4_10_2_cahier_des_charges_open_procedure_en_july2010.doceda.europa.eu/docs/default-source/procurement/14-cps-op... ·...

Deputy Chief Executive

Brussels,

Subject: call for tender “Command, control and communication tool for EATF flying events” - reference No. 14.CPS.OP.131.

Reference: contract notice published in the Official Journal

Dear Sir or Madam,

The European Defence Agency hereby invites you to submit a tender in response to the above-mentioned call for tender for the award of the public contract referred to above.

The tender documents constituting this call for tender are the present invitation to tender, together with the tender specifications and the model contract attached hereto.

A full description of the characteristics required of the needed services and/or supplies is available in the Technical Specifications, laid down in Section 1 of the attached Tender Specifications.

The contractual provisions, in accordance with which the required services and/or supplies are to be provided, are explained in Section 2 of the attached Tender Specifications and the draft contract is included in Annex 4.2 of the Tender Specifications.

A comprehensive overview of this procurement procedure is provided in Section 3 of the attached Tender Specifications. Section 3 specifies inter alia the rules governing the lodging and presentation of tenders and the contacts between the Contracting Authority and the tenderers; that submission of a tender implies acceptance of the specifications; and the period during which a tender will remain valid. It also specifies the evidence of access to contracts, as well as the exclusion, selection and award criteria that will be applied.

We look forward to receiving your tender. Yours sincerely,Rini GOOS//signed//

Annex: Tender Specifications including technical specifications and draft contract

CALL FOR TENDER

TENDER SPECIFICATIONS

TITLE

“Command, control and communication tool for EATF flying events”

Open procedure, 14.CPS.OP.131

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TABLE OF CONTENTS1.1. TECHNICAL SPECIFICATIONS.............................................................................................................................4

1.1. REQUIREMENTS FOR THE PRODUCT.......................................................................................................41.1.1. General requirements..................................................................................................................................41.1.2. Specific requirements..................................................................................................................................5

1.2. REQUIREMENTS FOR THE ANCILLARY SERVICES............................................................................121.2.1. Installation, Configuration, training and post implementation review:.................................................121.2.2. Preventive and corrective maintenance....................................................................................................141.2.3. Off-site support and on-site support.........................................................................................................14

2.2. CONTRACTUAL CONDITIONS........................................................................................................................16

2.1. NATURE OF THE CONTRACT.............................................................................................................................162.2. STARTING DATE OF THE CONTRACT AND DURATION OF THE TASKS...............................................................162.3. ESTIMATED MAXIMUM VALUE OF THE CONTRACT..........................................................................................162.4. TERMS OF PAYMENT – IMPLEMENTATION OF THE CONTRACT.........................................................................162.5. PLACE OF PERFORMANCE.................................................................................................................................162.6. SUBCONTRACTING...........................................................................................................................................162.7. JOINT TENDERS................................................................................................................................................17

3.3. THE PROCUREMENT PROCEDURE:..............................................................................................................19

3.1. GENERAL.........................................................................................................................................................193.1.1. The Contracting Authority........................................................................................................................193.1.2. Access to procurement procedures of EDA..............................................................................................193.1.3. Contacts between the tenderers and EDA................................................................................................20

3.2. PREPARATION OF THE TENDER.........................................................................................................................213.2.1. Content of the tender.................................................................................................................................213.2.2. Part One: Administrative Proposal...........................................................................................................213.2.3. Part two: Technical proposal....................................................................................................................243.2.4. Part three: Financial proposal..................................................................................................................243.2.5. Form of the tender.....................................................................................................................................26

3.3. SUBMISSION OF THE TENDER...........................................................................................................................263.3.1. Substantial conditions for the submission of tenders..............................................................................263.3.2. Formal conditions for the submission of tenders.....................................................................................27

3.4. OPENING OF THE TENDERS...............................................................................................................................283.4.1. Opening Session........................................................................................................................................283.4.2. Processing of tenders.................................................................................................................................28

3.5. EVALUATION OF TENDERS...............................................................................................................................293.5.1. Stage 1 – application of exclusion criteria and exclusion of tenderers...................................................303.5.2. Stage 2 - application of selection criteria (selection of tenderers)...........................................................303.5.3. Stage 3 - application of award criteria (assessment of tenders)..............................................................32

3.6. AWARD OF THE CONTRACT..............................................................................................................................333.6.1. Award and notification..............................................................................................................................333.6.2. Evidence on exclusion criteria..................................................................................................................34

4.4. ANNEXES...............................................................................................................................................................36

4.1. TECHNICAL DOCUMENTATION (WHERE APPLICABLE)......................................................................................374.2. CONTRACTUAL DOCUMENTATION...................................................................................................................38

4.2.1. Draft contract and Security Aspects letter (SAL).....................................................................................384.2.2. Model Guarantee.......................................................................................................................................39

4.3. PROCEDURAL DOCUMENTATION......................................................................................................................414.3.1. Checklist of documents to be submitted....................................................................................................414.3.2. Exclusion criteria form.............................................................................................................................434.3.3. Financial and Economic Capacity Overview Form.................................................................................454.3.4. Subcontractor / Letter of Intent................................................................................................................464.3.5. Power of Attorney......................................................................................................................................474.3.6. Model Financial Proposal Form..............................................................................................................51

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1.1. TECHNICAL SPECIFICATIONS

1.1. REQUIREMENTS FOR THE PRODUCT

1.1.1. General requirements

a. The system shall provide the capabilities to manage the planning, execution and reporting associated with the various courses and exercises staged by the European Defence Agency (EDA). It shall be an integrated system capable of Training and Exercise Management in order to satisfy the requirement to manage the complex nature of the courses and exercises managed by the EATF1 Ad Hoc Working Group Operations & Training (AHWG O&T). Additionally, it shall be able to liaise and interact with systems already used during EATTs and EAATTCs, like MEAT and WISE2.

b. The system shall support the managing, operating, administering, and maintaining of the assets, resources and people and shall have at least the following functionalities:

i. Tasking and scheduling ii. Graphical conflict resolution iii. Formation, sortie group and formed crew support iv. Crew management v. Training objectives managementvi. Integrated diary including MS outlook vii. Asset management and task matching viii. Configuration and status control ix. Overdue aircraft alerts & situational awareness

1 European Air Transport Fleet2 Both are IT systems used by the European Air Transport Command (EATC)

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x. Deployed operations management xi. Currency & qualification tracking xii. Logbook management xiii. Electronic documentation xiv. Electronic workflows xv. Training records and reporting xvi. Key performance tracking and analysis xvii.Flying hours and asset utilization reporting

c. From a training management perspective, the system shall manage any courseware delivery and monitor and assess performance. Its functions shall include assessment and tracking of the crew’s progress throughout the course or exercise, the achievement of the training objectives, provision of grade sheet for flight, simulation and ground school and management of Trainee/Crew throughput from entry till graduation or exercise completion, depending on the activity.

d. From an exercise management perspective, the System shall be capable of transferring data such as trainees’ results, planning forecasts, aircraft readiness status, flying hour achievement and key performance indicator (KPI) reporting if required.

e. It is currently foreseen that the software will be used by up to 50 concomitant end-users at two different sites.

1.1.2. Specific requirements

a. Personnel Data:

The System shall be able to manage people and their personal attributes in a structured way. A set of fundamental attributes which will enable the

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System to manage all aspects of training and operations shall be easily inputted by the user. Personnel data will be protected as required.

b. User rights:

Participants have different rights imposed upon them from time to time. The description of rights shall be user-definable. The System shall enable the users to graphically apply the defined rights to one person or to a group of personnel. The time period of rights shall range from minutes to days.

c. Personnel rights:

The System shall enable users to manage people and their personnel rights in a structured way. Personnel rights shall be user-definable and personnel shall be able to maintain a list of external commitments. Commitments shall be automatically taken into account by the System and any schedule conflicts shall be highlighted. The System shall also display summaries of personnel rights in a variety of formats to enable the schedule to be planned accordingly. The system shall also graphically display relevant rights and conflicts to allow operations staff to efficiently schedule tasking.

d. Personnel Qualifications:

The System shall be able to be configured to include all participants’ Entry level minimum requirements as well as training objectives and the resultant qualifications applicable to all participant roles. Authorised personnel shall be able to update and manage the qualifications and training objectives, including but not limited to, updating qualification status and flagging out qualification status for superior approval. The System shall enable authorised personnel to view summaries and reports of all the personnel qualifications statuses. The System shall be able to enable new qualifications to be created and existing ones to be updated by configuration and not customization.

e. Currencies:

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Currencies are time-critical qualifications; the System shall manage the currencies of all personnel as required. The time resolution of currency periods shall range from days to years. The System shall alert the user to those currency items which are lapsed and those that are about to lapse. The System shall enable users to define new currency items and update existing ones by configuration and not customization. Authorised personnel shall be able to view summaries and reports for an overview of all personnel currency status. The system shall be able to handle complex currency rules and relationships, for example multiple counts/hours of events, before a currency is valid.

f. Scheduling and Conflict Management:

i. The scheduling and conflict management functions of the system shall take into account all currencies, qualifications and syllabus requirements such that the planned schedule complies with required business rules.

ii. Real time concurrent scheduling should be possible by multiple schedulers. Task additions, changes and deletions to the schedule shall be immediately visible to all operational staff.

iii. Scheduling updates shall be reflected in real time across all scheduling interfaces on the network and on short intervals for displays and repeaters.

iv. Schedule amendments will be flagged such that it is visually obvious to all staff that a change has occurred.

v. Participating Nation crew and asset availability will be available in real time to all operations departments in order to make timely scheduling decisions. The option to use multi-screen / combined views will also be possible to act as an additional aid to conflict resolution.

vi. The system will manage the tasking and availability of limited key exercise resources such as airfields, airspace, ranges, classrooms, busses, etc.

vii. The system will graphically depict each event in the form of a folder or event strip such that the data can be amplified to show (and easily edit) all relevant information pertaining to that event strip. All pre and post flight documentation shall be linked to the event strip allowing

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ready access during the planning phase to relevant planning documentation, avoiding duplication of data.

viii. The system will calculate the required duty and rest periods of participating aircrew. A conflict or warning shall be visible if either duty or rest is likely to be exceeded.

ix. All conflict rules shall be established in cooperation with EDA. The system should provide a built-in rule generator where appropriate, allowing a user with administrator rights to adapt the required rules.

x. The system will be able to separate the Planning (tomorrow) and Operations (today) role with optional security between both. Where required however, the system will support seamless communication and data sharing between both roles. The system will allow for broad future and precise immediate planning without the traditional segregation of such views.

xi. The system shall be able to provide configurable electronic authorisations, for example Awaiting Authorisation, Awaiting Captains Release, Awaiting Captains Return, Awaiting Data Lockdown and Awaiting Data Unlock. Each transition from one state to another shall require an appropriate individuals’ password/electronic signature. Logs of all the state transitions for auditing purposes shall be available.

xii. The system shall be able to provide the means to create named sequences or workflows of steps that may be required to be performed. Workflow types and their status shall be displayed directly on the mission strip allowing an operator to see the completion status of all the processes required for a mission or event.

xiii. The system shall provide functionality to view documents that are critical to the mission, task or that have been disseminated by the exercise or course management team. The system shall provide the means to ensure individuals have read appropriate documents with specific items having controlled access.

xiv. The display of real-time operational information will be available in a number of formats that are tailored for the audience. For example:

✓ A general notice board and schedule display tailored for a public area, i.e. a filtered schedule per person or crew, or a graphical display of all elements of the schedule by task, person, or resource.

✓ The system will graphically display events that are part of a formation flight or have multiple legs on the same mission.

✓ The system will visibly indicate flights that are overdue for departure, or are overdue to return.

g. Conflict Resolution

i. The system shall ensure that all conflicts of resource utilisation and/or personnel commitments as well as non-compliances to the required business rules are notified to users.

ii. The system shall notify the users when there are the following three types of conflicts.

✓ Critical conflicts where a person or resource is being used more than once at any point in time, or if the resource is unserviceable or unavailable.

✓ Serious conflicts where a resource or person may not have sufficient time between consecutive events (i.e. debriefing and briefing times).

✓ Logistical conflicts where the resource or person is not in the correct location to be tasked or when a resource is used more than once at the same time.

iii. For personnel conflicts, the system shall have the capability to highlight other personnel that can perform the duty. For asset conflicts, the system shall display the availability and serviceability of alternatives.

iv. The system shall enable users to acknowledge conflicts and proceed with the scheduling. The system shall not prevent the users from overriding a business rule/conflict. However, the system shall provide users visual indications (in the form of highlighted icons or flags) and justification of an overridden rule/conflict where appropriate.

h. Training Objectives/Plans Management

i. The system shall be able to manage Training Objectives/Plans including ground and air events. It shall be capable of managing multiple plans simultaneously. The system shall be able to be configured with all plans required by the AHWG O&T related to ground and air training events.

ii. Each event in the plan shall be definable in terms of resources required, including but not limited to aircraft type and configuration, duration, briefing and debriefing time requirement, staff requirements, prerequisite tasks, and event objectives.

iii. The system shall enable users to choose if scoring/grading is required for each training event.

iv. The system shall manage the events such that they can be organized into a training plan template and then the template assigned to courses as required. It shall also be possible for one person to be assigned to multiple courses.

v. The system shall enable the users to define new events and update existing ones.

vi. The system shall allow training events to be linked to required Courseware, Content, or Briefing material.

vii. The system shall allow for an easy method to record training objectives planned, carried out and scored that is held in the system.

i. Aircraft and Ground Based Training (GBT) Resource Capabilities Management

i. Various aircraft configurations, tail numbers as well as GBT Resource (including but not limited to simulator, debriefing/briefing room, meeting and conference rooms, Desktop Trainer) are required for different training plan events.

ii. The system shall enable each aircraft configuration/tail number and GBT device to be defined and linked to different training plan events as event asset requirements.

iii. All asset configurations shall also be user definable and able to be modified to cater for future growth.

iv. The system shall record and display the availability and statuses of all aircraft and GBT resources.

j. Course Progress Management

i. The system shall be capable of displaying a summary of courses and provide information on whether courses are running to schedule. Metrics as to how far ahead/behind a course shall be easily seen.

ii. The system shall display all course events and completion status for an individual or crew.

iii. The display of course information shall be live, and changes promulgated in real time.

iv. The system will allow automatic updates of qualifications or currencies of an individual or crew once defined course events have been satisfactorily completed.

k. Trainee/crew Progress

i. The progress of trainees/crews through their courses (including flight sorties and GBT results) shall be recorded and easily visible to the trainee and scheduling staff.

ii. All event results shall be recorded and kept permanently by the system.

iii. The system shall be able to cater for trainees attending multiple courses, and the trainee being moved from one course to the next.

iv. The system will record the completion status of each trainee for each course.

v. The system will record trainee Courseware/Content attempt data including date/time stamps and scores if applicable.

l. Resource Availability and Management

i. The system shall visually manage the usage of exercise/course resources that include but are not limited to aircraft, simulators, airspace, airfields, classrooms and ground based transport.

ii. The system shall enable users to update the resource availability/serviceability. Availability and serviceability updates shall be promulgated in real time, and instantly be incorporated in the schedule and conflict management functions.

iii. The system will enable new resources to be introduced as well as updating of existing ones if required.

iv. When a resource is in use or is planned to be in use, the system shall account for and record the utilisation in such a way that a measurement of utilisation rates and long-term trending analysis may be made.

v. Utilization by different groups (i.e. maintenance, SNR (Senior National Representative) of asset allocation such as aircraft tail numbers, simulators and classrooms shall be possible.

m. Event Outcomes

i. Once an event has been scheduled, its outcome will be recorded. The required data elements for an outcome are:

✓ Actual start/end date/time, ✓ Total and allocation of hours, ✓ Asset registration used, ✓ The success or failure of the task/training objective,

✓ Capture of individual outcomes such as times, qualification and currency updates,

✓ Capture of asset utilisation such as overall or component hours, ✓ Trainee/crew performance and activity outcomes.

ii. The system shall have the capability to track the numbers of flying hours flown by the users. These flying hours shall be documented in the personnel’s system logbook and shall be easily retrieved and presented for monitoring and tracking purposes.

iii. The system shall have the capability to record all event outcomes through a system grade sheet. The grade sheet shall enable the users to document and grade all training tasks performed in the training sortie. The content of the electronic grade sheet shall be user-definable and shall include but not limited to sortie write-ups for aircraft and simulator sorties, sortie overall grade and sorties training tasks grade.

iv. Only authorised personnel shall be able to review grade sheets.

n. Sortie History

i. It shall be possible to review the history and outcome of all scheduled sorties.

ii. The system shall have the capabilities to record the reasons for cancelled or partially completed sorties and the sortie shall be made available again for planning if required. All sortie histories shall be permanently stored.

iii. The system shall allow a user to search for historical sorties based on various parameters.

iv. The system shall allow the user to report on consolidated sortie history for example (but not limited to): total hours and allocation, number of cancellations, asset usage and rates of effort.

v. The system should be capable of cancellation / restore a desired mission.

o. Trainee/crew Failure Analysis

i. The system shall aid authorised personnel in the identification of deficiencies and gaps in training and provide visibility of factors that may contribute to failures.

ii. The system shall record all flex, repeats and other training sorties necessary to rectify the trainee’s deficiencies.

iii. The system shall record appropriate data to allow key data mining and graphical reporting using a custom reporting capability, including:

✓ be able to generate graphical representation of individual trainee’s scores.

✓ be able to compare the performance of a trainee compared to historical trainee performance, or performance of peers.

p. Imports

i. Before each training event, the system shall allow importing asset data as an alternative to manual entry. Assets shall include personal and aircraft data.

ii. Personal data shall at least include:

✓ Name✓ Qualification data✓ Currency data

iii. Aircraft data shall at least include:

✓ Assigned hours

iv. Data import shall be possible.

q. Reports

i. For the purposes of reporting, reports using data captured from the system is required. The templates of reports that can be generated by the system shall include but not limited to Flying Hours, personnel activity, instructor loading, End of Course, Daily Flying Programme, and trainee grade sheets.

ii. The system shall enable users to create new report templates and update existing ones.

iii. The system shall enable users to organize and filter reports based on the following criteria:

✓ Date Range ✓ Aircraft Type/Tail or resource ID number (e.g. simulator) ✓ Flight Profile/Type of Task ✓ Outcome (e.g. incomplete sorties, cancelled sorties etc.) ✓ Personnel names ✓ Billing code

iv. All reports shall be exportable in MS Excel format to allow participating nations to make use of the data, and for the AHWG O&T to act on identified trends in order to improve future exercises and courses. All reports shall also be exportable in Excel format. The scheme definition shall be definable by the user.

r. Security

i. The system shall have the capability to segregate user permissions for functionality and data such that personnel not authorized cannot access information he/she is not entitled to.

ii. The system shall have the ability to create functional security class to define what functions a user has access to and assign such security classes to individual users or a group of individuals.

iii. The system shall have the ability to allow data to be backed up the daily to ensure recoverability in the event of data corruption or hardware failure. It is understood this is not the contractors’ responsibility but it should be able to set up the Microsoft SQL (or equivalent) backup jobs.

s. Deployment:

The system shall be deployable in order to operate on EDA deployable server acquired in 2014 – Windows environment - which may be limited to a single physical server with multiple virtualised environments like AD, SQL Server, etc. operating disconnected from the primary EDA network. Data captured during deployments shall be able to be migrated/merged into the installed system post deployment.

t. Upgrades and future growth:

xviii. The data structure of the system shall be supplied in delivered documentation allowing for future integration/reports/data export without direct involvement of the contractor.

xix. Third party GPS tracking solution: within the system there will be a function that can be used to store the repository of GPS tracking data of flights for future access.

1.2. REQUIREMENTS FOR THE ANCILLARY SERVICES

1.2.1. Installation, Configuration, training and post implementation review:

a. Requirements:

i. Installation

In this phase the Contractor shall, with the support of EDA, implement the configuration of the Software. The infrastructure, software and network together will form an important part of the Software as a real time enterprise solution.EDA will be responsible for procuring, licensing and maintaining server hardware, network infrastructure and pre-requisite software. All associated maintenance plans, software licencing for Server operating systems and SQL database systems and all network infrastructure requirements will be provided by EDA.The Contractor will be provided - if required - remote access to the Software servers to manage the installation, configuration and support of the Software for the life of the contract. This remote access will include any Test, Production and Support environments.The installation shall be done on two Sites. Site 1 consists of a mobile server located on the premises of EDA in Brussels. Site 2 consists of a non-mobile server located on the premises of EATC in Eindhoven.EDA will ensure that network availability, speed and traffic from the workstations on EDA Site to all servers are compliant with the following software environment:

✓ Operating System: Windows 2008 Server R2✓ Script Runtime: 5.6✓ Min CPU: QUAD Core2✓ Min RAM: 8 GB✓ ADO: 2.7✓ Min HDD: 100 GB RAID✓ Software: Microsoft SQL Server 2008 R2 with Reporting

Services, Microsoft Office 2003+, Internet Explorer 8, Microsoft .NET v4.0

✓ Network Card: Full Duplex Server Network Interface Card

The EATC will ensure that network availability, speed and traffic from the workstations on the EATC Site to all servers are compliant with the same software environment.

ii. Configuration:

The Contractor shall ensure that the proposed system specifications are adequate to meet all the functional and performance requirements. In the event that there are conflicts between the specifications and

functional/performance requirements listed in this document, the latter shall take precedence. If in doubt, the Contractor shall clarify with EDA in writing. If the proposed system specifications are subsequently found inadequate to meet the functional/performance requirements, the Contractor shall improve the specifications at its own cost until all the functional/performance requirements are met.

For the implementation of the system, the Contractor shall conduct the following reviews and acceptance tests:

✓ Business Process Analysis and Review (BPRR):

In this phase the Contractor shall, with the support of EDA, undertake investigation and analysis to determine the most appropriate configuration of the Supplies. The Contractor will conduct workshop sessions with the AHWG O&T to understand current business process, discuss configuration sheets and curriculum/syllabi, clarify the Software configuration, present configuration and complete a Functional Gap Analysis (FGA) document. The Functional Gap Analysis document is to be used as the basis for testing and acceptance. The Contractor may propose functionalities in addition to those listed under Section 1, as well as the possible integration with other products.

✓ Program Management Review (PMR):

The Contractor or the AHWG O&T shall initiate a PMR, whenever any party deems that it is necessary and upon mutual agreement, to conduct a meeting to discuss any issues which would potentially impact the successful execution of the program.

iii. Post implementation review and on site acceptance tests:

The Contractor shall conduct a return visit within 30 calendar days after the implementation of each Site to provide support to super-users and conduct a configuration health check, followed by on site acceptance tests. The contractor will provide an overview of completion criteria elements that will be required to be completed for acceptance of the software.

The Contractor shall, conduct scenario based testing against the requirements identified in the FGA document. The Pass/Fail criteria for each scenario will be based on the Contractor being able to demonstrate the applicable scenario. The existence of errors or bugs that prevent the Contractor from demonstrating the complete scenario with no available workaround shall be deemed as a failure. The existence of minor errors that do not stop the Contractor from demonstrating the complete scenario will be deemed as a pass, but errors will be logged by the Contractor for resolution.

b. Deliverables:

i. Installation pack and associated reportsii. The configured software, together with functional and searchable on-

line help file accessible from within the software, as well as the full technical documentation

iii. Post implementation review, including acceptance tests, and associated reports.

c. Delivery schedule:

T: date of signature of the specific contract under which this service is ordered.

T+ 2 weeks: date of completion of the installation

T+ 6 weeks: date of completion of the configuration

T+ 10 weeks: date of completion of the post implementation review and the

acceptance

1.2.2. Preventive and corrective maintenance

a. The maintenance shall be inclusive of any upgrades of the Software, including possible need for re-configuration and installation, at no additional cost.

b. The contractor shall provide all necessary maintenance in exchange for a fixed all inclusive annual price.

1.2.3. Off-site support and on-site support

a. EDA may require off-site and/or on-site technical support or operational support.

b. Technical support may pertain to for instance the support to setup, configure, install, manage, diagnose and rectify problems, and return the system on deployed courses or exercises.

c. Operations support may pertain to for instance the support to the Exercise/Course Management, Plans and Operations staff in operating the system. This may include but may not be limited to advice for system best practice, key data entry, configuration and manipulation, reporting and on-site training. Such training may be for the benefit of super-users (data entry agents) and/or end-users, for which the deliverables will be the training sessions and training material.

d. On an annual basis, EDA may order an estimated maximum number of person-days for on-site support. Only the number of person-days for which on an ad hoc basis EDA requested on-site support and which were actually consumed can be invoiced at the end of the specific contract. The invoice shall be accompanied by a detailed overview of the dates and times, together with a description of the support provided.

e. On an annual basis, EDA may order an estimated maximum number of hours for off-site support. Only the number of hours for which on an ad hoc basis EDA requested off-site support and which were actually consumed can be

invoiced at the end of the specific contract. The invoice shall be accompanied by a detailed overview of the dates and times, together with a description of the support provided.

2. Contractual conditions

2.2. CONTRACTUAL CONDITIONS

2.1. NATURE OF THE CONTRACT

EDA reserves the right to conclude the contract in the form of a framework contract, particularly in cases where the exact quantities and the precise timing of delivery or execution cannot be specified in advance. A framework contract places reciprocal obligations on both parties with regard to those elements which are unalterably and unequivocally established when the contract is concluded, such as price, subject, basic performance conditions and duration.

2.2. STARTING DATE OF THE CONTRACT AND DURATION OF THE TASKS

The contract shall enter into force on the date on which it is signed by the last contracting party.

It is expected to be signed in the first quarter of 2015.

The framework contract will be concluded for an initial duration of two years, renewable once under the same terms and conditions for another two years.

The execution of the tasks may not start before the framework contract and the first specific contract have been signed. The period of execution of the tasks may be extended, only with the written agreement of the contracting parties, before the end of the period originally stated in the contract.

2.3. ESTIMATED MAXIMUM VALUE OF THE CONTRACT

The estimated maximum value of the framework contract for its entire duration, including all possible renewals is 180 000 EUR.

2.4. TERMS OF PAYMENT – IMPLEMENTATION OF THE CONTRACT

Payments shall be made in accordance with Articles I.3, I.4 & II.14 of the draft contract (Annex 4.2.1).

The payment of 100% will be made on the acceptance of the corresponding deliverables ordered under a given specific contract or order form.

2.5. PLACE OF PERFORMANCE

The place of performance of the tasks shall be the Contractor's premises or any other place indicated in the tender, with the exception of EDA's premises.

2.6. SUBCONTRACTING

Subcontracting is defined as the situation where a contract has been or is to be established between EDA and a contractor and where the contractor, in order to carry out that contract, enters into legal commitments with other legal entities for performing part of the service. However, EDA has no direct legal commitment with the subcontractor(s).


At the level of the liability towards EDA, tasks provided for in the contract may be entrusted to subcontractors, but the contractor retains full liability towards EDA for performance of the contract as a whole.

Accordingly:

EDA will treat all contractual matters (e.g. payments) exclusively with the contractor, whether or not the tasks are performed by a subcontractor;

EDA will privilege direct contacts with the contractor, who is responsible for executing the contract;

Under no circumstances can the contractor avoid liability towards EDA on the grounds that the subcontractor is at fault. The contractor remains notably fully responsible for timely execution.

A contract which includes subcontracting is subject to certain general conditions in particular the provisions on subcontracting, checks and audits, and confidentiality. Where justified by the subject matter of the contract, a statement of confidentiality may be required to be submitted to EDA. The subcontracting arrangement between the contractor and his subcontractor is supposed to render directly applicable all those contractual obligations with regard to EDA to the subcontractor.

Consequently, the tender shall clearly identify the subcontractor(s) and document their willingness to accept the tasks and their acceptance of the terms and conditions set out in paragraph 3.3.1, in particular article II.18 of the standard service contract by returning the form in annex 4.3.4, filled in and signed.

Tenderers shall inform the subcontractor(s) and include in their sub-contracting documents that Article II.18 of the standard service contract (Annex 4.2.1) may be applied to sub-contractors.

Once the contract has been signed, Article II.7 of the above-mentioned service contract shall govern the subcontracting.

2.7. JOINT TENDERS

A joint tender is a situation where an tender is submitted by a group of tenderers. If awarded the contract, the tenderers of the group will have an equal standing towards EDA in executing a supply, service or works contract.

EDA will not request consortia to have a given legal form in order to be allowed to submit a tender, but reserves the right to require a consortium to adopt a given legal form before the contract is signed if this change is necessary for proper performance of the contract. This can take the form of an entity with or without legal personality but offering sufficient protection of EDA’s contractual interests (depending on the Member State concerned, this may be, for example, a consortium or a temporary association).

Grouping of firms shall nominate one party to be responsible for the receipt and processing of payments for members of the grouping, for managing the service administration, and for coordination. The documents required and listed in the present specifications shall be supplied by every member of the grouping, the checklist in annex


4.3.1 will help verifying the level of information to be provided according to the role of each entity in the tender.

Each member of the grouping assumes a joint and several liability towards EDA.

The tender has to be signed by all members of the group. However, if the members of the group so desire they may grant an authorisation to one of the members of the grouping. In this case they should attach to the tender a power of attorney (see model in annex 4.3.5). For groupings not having formed a common legal entity, model 1 should be used, and for groupings with a legal entity in place model 2.

The contract will have to be signed by all members of the group. If the members of the group so desire, they may grant authorisation to one of the members of the grouping by signing a power of attorney. The same model as above duly signed and returned together with the tender (see annex 4.3.5) is valid also for signature of the contract.

Partners in a joint tender assume joint and several liability towards EDA for the performance of the contract as a whole.

Statements, saying for instance: “that one of the partners of the joint tender will be responsible for part of the contract and another one for the rest”, or “that more than one contract should be signed if the joint tender is successful”, are thus incompatible with the principle of joint and several liability. EDA will disregard any such statement contained in a joint tender, and reserves the right to reject such tenders without further evaluation, on the grounds that they do not comply with the tendering specifications.

An economic operator can only participate once as a tenderer, whether as single tenderer, lead organisation in a consortium/joint tender or partner in a consortium. The economic operator may however agree to act as a subcontractor in a distinct tender from which it is participating as either of the aforementioned options. However, such a situation is not advisable for the high potential of conflicts of interest it may generate.

3.3. THE PROCUREMENT PROCEDURE:

3.1. GENERAL

3.1.1. The Contracting Authority

The European Defence Agency3 (hereinafter “EDA” or “the Agency”) ´s mission is "to support the Council and the Member States in their effort to improve the EU’s defence capabilities in the field of crisis management and to sustain the CSDP as it stands now and develops in the future.”

The European Defence Agency, within the overall mission set out in the Agency’s constituent act, is ascribed four functions, covering:

developing defence capabilities;

promoting Defence Research and Technology (R&T);

promoting armaments co-operation;

creating a competitive European Defence Equipment Market and strengthening the European Defence Technological and Industrial Base/EDTIB.

All these functions relate to improving Europe's defence performance, by promoting coherence. A more integrated approach to capability development will contribute to better-defined future requirements on which collaborations - in armaments or R&T or the operational domain - can be built. More collaboration will, in turn, provide opportunities for industrial restructuring and progress towards the continental-scale demand and market, which industry needs.

Further information can be found on the Agency’s web site at:

https://www.eda.europa.eu

3.1.2. Access to procurement procedures of EDA

Participation in procurement procedures of the EDA, as Contracting Authority, is open on equal terms, in accordance with the applicable rules4, to all natural and legal persons from one of the EU Member States and to all natural and legal persons in a third country which has a special agreement with the European Union in the field of public procurement on the conditions laid down in that agreement. Operators in third countries which have signed a bilateral or multilateral agreement with the European Union in the field of public procurement shall be allowed to take part in the tendering procedure on

3 Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP4 Title V, Financial Regulation applicable to the general budget of the European Union (Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002), as well as its Rules of Application (Commission Delegated Regulation (EU) No 1268/2012of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union); The Protocol on the Privileges and Immunities or, where appropriate, the Vienna Convention of 24 April 1963 on Consular Relations

https://www.eda.europa.eu/

the conditions laid down in this agreement. EDA refuses tenders submitted by operators in third countries which have not signed such agreements for the present call for tender.

3.1.3. Contacts between the tenderers and EDA

Contacts between EDA and the tenderers before the final date for submission of tenders may take place only in exceptional circumstances and under the following conditions only:

EDA may, on its own initiative, inform interested parties of any error, inaccuracy, omission or other clerical error in the text of the call for tenders.

This information will be published solely via e-tendering, at the internet address indicated in the contract notice and repeated below :

http://www.eda.europa.eu/procurement-gateway/opportunites/eda-procurement

Potential tenderers may request clarifications with regard to the tender documents and the nature of the contract.

The requests for additional information may be made by e-mail exclusively to the dedicated functional mailbox indicated below :

[email protected]

Insofar as it has been requested in good time, the additional information will be made available to all economic operators interested in this call and logged in e-tendering as soon as possible and no later than six calendar days before the final date for the receipt of tenders or, in the case of requests for information received less than eight calendar days before the final date for the receipt of tenders, as soon as possible after the request for information has been received.

Potential tenderers are encouraged to formulate, at least six calendar days before the time limit to submit tenders, any remark, complaint or objection they would have in relation to all aspects of this call for tender in order that EDA can evaluate the need for corrective measures and implement them before the submission of tenders.

The answers to the requests for additional information will be made available solely via e-tendering at the address indicated in the contract notice and repeated below :


Contracting authorities are not bound to reply to requests for additional information made less than five working days before the deadline for submission of tenders.


mailto:[email protected]


3.2. PREPARATION OF THE TENDER

3.2.1. Content of the tender

All tenders shall be structured in three parts:

Part one: Administrative Proposal

Part two: Technical Proposal

Part three: Financial Proposal

3.2.2. Part One: Administrative Proposal

Administrative documentation

Tenderers may choose between presenting a joint tender (see 2.7) and introducing a tender as a sole contractor, in both cases with the possibility of having one or several subcontractors (see 2.6).

Whichever type of tender is chosen, the tender shall stipulate the legal status and role of each legal entity in the tender proposed and the monitoring arrangements that exist between them and, failing this, the arrangement they foresee to establish if they are awarded the contract (see 2.6 and 2.7).a) To identify himself the tenderer shall fill in a Legal Entity Form and a Financial Identification Form:

The Legal Entity Form is to be signed by a representative of the tenderer authorised to sign contracts with third parties.

The form is available for individuals, private entities and public entities at the following address :

http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm

The Legal Entity Form shall be accompanied by all the information indicated in the form. When neither this form nor the evidence to be attached to them includes the following information, the tender shall include:

For private and public entities:

a legible copy of the notice of appointment of the persons authorised to represent the tenderer in dealings with third parties and in legal proceedings, or a copy of the publication of such appointment if the legislation which applies to the legal entity concerned requires such publication. Any delegation of this authorisation to another representative not indicated in the official appointment shall be evidenced.

For Individuals:



Where applicable, a proof of registration, as prescribed in their country of establishment, on one of the professional or trade registers or any other official document showing the registration number.

The Financial identification form shall be duly filled in and signed by an authorised representative of the tenderer and his or her banker. A specific form for each official language is available at the following Internet address:

http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_fr.cfm

b) The tender shall include a statement confirming the validity of the tender (preferably in blue ink) signed by the authorised representative.

c) The tender shall indicated the name of a contact person in relation to the submission of the tender.

All tenderers, as part of a consortium or a joint tender if applicable, shall provide their legal entity files as well as the necessary evidence. Only subcontractors are requested to provide solely the legal entity file without evidence.

Economic operators already registered as a legal entity in EDA’s files (i.e. they are or have been contractors of EDA) are not obliged to provide the evidence requested in the form, on condition they indicate in their tender the references of the procurement procedure for which this evidence was already provided.

In case of a joint tender or a tender presenting subcontracting, only the co-ordinator is obliged to return the financial identification form.

The Exclusion Criteria documentation

Tenderers or their representatives shall provide a declaration on their honour, duly signed and dated in which they:

- state whether or not they are in one or more of the situations referred to in Articles 106 and 107 of the Financial Regulation and detailed in the form;

- undertake to submit to EDA any additional document relating to the exclusion criteria, that EDA considers necessary to perform its checks, within seven calendar days following the receipt of EDA's request.

To this end, tenderers shall fill in and sign the form in Annex 4.3.2 to these specifications.

Where the tender involves more than one legal entity (including subcontractors), each entity shall provide the form.

Any total or partial omission for which one or more legal entities involved in the tender are responsible may lead EDA to exclude the tender from the procedure, in accordance

with Articles 106 and107 of the Financial Regulation.



The Selection Criteria documentation

Tenderers shall provide proof of their economic and financial capacity by submitting the documents included in Annex .3.They shall equally provide proof of their professional and technical capacity by submitting the documents included in Annex and following.

Evidence of the economic and financial capacity of the service provider(s)

All tenderers shall provide proof of their economic and financial capacity by submitting the following documents:

A full copy of the concerned legal entities’ annual accounts (balance sheet, profit and loss account, notes on the accounts and auditors' remarks when applicable) of the last two years, as approved by the general assembly of the company and, where applicable, audited and/or published. These documents shall be signed by the authorised representative of the tenderer;

If, for some exceptional reason which EDA considers justified, a tenderer is unable to provide one or other of the above documents, he or she may prove his or her economic and financial capacity by any other document which EDA considers appropriate. In any case, EDA shall at least be notified of the exceptional reason and its justification in the tender. EDA reserves the right to request any other document enabling it to verify the tenderer's economic and financial capacity.

EDA may waive the obligation of a tenderer to submit the documentary evidence referred to in paragraph 1 if such evidence has already been submitted to it for the purposes of another procurement procedure and provided that it complies with the requirements of the present call for tenders.. In such a case, the tenderer shall indicate in the tender reference to the contract for which the evidence has been provided, in order to allow EDA services to check this evidence.

Evidence of the technical and professional capacity of the service provider(s)

The ability of service providers to perform services will be assessed in particular with regard to their know-how, efficiency, experience and reliability as specified below..

Evidence of the technical and professional capacity of the providers involved in the tender may be furnished on the basis of the following documents:

o A list of the principal contracts corresponding in terms of size and scope to the services of the present call for tenders;

o Information on which parts or tasks of the assignment will be assumed by a consortium partner or a subcontractor. The respective subcontractor or consortium partner should be specified for each part or task.

o Any other document which could demonstrate tenderer’s technical and professional capacity according to the requirements set in this section;

By submitting a tender, each legal entity involved therein accepts the possibility of a check being carried out by EDA on its technical capacities and, if necessary, on its research facilities and quality control measures.

In addition, all tenderers are informed that they may be asked to prove that they are authorised to perform the contract under national law, as evidenced by inclusion in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

3.2.3. Part two: Technical proposal

Tenderers shall include in their tenders the technical proposal addressing all aspects detailed in the technical specifications set out in section 1.

The technical proposal shall respond to these technical specifications and provide, as a minimum, all the information needed for the purpose of awarding the contract.

The following aspects should be part of the tender:

o proposal for the product

o proposal for the installation and configuration

o proposal for the post implementation review

o proposal for the maintenance

o proposal for the on-site and off-site support

The technical specifications and the tenderer’s tender shall be integral parts of the contract and will constitute annexes to the contract.

3.2.4. Part three: Financial proposal

Tenderers shall use the annexed model financial proposal form to formulate their financial proposal.

The tenderer's attention is drawn to the following points:

prices shall be expressed in euros;

prices should be quoted free of all duties, taxes and other charges, i.e. also free of VAT. The European Union Institutions are exempt from such charges in the EU under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union of 8 April 1965 (OJ 152 of 13 July 1967). Exemption is granted to EDA by the governments of the Member States, either through refunds upon presentation of documentary evidence or by direct exemption.

For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT is to be shown separately. In case of doubt about the applicable VAT system, it is the tenderer's responsibility to contact his or her

national authorities to clarify the way in which the European Union is exempt from VAT;

Prices shall not be conditional and be directly applicable by following the technical specifications.

Prices shall be fixed and not subject to revision

The reference price for the award of the contract shall consist of the amount in payment of the tasks executed, as stated in Article I.3.1 of the contract. In any case, this amount constitutes the maximum amount payable for the supplies and services performed.

EDA will reject tenders where no technical proposals or financial proposals are proposed. Non-conformity with the technical specifications in section 1.1 will also result in rejection from award. EDA reserves the right, however, to request clarification or additional evidence in relation to the exclusion and selection stages after the opening within a time-limit stipulated in its request and in the conditions explained in section 3.4.

Tenders should elaborate on all points addressed by these specifications in order to score as many points as possible. The mere repetition of mandatory requirements set out in these specifications, without going into details or without giving any added value, will only result in a very low score. In addition, if certain essential points of these specifications are not expressively covered by the tender, EDA may decide to give a zero mark for the relevant qualitative award criteria.

3.2.5. Form of the tender

Tenders shall be perfectly legible so that there can be no doubt as to words and figures.

Tenders shall be clear and concise, with continuous page numbering, and assembled in a coherent fashion (e.g. bound or stapled, etc.).

Tenders shall be written in one of the official languages of the European Union.

Tenders shall include all the information and documents requested by EDA in order to assess the tender. In order to help tenderers presenting a complete tender, a checklist of the documents to submit is provided in annex 4.3.1. This checklist does not need to be included in the tender but we encourage to use it in order to ease the assessment of the tenders;

Prices shall be established in euros.

The tender shall be prepared, in triplicate, under double sealed cover.

The inner envelope should be addressed to the department indicated in 3.3.2 and marked "Call for tenders 14.CPS.OP.131" and "Not to be opened by the internal mail service". The inner envelope shall also contain an electronic copy of the tender on a USB key.

If self-adhesive envelopes are used, they shall be sealed with adhesive tape and the tenderer shall sign across the tape.

Tenders shall be drawn up following the instructions and using the model forms in these specifications.

3.3. SUBMISSION OF THE TENDER

3.3.1. Substantial conditions for the submission of tenders

Submission of a tender implies acceptance of the terms and conditions set out in this invitation to tender, in the tendering specifications and in the draft contract and, where appropriate, waiver of the tenderer's own general or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract.

EDA shall not reimburse expenses incurred in preparing and submitting tenders.

Variants are not allowed.

The tender shall remain valid for a period of 6 months following the final date for submitting tenders (see in 1. above). During this period, the tenderer may not modify the terms of his tender in any respect.

3.3.2. Formal conditions for the submission of tenders

The deadline for submission of tenders is :

16/02/201517h00

Tenders may be:

either sent by registered mail, (date of postmark serving as evidence of timely delivery); to the following address:

European Defence Agency (EDA)Contracting Unit

Call for tenders: 14.CPS.OP.131Rue des Drapiers 17-23

B-1050 Brussels, Belgium

or sent by courier services (date of deposit slip serving as evidence of timely delivery), to the address below,

or delivered by hand, in person or by an authorised representative (date of acknowledgement of receipt by the European Defence Agency serving as evidence of timely delivery) to the following address:

European Defence Agency (EDA)Contracting Unit

Rue des Drapiers 17-23B-1050 Brussels, Belgium

In case of hand-delivery, a receipt shall be obtained as proof of submission, signed and dated by the official in the European Defence Agency’s mail department who took delivery. This department is open from 08.00 to 17.00 from Monday to Thursday and from 08.00 to 16.00 on Friday; it is closed on Saturdays, Sundays and EDA holidays.

3.4. OPENING OF THE TENDERS

3.4.1. Opening Session

Tenders will be opened at 11.00 Brussels time on 23/02/2015.

at the following location:

European Defence Agency (EDA)Rue des Drapiers 17-23

B-1050 Brussels, Belgium

An authorised representative of each tenderer may attend the opening of the tenders. Companies wishing to attend are requested to notify their intention by sending e-mail to [email protected] at least 48 hours in advance. This notification shall be signed by an authorised officer of the tenderer and specify the name of the person who will attend the opening of the tenders on the tenderer's behalf.

Evidence of timely submission by post or courier service will be constituted by the date of dispatch, the postmark or the date of the deposit slip. In the case of hand-delivery, the signed and dated receipt will serve as evidence.

Late delivery will lead to the non admissibility of the tender and its rejection from the award procedure for this contract. Tenders sent by e-mail or by fax will also be non admissible. Envelopes found open at the opening session will also lead to non admissibility of the tender. Consequently, tenderers shall ensure that their tenders are packed in such a way as to prevent any accidental opening during its mailing.

3.4.2. Processing of tenders

Protection of confidential information

Once EDA has accepted the tender, it shall become the property of EDA and EDA shall treat it confidentially.

Protection of personal information

If processing your reply to the invitation to tender involves the recording and processing of personal data (such as your name, address and CV), such data will be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless indicated otherwise, your replies to the questions and any personal data requested are required to evaluate your tender in accordance with the specifications of the invitation to tender and will be processed solely for that purpose by the Head of Unit of the Contracting Unit of EDA. Details concerning processing of your personal data are available on the privacy statement at the page:

http://www.eda.europa.eu/docs/default-source/procurement/privacy-statement.pdf

http://www.eda.europa.eu/docs/default-source/procurement/privacy-statement.pdf

mailto:[email protected]

You are informed that for the purposes of safeguarding the financial interest of the Union, your personal data may be transferred to internal audit services, to the College of Auditors, to the Financial Irregularities Panel and/or to the European Anti-Fraud Office (OLAF).

Data of economic operators which are in one of the situations referred to in Articles 106, 107, 109(1)(b) and 109(2)(a) of the Financial Regulation5 may be included in a central database and communicated to the designated persons of EDA, other institutions, agencies, authorities and bodies mentioned in Article 108(1) and (2) of the Financial Regulation. This refers as well to the persons with powers of representation, decision making or control over the said economic operators. Any party entered into the database has the right to be informed of the data concerning it, up on request to the accounting officer of EDA.

Protection of EU classified information

In the general implementation of its activities and for the processing of procurement procedures in particular, EDA complies with the Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information.

For this specific procedure, the following classification applies: UNCLASSIFIED.Where applicable, relevant provisions are also included in the Security Aspects Letter (SAL) appended in Annex 4.2

Correction or clarification of information

After the opening of tenders, if clarification is requested or if obvious clerical errors in

the tender need to be corrected, the contracting authority may contact the tenderer

provided the terms of the tender are not modified as a result.

3.5. EVALUATION OF TENDERS

The assessment will be based on the information provided in the tender. EDA reserves the right to use any other information from public or specialist sources.

This assessment will be performed by applying the criteria set out in these specifications. To award the contract, the assessment of admissible tenders will be carried out in three successive stages. Only tenders meeting the requirements of one stage will be examined in the next stage.

The aim of each of these stages is:

1) to check, in the first stage (exclusion criteria), whether tenderers can take part in the tendering procedure and, where applicable, be awarded the contract;

5 Council Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union

2) to check, in the second stage (selection criteria), the technical and professional capacity and economic and financial capacity of each tenderer who has passed the exclusion stage;

3) to assess on the basis of the award criteria the technical and financial tenders and establish a ranking list, by order of merit, of all tenders having passed the exclusion and selection stages, as well as the quality thresholds set for the assessment of the award criteria.

3.5.1. Stage 1 – application of exclusion criteria and exclusion of tenderers

In accordance with Articles 106 and 107 of the Financial Regulation, tenderers shall be excluded from the selection and award procedures if they do not satisfy criteria a) to f) specified in the standard form in annex 4.3.2.

If a tenderer is a legal person, criterion b) and criterion e) specified in the standard form in annex 4.1. apply not only to the tenderer, but to also to the natural persons having power of representation, decision-making or control over this legal entity.

In addition, contracts may not be awarded to tenderers who, during the procurement procedure are subject to a conflict of interest (criterion g) or are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information (criterion f) or fall into one of the situations as specified under criteria a) to f).

If a member of a consortium is subject to exclusion, the rest of the consortium shall be excluded.

If a subcontractor is subject to exclusion, the tender shall be excluded.

By returning the form in Annex 4.3.2, duly signed, tenderers confirm that they have been notified of the following points:

Administrative or financial penalties may be imposed by EDA on tenderers who are in one of the cases of exclusion after they have been given the opportunity to present their observations.

These penalties are detailed in Article 109 of the Financial Regulation (EU, Euratom) 966/2012 and Article 145 of the Rules of Application of the Financial Regulation. We invite tenderers to read carefully these two articles.

3.5.2. Stage 2 - application of selection criteria (selection of tenderers)

This part of the tender concerns the criteria and evidence relating to the technical and professional capacity and economic and financial capacity of the service provider(s) involved in the tender. It should also contain any other document that the tenderer(s) wish(es) to include by way of clarification.

An economic operator may rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. In that case, evidence shall be provided that it will have at its disposal the resources necessary for performance of the contract, for example by producing a clear undertaking on the part of those entities to place those resources at its disposal.

If the economic and financial selection criteria are fulfilled by relying on a third party, the contracting authority may demand, if that tender wins the contract, that this third party signs the contract (becomes a contractor) or, alternatively, provides a joint and several first-call guarantee.

If the third party chooses to sign the contract, the contracting authority should ensure that it is not in exclusion situation and it has access to the market.

If several service providers are involved in the tender, each of them shall have the professional and technical capacity to perform the tasks assigned to them in the tender and the necessary economic and financial capacity.

This rule applies to all legal entities once they have chosen to be tenderers. If the tender includes subcontractors, EDA reserves the right to request evidence of their economic and financial capacity if the tasks subcontracted represent a substantial part of the contract.

SELECTION CRITERIA

1. FINANCIAL AND ECONOMIC CAPACITY

1.1 Sufficient economic and financial capacity to guarantee continuous and satisfactory performance throughout the envisaged lifetime of the contract.

Minimum standard:

A minimum average annual turnover of 100 000 EUR for the past three financial years.

2. TECHNICAL AND PROFESSIONAL CAPACITY

2.1 Sufficient technical and professional capacity to perform the contract

Minimum standard:

A minimum of three successfully performed contracts with public entities for the provision of supplies and services that are similar to those that are subject of the present contract.

These criteria will be assessed on the basis of the documents referred to in Annex 4.3.3 and following.

3.5.3. Stage 3 - application of award criteria (assessment of tenders)

The contract will be awarded to the most cost-effective tender. The following award criteria will be applied:

No Qualitative award criteria Weighting

(maximum points)

1. Quality of the proposal for the product 50

2. Quality of the proposal for the installation 5

3. Quality of the proposal for the configuration 20

4. Quality of the proposal for the post implementation review

10

5. Quality of the proposal for the maintenance 5

6. Quality of the proposal for the on-site and off-site support

10

Total technical quality score 100

The selected tender is assessed according to the above qualitative award criteria and the weighting applicable to each criterion.

Tenders scoring

* less than 70 % in the overall points total or

* less than 50% in the points awarded for a single criterion

will be excluded from the rest of the assessment procedure.

Financial Award criterion

Total financial score: Price of the lowest admissible tender * 100

Price of your tender

Tenders presenting a total price superior to the maximum amount of 180 000 € will be excluded from the rest of the assessment procedure.

The contract will be awarded to the tender which is the most cost-effective (offers the best value for money) on the basis of the ratio between the total points scored and the price.

Final Evaluation

Technical quality score*0.6 + Financial score*0.4

3.6. AWARD OF THE CONTRACT

3.6.1. Award and notification

The procurement procedure is concluded by a contract signed by the parties. In this case, the General Terms and Conditions applicable to service contracts referred to above shall apply.

This invitation to tender is in no way binding on EDA. EDA’s contractual obligation commences only upon signature of the contract with the successful tenderer.

Up to the point of signature, the contracting authority may either abandon the procurement or cancel the award procedure. This decision shall be substantiated and the tenderers notified.

No compensation may be claimed by tenderers whose tender has not been accepted, including when EDA decides not to award the contract.

EDA will inform tenderers of decisions reached concerning the award of the contract, including the grounds for any decision not to award a contract or to recommence the procedure.

If a written request is received, EDA will inform all rejected tenderers of the reasons for their rejection and all tenderers submitting an admissible tender of the characteristics and relative advantages of the selected tender and the name of the successful tenderer.

However, certain information may be withheld where its release would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.

After the period of validity of the tender has expired, conclusion of the contract shall be subject to the tenderer's agreement in writing.

EDA shall not sign the contract or framework contract with the successful tenderer until a standstill period of 10 calendar days has elapsed, counting from the day after simultaneous dispatch of the notification by electronic means to all tenderers (successful and unsuccessful).

3.6.2. Evidence on exclusion criteria

After the award, during standstill period, EDA will request to the tenderer proposed for award the evidence on exclusion criteria. If this evidence was not provided or proved to be unsatisfactory EDA reserves the right to cancel the award procedure or to change the award decision to the benefit of the next best ranked tenderer on condition that he satisfies with the provision of the evidence on exclusion.

The tenderer to whom the contract is to be awarded shall provide, within the 15 days following the receipt of the letter informing him of the proposed award of the contract and preceding the signature of the contract, the following evidence confirming the declaration referred to below.

EDA shall accept as satisfactory evidence that the tenderer to whom the contract is to be awarded is not in one of the situations described in point (a), (b) or (e) of Article 106 (1) of the Financial Regulation, a recent extract from the judicial record or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied;

EDA shall accept, as satisfactory evidence that the tenderer is not in the situation described in point (d) of Article 106 (1) of the Financial Regulation, a recent certificate issued by the competent authority of the State.

Where the document or certificate referred to in paragraph 1 & 2 is not issued in the country concerned and for the other cases of exclusion referred to in Article 106 of the Financial Regulation, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance.

Depending on the national legislation of the country in which the tenderer is established, the documents referred to in paragraphs 1, 2, 3 shall relate to legal persons and/or natural persons including, where necessary, company directors or any person with power of representation, decision-making or control in relation to the tenderer. This would be the case when the national legislation concerned gives juridical responsibility of the acts committed by a legal entity (moral persons) to their legal representatives. The tenderer shall provide information on the ownership or on the management, control and power of representation of the legal entity whenever necessary for the proper understanding of the evidence submitted or whenever EDA requests it.

Where they have doubts as to whether tenderers are in one of the situations of exclusion, EDA may itself apply to the competent authorities referred to in paragraph 3 to obtain any information they consider necessary about that situation.

EDA may waive the obligation of a tenderer to submit the documentary evidence referred to in paragraphs 1 and 2 if such evidence has already been submitted to it for the purposes of another procurement procedure and provided that the issuing date of the documents does not exceed one year and that they are still valid. In such a case, the tenderer shall declare on his honour that the documentary evidence has already been provided to EDA in a previous procurement procedure and confirm that no changes in his situation have occurred. He shall indicate in its tender all the references necessary to allow EDA services to check this evidence.

4.4. ANNEXES

ANNEXES

4.1. TECHNICAL DOCUMENTATION (WHERE APPLICABLE)

4.2. CONTRACTUAL DOCUMENTATION

4.2.1. Draft contract and Security Aspects letter (SAL)

4.2.2. Model Guarantee

[MODEL] LETTER FOR PRE-FINANCING FIRST DEMAND GUARANTEE6

[Financial institution/Bank (Letterhead)][Place/Date]

European Defence Agency

Reference: Contract [N° and exact title]

ARTICLE 1 – DECLARATION ON GUARANTEE, AMOUNT AND PURPOSE

We, the undersigned [name and address of the financial institution or bank] (hereinafter referred to as "the Guarantor") hereby confirm that we give the European Union, represented by the European Commission (hereinafter referred to as "EDA"), an unconditional, irrevocable and independent first-demand guarantee consisting in the undertaking to pay to EDA a sum equivalent to the amount of:

EUR [in figures: …] (in words: … EUR)

upon simple demand, for guarantee of the pre-financing(s) stipulated in the contract (N°/exact title, hereinafter referred to as the "contract") concluded between EDA and [name and address], (hereinafter referred to as "the Contractor").

ARTICLE 2 – EXECUTION OF GUARANTEE

If EDA gives notice that the Contractor has for any reason failed to reimburse pre-financings paid by EDA, we, acting by order and for account of the Contractor, shall undertake to immediately pay up to the above amount, in EUR, without exception or objection, into [Option 1: a bank account designated by EDA] [Option 2: the following bank account: (…)], on receipt of the first written request from EDA sent by registered letter or by courier with acknowledgement of receipt. We shall inform EDA in writing as soon as the payment has been made.

ARTICLE 3 – OBLIGATIONS OF THE GUARANTOR

1. We waive the right to require exhaustion of remedies against the Contractor, any right to withhold performance, any right of retention, any right of avoidance, any right to offset, and the right to assert any other claims which the Contractor may have against EDA under the contract or in connection with it or on any other grounds.

2. Our obligations under this guarantee shall not be affected by any arrangements or agreements made by EDA with the Contractor which may concern his obligations under the contract.

3. We shall undertake to immediately inform EDA in writing, by registered letter or by courier with acknowledgement of receipt, in the event of a change of our legal status, ownership or address.

ARTICLE 4 – DATE OF ENTRY INTO FORCE

6 The footnotes are internal instructions for the authorising officers only and shall be deleted before the guarantee is signed. [Plain text]: items to be filled in. [Text in italics]: these items are optional and may be deleted depending on the context of the guarantee.

This guarantee shall come into force upon its signature. If, on the date of its signature, the [first] pre-financing has not been paid to the Contractor, this guarantee shall enter into force on the date on which the Contractor receives the [first] pre-financing.

ARTICLE 5 – END DATE AND CONDITIONS OF RELEASE

1. We may be released from this guarantee only with EDA’s written consent.

2. This guarantee shall expire on return of this original document by EDA to our offices by registered letter or by courier with acknowledgement of receipt.

3. [Option 1: This shall occur at the latest one month after the payment of the balance under the contract has been made or three months after the issuance of the corresponding recovery order.7]

[Option 2: This shall occur at the latest during the month after the pre-financing under the contract has been cleared through interim payment[s].]

[Option 3: This shall occur in any case, at the latest, on (indicate a precise date8).]

4. After expiry, this guarantee shall become automatically null and void and no claim relating thereto shall be receivable for any reason whatsoever.

ARTICLE 6 – APPLICABLE LAW AND COMPETENT JURISDICTION

Option 1

1. This guarantee shall be governed by and construed in accordance with the law applicable to the contract.

2. The courts having jurisdiction for matters relating to the contract shall have sole jurisdiction in respect of matters relating to this guarantee.

Option 2

Any dispute concerning this guarantee shall be governed by and construed in accordance with the Law [of the country of establishment of the [Contractor][Bank]] and fall within the sole competence of the [corresponding national] Courts.

ARTICLE 7 - ASSIGNMENT

The rights arising from this guarantee may not be assigned [without our written consent].

Done at [insert place], on [insert date]

__________________ [__________________][Signature/ [Signature/Function at the Financial Institution/Bank] Function at the Financial Institution/Bank]

7 In any case, this period should never be reduced.8 This mention has to be inserted where the law applicable to the guarantee imposes a precise expiry date.

4.3. PROCEDURAL DOCUMENTATION

4.3.1. Checklist of documents to be submitted

The purpose of the table below is to facilitate the preparation of the tender by providing an overview of the documents that shall be included (marked by ) depending on the role of each economic operator in the tender (coordinator/group leader in joint tender, partner in joint tender, single contractor, main contractor, subcontractor).

Some of the documents are only relevant in cases of joint tenders or when subcontractors are involved. Additional documents might be necessary depending on the specific characteristics of each tender.

Description

Ann

exO

r

we

blin

k

Sect

ion

Coordinator

or group leader in joint tender

All partners in joint tender

Single or

Main contra

ctor

Sub- contractor

Power of attorney of partners in joint tender indicating the group leader

4.3.53 3.2.1.13.1

Letter of intent of subcontractor

4.4.3.4.4 3.2.1.13.1.1

Legal Entity Form Download the form from :


3. 3.2.1.13

.1

Supporting documents for the Legal Entity File Form

NNAA 3 3.2.1.1.

Financial Identification form

Download the form from:


2. 3.2.1.13

Exclusion Criteria form 4.3.2. 3.2.1.11

Evidence of Economic and financial capacity

NA 3.2.1.1

Evidence of Technical and professional capacity

Go to the following page to fill in the CV:

http://europass.cedefop.europa.eu/europass/preview.action?locale_id=1

3.2.1.1.1.1










The following sections shall be provided in the tender, their absence would mean rejection of the tender for incompleteness:

Description Section Coordinator or single tenderer

Technical Proposal 4

Financial Proposal 5

4.3.2. Exclusion criteria form

Declaration of honour onexclusion criteria and absence of conflict of interest

(Invitation to tender No 14.CPS.OP.131)

(Complete or delete the parts in grey italics in parenthese)[Choose options for parts in grey between square brackets]

The undersigned (insert name of the signatory of this form): in [his][her] own name (for a natural person)

or representing the following legal person: (only if the economic operator is a legal

person)full official name:official legal form:full official address:VAT registration number:

declares that [the above-mentioned legal person][he][she] is not in one of the following situations:

a) is bankrupt or being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) has been convicted of an offence concerning professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata;

c) has been guilty of grave professional misconduct proven by any means which the contracting authorities can justify including by decisions of the European Investment Bank and international organisations;

d) is not in compliance with all its obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which it is established, with those of the country of the contracting authority and those of the country where the contract is to be performed;

e) has been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such activity is detrimental to the Union's financial interests;

f) is a subject of an administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in a procurement procedure or failing to supply this information, or having been declared to be in serious breach of its obligations under contracts covered by the Union's budget.

(Only for legal persons other than Member States and local authorities, otherwise delete ) declares that the natural persons with power of representation, decision-making or control9

over the above-mentioned legal entity are not in the situations referred to in b) and e) above;

declares that [the above-mentioned legal person][he][she]:

g) has no conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinity, family, emotional life or any other shared interest;

h) will inform the contracting authority, without delay, of any situation considered a conflict of interest or which could give rise to a conflict of interest;

i) has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to award of the contract;

j) provided accurate, sincere and complete information to the contracting authority within the context of this procurement procedure ;

acknowledges that [the above-mentioned legal person][he][she] may be subject to administrative and financial penalties10 if any of the declarations or information provided prove to be false.

In case of award of contract, the following evidence shall be provided upon request and within the time limit set by the contracting authority:

For situations described in (a), (b) and (e), production of a recent extract from the judicial record is required or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. Where the tenderer is a legal person and the national legislation of the country in which the tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision making or control in relation to the tenderer.For the situation described in point (d) above, recent certificates or letters issued by the competent authorities of the State concerned are required. These documents shall provide evidence covering all taxes and social security contributions for which the tenderer is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions.For any of the situations (a), (b), (d) or (e), where any document described in two paragraphs above is not issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance.If the tenderer is a legal person, information on the natural persons with power of representation, decision making or control over the legal person shall be provided only upon request by the contracting authority.

Full name Date Signature

9 This covers the company directors, members of the management or supervisory bodies, and cases where one natural person holds a majority of shares.

10 As provided for in Article 109 of the Financial Regulation (EU, Euratom) 966/2012 and Article 145 of the Rules of Application of the Financial Regulation

4.3.3. Financial and Economic Capacity Overview Form

Financial and Economic Capacity Overview

Currency : EURO Figures (000)

N* (* most recent figures available) N-1 N-2

Total Balance Sheet

TRADE DEBTORSAmounts due by commercial customers

CAPITAL and RESERVES (Equity)Amounts owned by the company

TRADE CREDITORSAmounts due to commercial suppliers

SHORT TERM DEBT

LONG TERM DEBT

LIQUIDITYBank accounts, cash at hand

About PROFIT & LOSS

TURNOVER

ORDINARY RESULT

EXTRAORDINARY RESULT

INCOME TAX

NET RESULT

You may add any data that you would consider of vital relevance for your organisation and for the understanding of the above figures.Comments: Please explain BRIEFLY important variations from one year to another if appropriate. In case of negative equity or repeated losses, please explain how the future of the organisation will be ensured.

4.3.4. Subcontractor / Letter of Intent

147.CPS.OP.131

The undersigned: ………………………………………………………………………….

Name of the company/organisation: ………………………………………………………

Address: ……………………………………………………………………………………

Declares hereby the intention to collaborate in the execution of the tasks subject to the above call for tender, in accordance with the terms of the tender to which the present form is annexed, if the contract is awarded to … …. .

Declares hereby accepting the general conditions attached to the tendering specifications for this call for tender, and in particular art. II.18 in relation with checks and audits.

Full name Date Signature............................................................................................................................................

4.3.5. Power of Attorney

POWER OF ATTORNEY – MODEL 1

Agreement / Power of Attorney(DESIGNATING ONE OF THE COMPANIES OF THE GROUP AS LEADER AND

GIVING A MANDATE TO IT)

We the undersigned:

– Signatory 1 (Name, Function, Company, Registered address, VAT Number)– Signatory 2 (Name, Function, Company, Registered address, VAT Number)– …..– Signatory N (Name, Function, Company, Registered address, VAT Number),

Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS:

In case the European Commission awards Contract …. (« the Contract ») to Company 1, Company 2, …, Company N (« the Group Members »), based on the joint tender submitted by them on … ….. for the supply of ….. and/or the provision of services for … (« the Supplies and/or the Services »).

(1) As co-signatories of the Contract, all the Group Members:

(a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract.

(b) Shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective share of the Supplies and/or the Services.

(2) To this effect, the Group Members designate Company X as Group Leader. [N.B.: The Group Leader has to be one of the Group Members]

(3) Payments by the European Commission related to the Supplies or the Services shall be made through the Group Leader’s bank account .[Provide details on bank, address, account number, etc.].

(4) The Group Members grant to the Group Leader all the necessary powers to act on their behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks:

(a) The Group Leader shall sign any contractual documents —including the Contract, and Amendments thereto— and issue any invoices related to the Supplies or the Services on behalf of the Group Members.

(b) The Group Leader shall act as single point of contact for the European Commission in connection with the Supplies and/or the Services to be provided under the Contract. It shall co-ordinate the provision of the Supplies and/or the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract.

Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval.

This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without EDA’s consent.

Signed in ………… on ……….. ………NameFunctionCompany

NameFunctionCompany

NameFunctionCompany

NameFunctionCompany

POWER OF ATTORNEY – MODEL 2

Agreement / Power of Attorney(CREATING THE GROUP AS SEPARATE ENTITY, APPOINTING A GROUP

MANAGER AND GIVING A MANDATE TO HIM/HER)

We the undersigned:

– Signatory 1 (Name, Function, Company, Registered address, VAT Number)– Signatory 2 (Name, Function, Company, Registered address, VAT Number)– …..– Signatory N (Name, Function, Company, Registered address, VAT Number),

Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS:

In case the European Commission awards Contract …. (« the Contract ») to Company 1, Company 2, …, Company N (« the Group Members »), based on the joint tender submitted by them on … ….. for the supply of ….. and/or the provision of services for … (« the Supplies and/or the Services »).

(1) As co-signatories of the Contract, all the Group Members:(a) Shall be jointly and severally liable towards the European Commission for the

performance of the Contract.(b) Shall comply with the terms and conditions of the Contract and ensure the proper

execution of their respective share of the Supplies and/or the Services.

(2) To this effect, the Group Members have set up under the laws of ……. the Group ….. (« the Group »). The Group has the legal form of a .….. [Provide details on registration of the Group: VAT Number, Trade Register, etc.].

(3) Payments by the European Commission related to the Supplies or the Services shall be made through the Group’s bank account . [Provide details on bank, address, account number, etc.].

(4) The Group Members appoint Mr/Ms ……. as Group Manager.

(5) The Group Members grant to the Group Manager all the necessary powers to act alone on their behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks :

(a) The Group Manager shall sign any contractual documents —including the Contract, and Amendments thereto— and issue any invoices related to the Supplies or the Services on behalf of the Group Members.

(b) The Group Manager shall act as single point of contact for the European Commission in connection with the Supplies and/or the Services to be provided under the Contract. He/she shall co-ordinate the provision of the Supplies and/or the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract.

Any modification to the present agreement / power of attorney shall be subject to theEuropean Commission’s express approval.

This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without EDA’s consent.

Signed in ……... on ……….. ………NameFunctionCompany

NameFunctionCompany

NameFunctionCompany

NameFunctionCompany

4.3.6. Model Financial Proposal Form

Name of Tenderer:

No. Service All-inclusive unit price excluding VAT, in EUR

Quantity Total

1 The software (per year) 4

2 Installation, configuration and post implementation review (one off charge)

1

3 Maintenance package (per year) 4

4 On site support (per person-day) 80

5 Off site support (per person-hour) 200

Total assignment

Name:(of the Tenderer or authorised representative)

Signature: Date:

Prices should be all-inclusive; the Agency will not pay expenses for any additional costs incurred from the execution of the contract.

Financial proposals exceeding the amount indicated in the tender specifications shall be excluded outright.

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