annex a.1 technical specification - eurojust for tender/provision of... · it details the minimum...

Annex A.1 Technical Specification

2013/PO/EJ/16

ICT Consultancy Services for Eurojust

Eurojust, The Hague, NL

Final

Annex A.1 Technical Specification Final

2013/PO/EJ/16- Annex A.1 Last updated: 05-Dec-2013 Page 1 of 22

Table of Contents 1. Introduction ........................................................................................................................................................................... 2

2. Background ............................................................................................................................................................................ 2

2.1. The Information Management Unit .................................................................................................................... 2

2.2. The Business Services .............................................................................................................................................. 2

2.3. IT Infrastructure ......................................................................................................................................................... 3

2.4. Estimated volumes .................................................................................................................................................... 3

3. Service Specifications ......................................................................................................................................................... 4

3.1. Lot 1- ICT Consultancy Services- Operational ................................................................................................ 4

3.1.1. Scope ...................................................................................................................................................................... 4

3.1.2. Service Management ....................................................................................................................................... 4

3.1.3. Resource Management ................................................................................................................................... 5

3.1.4. Pricing Policy ...................................................................................................................................................... 5

3.2. Lot 2- ICT Consultancy Services- Control/Audit ........................................................................................... 6

3.2.1. Scope ...................................................................................................................................................................... 6

3.2.2. Service Management ....................................................................................................................................... 6

3.2.3. Resource Management ................................................................................................................................... 6

3.2.4. Pricing Policy ...................................................................................................................................................... 7

4. Service Level Specifications ............................................................................................................................................. 8

4.1. Roles and Responsibilities ...................................................................................................................................... 8

4.1.1. On the contractor’s side ................................................................................................................................. 8

4.1.2. On Eurojust side ................................................................................................................................................ 8

4.2. Ordering Consultancy Services ............................................................................................................................. 8

4.2.1. Time & Means Orders ..................................................................................................................................... 9

4.2.2. Time & Means (TM) order process ........................................................................................................ 11

4.2.3. Fixed Price Orders ......................................................................................................................................... 12

4.2.4. Fixed Price (FP) order process ................................................................................................................ 14

4.2.5. Quoted Time & Means Orders .................................................................................................................. 15

4.2.6. Quoted Time & Means (QTM) order process ..................................................................................... 17

4.3. Delivery of Services ................................................................................................................................................ 18

4.3.1. Place of work ................................................................................................................................................... 18

4.3.2. Working hours ................................................................................................................................................ 19

4.3.3. Training ............................................................................................................................................................. 19

4.3.4. Security clearance ......................................................................................................................................... 19

4.4. Status, Conduct and Confidentiality ................................................................................................................ 20

4.5. Liquidated Damages ............................................................................................................................................... 20

4.6. Validity and Review Process ............................................................................................................................... 20

4.7. Reporting .................................................................................................................................................................... 21

4.8. Service Meetings ...................................................................................................................................................... 21

4.9. Risk and Problem Management ........................................................................................................................ 21



1. Introduction

This document sets out the technical specifications and minimum requirements for the procurement

procedure for provision of Information and Communication Technology (ICT) Consultancy services,

whose acceptance by the tenderer is mandatory. It details the minimum specifications of the required

services to be provided, where possible the minimum service levels and the related procedures.

To avoid a conflict of interest when deliverables needs to be validated by an e.g. IT Security Audit

operational and control assignments must be separated. For this purpose the tender is divided into

two lots.

Lot 1: ICT Consultancy Services- Operational;

Lot 2: ICT Consultancy Services- Control/Audit.

N.B. Tenderers may submit an offer for one or both lots. However, the contractor for Lot 2 may be

asked to audit the deliverables created by the contractor of Lot 1. Therefore the winning tenderer of

Lot 1 will not be offered the contract for Lot 2 even if they are ranked in 1st position for that Lot. In

this case the tenderer ranked in 2nd position will be offered Lot 2.

2. Background

2.1. The Information Management Unit

The Information Management Unit is comprised of an Operations team and a Projects Team managed

by a Head of Unit

Administrative Director

Head of Information

Management Unit

Management

Support Team

Application

Management

Secretariat

Technical

ArchitectTrainer

Operations Team

Head of

Operations

HelpdeskIT Back Officers IT Front Officers

Projects Team

Business AnalystsDevelopers

Junior Project

Officers

Senior Project

Officers

ICT Security Officer

2.2. The Business Services

The Unit works from an annual work plan based on a Corporate and IT strategy and implements the

plan using ITIL best practices and Prince2 methodology to manage the Operational processes. The



Information Management Unit is responsible for the provision of the following services to the

organisation:

Application Management Services (Application Development, Provisioning and Management)

Communication Services (Email, Telephony, Audio and Video Conferencing, Fax)

Connectivity Services (Connections establishment, management and maintenance)

Identity and Access Management Services (Default and Special request)

IT Infrastructure Services (Hosting , Data storage, Back-up & Recovery, Network)

IT Security Services (Encryption, Anti-virus and anti-spam, Network security)

IT Support Services (User Support, IT end user equipment management)

Professional services (IT Project management, Business analysis, ICT training)

2.3. IT Infrastructure

To deliver the business services to approximately 400 users the Information Management Unit

manages 92 technical services composed of network and client hardware and software. Details about

the infrastructure are provided in Annex A.2 (Profiles, Methodologies and Technologies)

2.4. Estimated volumes

Over the last 3 years the following profiles and projects were sourced through either an ICT

consultancy contract or an interim staffing contract:

Profiles/ Project Number of days

Business Analyst 239

Business Analysis 239

Help Desk Operator 141

Windows upgrade 141

ICT Support- General 182

ICT Operations 182

Project Manager 440

CMS 220

eHR 220

Service Manager 130

IT Strategy 130

Software Developer 736

EJ Website 154

EMS 198

FC workflow 324

OCC 60

Solution/ System Analyst 40

DMS-NG 40

Solution/ System Architect 222

New Housing 222

Solution/ System Designer 45

EJ Website 45

System Engineer/ Administrator 150

Tech Docs 150

Grand Total 2325

Profiles/ Project Number of days

Security Auditor 94

Project a 26

Project b 11

Project c 29

Project d 27

Grand Total 94

Based on this historical data we can estimate

that the volume for Security audits will be on

average between 30 and 40 days per year

The other profiles can be estimated in a range

of 800 to 1000 days per year

However these figures may change

considerably during the implementation of the

contract and Eurojust is not liable to

compensate the Contractor if volumes are

lower than originally estimated.



3. Service Specifications

The contractor shall provide IT consultancy services in connection to the implementation, support and

development of ICT Business Services and Infrastructure within agreed timeframes.

3.1. Lot 1- ICT Consultancy Services- Operational

3.1.1. Scope

Covering the scope

The contractor must be able to provide resources to perform Operational tasks matching the tasks of

IT staff at Eurojust (standard profiles) and provide resources to perform Operational tasks that

require knowledge of Technical or IT management areas or a combination of both matching the IT

architecture (technology) and IT management principles and methodologies used at Eurojust

(specialist profiles).

Understanding risks and benefits

The contractor must have a good understanding of Eurojust’s working environment and specific needs

and must be able to identify and propose actions to prevent or eliminate any technical, financial or

contractual risks.

3.1.2. Service Management

The contractor must be able to manage the framework contract, expedite the requests for service

rapidly and manage the specific contracts professionally, efficiently and effectively meeting the

specifications of this tender.

Managing the Framework Contract

The contractor must have the capacity to carry out in parallel several individual orders. Therefore the

contractor must dedicate a team of resources to manage implementation of the contract within the

terms and conditions of the framework contract. The contractor must apply appropriate performance

measures to control the quality of the service delivery for its own organisation but also manage and

control the quality delivered via sub-contracting. The contractor is obliged to report on activities on a

monthly basis.

Delivering the Services

The contractor must have the means and/or procedures in place to respond efficiently and effectively

to a request for service during the implementation of the contract with suitable proposals. The

contractor may propose subcontractors/ one person companies (or freelancers) in response to this

call for tender and in response to requests for service during the implementation of the contract when

specialised expertise is required not foreseen earlier.

Operational tasks are delivered by on-site work based on fees for person days therefore the services

must be provided in a Time & Means mode with the acceptance of timesheets. In exceptional cases

tasks may require on-site and off-site work based on fees for person days. Those services must be



provided in a Quoted Time & Means or Fixed Price mode with the acceptance of work based on the

provision of deliverables/artefacts.

The contractor must be able to ensure the availability of the proposed person from the start of the

assignment until the end of the assignment excluding planned absence.

3.1.3. Resource Management

Ensuring volume and sourcing methods

The contractor must have the means available to ensure a sufficient volume of skilled professionals to

offer in response to a request for service. The contractor must be able to use different sourcing tools

or channels to pro-actively and re-actively attract potential candidates. The contractor should have a

method to pre-select potential candidates which is proven by a high success rate.

The contractor should do its best to keep the existing pool of consultants motivated, competent and

skilled therefore the contractor must offer at least suitable and sufficient training to its staff with an

average of 7 days per year preferably covering the technology and methodologies used at Eurojust.

Personnel Management

The contractor shall apply best practices related to personnel/ consultant management specifically in

the areas of health and wellness, recognition, rewards, incentives and benefits. The contractor must

have processes and procedures in place to monitor and manage performance of the consultant and in

return constructively deal with feedback from the consultant.

3.1.4. Pricing Policy

Time and Means Contracts

While not all the profiles required over the full duration of the contract can be identified at the tender

stage Eurojust expects to have a transparent pricing policy with result in fixed calculation method to

establish all inclusive daily rates which allows cost efficient choices.

Fixed Price contracts

The contractor shall propose a methodology to calculate workload for a fixed price contract based on

the number of days for each activity. The methodology must be applied for each financial offer.



3.2. Lot 2- ICT Consultancy Services- Control/Audit

3.2.1. Scope

Covering the scope

The contractor must be able to provide resources to perform control/ audit tasks that require

knowledge of Technical or IT management areas or a combination of both matching the IT

architecture (technology) and IT management principles and methodologies used at Eurojust.

Understanding risks and benefits

The contractor must have a good understanding of Eurojust’s working environment and specific needs

and must be able to identify and propose actions to prevent or eliminate any technical, financial or

contractual risks.

3.2.2. Service Management

The contractor must be able to manage the framework contract and manage the specific contracts

professionally, efficiently and effectively meeting the specifications of this tender.

Managing the Framework Contract

The contractor must dedicate a team of resources to manage implementation of the contract within

the terms and conditions of the framework contract. The contractor must apply appropriate

performance measures to control the quality of the service delivery for its own organisation but also

manage and control the quality delivered via sub-contracting. The contractor is obliged to report on

activities on a monthly basis.

Delivering the Services

The contractor may propose subcontractors in response to this call for tender. The contractor may

propose one person companies (or freelancers) in response to requests for offer during the

implementation of the contract when specialised expertise is required.

Control and Audit tasks are delivered by on-site and off-site work based on fees for person days

therefore the services must be provided in a Fixed Price mode with the acceptance of work based on

the provision of deliverable/artefacts.

The contractor must be able to deliver complete project plans with indications of the proposed

activities, the team structure, profiles, roles, responsibilities and workload (person-days) of the

different team members. The contractor shall be responsible for the timely delivery and quality

conform specification of the agreed deliverable/artefact.

3.2.3. Resource Management

Ensuring volume and sourcing methods

The contractor must have the means available to ensure availability of skilled professionals to offer in

response to a request for service. The contractor should do its best to keep the existing pool of

consultants motivated, competent and skilled therefore the contractor must offer at least suitable and

sufficient training to its staff with an average of 7 days per year preferably covering the technology

and methodologies used at Eurojust.



Personnel Management

The contractor shall apply best practices related to personnel/ consultant management specifically in

the areas of health and wellness, recognition, rewards, incentives and benefits. The contractor must

have processes and procedures in place to monitor and manage performance of the consultant and in

return constructively deal with feedback from the consultant.

3.2.4. Pricing Policy

Fixed Price contracts

The contractor shall propose a methodology to calculate workload for a fixed price contract based on

the number of days for each activity. The methodology must be applied for each financial offer. The

methodology shall at least consider on site work at Eurojust office, off site work at contractors office

and work performed outside of normal working hours and could consider costs influences such as

sourcing method, number of consultants, number of activities, complexity of the deliverables, etc.

The following scenarios must be used as examples to demonstrate the methodology:

Scenario 1

Eurojust has signed a framework contract with your company for the provision of resources to perform control and or audit tasks. Before any security work can be carried out a good understanding of the Eurojust ICT architecture and existing security framework must be achieved and security clearance procedures must be started.

Scenario 2

Eurojust has to extend the functionality of one of its internal systems to agencies in the EU Member States. A security audit is required to verify that the security level of the connection to the agencies has been implemented in accordance with the mitigating measures identified in the risk assessment.

The audit is expected to take 150 work hours

Scenario 3

Eurojust wants to extend the availability of some systems to mobile devices. A security audit is required to verify that the MDM system, the security of devices and the connection to internal systems are implemented in accordance with the mitigating measures identified in the risk assessment.

The audit is expected to take 225 work hours

Scenario 4

Eurojust wants to identify any security vulnerabilities in the implementation of two web-applications (one developed in-house and one is a customisation of an off-the-shelf product) that will be accessible from the Internet. A security evaluation/penetration-test is required to identify any vulnerabilities.

The activity is expected to take 80 work hours



4. Service Level Specifications

This document sets out the Service Level Requirements (SLR), whose acceptance by the tenderer is

mandatory. It details the minimum services to be provided, the associated procedures and service

level, the service reports as well as the applicable liquidated damages or administrative penalties in

case of non fulfilment. The SLR will provide the basis for the Service Level Agreement (SLA) for the

future contract resulting from the present call for tenders.

4.1. Roles and Responsibilities

4.1.1. On the contractor’s side

The contractor shall nominate a contract manager in charge of the framework contract. The contract

manager will be responsible for all contractual relations with Eurojust. The contract manager must be

reachable by Eurojust during normal working hours. In case of absence, a back-up person shall be

designated.

The contractor shall designate a contact person, and at least a back-up person in case of absence, who

will take care of all requests addressed by Eurojust.

The contractor shall provide a single contact office with e-mail address, telephone number and postal

address.

The contractor shall communicate the list of all persons in charge of the customer's relationship

management with the services of Eurojust.

4.1.2. On Eurojust side

The Administrative Director of EUROJUST represents the awarding authority and signs the framework

contract and all amendments to it.

INFORMATION MANAGEMENT is the Unit for Informatics at Eurojust responsible for implementation

of the contract

The Head of Unit "Information Management" for EUROJUST is responsible for the follow-up and the

quality management of the framework contract and acts as the contact person for all aspects linked

with the framework contract and the specific contracts.

A contact person for EUROJUST is in charge of a specific request sent to the contractor.

An administrative official for EUROJUST is responsible for administrative matters in the execution of a

specific contract.

A technical official for EUROJUST is responsible for technical matters in the execution of a specific

contract.

4.2. Ordering Consultancy Services

The ordering process is initiated by Eurojust via a "Request Form" sent to the contractor describing

the required service. On receipt, the contractor must, within a given time period, either decline the

request or make a proposal to Eurojust for the execution of the request. The process culminates in the



signature of a Specific Contract (i.e. an order), or in the withdrawal of the request form. The templates

for the Specific Contracts are included within the Model Contract.

The exchange of all documents preceding the signature of a specific contract will be done via e-mail.

All documents transmitted by the Contractor should contain at least Eurojust's references, the type of

document (Receipt Confirmation, YeslNo answer, proposal, offer), the mode (TM, FP or QTM) and

whether it is a new request or an extension.

Remark: In the description of the procedures, the term "fault" refers to a Contractor's procedural

error and not to the quality of the content of the documents.

4.2.1. Time & Means Orders

4.2.1.1. Specifications

Time & Means orders are executed on Eurojust premises (i.e. on-site or intra-muros).

In a Time & Means order Eurojust specifies the workload (e.g. person-days) and its specific needs for

requested profiles.

The following conditions relating to Time & Means (TM) orders apply:

The contractor must present proposals meeting the requirements as specified in the Request

Forms and associated documents. Contractor's proposed staff must match the requested

profile description and the specific needs indicated in the request form.

The contractor must be able to propose per requested profile at least two qualified persons to

choose from.

All information indicated in the CV has to be correct and validated by the contractor.

Persons proposed must be available for interviews.

Persons proposed must be available at the start of the project.

On Eurojust's demand, the contractor must replace personnel who prove incapable of carrying

out the specified tasks to the required standards or breached the Eurojust security and

confidentiality requirements. The replacement candidate will be given sufficient training

during an adequate handover period, so that he/she may be immediately operational when the

original candidate is withdrawn. Any such replacement and training, if required, will be

carried out at no additional cost to Eurojust.

The contractor shall give a month's notice to Eurojust if any personnel leave before the end of

a specific contract.

If the original person is no longer able to carry out the work, the contractor is obliged to

inform Eurojust, provide a competent replacement person and arrange sufficient training

(during an adequate handover period where possible) to guarantee continuity of the service

provided to Eurojust. Any such replacement will be effected at no additional cost to Eurojust.

In case of replacement, the handover period must normally be at least 10 working days, free of

charge to Eurojust. If no handover is possible and additional training is needed for the

replacement person, at least 15 working days must be performed by the replacement person



free of charge for Eurojust. The days free of charge will be the first working days of the

replacement person.

In case of replacement, the contractor should propose a minimum of two replacement persons

with the required qualifications and experience for the profile. If the contractor does not

propose suitable replacement staff, Eurojust may immediately terminate the Specific Contract

with a penalty of 10 days free of charge.

Only in case of "force majeure" (like an accident or a serious illness) or if the replacement is on

Eurojust's demand, the penalty shall not apply. However the necessary training and

information to guarantee the continuity of service have to be carried out at the Contractor's

expense.

On Eurojust's demand, during holidays or other periods of planned absence by the person in

charge, the contractor may be required to provide an adequate replacement. The replacement

person will be given sufficient training and provided with all information necessary to

guarantee continuity of the service provided to Eurojust. All such training and handover work

will be carried out at the contractor's expense.

When a person is no more available before the start of a new contract, the contractor is obliged

to inform Eurojust immediately. If the specific contract is signed, Eurojust can either cancel the

contract or ask for a replacement with the performance of 10 first working days free of charge.

The invoicing is based on the number of days performed. The minimum unit is a half-day.

When a replacement procedure is on-going the Contractor cannot invoice 10 days on the

specific contract until the replacement is effectively done.

Remarks:

One full year corresponds in principle to an effective workload of 220 days.

The request form can combine different profiles, with the requested quantity and workload for each profile.

4.2.1.2. Extension

For a "Time & Means" request, the Request Form covers the whole of the project and a Specific

Contract might be for the same number of days or for only a part of the project limited to a budgetary

year.

If the amount of days foreseen in the Request Form hasn't been covered completely by Specific

Contracts made, Eurojust can conclude another Specific Contract without having to send again a

Request Form and follow the complete order cycle. In this case an extension is done.

To make an extension for a Time & Means Specific Contract:

Eurojust checks if the number of days on the corresponding initial Request Form haven't been

used up yet. If they aren't, a new Specific Contract can be concluded on the basis of the initial

Request Form. If the number of days specified in the initial request form is exceeded, it is not

possible to request an extension and the normal procedure applies.

Eurojust asks an offer from the contractor for the period that they want an extension for,

making a reference to the original Request Form sent, and including a technical annex related



to the extension. The offer delivered by the supplier should contain the name of the person(s)

executing the service and price.

In the extension, the profiles, projects and tasks defined in the initial request form must

correspond.

Eurojust prepares the new Specific Contract

In case of non availability of the person for a future extension, the contractor has to inform

Eurojust as soon as possible.

If the initial person is no longer available and a suitable replacement is accepted by Eurojust,

the replacement conditions are applicable (including 10 days free of charge at the beginning of

the new specific contract).

4.2.2. Time & Means (TM) order process

4.2.2.1. Preparation of a request

The need for some Time & Means service arises in Eurojust. Eurojust prepares the

requirements/specifications.

Eurojust also specifies a date for which it would like to receive a proposal (typically at least 10

working days after the “Request date”). This date, by which Eurojust wishes to receive a proposal, is

referred to as the “Proposal date"

Result

Requirements

"Proposal date" is proposed

4.2.2.2. Sending of request form

Eurojust sends the Request for Proposal to the Contractor. The date on which Eurojust sends the

Request is referred to as the "request date".

Result

"Request date" is fixed

"Proposal date" is proposed

Request is sent

4.2.2.3. Request receipt confirmation

The Contractor receiving the Request acknowledges reception within 2 working days of the day the

Request was sent and confirms the proposal date.

Result Request confirmation of receipt sent within 2 working days of "request date"; “proposal date” fixed

Fault Not respecting the deadline by which the receipt confirmation must be sent

4.2.2.4. Presentation of the proposal

The Contractor sends a proposal containing a list of candidates, having the required profiles by the

"proposal date" to Eurojust. The candidate list will include for each candidate the name of the



candidate, the date that the candidate is available, the candidate's profile, whether the candidate is

offered via subcontracting, whether the candidate is permanent or non-permanently employed and

any other relevant information. The CV s of all candidates must be attached to the list. All candidates

on the list should be available for interviews in the 2 weeks following the sending of the candidate list.

Result List with proposed qualified candidates

Fault Not respecting the "proposal date"

4.2.2.5. Offer acceptance

The period after the "proposal date" can be used by the Contractor and Eurojust to organise meetings

to present and interview the persons proposed.

If Eurojust accepts a candidate from the list, Eurojust informs the Contractor indicating that the

candidate is accepted and is to be regarded as the basis for Specific Contract(s).

If the candidates on the list do not correspond to the requirements, Eurojust informs the Contractor

giving a justification that the candidates do not correspond to the requirements and will withdraw the

request.

Result Candidate(s) accepted.

4.2.2.6. Finalisation of the offer

The Contractor checks that the selected candidate is still available. If yes, the Contractor sends a

formal offer to Eurojust indicating the earliest date on which the candidate can start and the period of

validity of this offer.

If the selected candidate is no more available, the Contractor informs officially Eurojust about it. In

this case Eurojust may select another candidate from the initial list of candidates (the Contractor

cannot propose new candidates) or start the procedure again.

Result Formal offer with candidate(s) confirmed

4.2.2.7. Establishment of the Specific Contract

The Specific Contract is established based on the formal offer. It will include details of the work to be

carried out, the start date, the duration in days and any other relevant information.

Result Specific Contract signed

4.2.2.8. Execution of the Specific Contract

The task(s) as requested in the order is/are carried out by the Contractor under the technical

supervision of the Eurojust.

Result Successful completion of the task(s)

Fault The tasks are not completed

4.2.2.9. Work acceptance

The acceptance is based on the number of days performed by the Contractor's staff in accordance with

the T&M conditions.

Result The Contractor's invoice(s) are paid by Eurojust.

4.2.3. Fixed Price Orders



4.2.3.1. Specification

Fixed Price orders are executed outside Eurojust premises (i.e. off-site or extra muros). In a Fixed

Price order Eurojust specifies the deliverables corresponding to the work to be delivered with

expected delays.

The following conditions relating to fixed price orders apply:


Forms and associated annexes (specifications, work packages, deliverables, deadlines etc.).

The offer must include a technical analysis based on the requirements.

The offer must include a project plan. It has to indicate the proposed activities, the team

structure, profiles, roles, responsibilities and workload (person-days) of the different team

members.

A methodology agreed by Eurojust has to be used for the calculation of the workload of the

different tasks. Based on this, the financial offer must be based on the estimation of the

number of days for each activity.

Work is normally performed off-site, typically on the contractor's premises. The contractor

shall provide all necessary infrastructure on his premises for the successful execution of the

work (except for material, licenses or products not available on the market but that can be

provided by Eurojust during the time of the execution).

The deliverables must be on time, and conform to the specifications as described in the

Specific Contract.

The invoicing is based on the acceptance of the deliverables by Eurojust (and not on the

effective workload).

Technical interventions can be foreseen on Eurojust premises for specific tasks like

installations, configurations, acceptance tests, technical analysis or maintenance tasks.

Meetings at the location of delivery with members of the team can be required by Eurojust

without any additional cost to Eurojust.

A warranty applies to the deliverables accepted by Eurojust

4.2.3.2. Extension

Two cases are foreseen:

The initial request form contains a list of tasks (modules, work packages) corresponding to

deliverables. The contractor has given a proposal according to this request. The specific

contract may have covered only a part of the project corresponding to some deliverables. In

this case, Eurojust can conclude one or more new specific contracts for the remaining work

without having to send again a Request Form and follow the complete order cycle.

The new specific contracts have to cover tasks included in the initial request under the

conditions of the original offer. The technical annex could be updated if necessary, but the

global conditions (including defined deliverables and price) cannot be modified. The total



price of the project may not exceed the price quotation given in the initial offer (except for

indexation).

In case additional tasks are estimated necessary to complete the work on the same project and

in conformance with the initial request, extensions are possible for a maximum of 50% of the

amount of the accepted original proposal. In such case the Contractor provides a new offer for

the additional tasks described in a new technical annex prepared by Eurojust.

Typically each extension results in a new specific contract.

4.2.4. Fixed Price (FP) order process


The need for some Fixed Price service arises in Eurojust.

Eurojust prepares a document specifying the requirements/specifications

Eurojust also specifies a date for which it would like to receive a proposal (typically at least 10

working days after the “Request date”). This date, by which Eurojust wishes to receive a proposal, is

referred to as the “Proposal date"

Result

Requirements/Specifications;

The "Proposal date” is proposed.

4.2.4.2. Sending of request

Eurojust sends the Request to the Contractor. The date on which Eurojust sends the Request is

referred to as the "Request date".

Result

"Request date" is fixed.

"Proposal Date" is proposed.

Request and requirements/specifications dispatched.



Request was sent.

Result Request confirmation of receipt sent within 2 working days of "request date"; “proposal date” fixed

Fault Not respecting the deadline by which the receipt confirmation must be sent.


The Contractor delivers its final proposal by the agreed "proposal date".

Result Proposal submitted

Fault Not respecting the "proposal date".


Eurojust can ask the Contractor for clarifications about his proposal and the Contractor can make a

new proposal.



If Eurojust accepts the proposal, Eurojust informs the Contractor that the proposal is accepted and is

to be regarded as the basis for Specific Contract(s).

If Eurojust does not accept the proposal, Eurojust informs the Contractor with justification that the

offer cannot be accepted and will withdraw the request.

Result Proposal accepted.


The Contractor sends a formal offer in conformity with the proposal that has been accepted by

Eurojust (or confirms his proposal). The contractor indicates the period of validity of the offer.

Result: Formal offer


The Specific Contract is established based on the formal offer. The Specific Contract will include details

of the work to be carried out with the requested deliverables, the start date, the duration and any

other relevant information.

Result Specific Contract signed.


The project is worked on by the Contractor, in contact as required with Eurojust. The Contractor

provides the requested deliverables to Eurojust.

Result Successful completion of the project

Fault The deliverables are not provided on time.


The acceptance is based on the conformance of the deliverables with the specifications described in

the specific contract.

Result Accepted deliverables are paid by Eurojust after reception of Contractor's invoices.

Fault The deliverable(s) don't conform to the specifications.

4.2.5. Quoted Time & Means Orders

4.2.5.1. Specification

Quoted Time & Means orders are generally executed outside Eurojust premises (i.e. offsite or extra-

muros) In a quoted Time & Means order Eurojust specifies the different tasks to be executed.

The following conditions relating to Quoted Time & Means (QTM) orders apply:

Eurojust specifies the different tasks to be executed and a total number of days for activities or

profiles.

When the request corresponds to activities, Eurojust indicates the required activities with or

without individual numbers of days.

When the request corresponds to profiles, Eurojust may specify the required profiles and their

workload.




Forms and associated documents (e.g. technical annex with description of tasks, etc).

The offer must include a technical proposal based on the requirements.

The offer should detail the profiles, roles, activities, responsibilities and workload (activity

days or person-days).

The financial proposal has to be based on activities or profiles and their total workload.

Contractor's staff must match the requested profile description.

The contractor is not obliged to supply a list of CVs to Eurojust.

The work is normally performed off-site, typically on contractor's premises.

The contractor shall provide all necessary infrastructure on his premises for the successful

execution of the work (except for material, licenses or products not available on the market,

but that can be provided by Eurojust during the time of the execution).

The work is divided into various sub-tasks performed during the execution of the specific

contract. Eurojust will provide the contractor with a detailed description of each sub-task.

The contractor will send Eurojust a proposal for the execution of each subtask (including the

workload and time schedule) on the basis of a number of activity-days or person-days for the

corresponding activities or profiles.

When agreement with Eurojust has been reached, a form is signed by both parties. Only agreed

costs for the specified sub-tasks are chargeable, after acceptance by Eurojust.

Technical interventions can be foreseen on Eurojust's premises for specific tasks like

installations, configurations, acceptance tests, technical analysis or maintenance tasks.

Meetings at the location of delivery with members of the team can be required by Eurojust

without any additional cost to Eurojust.

The warranty applies to the sub-tasks accepted by Eurojust

4.2.5.2. Extension

For a "Quoted Time & Means" request, the Request Form covers the whole of the project and a Specific

Contract might be for the same number of days or for only a part of the project.

If the amount of days foreseen in the Request Form hasn't been covered completely by Specific

Contracts made, Eurojust can conclude another Specific Contract without having to send again

a Request Form and follow the complete order cycle. In this case an extension is done.

To make an extension for a Quoted Time & Means Specific Contract:

Eurojust checks if the number of days on the corresponding initial Request Form haven't been

used up yet. If they aren't, a new Specific Contract can be concluded on the basis of the initial

Request Form. If the number of days specified in the initial request form is exceeded, it is not

possible to request an extension and the normal procedure applies.

Eurojust asks an offer from the contractor for the period that they want an extension for,

making a reference to the original Request Form sent, and including a technical annex related



to the extension. A new task that was not included in the initial request form cannot be

introduced.

In the extension, the activities, profiles, projects and tasks defined in the initial request form

and the related offer must correspond.

Eurojust prepares the new Specific Contract

In case additional tasks are estimated necessary to complete the work on the same project and

in conformance with the initial request, extensions are possible for a maximum of 50% of the

volume of the accepted original proposal. In such case the Contractor prepares a new offer to

cover the additional tasks requested by Eurojust.

4.2.6. Quoted Time & Means (QTM) order process


The need for some Quoted Time & Means service arises in Eurojust.

Eurojust prepares the requirements / specifications.

Eurojust specifies a date for receiving a proposal from the Contractor. This date is referred to as the

"Proposal date". The time allowed to the Contractor should be at least 10 working days from the

“Request date”.

Result

Requirements

The "Proposal date" is proposed

4.2.6.2. Sending of request

Eurojust sends the Request to the Contractor. The date on which Eurojust sends the Request is

referred to as the "request date".

Result

"Request date" is fixed.

"Proposal Date" is proposed.

Request is dispatched.



Request was sent.

Result Request confirmation of receipt sent within 2 working days of "request date"; “proposal date is fixed.

Fault Not respecting the deadline by which the receipt confirmation must be sent.


The Contractor sends a proposal to Eurojust, respecting the "proposal date".

Result Proposal submitted

Fault Not respecting the "proposal date".




Eurojust can ask the Contractor for clarifications about his proposal and the Contractor can make a

new proposal.

If Eurojust accepts the proposal, Eurojust informs the Contractor that the proposal is accepted and is

to be regarded as the basis for Specific Contract(s).

If Eurojust does not accept the proposal, Eurojust informs the Contractor with justification that the

offer cannot be accepted and will withdraw the request.

Result Proposal accepted.


The Contractor sends a formal offer in conformity with the proposal that has been accepted by

Eurojust (or confirms his proposal). The contractor indicates the period of validity of the offer.

Result Formal offer


The Specific Contract is established based on the formal offer. The Specific Contract will include details

of the work to be carried out with the requested deliverables, the start date, the duration and any

other relevant information.

Result Specific Contract signed.


The task(s) are carried out by as defined by the QTM working method:

Eurojust provides the Contractor with a detailed description of a sub-task

The Contractor sent an offer for the execution of the subtask.

After agreement the sub-task is executed by the Contractor.

Result Successful completion of the sub-task(s)

Fault The sub-tasks are not successfully completed


The acceptance is based on the conformance of the deliverables with the specifications described in

the agreed sub-tasks.

Result Accepted deliverables are paid by Eurojust after reception of Contractor's invoices

Fault The deliverable(s) don't conform to the specifications.

4.3. Delivery of Services

4.3.1. Place of work

At the discretion of Eurojust and depending on the specific contract, the tasks may be performed:

At Eurojust premises (Maanweg 174, 2516 AB The Hague and Saturnusstraat 9, 2516AD The

Hague) and any other buildings that Eurojust uses during the performance of the contract (on-

site/intra-muros);

At the Contractor’s premises (off-site/ extra-muros);



Any other location. Occasionally Eurojust may request the consultant to deliver their services

in a location other than Eurojust premises or the Contractor`s premises. This will be treated as

on-site/intra muros. In addition, the consultant`s travel to and accommodation at the location

will be arranged and paid by Eurojust.

The personnel providing the service will use only the standard software packages in use at Eurojust or

the department concerned, and no other software may be installed or used without the written

authorisation of Eurojust.

In the case of extra muros work, the execution of the contract will be performed primarily at the

contractor's usual workplace. Project meetings are typically held in the locations of delivery

mentioned above. Deliverables have to be formally remitted at these locations. Travel costs to the

place of delivery are not reimbursed.

The contractor shall provide all deliverables in the form and format specified in the order and shall

guarantee their integration into the target informatics environment.

4.3.2. Working hours

For time and means delivery, a normal working day corresponds to 8 hours per day (40 hours per

week). The daily working time frame is between 8 am and 8 pm and the presence is normally required

between 9:00 and 12:00 and between 14:00 and 16:30 pm (16:00 on Friday).

In exceptional cases of extended services (e.g. continuous support service between 8:00 am. and 8:00

pm), specific time frames can be requested by Eurojust.

Eurojust may request delivery of services in extended working hours. For these situations, the

contractor will apply surcharges in addition to the applicable day rates.

The surcharges may not exceed the following values:

on normal working days before 8.a.m. and after 8 p.m.: 50 % of the corresponding hourly price

during normal working hours,

during weekends and holidays: 100 % of the corresponding hourly price during normal

working hours.

4.3.3. Training

As a rule, Eurojust will not take charge of the training of the contractor's staff.

In exceptional cases and on special request of Eurojust, staff working for a TM contract may follow an

informatics training course organised by Eurojust.

4.3.4. Security clearance

In some cases, when required by Eurojust's services for security reasons, Eurojust may ask from

contractors in a specific request that they agree to a security clearance of the staff involved for the

provision of certain services. This will be considered as a specific requirement for a specific project,

and not influence the other conditions.

When requested by Eurojust, the consultant(s) shall obtain a security clearance issued by the

competent national authority of his home country. Please note that any financial costs arising from

a security clearance procedure shall be borne by the contractor.



4.4. Status, Conduct and Confidentiality

Status

The consultant(s), as non regular external personnel, shall under no circumstances be considered or

treated as Eurojust staff, i.e. having the status of Eurojust staff and subject to the Staff Regulations of

Officials and/or the Conditions of Employment of Other Servants of the European Communities

applicable to Eurojust, or Seconded National Experts (national or international civil servants who are

working temporarily for Eurojust under the rules applicable to such experts). There shall be no

subordinate link between Eurojust and the contractors’ consultant(s). Eurojust may under no

circumstances be considered to be the consultants’ employer and said consultants shall undertake not

to invoke in respect of Eurojust any right arising from the working relationship between Eurojust and

the contractor.

Conduct

The consultant(s) shall be required to conduct themselves and perform their work in an impartial way

and ensure that the operation for which they are responsible is properly prepared and conducted,

provide high-quality work and adhere to the code of practice of the firm, profession or professional

body to which they belong.

Confidentiality – Data protection

Eurojust has stringent security requirements, both with respect to personnel and data protection. The

consultants shall be made aware of and respect the rules of confidentiality applying to Eurojust

(article 25 of the Eurojust Decision), security and the processing of personal data by application of the

rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No

C 68 of 19.3.2005, p.1 (the “Eurojust Data Protection Rules”).

Strictest confidentiality shall be required. Any breach of confidentiality could result in termination of

the Contract and individuals and/or contractor subject to damages. The contractor and each

consultant shall be required to sign a confidentiality declaration with Eurojust.

4.5. Liquidated Damages

Liquidated damages, as defined in article II.4 of the General conditions of the Model Contract, are

applicable when the contractor fails to meet its contractual obligations.

In the case of Fixed Price projects, Eurojust may claim the payment of liquidated damages in case the

contractor fails to provide on time the deliverables conform to the specifications. In this case, the

contractor shall pay, upon claim by Eurojust, liquidated damages of 1 % of the total amount of the

order form per day of delay.

4.6. Validity and Review Process

The present document will provide the basis for the "Service Level Agreement" (SLA) for the future

contract. The resulting SLA will be part of the Framework Contract. It will be applicable from the

signature of the framework contract to its end and the end of all specific contracts signed under the

framework contract.



During the life of the Framework Contract, Eurojust may propose changes in the Service Level

Agreement. These changes cannot be in contradiction with the contract itself. Their purpose is to

clarify or help the execution of the contract. They will need the agreement of the contractor. After

approval, a new version will be signed by both parties and incorporated into the Framework Contract

by way of an amendment.

4.7. Reporting

The contractor shall provide monthly reports to the responsible service manager at Eurojust.

The reports, with complete and accurate information at the end of the previous month, shall be

delivered at the latest on the 16th of the ongoing month.

The monthly report will at least include:

A summary of the activities;

Data on the request processing and specific contracts from the start of the framework

contract;

The risks identified and the problems encountered.

4.8. Service Meetings

On request of Eurojust or the contractor, follow-up meetings between Eurojust's service manager /

contract manager and the contractor's contract manager / contact person will take place at Eurojust

premises

The meetings will be held monthly, quarterly or annually depending on the volume of the activities.

When necessary, special meetings on a particular subject related to the execution of the contract will

be requested by Eurojust or the contractor.

4.9. Risk and Problem Management

The contractor shall report it to Eurojust service manager when any risk of technical nature is

identified that may compromise the delivery of the service. If the identified risks are of financial or

contractual nature, the contractor shall report to the contract manager.

Examples of risks are:

Lack of staff resources for the execution of the contract;

Lack of correct infrastructure for the execution of the contract;

Lack of security;

Lack of knowledge or experience in specific domains;

Contractual problems with partners or subcontractors;

Change in the ownership or business activities of the company;

Request does not conform to the contract;

Request procedure not followed;



Non availability of the person at the start of the specific contact;

Planned absence during the execution of the contract;

Necessary replacement;

Expected delivery delays;

Necessary infrastructure not available;

Sub-tasks not conform to the specific contract.

For each risk identified, the contractor shall inform Eurojust of the strategy, actions or contingency

plan he will put in place.

If a service management problem occurs (for example, no response to the requests, incorrect

reporting, leaving of staff, delays in invoicing), the contractor shall report to Eurojust about the

measures he will put in place to solve the problem (including the delays). Eurojust will monitor the

progress made by the contractor. Non respect of service performance quality will be treated as

problems monitored by Eurojust with the contractor

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