Norske Tog AS ("NT") intends to enter into a "Maintenance, Operation & Support Agreement" with Alstom Transport Norway AS and Alstom Transport Deutschland GmbH ("Alstom"). Norske Tog signed a contract on 1 October 2022 with Alstom for the purchase of new local trains. NT needs operation, maintenance and support of the Alstom-hosted environment on the land side ("Wayside Environment") which is a part of the procurement contract. This consists of Alstom's Onexis platform, applications, portals, databases, tools, land-side infrastructure and service desk operations. More specifically, this includes the following applications: - TrainTracer CFM: Central display of diagnostics and status data for the fleet. - JRU: Remote reading of the train ́s travel printer - APC: Automatic passenger counting - RTMM: Remote management of train modes, including train wake-up - CDAS: Connected Driver Advisory System - VSS: Video surveillance, including viewing and retrieval of footage from the train's security cameras - PAPIS: Update, real time information and connected functionality for passenger information. - SRS: Seat reservation for N06 - PMS: Monitoring data for the pantograph and boggi via an land-side/wayside API NT has considered that it is only Alstom who can provide the services in question and therefore intends to enter into a contract directly with Alstom, pursuant to Section 9-3 (b), points 2 and 3, of the Norwegian Utilities Regulations (forsyningsforskriften § 9-3) The applications are proprietary to Alstom. The software has been developed by Alstom and its subcontractors, and they have full control over the source code, internal interfaces, architecture, test environments and development tools. This information is not available to other parties, and there is therefore no basis for any party outside the Alstom organisation to manage and maintain the software. If, hypothetically, it were possible for another party to manage the software, that party would have to attempt to reconstruct the system without access to the necessary technical documentation. This would entail a significant risk of functional errors, reduced security, failure to meet uptime requirements, as well as non-compliance with requirements applicable to railway systems. In addition, any changes to the wayside environment must be assessed against the software versions of the trainsets and the applicable safety approvals. Alstom possesses this comprehensive understanding and is the only party with insight into how the software is structured and how changes affect the system as a whole. The same considerations also apply for other parts of the delivery such as the portals, databases, tools and infrastructure. This is Alstom's proprietary knowledge and cannot be shared with other parties. The Onexis platform is a part of an integrated system that handles communication and data exchange between the trains and the land side systems. Although in principle, operation of the Azure environment can be dealt with separately, operation, maintenance, error recovery and updates of the overall solution require in-depth knowledge of Alstom's proprietary software, system architecture and train interface. Dividing the operational responsibility between several suppliers will lead to increased complexity, higher costs and longer error recovery time. It would also make it more difficult to ensure effective coordination of security updates, vulnerability management and changes affecting both the Onexis platform and the onboard train systems. On this background NT considers Alstom to be the only supplier capable of providing the services in question and considers that the conditions set out in Section 9-3(b), points 2 and 3, of the Norwegian Utilities Regulations are met.