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QUESTIONS AND ANSWERS PERTAINING TO THE TENDER PROCEDURE

Publication Reference: EASA.2015.HVP.11 Title of Contract: Business & Management Consultancy Services

Date 07/07/2015

DATE QUESTION ANSWER

1. 16/06/2015 Requirement a) (in chapter 3.2.3 Technical & Professional Capacity) regarding the experience of the tenderer states that a tenderer needs to present at least 5 comparable projects demonstrating coverage of all the domains as defined in section 2.3: Could you please clarify whether each of these 5 projects need to cover all the domains or whether it is acceptable that the 5 projects altogether cover all domains (e.g. project A covers domain 1-4, project B covers domain 5, project C cover domain 6-8 etc.)

The experience of the tenderer should be demonstrated by presenting five comparable projects which cover altogether the eight domains defined in section 2.3. Therefore, please note that not every single one of the five projects must cover the eight domains. It is your free choice which project demonstrates experience for a specific domain. However you have to ensure that each domain is covered by at least one of the projects.

2. 16/06/2015 Requirement c) regarding the requirement that a tenderer has a suitable quality management system: Could you please clarify whether a tenderer need to document a certificate of a quality management system or whether it is enough to describe the quality management system in place.

The evidence of a suitable quality management system (QMS) is furnished by either hand in a proof, this might be in form of a certificate, or by description of the QMS.

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3. 17/06/2015 Page 3/47 of the tender specifications mentions that the launch date of this opportunity is 28 May. However, the contract notice and the specifications package were only published on 9 June.

Therefore, could you please subsequently extend the deadline for the submission of the proposal by 12 calendar days, i.e. to 27 July?

In line with the Financial Regulations applicable to the general budget of the Union and its rules of application the Publications Office of the European Union shall publish contract notices in the Official Journal of the European Union no later than 12 calendar days after their dispatch.

The minimum time frame between launch date and deadline for submission of tenders (with electronic access to documents) is 47 days for an open procedure calculated from the date of dispatch (i.e. the 47 days already includes a maximum of 12 days for the publication).

Therefore, at this time the Agency does not foresee any to extension to the deadline for submission of tenders.

Please also note that the deadline is a deadline for submission (not receipt) – please see the invitation to tender for further information to this respect.

4. 22/06/2015 With regards to the above-mentioned procurement procedure, the table in Annex IVc – Overview of consultancy team/proposed indicates only 2 profiles per level.

Is it possible for a tenderer to propose more profiles per level or should only 2 profiles be proposed per level?

In line with technical and professional capacity criteria 3.2.3.b., tenderers are asked to present 2 staff members per consultancy team profile in their proposal as proof that they have a sufficiently sized pool of experts for the contract implementation.

Should you maintain a larger pool of available experts EASA would welcome a short information to that respect in your offer however for the purposes of the evaluation please note only two staff members per profile should be submitted.

In the case of contract award, when responding to particular requests for services (specific contracts), the contractor will

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be asked to propose a suitable team of experts for the project at hand – at which stage alternative / additional experts (profiles) can be submitted for approval.

Please note that EASA reserves the right to request clarification, alternative or further profiles in the case that the documents submitted are not found as adequate evidence that the tender fulfils the criteria or in case of doubt.

5. 26/06/2015

We would like to know if EASA foresees a meeting with key stakeholders of this tender, that would give us the opportunity to better understand EASA’s needs and requirements. If so, can you please give us potential slots?

To facilitate logistics, the meeting could also take place via video/teleconference.

In line with the Financial Regulations applicable to the general budget of the Union and its rules of application contacts between EASA and tenderers, for open procedures, are not permitted throughout the tender procedure, save in exceptional circumstances as defined in section 1.10 of the Tender Specifications (Part II) such as, before the final submission date of tenders, requests for clarification such as these. Therefore, please be informed that EASA does not foresee any such contacts with tenderers in form of visits, teleconferences, presentations etc. throughout the tender procedure. All relevant information can be downloaded from the Tender Documents on the webpage. Where additional information is required for the purpose of clarifying the nature of the contract please send an email to tenders@easa.europa.eu

In the case of successful contract award the successful tenderer shall be invited to a contract kick-off meeting at which point more in depth discussions on the contract implementation can be pursued.

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6. 29/06/2015 We would expect to be able to include special terms in any specific

contract to address project specific concerns as the need arises. Please

confirm this understanding is correct.

As specific consultancy needs / projects arise the Agency shall order such services through specific contracts following the process in section 2.5.2. Based upon the Agency’s specific needs the contractor shall have the opportunity to provide a project specific offer. The specific contract shall therefore be completed in line with such offer i.e. volume, duration, payments, deliverables etc. However, the terms of the specific contract (and/or framework contract) shall not be amended / altered.

7. 29/06/2015 We note that Article I.9 states that all information shall be held in strict

confidence and shall not be disclosed to third parties without the

Agency’s consent. Our understanding is that this does not apply to any

pre-existing intellectual property rights owned by the Contractor.

Please confirm our understanding is correct.

As also defined in Article I.9 the Agency retains “any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract…” however “except where industrial or intellectual property rights exist prior to the Contract being entered into..”.

8. 29/06/2015 We note the confidentiality obligations in Article II.9 are one-sided. As

we would be supplying the Agency with confidential information we

would expect these obligations to be mutual to provide an equal level

of protection to our information. Please confirm that this Article will be

amended appropriately.

The draft contract, including Article II.9, are the standard contract and clauses as issued by the European Commission and adopted by EASA. The Agency does not foresee amending /altering the draft contract.

9. 29/06/2015 Please confirm that Article II.8.5 is a reasonable endeavours obligation

on the Contractor to identify all pre-existing rights in the results. It

would be an administrative burden to list every pre-existing right used

in the results. This would not affect the warranty given by the

Contractor that is also in Article II.8.5.

Only where the special conditions, Article I.9, require, should the aforementioned details be provided. At this stage, it is not foreseen for the tenderers / contractors to provide a list of pre-existing rights.

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10. 29/06/2015 Article II.10.1 provides the Agency with permission to process, use,

distribute and publish any data relating to the Contract. We would like

to confirm that this Article is subject to the Agency’s confidentiality

obligations (as made mutually applicable under Article II.9) and do not

include the right to distribute or publish the logo or use any other

branding of the Contractor without the Contractor’s prior written

consent.

Your understanding is correct. As defined in Article I.9 the Agency retains “any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract…” however “except where industrial or intellectual property rights exist prior to the Contract being entered into..”.

11. 29/06/2015 Due to the nature of projects under this framework we do not believe

that the liquidated damages contained in Article II.16 are appropriate

as they do not facilitate a collaborative approach to working. Please

confirm that Article II.16 is not applicable.

The draft contract, including Article II.16, are the standard contract and clauses as issued by the European Commission and adopted by EASA. The Agency does not foresee amending /altering the draft contract.

12. 29/06/2015 Please could you clarify the scoring for the client reference, team

profile, environmental policy and quality management system

questions? Are these simply pass/fail questions or will there be

numerical scores allocated to our responses?

The technical & professional capacity criteria (3.2.3) shall be evaluated on the basis of the evidence requested and whether the tenderer meets the minimum requirements i.e. pass / fail – no numerical score shall be assigned.

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13. 29/06/2015 Section 1.5 of the “Tender Specifications”: “For the selection criteria ‐

economic & financial capacity (see section 3.2.2) and technical &

professional capacity (see section 3.2.3) the evidence should be

provided by each member of the consortium, but will be checked to

ensure that the consortium as a whole fulfils the criteria (e.g. not every

consortium member needs to fulfil each of the criteria individually – but

rather as a whole).”

Should the questions included in the Technical offer (see section 4.1.1)

be answered from the Consortium standpoint (as a whole) or should

each member of the consortium provide individual answers, based on

their own internal processes, procedures and organisation (e.g. Q.3.1

related to quality controls and measures, internal procedures and

measures)?

Within the Technical Award Criteria Questionnaire listed in section 4.1.1 the tenderer is asked to describe its approach with respect to Planning & Methodology, Delivery of Services and the Quality & Management of Services. The questionnaire is meant to be answered from the tenderer as a whole (i.e. including any consortium members or sub-contractors) in order to evaluate the tenderers overall working approach and solution strategies. Therefore it is not necessary to provide individual answers from each party.

14. 29/06/2015 Section 2.5.7 of the “Tender Specifications”: “The tenderer should

appoint / propose a suitable project team for the contract

implementation”. By “contract implementation” do you mean the

Framework contract implementation or a Specific contract

implementation?

In which section of our technical offer should we describe “the project

team for the contract implementation”? Is it in our answer to question

2.1 of the Technical Award Criteria Questionnaire (page 23 section

4.1.1 of the “Tender Specifications”)?

Tenderers should propose suitable consultants for the framework contract implementation as part of their offers in response to the technical and professional capacity (3.2.3). Depending on the Agency’s specific needs, defined at the time of specific contacts, the contractor will be requested to propose a specific project team for its implementation.

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15. 29/06/2015 Section 4.1.1 of the “Tender Specifications” – Question 1.1: “Describe

your planning and methodology for a project and programme …”. By

“project and programme” do you mean a Specific contract or the

Framework contract as a whole?

Details with regard to the overall (framework) contract organisation should be addressed under 1. Planning & Methodology. The project organisation under specific contracts should be addressed through 2. Delivery of Services.

16. 29/06/2015 Section 4.1.1 of the “Tender Specifications” – Question 2.1: “Describe a

typical project organisation …”. Does “project organisation” refer to

the organisation of a Specific contract or to the organisation of a

Framework contract as a whole?

Under 2. Delivery of Services – the project organisation is referring to the specific contract set-up and implementation. Details with regard to the overall (framework) contract organisation should be addressed through 1. Planning & Methodology.

17. 29/06/2015 Section 4.1.1 of the “Tender Specifications”: Is there any constraint on

the (maximum) number of pages to write for each technical question?

No maximum has been defined for the offer.

18. 29/06/2015 Does the EASA use a specific Project Management methodology? If

yes, on which standard methodology is it based?

At this stage no specific Project Management methodology is defined.

19. 30/06/2015 In 1.7.1 of the tender specifications you describe the content of the

envelopes. For the Technical and Financial Documents it is clearly said

“one signed original and three copies”, but there are no information

for envelop A – Administrative Data. Would you like to receive only

one original?

Only the original versions of the administrative documents are required i.e. no additional copies needs to be included in envelope A.

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20. 30/06/2015 With regard to Section 3 “Exclusion and Selection criteria” (page 19 of

the Tender Specifications) and Section 4 “Award of the Contract” (page

23 of the Tender Specifications), no reference is made to the limit of

page number for the technical offer. Could you please clarify if there is

a maximum number of pages for the technical proposal that you would

like to receive?

No maximum has been defined for the offer.

21. 30/06/2015 With regard to Section 4., paragraph 4.1.1 “technical evaluation” of the

Tender Specifications), point 2.1 “Describe a typical project

organization, including progress reporting, principal contact points

with the client, required resources involvement, …”could you please

clarify the following: By “typical project organization” do you mean

typical project organization in EASA or typical project organization as

envisaged in applicable methodologies/our previous experience?

Please provide a typical project organisation, which you would apply under this framework contract when addressing EASA’s potential needs, based on your existing methodologies, experience etc.

22. 02/07/2015 [Section 4.1.1 of the “Tender Specifications” (page 23)]: Question 1.1

“[…] Describe what elements you would include in a project plan”.

Based on your answer to our previous question N°4 “Details with

regard to the overall (framework) contract organisation should be

addressed through 1. Planning & Methodology” (please see your

answer attached).

In this context, what is meant by ‘project plan’ in the case of a

framework contract (Question 1.1)?

Criteria 1. Planning & methodology is indeed relating to the framework contract and your approach to planning for, setting-up and implementing the framework contract. Part of the framework contract implementation is the responding to EASAs specific request for services and setting up specific contracts / projects in line with these needs. To this respect, criteria 1.1., refers to what methodology do you apply, during the framework contract implementation, regards addressing such specific requests and setting up projects –i.e. what tools do you have in place, what elements are taken into account etc.

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23. 06/07/2015 4.1.1; Question 1.3 “… consultants proposed are suitable to fulfill the Agency’s requirements…” Do you refer to

a) Only the actions we take when we receive a request from EASA?

b) The actions we take when we receive a request from EASA and our general long term approach how we ensure that we have excellently trained people?

Criteria 1. Planning & methodology is relating to your approach to planning for, setting-up and implementing the framework contract. Part of the implementation requires the maintenance of suitable expertise and composition of effective project teams in line with the Agency’s needs. Therefore, question 1.3 refers to the methodology / approach applied by the tenderer “when you receiving a request for services from the Agency” in order to “ensure that the consultant(s) proposed are suitable for fulfil the Agency’s requirements” (i.e. actions towards team composition) as well as “are trained and have the necessary knowledge to be directly effective?” (i.e. long term strategy).

24. 06/07/2015 Question 1.5 “…client satisfaction in project planning” Do you refer to

a) How to ensure client satisfaction during the planning process of each project?

b) How to ensure client satisfaction with the project plan? c) How to integrate client satisfaction touchpoints and

evaluations already in the project plan?

Criteria 1. Planning & methodology is relating to your approach to planning for, setting-up and implementing the framework contract. Question 1.5 aims at assessing the tenderers methodology for ensuring that to address correctly the needs and request of the clients when planning a project and practically ensure their continued and subsequent satisfaction.

25. 06/07/2015 Article I.9 Ownership of the results Any results or rights thereon, including copyright and other intellectual or industrial property rights, obtained in performance of the Contract, shall be owned solely by the Agency, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist prior to the Contract being entered into.

Indeed, such rights shall only be applicable to the results e.g. the report, for which the Agency retains ownership.

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Question: According to Section I.9 of the Special Conditions of the Framework Service Contract, the comprehensive usage rights are transferred to the customer, which allows for extensive amendments and exploitation. Are we right in assuming that the reports are generated as documentation of the service, either under the logo and the name of the client or without logo and name? Should it be created with logo of the contractor, is it true that the granting of an irrevocable right, unlimited in time and space, only applies to the simple right to use the report?

26. 06/07/2015 Article II.2 Liability The Contractor shall be held liable for any loss or damage caused by himself in performance of the Contract, including in the event of subcontracting under Article II.13, and for any claim by a third party, but only to an amount not exceeding three times the total amount of the relevant specific contract. Nevertheless, if the damage or loss is caused by the gross negligence or willful misconduct of the Contractor or of its personnel or subcontractors, the Contractor shall have unlimited liability for the amount of the damage or loss. Question: In Article II.2 of the General Conditions of the Framework Service Contract it refers that there is no limitation of liability for gross negligence claims against the contractor. Accounting firms, however, are held against limited liability to the client and third parties adequately. Liability and insurance cover must be proportionate. The provisions of § 54a accountants (WPO) and § 17 para. 2 of the Professional Charter for Auditors take this into account. Is the inclusion of a system for the limitation of liability, referring to § 54a WPO

The draft contract are the standard contract and clauses as issued by the European Commission and adopted by EASA. With regard to Article II.2: “the Contractor shall have unlimited liability for the amount of the damage or loss” if it “is caused by the gross negligence or willful misconduct of the Contractor or of its personnel or subcontractors”. The Agency does not foresee amending /altering the draft contract.

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possible as follows: "The liability of the contractor for claims for damages of any kind, except for damages resulting from injury to life, body and health for a single negligent injury case is limited to 5 million euro.”?

27. 06/07/2015 Article II.8.6 Creators By delivering the results the Contractor warrants that the creators undertake not to oppose that their names be recalled when the results are presented to the public and confirms that the results can be divulged. Names of authors shall be recalled on request in the manner communicated by the Contractor to the Agency. The Contractor shall obtain the consent of creators regarding the granting of the relevant rights and be ready to provide documentary evidence upon request. Question: Article II.8.6 of the General Conditions of the Framework Service Contract provides that the contractor will have no objection to his nomination as the author of the results and agrees with the presentation of the results. Is our assumption correct that if the customer changes some of the text of the report for its own re-use (for example, for a presentation), then the Principal Contractor will not be quoted nor any logo of the contractor will be included in the report of derivative works?

The assumption is correct. Wherever the original form or version of the Contractor’s work is published the origin of the documents may be indicated by logo. However when changes or amendments are made leading to a derivation to the original form, the author won’t be released.

28. 06/07/2015 Article II.9.2 Confidentiality The Contractor shall obtain from each member of his staff, board and directors, as well as from third parties involved in the performance of the Contract, an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their

Article II.9.2 requires that “The Contractor shall obtain from each member of his staff, board and directors, as well as from third parties involved in the performance of the Contract, an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of

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own benefit or that of any third party any document or information not available publicly, even after completion of the tasks. Question: Article II.9.2 of the General Conditions of the Framework Service Contract provides that the contractor shall obtain from his collaborators an explicit confidentiality agreement, to the extent these employees are authorized to represent. Accounting firms differ significantly from other consulting and service companies in regard to confidentiality requirements due to mandatory statutory provisions of their professional law and professional supervision. Pursuant to § 43 para. 1 WPO accounting firms and their employees are forbidden to disclose in particular facts and circumstances that entrusted to the professional activity or are known, without authorization. These obligations are mandated and continue indefinitely after termination of the respective contractual relationship (§ 9 Professional Charter for Auditors). Each employee signed when entering the company a "commitment to secrecy". If our assumption is correct that an obligation pursuant to Article II.5.3 of the General Conditions for the Service Framework Contracts is then not necessary if an employee of an accounting firm has issued an express statement to the accounting firm due to professional legal duty to maintain secrecy.

any third party any document or information not available publicly, even after completion of the tasks.” The contractor is therefore free to decide in which form such agreement is obtained.

29. 06/07/2015 Article II.10 Use, Distribution and Publication of Information The Contractor shall authorise the Agency to process, use, distribute and publish, for whatever purpose, by whatever means and on whatever medium, any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports. Where personal data is concerned, Article II.20 shall apply.

Indeed the reports are included in the work 'results'.

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Unless otherwise provided by the Special Conditions, the Agency shall not be required to distribute or publish documents or information supplied in performance of the Contract. If it decides not to publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Agency. Question: Article II.10.1 of the General Conditions of the Framework Service Contract provides the Agency with the right to publish any data contained in or relating to the Contract, in particular the identity of the Contractor, the subject matter, the duration, the amount paid and the reports. What does “report” exactly mean, especially in contrast to “documents or information supplied in performance of the Contract” in Article II.10.2 ? Does reports include our work results?

30. 06/07/2015 Article II.17 Checks and Audits The Agency and the European Anti‐Fraud Office may check or have an audit on the performance of the Contract. It may be carried out either directly by its own staff or by any other outside body authorised to do so on its behalf. Question: Article II.17 of the General Conditions of the Framework Service Contract provides for extensive audit rights of the client and the European Anti-Fraud office. Accounting firms are subject to prior specific legal requirements with respect to the confidentiality of client data. Is it true that checks and audits as part of Article II.18 of the draft service contract will only be executed when that compliance with the specific legal requirements of an accounting firm in Germany are not affected by these checks and audits?

All data, information, documentation etc.as a result of or in connection to the performance of the contract are subject to audit as defined in Article II.17.

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31. 07/07/2015 With regard to section 4, paragraph 4.1.1 “Technical Evaluation” (page 24 of the tender specification), Point 3.1: Quality and Management of services: “please describe what quality controls and measures as well as the internal procedures and measures that you will put in place to provide the required services….” Could you please clarify whether the sentence “with the necessary rapidity and flexibility” is referred to “the characteristics of the service” or to “the quality controls, internal procedures and measures of the required services” In other words, do you expect that the service is provided in a rapid and flexible way or do you require solutions to ensure rapidity and flexibility of quality controls, internal procedures and measures?

Criteria 3.1 is relating to the management tools, including quality controls, internal procedures and other measures in place, which ensure a rapid, flexible and high quality accomplishment of services in case the Agency asks for such.

32. 07/07/2015 [Section 3.2.3 of the “Tender Specifications” (page 21)]: “Of the

projects presented – 3 references/referees, e.g. letters/ emails of

recommendations from previous clients”.

Shall these references/ referees be in English or would they also be

accepted if provided in other languages?

Preferred language is English, however any other official language of the European Union is accepted.

33. What counts as the deadline on the 14th of July: Receipt of proposal at EASA in Cologne or is the post stamp sufficient?

Deadline for submission of tenders is 14/07/2015. In line with section 2 of the invitation to tender:

- Tenders sent by Post or Courier: In this case, the evidence of submission (no later than the deadline for submission 14/07/2015), i.e. the date of dispatch, shall

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be constituted by the postmark or the date of the deposit / posting slip.

- Tenders which are hand delivered: In this case, the tenderer must obtain a proof of receipt, signed and dated (including the time of submission) by the person who took delivery at EASA’s Reception desk by the deadline for submission – 14/07/2015, 17:00 (Cologne local time).

34. According to the "invitation to tender", hand delivery of tenders are due until 18:00. However, the "tender specification" states 17:00 as the deadline for submission. What is the deadline for hand delivery (17:00 or 18:00)?

The deadline for submission is 14/07/2015, 17:00 (Cologne Local Time) as defined in the tender specifications. The invitation to tender provides information with regard to the general opening hours of EASA’s reception desk - Monday to Friday, 8.00 – 18.00 (Cologne local time). Tenders hand delivered, on the day of the deadline, 14/07/2015, should be submitted no later than 17.00 (Cologne local time) – duly

substantiated with a proof of receipt, signed and dated (including the time of submission) by the person who took delivery at EASA’s Reception desk.

35. How many copies of the tender per envelope do you need?

In line with section 1.7.1 Presentation of the Tender, of the tender specifications:

- Envelope A – Administrative Data: only the original versions of the administrative documents are required.

- Envelope B – Technical Documents: one signed original and 3 copies are required.

- Envelope C – Financial Documents: one signed original

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and 3 copies are required.

36. Regarding the "Documentary Evidence" of Legal Capacity: Is an extract from the "Handelsregister" (Commercial Register) sufficient?

Indeed, in general, an extract from the “Handelsregister” provides sufficient evidence of legal standing. Provided such copy clearly shows the contractor’s name and address and the registration number given to it by the national authorities. A copy of the VAT registration document (if applicable) should be submitted if the VAT number does not appear on the official document referred to above.

*Please note that EASA reserves the right to request clarification and/or additional documentation in case of doubt.

37. Does the German "Diplom" count as an equivalent for Master and / or MBA?

Unfortunately, we cannot provide at this time judgement on the equivalence of the German “Diplom” and the Mater/MBA qualification. Please provide details of the comparison and the subsequent analysis in the CV i.e. detailing the equivalent qualification and with substantiation.

38. Are the German "1. Staatsexamen" and "2. Staatsexamen" equivalent to Master and / or MBA?

Unfortunately, we cannot provide at this time judgement on the equivalence of the German "1. Staatsexamen" and "2. Staatsexamen" and the Mater/MBA qualification. Please provide details of the comparison and the subsequent analysis in the CV i.e. detailing the equivalent qualification and with substantiation.

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39. Does the sub-contractor count as 1 of the 12 consultants or are sub-contractors in addition to the 12 consultants?

The evidences, whether from the main tenderer, sub-contractors and/or consortium members, submitted in support of the technical and professional capacity (3.2.3) will be checked to ensure that the tenderer, as a whole, meets the requirements.

Therefore, a tenderer may rely on other entities, i.e. sub-contractors, to demonstrate that they meet the minimum requirements. Therefore, the consultants, working for the sub-contractor, may be submitted as part of the 12 profiles.

40. Would you prefer the consultant CVs in Europass format within the document or as appendices?

Please include the CVs in Europass format with the other required technical & professional capacity documents presented within the Technical Documents in Envelope B.

41. Can the Europass CV format be adjusted by focusing on project based work experience?

The Europass CV format may be adjusted in line with the reasoning provided.

*Please note that EASA reserves the right to request clarification and/or additional documentation in case of doubt.

42. Can the categories of skills (indicated in the Europass CV format) be redefined to e.g. "IT skills", "methodical skills" and "business experience"?

The category of skills may be used to address and focus more on IT skills", "methodical skills" and "business experience", but should not be changed in its structure. In case there is additional information to add, please use the possibility at the end of the documents, e.g. named “Further skills”, etc.

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43. The "tender specification" does not indicate clearly whether a maximum of 5 project references will be accepted or if at least 5 project references may be submitted. Could you please clarify if more than 5 project references may be submitted?

Criteria 3.2.3.a. Technical and Professional Capacity - Experience of the Tenderer requires that at least 5 comparable projects are presented (including 3 references/referees, e.g. letters/emails of recommendation, from previous clients). In the case that you would like to present more than 5 projects this remains at the discretion of the tenderer, however please note only 5 are required.

*Please note that EASA reserves the right to request clarification and/or additional references/projects in case of doubt.

44. Do references from the sub-contractor also count as project references?

The evidences, whether from the main tenderer, sub-contractors and/or consortium members, submitted in support of the technical and professional capacity (3.2.3) will be checked to ensure that the tenderer, as a whole, meets the requirements.

Therefore, a tenderer may rely on other entities, i.e. sub-contractors, to demonstrate that they meet the minimum requirements. Therefore, positive references received by the sub-contractor in connection to one of the projects presented may be submitted.

However, in the case that the tenderer wishes to submit a reference that they have received from the the sub-contractor (i.e. the sub-contractor is endorsing the work of the main tenderer) this would unfortunately not be submissable.