maintenance and evolution of the customisation of core parts of the SAP software that cannot be performed without SAP’s consent, as an IPR owner, by any other IT company. The maintenance and evolution of such customisations and components is critical for the integration of SAP software in the IT environment of the participating Institutions. Therefore, there is no feasible and reasonable alternative to using SAP technology or to contemplate using it without resort to qualified SAP services, without a significant impact on continuity. Therefore, contractual access to the catalogue of SAP’s products and services is mandatory in order to ensure business continuity. These products are covered by a legacy captivity situation which covers their ordering under the future FWC. This situation is not attributable to the contracting authority because the latter did not have real and reasonable means from an economic point of view to put an end to an existing situation of exclusivity during the period before deciding to use the negotiated procedure (e.g. by trying to obtain the transfer of exclusive rights or to organize a new procedure for obtaining a replacement solution). The contracting authority did not have, from an economic point of view, any real and reasonable means to put a halt to the situation of exclusivity over the course of the years before the launch of the new procurement procedure.

6.1 Result lot ldentifier : LOT-0001

At least one winner was chosen.
Framework agreement :
Maximum value of the framework agreement : 830 520 339,21 Euro

6.1.2 Information about winners

Winner :
Official name : SAP BELGIUM - SYSTEMS APPLICATIONS AND PRODUCTS SA
Tender :
Tender identifier : SAP BELGIUM - SYSTEMS APPLICATIONS AND PRODUCTS SA
Identifier of lot or group of lots : LOT-0001
Subcontracting : No
Contract information :
Identifier of the contract : DI-08310
Date on which the winner was chosen : 24/07/2025
Organisation signing the contract : European Commission, DG DIGIT - Digital Services

6.1.4 Statistical information

Received tenders or requests to participate :
Type of received submissions : Tenders submitted electronically
Number of tenders or requests to participate received : 1

8. Organisations

8.1 ORG-0001

Official name : European Commission, DG DIGIT - Digital Services
Registration number : COM
Department : DIGIT.R - Change Management and Resources
Postal address : Rue de la Loi 107
Town : Brussels
Postcode : B-1000
Country subdivision (NUTS) : Arr. de Bruxelles-Capitale/Arr. Brussel-Hoofdstad ( BE100 )
Country : Belgium
Telephone : +32 2 299 11 11
Roles of this organisation :
Buyer
Organisation providing more information on the review procedures
Organisation signing the contract

8.1 ORG-0002

Official name : Court of Justice of the European Union
Registration number : CURIA
Postal address : Rue du Fort Niedergrünewald
Town : Luxembourg
Postcode : L-2925
Country subdivision (NUTS) : Luxembourg ( LU000 )
Country : Luxembourg
Telephone : +352 4303-1
Internet address : http://curia.europa.eu
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : European Commission
Registration number : EUCOM
Postal address : Mondrian (CDMA), Rue du Champ de Mars 21
Town : Brussels
Postcode : B-1050
Country subdivision (NUTS) : Arr. de Bruxelles-Capitale/Arr. Brussel-Hoofdstad ( BE100 )
Country : Belgium
Telephone : +32 2 299 11 11
Roles of this organisation :
TED eSender

8.1 ORG-0004

Official name : SAP BELGIUM - SYSTEMS APPLICATIONS AND PRODUCTS SA
Size of the economic operator : Large
Registration number : BE0441797980
Postal address : HERMESLAAN 9
Town : DIEGEM
Postcode : 1831
Country subdivision (NUTS) : Extra-Regio NUTS 3 ( BEZZZ )
Country : Belgium
Telephone : +3226746511
Roles of this organisation :
Tenderer
Winner of these lots : LOT-0001

Notice information

Notice identifier/version : 4d598610-be7d-4466-9603-28cc815795c9 - 01
Form type : Result
Notice type : Contract or concession award notice – standard regime
Notice dispatch date : 01/08/2025 17:12 +02:00
Languages in which this notice is officially available : English
Notice publication number : 00512995-2025
OJ S issue number : 148/2025
Publication date : 05/08/2025