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Page 1 of 49 UNCLASSIFIED GSA/OP/01/17 Annex I - Tender Specifications GSA/OP/01/17 “General ICT Support to the GSA” Annex I to Invitation to Tender Tender Specifications’ (Applicable to Lot 1 and Lot 2) Ref: GSA 231664 Issue: 1.0 Date: 29/07/2017

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Page 1: GSA/OP/01/17 General ICT Support to the GSA”€¦ · GSA/OP/01/17 services in Lot 2. For Lot 1, the services will be provided at the GSA HQ in Prague, Czech Republic and at the

Page 1 of 49

UNCLASSIFIED

GSA/OP/01/17 Annex I - Tender Specifications

GSA/OP/01/17

“General ICT Support to the GSA”

Annex I to Invitation to Tender

‘Tender Specifications’

(Applicable to Lot 1 and Lot 2)

Ref: GSA 231664

Issue: 1.0

Date: 29/07/2017

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UNCLASSIFIED

GSA/OP/01/17 Annex I - Tender Specifications

Index

1 OVERVIEW ................................................................................................................................................... 4

1.1 CONTEXT OF THE TENDER ......................................................................................................................... 4

1.2 OUTLINE OF THE TENDER AND PROCEDURAL PROCESS .............................................................................. 4

1.3 PURPOSE OF THE CONTRACT ..................................................................................................................... 6

1.4 DIVISION INTO LOTS .................................................................................................................................. 7

2 TERMS OF REFERENCE ........................................................................................................................... 7

2.1 APPLICABLE LEGAL ACTS ......................................................................................................................... 7

2.2 TECHNICAL TERMS OF REFERENCE ........................................................................................................... 9

2.2.1 Technical Description ...................................................................................................................... 9

2.2.2 Supplementary activities .................................................................................................................. 9

2.2.3 Contract Management & Administration ......................................................................................... 9 2.2.3.1 General Requirements .................................................................................................................................. 9 2.2.3.2 Specific Requirements for managing the service provision .......................................................................... 9

2.2.4 Minimum requirements (for both lots) ........................................................................................... 10

2.3 LEGAL AND CONTRACTUAL TERMS OF REFERENCE ................................................................................. 10

2.3.1 Form of contracts ........................................................................................................................... 10

2.3.2 Place of performance ..................................................................................................................... 11

2.3.3 Volume of the contract ................................................................................................................... 11

2.3.4 Duration ......................................................................................................................................... 11

2.3.5 Language of the contract ................................................................................................................ 11

2.3.6 Subcontracting ............................................................................................................................... 11

2.3.7 Participation of consortia .............................................................................................................. 12

2.3.8 Participation conditions ................................................................................................................. 13

2.3.9 Confidentiality, Conflicts of Interest, Security Requirements, Personal Data Protection

Management ................................................................................................................................................... 13 2.3.9.4 Security Convention for Remote Access to the GSA IT Systems ............................................................... 15 2.3.9.5 Personal Data Protection Management under the FWC .............................................................................. 15

2.3.10 Access to GSA premises ................................................................................................................. 16

2.3.11 Illegal labour .................................................................................................................................. 16

3 ASSESSMENT OF TENDERS ................................................................................................................... 17

3.1 EXCLUSION CRITERIA .............................................................................................................................. 17

3.2 SELECTION CRITERIA .............................................................................................................................. 17

3.2.1 Legal capacity ................................................................................................................................ 17

3.2.2 Economic and financial capacity criteria both Lots ...................................................................... 18

3.2.3 Technical and professional capacity criteria ................................................................................. 19

3.3 AWARD CRITERIA .................................................................................................................................... 21

3.3.1 Qualitative Award Criteria ............................................................................................................ 22

3.3.2 Financial Award Criteria ............................................................................................................... 25 3.3.2.1 Calculation of final score and ranking of tenderers .................................................................................... 25

4 CONDITIONS OF SUBMISSION OF TENDERS ................................................................................... 26

4.1 DISCLAIMER ............................................................................................................................................ 26

4.2 VISITS TO GSA PREMISES ....................................................................................................................... 26

4.3 VARIANTS ............................................................................................................................................... 26

4.4 PREPARATION COSTS FOR THE TENDER ................................................................................................... 26

4.5 FORM AND CONTENT OF THE TENDER TO BE SUBMITTED ......................................................................... 26

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GSA/OP/01/17 Annex I - Tender Specifications

4.5.1 Submission requirements ................................................................................................................ 26

4.5.2 Structure of tender .......................................................................................................................... 27

4.5.3 Administrative file .......................................................................................................................... 27

4.5.4 Technical offer ............................................................................................................................... 27

4.5.5 Financial offer ................................................................................................................................ 28 4.5.5.1 Prices .......................................................................................................................................................... 28 4.5.5.2 VAT exemption .......................................................................................................................................... 29 4.5.5.3 Currency and exchange rates ...................................................................................................................... 29

4.6 PRESENTATION OF THE TENDER .............................................................................................................. 29

4.7 SUBMISSION ............................................................................................................................................ 32

4.8 OPENING OF THE TENDERS ...................................................................................................................... 32

4.9 PERIOD OF VALIDITY OF THE TENDERS .................................................................................................... 33

4.10 CONTACT WITH TENDERERS .................................................................................................................... 33

4.11 INFORMATION ON THE OUTCOME OF THE PROCEDURE ............................................................................. 33

4.1 PERSONAL DATA PROTECTION SPECIFIC TO THE TENDER PROCESS .......................................................... 34

5 LIST OF ACRONYMS AND ABBREVIATIONS USED ........................................................................ 36

6 LIST OF ANNEXES .................................................................................................................................... 37

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1 Overview

The present specifications are attached to the invitation to tender and are intended to complement the

information contained in the Contract Notice 2017/S144-296309 providing to the tenderers further

information on the procurement procedure and elements to allow them to prepare for the procurement

process.

1.1 Context of the tender

The European GNSS Agency (hereinafter ‘GSA’, ‘the Agency’ or ‘Contracting Authority’) is the Agency established by the European Union to accomplish specific tasks related to the European GNSS (Global Navigation Satellite Systems - EGNOS and GALILEO) programmes. Along with the Agency’s core tasks, related to the promotion, marketing and security of the programmes, the European Commission has delegated a range of tasks to the GSA related to the exploitation of Galileo and EGNOS as well as the management of GNSS-related R&D funds. Further information can be found on the Agency’s web site at http://www.gsa.europa.eu/. The contracts signed as result of this tender will support needs of GSA ICT department which is responsible for the Management of the Information and Communication Systems. Main task of GSA ICT department are:

Supporting the business needs of the Executive Director and operational departments from a technical and organisational standpoints.

Planning and management of the implementation, operation, development, optimisation and maintenance of the Information and Communication Technologies (ICT) infrastructure.

Coordinating the development, maintenance, optimisation and implementation of internal administrative procedures and supporting document management and archiving.

Ensuring administrative procedures are synchronised with information systems in order to maximise the benefits of using modern technologies and the overall efficiency and performance of the Agency.

1.2 Outline of the tender and procedural process

Name: GSA/OP/01/17 - “General ICT Support to the GSA”

Procedure: Open procedure in accordance with Article 127(1)(2) RAP1 for procurement of services

with a single framework service contracts for 2 (two) lots.

The GSA reserves the right to launch an exceptional negotiated procedure for new services with the same

Contractor in case of need, as foreseen in Art. 134(1)(e) RAP.

It is important to note that:

1 COMMISSION DELEGATED REGULATION (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No

1268/2012 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

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The tenders will have to fulfil the conditions of submission set out in section 4 of these tender specifications.

Any attempt by tenderer to obtain confidential information or enter into any arrangement aimed at distorting competition directly or indirectly or unduly influence the decision-making process of the Contracting Authority will lead to the rejection of his tender and may result in administrative penalties.

When drawing up the tender, tenderers should keep the provisions of the draft framework contract (see Annex II to the Invitation to Tender) in mind. In particular, the draft framework contract indicates the method and the conditions for payments to the contractor.

Tenderers will be required to accept all the terms and conditions set out in the Invitation to Tender, tender specifications & draft framework contract and, where appropriate, waiver of the tenderer’s own general or specific terms and conditions.

The terms and conditions set out in the Invitation to tender, tender specifications and draft contract shall be binding on the tenderer to whom the contract is awarded for the duration of the framework contract.

Independence and impartiality are important for the activities to be performed. The tenderer will have to prove its absence of conflict on interests, including but not limited to the case of involvement (previous or current) in the Galileo/EGNOS programmes, by signing the Declaration of Honour (Annex I.E of the tender specifications), where it should declare absence of conflict of interests at the time of tender submission, and a proposed operational structure to monitor and deal with potential and actual conflict of interest in the future, as specified in sections 2.3.9.2 and

3.2.3 and Article I.10 of the framework contract.

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The following schedule is expected to be followed in this procurement procedure:

TIMETABLE

Date Comments

Launch of tender 19/7/2017 After publication in the OJ, all documents available

at: http://www.gsa.europa.eu/gsa/procurement

Deadline for request

of clarifications to

GSA

28/9/2017 Requests to be sent in writing only to:

[email protected]

clearly quoting the reference number of

procurement procedure

Last date on which

clarifications are

issued by GSA

02/10/2017

All clarifications will be published at: http://www.gsa.europa.eu/gsa/procurement

Economic operators are advised to check this

webpage on a regular basis for possible updates

and/or clarifications.

Deadline for

submission of

tenders

09/10/2017 According to conditions for submission under

Section Error! Reference source not found. of these

specifications

Opening session 16/10/2017 Lot 1: 10h00 (local time) in GSA premises in Prague, Czech Republic

Lot 2: 11h00 (local time) in GSA premises in Prague, Czech Republic.

Completion date for

evaluation of

tenders

November 2017 Estimated

Award decision and

information November 2017 Estimated

Signature of

contracts December 2017 Estimated

1.3 Purpose of the contract

The purpose of this Invitation to Tender is to establish a set of 2 (two) framework contracts (one per lot) for the provision of general technical IT support to the GSA under Lot 1, and software development

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services in Lot 2. For Lot 1, the services will be provided at the GSA HQ in Prague, Czech Republic and at the GSMC site in Saint-Germain-en-Laye, France. Short term mission may also be requested to other current or future GSA sites. For details refer to Annexes I.D.1 and I.D.2 including the terms of references for the two lots.

1.4 Division into lots

Taking into account the different nature and objectives of the activities to be performed, the framework contract is divided into 2 (two) lots as follows:

Lot 1: “General IT Services Support” as defined in Annex I.D.1;

Lot 2: “General Software Development” as defined in Annex I.D.2. Tenderers may bid for one or both lots, but must make a separate offer for each lot, as lots will be evaluated separately.

2 Terms of Reference

2.1 Applicable Legal Acts

Participation in the tender is subject to applicable legal restrictions and obligations. The reference documents include:

REGULATION (EU) No 1285/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council2;

REGULATION (EU) No 912/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22

September 2010 setting up the European GNSS Agency3 as amended by Regulation (EU) No 512/2014

of 16 April 20144.

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 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 data5.

The procurement procedure will be carried out in accordance with the rules of:

European GNSS Agency Financial Regulation and its Implementing Rules 2014 adopted by its Administrative Board on 25 April 2014;

COMMISSION DELEGATED REGULATION (EU) No 1271/2013 of 30 September 2013 on the framework Financial Regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council6;

2 OJ L 347, 20.12.2013, p. 1 3 OJ L 276, 20.10.2010, p. 11 4 OJ L 150, 20.5.2014, p. 72 5 Or any legislative act amending, repealing or replacing this Regulation 45/2001.

6 OJ L 328, 7.12.2013, p. 42

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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 1605/20027 as amended by Regulation (EU, Euratom) No 2015/1929 of 28 October 20158;

COMMISSION DELEGATED REGULATION (EU) No 1268/2012 of 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 Union9 as amended by Commission Delegated Regulation (EU) 2015/2462 of 30 October 201510.

In the general implementation and for the processing of tendering procedures in particular, regarding confidentiality and public access to documents, the following rules shall be observed:

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 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, and;

Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.

GSA Internal Rules relevant to the execution of the FWC will be made available to the contractor after the signature of the FWC.

IMPORTANT NOTE: Beyond the legal acts listed above, it shall be the Contractor’s duty and corresponding sole responsibility to comply and ensure full compliance with all applicable laws of any part of performance under the framework contract contemplated to be awarded as a result of the current procedure. Accordingly, the winning tenderer / contractor shall in particular hold the GSA harmless from any third party claim as may arise from or in connection with the contract or its implementation on grounds or argument of employment. It shall be the contractor’s sole responsibility to ensure that its service providing personnel under the framework contract understand that they are not employed by the GSA and shall not interpret any part of their services to the GSA as creating any employment relationship between them and the GSA. The contractor shall immediately notify the GSA of any other circumstances that might give rise to claims against the GSA on the part of contractor’s service providing personnel related to status of employment. In any event the contractor shall take all measures to prevent such claims from arising and shall hold the GSA harmless of any such claim.

In order to neutralise advantages for economic operators previously involved in the provision of consultancy services to GSA in the ICT area, GSA is requesting and will evaluate proposals based on simulation exercises for tasks which have not been subject of previous GSA contracts.

7 OJ L 298, 26.10.2012, p. 1 8 OJ L 286/1 of 30.10.2015 9 OJ L 362, 31.12.2012, p. 1 10 OJ L 342/7 of 29.12.2015

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2.2 Technical Terms of Reference

2.2.1 Technical Description

Detailed technical description of the tasks for each of the lots is provided in Annex I.D.1 and Annex I.D.2.

2.2.2 Supplementary activities

In duly justified circumstances, the contracting authority may consult in writing the

contractor, requesting it to supplement its tender, provided the specification used for setting up the FWC

shall not be substantively changed. Specific contracts shall be established on the basis of the unit prices

indicated in the offer (Annex II.II to the framework contract), however, the GSA may request the

contractor to propose supplementary services and/or supplies of the same type as those listed in the

tender. The supplementary elements may not depart from the essential terms fixed in the framework

contract and may be requested only if they are absolutely necessary for the execution of the request for

services. Supplementary elements will be ordered on the basis of a quote provided by the contractor which

shall require prior approval by the GSA.

2.2.3 Contract Management & Administration

2.2.3.1 General Requirements

The contractor shall nominate a contract focal point/administrator who shall be responsible for the overall

management/administration of the contract including formal communication with the GSA, organisation

of work of the assigned persons, giving instructions and forwarding GSA work requests , ensuring proper

management of time sheets and activity reporting, invoicing etc.

The nominated focal point/administrator shall be able to communicate fluently in the English language

(B2 level according to Europass CV categorisation11). All documents and forms in communication with the

GSA must be in English.

The contractor shall provide a single e-mail address and phone number via which all communication

to/from the GSA for implementation of the contract shall be channelled.

The contractor shall ensure that all services are executed with a customer-oriented approach that services

are available on time and deliverables are provided within the set deadlines.

2.2.3.2 Specific Requirements for managing the service provision

The contractor shall ensure a continuous provision of services at the sites mentioned in section 2.3.2 of

these tender specifications as may be requested in the specific contracts.

The contractor shall ensure that the requested services are always provided at the required level of

proficiency as generally described in these tender specifications, ensuring service continuation. The

contractor shall provide the GSA with the CVs and supporting documents of any of the contractor’s staff

providing services under the contract.

11 https://europass.cedefop.europa.eu/

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If, during the framework contract term, staff of the contractor who was designated to perform services

becomes unavailable as to potentially affect the continuation of the services and in particular the

submission of deliverables, the contractor shall provide replacement with expertise and experience

equivalent to the respective staff at shortest possible notice, providing the respective CV and supporting

documents proving equivalent experience and expertise.

The contractor shall take care to avoid any impression to its staff or towards third-parties that the GSA

may function as employer of the staff performing the services under the contract. The contractor shall

ensure that instructions and requests by the GSA concerning the performance of services are always

communicated through the designated point of contact and that providers of services under the contract

shall not take part in activities and events of GSA staff such as but not limited to team trainings, staff

meetings etc.

2.2.4 Minimum requirements (for both lots)

As per Article 104 FR, the Contracting Authority shall indicate which elements define the minimum

requirements to be met by all tenders.

Those minimum requirements are the following:

Ref. # Minimum requirement To be evidenced by Applicable to

M1 Tenders must be able to provide

service in the Czech Republic.

Duly filled and signed declaration in Annex I.N.

Consortium as a whole

M2 Tenderers shall comply with

applicable obligations in the fields of

environmental, social and labour law

established by European Union law,

national law and collective

agreements or by the international

environmental, social and labour law

provisions listed in Annex X of

Directive 2014/24/EU.

Duly filled and signed declaration in Annex I.N.

Each consortium member

As per Article 111 of the FR, tenders which do not comply with all the minimum requirements shall be

rejected.

2.3 Legal and Contractual terms of reference

2.3.1 Form of contracts

The aim of this procurement is to award two single supplier framework contracts (one for each Lot) for the

provision of services described in the present tender specifications.

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A single framework contract is a framework contract concluded between the Contracting Authority and a

single economic operator (or consortium). Following signature of the framework contract, the GSA may

issue specific contracts depending on the specific needs. The services requested will be subject to specific

contracts and involve the tasks detailed in the terms of reference for the relevant specific contract.

Signature of the framework contracts imposes no obligation on the GSA to purchase and the contract value

per lot is an estimate ceiling for purchase of services under each contract.

When drawing up their tenders, tenderers should bear in mind the draft framework contract (Annex II to

the Invitation to Tender).

2.3.2 Place of performance

The place of performance of the tasks shall be the GSA’s premises, unless agreed otherwise between the

contractor and the GSA. Main place of service provision shall be at the GSA headquarters in Prague, Czech

Republic, and GSMC site in Saint-Germain-en-Laye near Paris, France.

Services may further be requested at Nordwijk, the Netherlands, Madrid, Spain, the GSMC site in

Swanwick, UK and other sites in the form of occasional short-term missions. Only costs and expenses

incurred in such short term missions shall be reimbursed in accordance with the Missions rules applicable

to the GSA at the time of the mission (ref. Annex II.VI of the framework contract).

2.3.3 Volume of the contract

The indicative budget estimated for the maximum duration of the framework contracts (including

extension of the initial duration up to a total of four years) is:

For Lot 1: 6,000,000 EUR (six million Euro)

For Lot 2: 2,500,000 EUR (two million five hundred thousand Euro).

This budget is only indicative; it will be subject to budget allocations given to the GSA.

2.3.4 Duration

The framework contract is intended to be signed for an initial period of one year. It shall be automatically

renewable up to three times for a total maximum duration of four years under the same conditions, unless

written notification to the contrary is sent by the Contracting Authority. The maximum duration of the

framework contract is 48 (forty-eight) months.

2.3.5 Language of the contract

The working language of the contract shall be English with application of further requirements as specified

in these tender specifications.

2.3.6 Subcontracting

The contractors will be able to call on subcontractors to provide specific expertise and know-how.

However, the contractors will remain the sole partner and person legally and financially responsible vis-à-

vis the GSA.

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Particular attention will be paid to the approach proposed by the contractors for the management of their

subcontractors.

The tenderer must indicate clearly in the Cover Letter of its tender which parts of the work will be sub-

contracted and to what extent (proportion in %). Sub-contractors must not sub-contract further.

Sub-contractors must satisfy the eligibility criteria applicable to the award of the contract.

If the identity of the intended sub-contractor(s) is already known at the time of submitting the tender,

tenderer must furnish a statement guaranteeing the eligibility of the sub-contractor. The sub-contractor

shall further submit a declaration of intent (ref. Annex I.J – Subcontractor Letter of Intent) ensuring its

support and availability to the tenderer if awarded the respective contract.

The tenderer shall present the name, contacts and legal representatives of the proposed subcontractors.

If the identity of the sub-contractor(s) is not known at the time of submitting the tender, the tenderer who

is awarded the contract will have to seek GSA’s prior written authorisation before entering into a sub-

contract.

IMPORTANT NOTE: In case the tenderer relies on a subcontractor to fulfil specific selection criteria, i.e.

capacity requirements, it has to mention that subcontractor already clearly in the tender, accompanied

with the subcontractor letter of intent (Annex I.J).

Where no sub-contracting is indicated in the tender the work will be assumed to be carried out directly by

the tenderer.

2.3.7 Participation of consortia

Consortia may submit a tender on the condition that it complies with the rules of competition.

A consortium may be a permanent, legally-established grouping or a grouping which has been constituted

informally for a specific tender procedure.

Such grouping (or consortium) must specify the company or person heading the project (the leader), which

is the sole point of contact, and must also submit necessary, relevant document(s) proving authorisation

of this legal entity to (i) submit a tender on behalf of the consortium, and (ii) sign the ensuing contract in

case of award on behalf of the consortium.

All members of a consortium (i.e. the leader and all other members) are jointly and severally liable to the

Contracting Authority.

In addition, each member of the consortium must provide the required evidence for the exclusion and

selection criteria (see section 3.1 and 3.2 of these tender specifications). Concerning the selection criteria

“economic and financial capacity” as well as “technical and professional capacity”, the evidence provided

by each member of the consortium will be checked to ensure that the consortium as a whole fulfils the

criteria.

The participation of an ineligible person will result in the automatic exclusion of that person. In particular,

if that ineligible person belongs to a consortium, the whole consortium will be excluded.

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2.3.8 Participation conditions

Participation in this procurement procedure shall be open on equal terms to all economic operators

(natural and legal persons) established in the territory of the Member States of the European Union and

to all economic operators established in a third country which has a special agreement with the EU in the

field of public procurement, when applicable to the Agency, under the conditions laid down in that

agreement. It shall also be open to international organisations.

Economic operators referred to above are considered established in the EU when they are formed in

accordance with the law of an EU Member State, and have their central administration / registered office

/ principal place of business in an EU Member State (if legal persons) or they are nationals of one of the

EU Member States (if natural persons).

Tenderers shall clearly indicate in Annex I.A their place of establishment and present supporting evidence

applicable under the law of the country in which the tenderer declares to be established.

2.3.9 Confidentiality, Conflicts of Interest, Security Requirements, Personal Data Protection

Management

2.3.9.1 Confidentiality

The tenderers undertake to treat in the strictest confidence and not make use of or divulge to third party

any information or documents which are linked to the procurement process and/or the performance of

the framework contract. The contractor shall continue to be bound by this undertaking after completion

of the tasks for a period of 10 years.

Tenderers are requested to submit with their tender an NDU duly signed (Annex I.K) by all entities included

in the tenderer’s organisation (all consortium members and any proposed subcontractors).

The tenderer shall further be ready for his service personnel to provide a written statement 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 any third party

any document or information not available publicly, even after completion of the tasks.

The contractor shall ensure that contractor’s staff involved in the execution of the tasks under this contract

sign and be bound by the specific and personal undertakings set out in the declaration under Annex II.IV

to the framework contract (Annex II to the Invitation to tender).

The contractor shall ensure that contractor’s staff involved in the handling and production of

documents/information classified up to SECRET UE/EU SECRET sign and be bound by the specific and

personal undertakings set out in the declaration under Annex II.V to the framework contract (Annex II to

the Invitation to tender).

2.3.9.2 Conflicts of interests

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In addition to signing the Declaration of Honour provided as Annex I.E tenderers are required to provide

in its tender a presentation of operational structure, mechanisms and measures that shall be put in place

for monitoring the absence of conflict of interests and manage their possible occurrence during the

execution, in compliance with GSA policy on prevention and management of conflicts of interest for staff

and third parties working for the GSA (Annex II.VIII of the framework contract), which is evaluated as an

award criterion.

Upon assessment by the GSA of the above documents the GSA may exclude any tenderer who did not

present the required declarations or submitted presentation regarding the way of dealing with conflict of

interests, which was considered insufficient, inadequate or irrelevant.

For each specific contract, the contractor must propose the personnel involved in the tasks. The

contractor’s personnel proposed may be rejected on the basis of conflict-of interest.

In order to prevent conflict of interest’s contractors shall be required to include in each specific contract

proposal the presentation of personnel and mechanisms for monitoring and managing the conflict of

interests during the execution of the specific contract, which shall be assessed.

As part of contractor’s specific offers, signed declaration(s) of confidentiality and absence of conflict of

interests shall be provided to the GSA, as per the forms attached to the framework contract (provided for

information on the understanding that such form is liable to evolve and possibly cover additional aspects

from time to time). Declarations shall be signed by every dedicated expert proposed to be assigned to

tasks under the related specific contract (and shall not in any way relieve the contractor from any of its

obligations).

Please note that tenderers are not requested to provide such signed annexes at the time of submission of

the tender.

2.3.9.3 Security requirements

The contractor shall commit towards the Agency to ensure through adequate arrangements with its

service providing personnel that they are bound to follow any security rules as may be set by the Agency

from time to time for anyone entering into or staying in the premises of GSA – any such rules shall be

provided to the contractor.

The security principles contained in Commission Decision 2015/444/EC, as last modified, shall govern the

execution of the activities under the framework contract. They are supplemented by other Commission’s

rules as well as the GSA rules and requirements as necessary more specifically with regard to contractor's

staff and way of working.

If required, the activities under the framework contracts may entail the handling and production of

documents/information classified up to RESTREINT UE/EU RESTRICTED.

Contractor’s staff involved in the handling and production of documents/information classified up to

RESTREINT UE/EU RESTRICTED shall:

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be identified individually;

hold the necessary personal security clearance;

enter into the specific confidentiality undertakings identified below;

Observe the specific rules for accessing classified areas, as communicated by the Agency.

2.3.9.4 Security Convention for Remote Access to the GSA IT Systems

Contractor will have to sign and respect “Security Convention for Remote Access to the GSA Information

Systems” (Annex I.M to the Tender Specifications).

2.3.9.5 Personal Data Protection Management under the FWC

The Contractor will have to respect and implement the personal data protection rules (in the sense of

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 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 data12) as the data processor.

The tenderer (for any lot) is requested to make a personal data management proposal (as part of Technical

Proposal) explaining and substantiating how, as the Contractor, it is intending to tackle the matter

throughout the lifetime of the Contract.

The proposal should include:

(i) analytical approach on personal data criticalities relevant to the Lot applied for, notably

considering (at least) the mechanism of management of different data retention periods and

mechanism of access to personal data by users;

(ii) plan to ensure thorough awareness and implementation skills amongst its staff;

(iii) plan for ex ante detection and notification of the GSA of any new personal data processing

operations;

(iv) explanation of intended approach of implementing personal data protection articles of the

draft FWC –I.19 and II.6 (especially II.6.4, II.6.5 and II.6.6), annexes of the FWC (declarations

aimed at Contractor’s staff) and sections pertaining to personal data protection in the

Technical Terms of Reference relevant to the Lot applied for.

(v) in depth analysis of implications of articles 22 (security of processing) and 23 (processing of

personal data on behalf of controllers) of the Regulation 45/2001.

12 Or any legislative act amending, repealing or replacing this Regulation 45/2001.

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2.3.10 Access to GSA premises

Access to GSA premises implies the acceptance by the contractor or any subcontractor to comply with the

GSA’s internal security and safety rules.

2.3.11 Illegal labour

The tenderer shall acknowledge that personnel providing services to the GSA or Commission under the

contract to be signed is not meant to replace GSA or Commission staff. Services to be performed shall be

provided for providing expertise and assistance not available in-house - a duplication of tasks is not

intended and shall be avoided.

Any contractor’s staff working at GSA and Commission premises shall remain fully under the responsibility

of the contractor’s control and responsibility as employer– any working area at the GSA and Commission

site is purely provided for ease of service provision and not replacing the personnel’s workplace with

his/her employer.

GSA will not directly instruct the contractor's staff dedicated for the performance of

the services.

Should the tenderer be awarded the contract, the tenderer shall acknowledge that the contract to be

signed is (i) not meant to establish any employment relationship between the GSA

and the tenderer's personnel performing the services and (ii) shall not be permitted to be interpreted as

establishing such a relationship.

In this respect, should the tenderer be awarded the contract, it shall take all measures to ensure this

understanding with its personnel and shall indemnify and hold the GSA harmless against any claim which

the GSA would face in this respect.

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3 Assessment of tenders

The evaluation is based solely on the information provided in the submitted tender. It involves the

following:

1. Verification of non-exclusion of tenderers on the basis of the exclusion criteria;

2. Selection of tenderers on the basis of selection criteria verifying the (a)the legal and regulatory

capacity, (b) the technical and professional capacity; and (c) the economic and financial capacity

of each tenderer;

3. Verification of compliance with the minimum requirements.

4. Evaluation of tenders on the basis of the award criteria.

For each lot, a single framework contract will be concluded with the tenderer ranked best as the result of

the evaluation of admissible tenders.

3.1 Exclusion criteria

Participation in this tender is only open to tenderers (all entities involved, including sub-contractors) who will be able to sign the Declaration of Honour (Annex I.E). Failure to do so will lead to exclusion from the procurement process.

Before the signature of contract the successful tenderer will have to submit supporting documents to the Declaration of Honour (listed therein).

3.2 Selection criteria

Tenderers must have the legal and regulatory capacity, the economic and financial capacity as well as the technical and professional capacity to perform the tasks required in this call for tender.

The tenderer may rely on the capacities of other entities, but must indicate in its tender the proportion of the contract that it intends to subcontract.

Tenderers must sign the declaration of honour on exclusion criteria and selection criteria (Annex I.E to this document).

In case of joint tender, each member of the group must provide a declaration on honour and submit

documentary evidence.

3.2.1 Legal capacity

In order to fulfil the professional activity, the Contracting Authority requires the tenderer to fulfil the below

requirements. Criterion L1 shall apply to both lots.

Ref.

#

Legal and regulatory

capacity

To be evidenced by Applicable to

L1. Tenderers must be

authorised to perform the

A duly filled in and signed Legal Entity Form (see Annex I.B) alongside a copy of the trade or professional register excerpt of the entity and the supporting

Tenderers (including

all consortium

members and any

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Ref.

#

Legal and regulatory

capacity

To be evidenced by Applicable to

framework contract under

the national law.

documents required in the form, i.e. copy of the value added tax (VAT) registration document.

Where a tenderer has already signed

another contract with the GSA or

applied in a GSA procurement, it may

provide instead of the legal entity file

and its supporting documents a copy of

the legal entity file provided on that

occasion or refer to it, unless a change

in its legal status occurred in the

meantime or the legal entity file or its

supporting documents are older than

one year.

proposed sub-

contractors

individually).

3.2.2 Economic and financial capacity criteria both Lots

The tenderer (all legal entities belonging to a consortium) must demonstrate the financial and economic

capacities required for performance of the contract. Criteria F1 and F2 shall apply to all lots..

Ref. # Economic and financial

capacity

To be evidenced by Applicable to

F1. The tenderer must be in a stable financial position and have the economic and financial capacity to perform the framework contract.

Duly filling in, signing, dating and submitting the template financial statements form relating to selection stage, as per the template provided in Annex I.F.

Submitting a full copy of the tenderer’s

annual accounts (balance sheet, profit

and loss account, notes on the accounts

and auditors' remarks when applicable

(with reference to Annex I.F)

Tenderers (each

consortium member

individually)

F2. The tenderer is

expected to prove

minimum general yearly

turnover over the last 3

(three) years of :

Submitting a statement of overall

turnover and turnover relating to the

relevant services of the last 3 (three)

years, as approved by the competent

body of the company and, where

Tenderers (all

consortium members

cumulatively)

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Ref. # Economic and financial

capacity

To be evidenced by Applicable to

• Lot 1: 1,000,000 €

• Lot 2: 530,000 €

In case the tenderer

intends to submit a

proposal for more than

one lot, the minimum

yearly turnover

threshold shall be equal

to the sum of minimum

thresholds of the

corresponding lots.

applicable, audited and/or published

(with reference to Annex I.F)

If, for some exceptional reason which GSA considers justified, a tenderer is unable to provide one or other

of the above documents, the tenderer may prove its economic and financial capacity by any other

document which GSA considers appropriate. In any case, GSA must at least be notified of the exceptional

reason and its justification in the tender. GSA reserves the right to request any other document enabling

it to verify the tenderer's economic and financial capacity.

3.2.3 Technical and professional capacity criteria

The following criteria shall be fulfilled by each tenderer as indicated for evaluating its technical and

professional capacity for performance of the contract (input to be submitted):

Ref. # Technical and professional capacity To be evidenced by Applicable to

S1. Confidentiality requirement

Tenderer shall comply with the

confidentiality requirements

according to the provisions of

section 2.3.9

A signed by an authorised

representative of the entity

Non-Disclosure Undertaking

(NDU) according to the model

provided in Annex I.K.

Tenderers

(including all

consortium

members and any

proposed

subcontractors

individually)

S2. At the moment of submission of the offer, tenderers shall not be in a situation of conflict of interest in relation to the subject matter of the

As per section 2.3.9:

Tenderers (including all consortium members and any

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contract they apply for, including (but not limited to) circumstances referred to in the GSA policy on prevention and management of conflicts of interest for staff and third parties (Annex II. VIII to the framework contract)

Declaration of Honour (Annex

I.E).

proposed subcontractors individually)

S3. Security requirements

Tenderers must provide evidence of

their ability to comply with the

security requirements set in sections

2.3.9.3 - 2.3.9.4 of the tender

specifications.

As evidenced by specific,

appropriate and conclusive

means following sections

2.3.9.3 - 2.3.9.4 including but

not limited security convention

signed by an authorised

representative of the entity.

Tenderers (including all consortium members and any proposed subcontractors individually)

SPECIFIC SELECTION CRITERIA

Technical and professional capacity criteria LOT 1

Ref. # Technical and professional capacity criterion

To be evidenced by Applicable to

S4. The tenderer must be GOLD Microsoft Partner in Data-centre competency

Microsoft certificate Tenderers (all

consortium members

cumulatively)

S5. The tenderer must be SILVER or

GOLD Microsoft Partner in all of

these competences:

Messaging Collaboration and Content Devices and Deployment Cloud Productivity Cloud Platform

Microsoft certificates

Tenderers (all

consortium members

cumulatively)

S6. The tenderer must be Cisco

Certified Partner

Cisco certificate Tenderers (all

consortium members

cumulatively)

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Ref. # Technical and professional capacity criterion

To be evidenced by Applicable to

S7. The tenderer must be StormShield

(Netasq) Partner

Netasq certificate Tenderers (all

consortium members

cumulatively)

Technical and professional capacity criteria LOT 2

Ref. # Technical and professional capacity criterion

To be evidenced by Applicable to

S4.

The tenderer must be Microsoft Partner in Application Development

Microsoft certificate

Tenderers (all consortium members cumulatively)

S5.

The tenderer must be Microsoft Partner in Collaboration and content

Microsoft certificate

Tenderers (all consortium members cumulatively)

S6.

The tenderer must provide a verifiable reference to at least 3 projects done in the past 3 years in the area of: .NET, SharePoint, IIS,

ASP.NET

References to such projects in the form of whitepaper, documentation excerpt or live demo of the application.

Tenderers (all consortium members cumulatively)

Note: The Agency reserves the right to verify any of the information provided, therefore the Agency may

elect to contact any of the presented organisations/companies for reference. With provision of the

requested information the tenderer’s permission is assumed granted unless otherwise specified in the

offer

Further documents may be requested at a later stage for the purpose of providing evidence of

compliance with the Agency’s requirements.

3.3 Award criteria

To be assessed in the award stage, the tenderer must have passed the exclusion and selection stage

described above and be compliant with the minimum requirements set in section 2.2.4.

The assessment of the tenders in the award stage is carried out against the qualitative and the financial

award criteria set out below.

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3.3.1 Qualitative Award Criteria

The technical quality of the tender will be solely assessed on the basis of the tenderer's technical proposal.

The maximum score is 100 points. Tenders who do not receive a minimum of 50 points on quality will be

rejected. Furthermore, any tender which receives a score in any of the qualitative criteria which is less

than the minimum indicated in the table will be rejected.

Technical evaluation score will be drawn up on the basis of the following criteria:

Qualitative Award Criteria LOT 1

Ref. #

Qualitative award criteria Minimum points

Maximum points

Q1. Quality of methodology of Health-checks and Audits Adherence to technology provider best practise, and industry standard recommendation for health checks and system audits.

14 20

Q2. Quality of proposed methodology for System Design

Evaluation of selected system design methodology. 16 25

Q3. Quality of Case Study

The case study will be evaluated under following principles:

Understanding of, and adherence to the technical infrastructure and technology (I.D. III)

Compliance with industry standards

Compliance of implementation process with best practises of the respective technology vendor.

Coverage of possible technology risks

Exhaustion of possible advantages arising from specific scenario

16 25

Q4. Quality of Purchasing Service / Leasing Service / Backup Storage Service Evaluation of proposed procedures for delivery of the above

services

Evaluation of proposed procedure of this service with regard

to speed, flexibility and ease of use. Evaluation of proposed

procedure with regard to strict adherence to GSA

requirements, and other safety and security aspects

3 5

Q7. Quality of approach to SLA 10 15

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Tenders scoring below the minimum score in any given quality award criterion and/or below 100

(one hundred) of the total minimum score will be excluded from the following assessment

procedure.

Quality of SLA penalties modification as proposed by the

tenderer.

Simple acceptance of the baseline SLA proposal of GSA will

be scored 10 points.

Q8. Adequacy of proposed measures to deal with conflict of

interest issues raising during the contract execution,

including (but not limited to) circumstances referred to in

the GSA policy on prevention and management of conflicts

of interest for staff and third parties (Annex II.VIII to the

framework contract):

Evaluated on the basis of:

Quality of methodology to implement measures against

conflict of interests during the duration of the contract.

3

5

Q9. Quality and adequacy of personal data protection

management proposal

Quality and adequacy of management approach on how the

obligations of Regulation 45/2001 are proposed to be

managed throughout the lifetime / execution of the Contract

(see section 2.3.9.5).

3 5

Total Min/Max Score: 65 100

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Qualitative Award Criteria LOT 2

Tenders scoring below the minimum score in any given quality award criterion and/or below 60

(sixty) of the total minimum score will be excluded from the following assessment procedure.

Ref. #

Qualitative award criteria Minimum points

Maximum points

Q1. Quality of proposed methodology for software development Adherence to technology provider best practise, and industry standard recommendation for health checks and system audits.

7 10

Q2. Quality of Case Study

The case study will be evaluated under following principles:

Understanding of, and adherence to the technical infrastructure and technology (I.D. III)

Compliance with industry standards

Compliance of development process with best practises of the respective methodology

Exhaustion of possible advantages arising from specific scenario

42 65

Q3. Quality of approach to SLA

Quality of SLA penalties modification as proposed by the

tenderer.

Simple acceptance of the baseline SLA proposal of GSA will

be scored 10 points.

13 20

Q4. Quality and adequacy of personal data protection

management proposal

Quality and adequacy of management approach on how the obligations of Regulation 45/2001 are proposed to be managed throughout the lifetime / execution of the Contract (see section 2.3.9.5).

3 5

Total Min/Max Score: 65 100

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3.3.2 Financial Award Criteria

Following the appraisal of the qualitative award criteria the tender will be evaluated with regard to the

price which shall be provided by filling in and signing the template Financial Offer (Annex I.G.1 for Lot 1

and Annex I.G.2 for Lot 2).

The unit prices quoted in Annex I.G that constitute the price of tender are binding for the tenderer as

maximum prices and they will be considered as such for the framework contract. Depending on the

specifics of the assignments, discounted rates may be applied, subject to contractor’s agreement.

The price index will be calculated as follows: the least expensive price of tender that is above the technical

threshold will receive 100 points. The other tenders receive the points according to the ratio between the

least expensive offer and their one, and then multiplied by 100, as shown in the formula below:

Price Index = (Cheapest total price of tender received / total price of the tender X)* 100

IMPORTANT NOTE: No article is to be omitted or added to the Financial Table of Answers by the tenderer.

Omissions will result in an incomplete tender and exclusion from the tender process.

3.3.2.1 Calculation of final score and ranking of tenderers

The contract will be awarded to the most economically advantageous tender, which is established by

weighting technical quality against price on a 50/50 basis.

The consolidated score for each tenderer will be calculated as follows:

Final score for Tender X= Technical score*0.5 + Financial score*0.5

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4 Conditions of submission of tenders

4.1 Disclaimer

This invitation to tender is in no way binding on the GSA. The GSA's contractual obligation commences

only upon signature of the contract with the successful tenderer.

Up to the point of signature, the GSA may either abandon the procurement or cancel the award procedure,

without the tenderers being entitled to claim any compensation. This decision must be substantiated and

the tenderers notified.

Submission of a tender implies acceptance of all the terms and conditions set out in the invitation to

tender, in the tender specifications and in the draft Contract which shall be binding on the tenderer to

whom the Contract is awarded during its duration. It is binding on the tenderer to whom the contract is

awarded for the duration of the contract.

Submission of a tender further implies unconditional waiver of the tenderer's own general or specific

terms and conditions.

In drawing up your tender, the provisions of the draft framework contract (see Annex II to the Invitation

to Tender) should be kept in mind. In particular, the Draft Contract indicates the method and the

conditions for payments to the contractor.

4.2 Visits to GSA premises

Visits to GSA’s premises or briefings during the tendering process are not foreseen.

4.3 Variants

Variants are not permitted under this tender procedure, therefore tenders shall not deviate from the tasks

and activities requested.

Any variant submitted aside from the regular tender will be disregarded. Any changes to the tender documents, requirements or structure not clearly marked or distinguishable as a variant may lead to the rejection of the entire tender.

4.4 Preparation costs for the tender

Costs incurred in preparing and submitting tenders are borne by the tenderers and will not be reimbursed.

4.5 Form and content of the tender to be submitted

.

4.5.1 Submission requirements

All tenders, including the forms annexed to this document, must be signed by the tenderer or an

authorised representative;

Tenders must be clear and concise, perfectly legible with continuous page numbering, and assembled

in a coherent fashion (e.g. bound or stapled, etc.);

The tenders will have to fulfil the conditions of submission set out in section 4 of these tender

specifications.

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Since tenderers will be evaluated on the content of their submitted tenders, they must make it clear

that they are able to meet the requirements of the tender specifications.

The GSA reserves the right to request additional evidence in relation to the tender submitted for

evaluation or verification purposes.

The GSA retains ownership of all applications received under this procedure. Consequently tenderers

shall have no right to have their tenders returned to them.

It is strictly required that tenders be presented in the correct format and include all documents

necessary to enable the evaluation committee to assess them. Failure to respect these requirements

will constitute a formal error and may result in the rejection of the tender.

4.5.2 Structure of tender

The tender must consist of:

A. A Cover Letter, dated and signed by the tenderer or by any other duly appointed representative,

declaring acceptance of the conditions in these tender specifications and annexes, and the

Contract and its annexes; the tenderer's commitment to provide the services proposed in the

tender and listing all the documentation included/enclosed in the tender.

In case of subcontracting, the tenderer shall indicate for which elements of the services and to

which overall proportion of the tender subcontracting is planned and include a statement

guaranteeing the eligibility of each sub-contractor proposed.

If the tender is presented by a consortium or group of service providers, it must be accompanied by a

letter signed by each member undertaking to provide the services proposed in the tender and

specifying each member's own role and qualifications.

In case of submission of a tender by a consortium, please provide all necessary, relevant document(s)

proving authorisation of this legal entity to (i) submit the tender, and (iii) to sign the ensuing contract

in case of award on behalf of the consortium (as defined in section 2.3.7).

B. The Administrative file

C. The Technical Offer

D. The Financial Offer

4.5.3 Administrative file

The Administrative File which shall consist of the elements listed under section 4.6.

4.5.4 Technical offer

The technical offer the tenderer shall provide input as to its approach for performing the services required

under the Contract as described in these tender specifications and the Annexes to the invitation to tender.

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The technical offer should contain all necessary information to allow evaluation of all the qualitative award

criteria specified in section 3.4.1. Please see Annex I.L.1 and Annex I.L.2 for desired content of the

Technical Offer.

The information provided in the technical offer must be consistent with the tender specifications and the

Annexes to the invitation to tender and address all matters laid down therein. The detail provided should

be such as to provide a comprehensive and concise level of information but avoiding verbose and lengthy

elaborations which do not support the subject or even lose sight of the actual topic at hand.

4.5.5 Financial offer

The financial offer must be provided by filling in and signing Annex I.G – Financial Tables of Answers. The

tenderers must provide unit prices for all the profiles specified in the table provided for the Lot they intend

to apply for.

Unit prices of a single profile category shall be identical from one task to another. The maximum daily rates shall include all management costs and overheads, such as: management effort for all the tasks (e.g. drawing up quotations and reports necessary, management of the firm, secretarial services, social security, wages, etc.); all administrative effort for all tasks (including all costs related to management of the project, administrative support and any support resource, coordination, quality control, currency conversion fees, etc.), and all other costs necessary for the performance of the tasks described, incurred directly and indirectly by the Contractor in performance of the tasks that will be entrusted to him, and including any travel, subsistence and accommodation costs of the advisors (if any, for example for working from Prague or any other location in EU ), which may become needed for the services performance. The unit prices applicable for the respective profile shall be the only costs payable for the services provided in the locations identified herewith. No further reimbursement of any other costs like travel, hotel, daily allowances shall be done.

All the Daily Rates shall include all expenses and allowance which will apply to the contractor (including any

consortium member and sub-contractor, as may be the case) for reimbursement of all expenses incurred,

including travel expenses, if applicable. The daily rate for the respective profile shall be the only costs payable

to the contractor if assigned at the contractor’s premises or at the GSA premises.

The Daily Rates shall form the basis for calculating the price index for financial award criteria.

The tenderer shall fill in, print, sign and date each page.

For tenderers in countries which do not belong to the Euro zone, the price quoted may not be revised in line

with exchange rate movements. It is for the tenderer to select an exchange rate and assume the risks or the

benefits deriving from any fluctuation.

4.5.5.1 Prices

All prices shall be quoted in euro without VAT. The price quotes given are binding for the tenderer and they

are not subject to revision.

The unit prices will be firm and will include all costs and expenses.

Cost and expenses are: effort for all the tasks (including drawing up quotations and reports) necessary for

their performance, including all costs (management of contracts, coordination, quality control, support

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resources, etc.), all overheads (management of the firm, secretarial services, social security, wages, etc.)

necessary for the performance of the tasks described, incurred directly and indirectly by the contractor in

performance of the tasks that will be entrusted to it.

4.5.5.2 VAT exemption

As the GSA is exempt from all taxes and dues, including Value Added Tax (VAT), pursuant to articles 3 and 4

of the Protocol on the privileges and immunities of the European Communities, these must not be included

in the price.

4.5.5.3 Currency and exchange rates

The price tendered must be all-inclusive and expressed in euro, including for countries which are not part of

the euro zone. For tenderers in countries which do not belong to the euro zone, the price quoted may not be

revised in line with exchange rate movements. It is for the tenderer to select an exchange rate and assume

the risks or the benefits deriving from any fluctuation.

4.6 Presentation of the tender

Tenders must be submitted in accordance with the double envelope system.

The outer envelope or parcel should be sealed with adhesive tape, signed across the seal and carry the

following information:

the reference number of the invitation to tender GSA/OP/01/17/Lot 1 or

GSA/OP/01/17/Lot 2 and

the contract title "General ICT Support to the GSA " and title of the Lot 1 “General

IT Services Support” or Lot 2 “Software Development Support”

the name of the tenderer

the indication “Tender - Not to be opened by the internal mail service”

the address for submission of tenders (as indicated in below)

the date of posting (if applicable) should be legible on the envelope

The outer envelope must contain one (1) inner envelope, further containing three envelopes whose content must be as follows:

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Ref

#

ENVELOPE 1 – ADMINISTRATIVE DOCUMENTS and DOCUMENTS RELATING TO EXCLUSION and

FINANCIAL AND ECONOMIC SELECTION CRITERIA

(1) A cover letter, dated and signed by the tenderer or by any other duly appointed representative, (i)

declaring full and unconditional acceptance of the requirements in this invitation to tender

including its annexes and the Contract and its annexes; (ii) the tenderer's undertaking to provide

the services proposed in the tender and (iii) listing all the documentation included/enclosed in the

tender.

(a) In case of subcontracting, the tenderer shall indicate for which elements of the services and to

which overall proportion of the tender subcontracting is planned and include a statement

guaranteeing the eligibility of each sub-contractor proposed.

(b) If the tender is submitted by a consortium or grouping, it must be accompanied by a letter

signed from each member undertaking the tender and specify each member's own role and

qualifications.

(c) In case of submission of a tender by a consortium, please provide all necessary, relevant

document(s) proving authorisation of this legal entity to (i) submit the tender, and (iii) to sign the

ensuing contract in case of award on behalf of the consortium (as defined in section 2.3.7).

(2) The duly filled in, signed and dated identification sheet of the tenderer using the template in Annex I.A (One per each legal entity involved - the consortium partners and subcontractors).

(3) The duly filled in, signed and dated Legal Entity Forms using the template in Annex I.B (One per each legal entity involved - the consortium partners and subcontractors) – ensure to also include referenced supporting documents.

(4) A duly signed and dated statement of authorisation containing the name and position of the representative/signatory and official documentary evidence on the person‘s legal authority to validly sign the tender and the Contract on behalf of the organisation, should it be awarded it (one per tenderer and each signatory of a Power of Attorney).

(5) In case of consortia, the Power of Attorney for submission of the tender and signature of the Contract, should it be awarded to the consortium, designating the entity that will sign on behalf of the consortium duly signed and dated by the authorised representative of each group/consortium member using the template provided in Annex I.I.

(6) For the proposed subcontractors, duly filled in, signed and dated subcontractor Letter of Intent using the template in Annex I.J.

(7) The duly filled in, signed and dated Financial Identification Form using the template referred to in Annex I.C. (In case of consortia, only one Financial Identification Form for the whole consortium, nominating the bank account into which payments are to be made under the Contract. In case the consortium prefers split of payments each consortium/group member shall submit their individual Financial Identification Form).

(8) The duly filled in, signed and dated Financial Statement relating to the selection stage as requested in section 3.2.2, including the standard template in Annex I.F. (for the tenderer prime /each consortium member)

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(10) The duly filled in, signed and dated Declaration(s) of Honour relating to exclusion criteria and selection criteria and minimum requirements using the template in Annex I.E - one per economic operator (i.e. tenderer, all consortium members, all subcontractor(s), if any).

(11) In case of consortium - necessary relevant document(s) proving authorisation of this legal entity to

(i) submit the tender and (ii) to sign the ensuing contract in case of award on behalf of the

consortium (as described in section 2.4.6).

(12) 1 (one) original of duly completed, dated, stamped and signed NDU, using the standard template

in Annex I.K.

(13) An electronic copy of each document submitted in the Envelope 1 with the tender on USB stick /

CD-ROM with the full set of documents in machine readable format (MS Office 2003 or later, or

Adobe Reader Version 8.0 or later) with separate folders reflecting the reference numbers of the

documents listed in this table and per envelope.

ENVELOPE 2 – TECHNICAL OFFER

(1) Duly filled in, signed and dated Executive Summary (max 2 pages) on the Technical Offer.

(2) Information required for the fulfilment of the technical and professional selection criteria, as presented in section 3.2.3.

(3) Technical offer – please see Annex I.L.1 for Lot 1 and Annex I.L.2 for Lot 2.

(4) Duly completed, signed, stamped and dated declaration for background and foreground IPR using the standard template in Annex II.X to the framework contract

(5) Security Convention for Remote Access (Annex I.M), signed by the tenderer

(6) Declaration of minimum requirement (Annex I.N), signed by the tenderer

(7) USB stick / CD-ROM with Executive Summary and Technical offer in machine readable format (MS Office 2003 or later, or Adobe Reader Version 8.0 or later).

ENVELOPE 3 – FINANCIAL OFFER

(1) Financial offer, using the template provided in Annex I.G.1 for Lot 1 and Annex I.G.2 for Lot 2, duly completed, dated and signed by the tenderer’s authorised representative CD-ROM with Financial Offer.

(2) USB stick / CD-ROM with Financial offer in machine readable format (MS Office 2003 or later, or Adobe Reader Version 8.0 or later).

The tenderer shall submit the paper documents as one (1) original and two (2) copies. Originals must be

marked “ORIGINAL”, and copies signed in the same way as the original and marked “COPY”.

Tenders shall be drafted in one of the official languages of the European Union, preferably ENGLISH.

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GSA retains ownership of all documents received under this procedure. Consequently, tenderers shall have no right to have their tender documents returned to them.

4.7 Submission

Tenders sent by post mail, express mail, or commercial courier are to be sent not later than on date

indicated in section Error! Reference source not found. above, in which case the evidence of the date of

dispatch shall be constituted by the postmark or the date of the deposit slip, to the following physical

address

European GNSS Agency

Legal and Procurement Department

Janovskeho 438/2

170 00 Prague 7

Czech Republic

Tenders which are hand-delivered should be delivered to the same postal address not later than 17.00

(CET) on date indicated in section Error! Reference source not found. above. In this case, a receipt must

be obtained as proof of delivery, signed and dated, and with the time marked by the reception desk officer.

The reception is open from 08.00 to 18.00 Monday to Friday. It is closed on Saturdays, Sundays, European

Commission holidays and some Czech national holidays

Once the contracting authority has received the tender, it becomes its property and it shall be treated

confidentially. Tenders will not be returned.

WHEN THE TENDER IS SUBMITTED TO A DELIVERY SERVICE, THE TENDERER IS REQUESTED TO SEND AN

EMAIL NOTE TO [email protected] DECLARING THE DATE OF HAND-OVER, THE DELIVERY SERVICE

USED AND THE ESTIMATED TIME OF DELIVERY, IF KNOWN.

4.8 Opening of the tenders

Tenders will be opened on date and at the time indicated in section 1.2 above at the following location:

Office address:

European GNSS Agency

Janovského 438/2

170 00 Prague 7 – Holesovice

One authorised representative of each tenderer may attend the opening of the tenders. Companies

wishing to attend are requested to notify their intention by sending an e-mail at least 5 calendar days in

advance to [email protected]. This notification must 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.

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4.9 Period of validity of the tenders

Period of validity of the tenders, during which tenderers may not modify the terms of their tenders in any

respect shall be 9 (nine) months from the closing date for the reception of the tender.

4.10 Contact with tenderers

Contacts between the contracting authority and tenderers are prohibited throughout the procedure save

in exceptional circumstances and under the following conditions only:

Before the final date for submission of tenders:

At the request of the tenderer, the contracting authority may provide additional information solely

for the purpose of clarifying the nature of the Contract.

Any requests for additional information must be made in writing only to [email protected]. The

subject-line of the e-mail has to quote the reference of the procurement procedure.

Requests for additional information received after deadline specified in section 1.2 will not be

processed (for practical reasons).

The GSA may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any

other clerical error in the tender documents. Operators are invited to regularly monitor the GSA’s

website to that effect.

After the opening of tenders:

If, after the tenders have been opened, some clarification is required in connection with a tender, or

if obvious clerical errors in the submitted tender must be corrected, the GSA may contact the

tenderer, although such contact may not lead to any alteration of the terms of the submitted tender.

4.11 Information on the outcome of the procedure

The tenderer must appoint a single point of contact who will be informed of the outcome of this procurement

procedure by e-mail only. It is tenderer’s responsibility to provide a valid e-mail address together with your

contact details in your tender and to check this e-mail address regularly.

The GSA will inform tenderers of decisions reached concerning the award of the Contract in due course,

including the grounds for any decision not to award a contract or to recommence the procedure.

If a written request is received, the GSA 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.

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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.

4.1 Personal data protection specific to the tender process

If processing the reply to the invitation to tender involves the processing of personal data, 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.

Identity of the controller: the controller is the Executive Director of the GSA. The delegated controllers

are the Head of Information and Communication Technology, the Head of Legal and Procurement

Department and Head of Administration.

Purpose of processing: personal data is collected and further processed for the purpose of the

management and administration of the tenders received in a procurement at the GSA.

Data concerned: Personal data collected and further processed concern the tenderer and its staff or

subcontractors (natural persons). The following personal data can be processed: name; surname;

function; contact details (e-mail address, business telephone number, mobile telephone number, fax

number, postal address, company and department, country of residence, internet address); certificates

for social security contributions and taxes paid, extract from judicial records; bank account reference

(IBAN and BIC codes), VAT number, passport number, ID number; information for the evaluation of

selection criteria or eligibility criteria: expertise, technical skills and languages, educational background,

professional experience including details on current and past employment; declaration on honour that

data subjects are not in one of the exclusion situation referred to in article 93 and 94 FR.

Legal bases: The relevant articles on procurement of the Financial Regulation and the Rules of Application.

Lawfulness of processing: The lawfulness of the processing is based on article 5(a) and 5(d) of Regulation

(EC) No 45/2001.

Recipients of the data processed: For the purpose detailed above, access to your personal data is given

to the following persons, without prejudice to a possible transmission to the bodies in charge of a

monitoring or inspection task in accordance with European Union law:

(i) GSA staff, outside experts and members of the opening and/or evaluation committees (notably

including staff of the European Commission and the European Space Agency) and contractors of the GSA

are recipients of personal data for the purposes of management of the procurement procedure and

tender evaluation.

(ii) the bodies charged with monitoring or inspection tasks in application of European Union law (e.g.

internal audits, Financial Irregularities Panel, European Anti-fraud Office - OLAF);

(ii) the public. If your tender is awarded the contract following this procurement procedure, some of your

personal data will be made public in accordance with the GSA's obligation to publish information on the

outcome of the procurement procedure and on the beneficiaries of funds deriving from the budget of the

European Union (Article 90, 110 (2) and article 30(3) FR, respectively). The information will concern in

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particular your name and address, the amount awarded and the name of the project or programme for

which you are awarded a contract. It will be published in supplement S of the Official Journal of the

European Union and/or on the website of the GSA.

Information on the retention period of personal data: Files relating to tender procedures, including

personal data, are to be retained by the GSA until procurement procedure is finalised, and in the archives

for a period of 7 (seven) years following the end of the year when last payment has been made under the

contract signed as a result of the procurement procedure. However, tenders from unsuccessful tenderers

have to be kept only for 7 (seven) years following the signature of the contract. Files may have to be

retained also until the end of a possible audit if one started before the end of the above periods.

Technical storage information: Files relating to tender procedures, including personal data, are retained

both in soft (electronic) and hard (paper) format in GSA servers/premises where access is granted in

controlled manner strictly on basis of justified Need-to-Know (NtK).

Your personal data may also be registered in the Early Detection and Exclusion System (EDES) of European

Commission if you are in one of the situations mentioned in article 106 FR. For more information, see the

Privacy Statement on

http://ec.europa.eu/budget/explained/management/protecting/protect_en.cfm .

The data subject’s rights and contact data: Data subjects have the right of access and rectification

(modification, correction or deletion) of their personal data at any time. Requests shall be addressed to

the GSA describing your request explicitly. Special attention is drawn to the consequences of a request

for deletion, as this may lead to an alteration of the terms of the tender and lead to exclusion as stated

in article 148 of the RAP. Data subjects are entitled to lodge an appeal with the European Data Protection

Supervisor (EDPS) at [email protected] should they consider that the processing operations do not

comply with Regulation (EC) 45/2001.

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5 List of acronyms and abbreviations used

Acronym / Abbreviation

Complete Designation

BIC Bank Identifier Code

CET Central European Time

Contract The FWC to be awarded subject to the procurement process GSA/OP/01/17

contractor The tenderer to whom the Contract will be awarded.

EC European Commission

EDPS European Data Protection Supervisor

EU European Union

FWC Framework Contract

GNSS Global Navigation Satellite System

GSA European GNSS Supervisory Authority

GSA HQ GSA Headquarters in Prague, Czech Republic

GSMC Galileo Security Monitoring Centre

IBAN International Bank Account Number

NDU Non-Disclosure Undertaking

SLA Service Level Agreement

VAT Value Added Tax

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6 List of Annexes

These tender specifications (Annex I to Invitation to Tender) have the following annexes:

Annex I.A - Template Identification Sheet of the Tenderer

Annex I.B - Template Legal Entity Form (separate document)

Annex I.C - Template Financial Identification Form

Annex I.D.1 - Technical Terms of Reference - Lot 1 (separate document)

Annex I.D.2 - Technical Terms of Reference - Lot 2 (separate document)

Annex I.E - Template Declaration of Honour

Annex I.F - Financial Statements relating to the Selection Stage (separate document)

Annex I.G.1 - Template Financial Offer – Lot 1 (separate document)

Annex I.G.2 - Template Financial Offer – Lot 2 (separate document)

Annex I.H.1- Service Level Agreement – Lot 1(separate document)

Annex I.H.2- Service Level Agreement – Lot 2 (separate document)

Annex I.I - Power of Attorney

Annex I.J - Subcontractor Letter of Intent

Annex I.K - Non-Disclosure Undertaking (separate document)

Annex I.L.1 - Desired content of the Technical offer – Lot 1 (separate document)

Annex I.L.2 - Desired content of the Technical offer – Lot 2 (separate document)

Annex I.M – Security Convention for Remote Access (separate document)

Annex I.N – Declaration of minimum requirement

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Annex I.A - Template Identification Sheet of the Tenderer

IDENTIFICATION OF THE TENDERER

(Each service provider, including subcontractor(s) or any member of a consortium or grouping, must

complete and sign this identification form)

Identity

Name of the Tenderer

Legal status of the Tenderer

Date of registration

Country of registration13

Registration number

VAT number

Description of statutory social security cover (at

the level of the Member State of origin) and non-

statutory cover (supplementary professional

indemnity insurance)14

Status as Small or Medium sized Enterprise15

Role in the tenderer’s organisation

(Prime: single tenderer / consortium leader /

consortium partner) (Subcontractor)

Address

Address of registered office of Tenderer

13 Please add to this document the supporting evidence normally acceptable under the law of the State 14 For natural persons 15 Add definition of SME

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Where appropriate, administrative address of

Tenderer for the purposes of this invitation to

Tender

Contact Person

Surname:

First name:

Title (e.g. Dr, Mr, Ms) :

Position (e.g. manager):

Telephone number:

Fax number:

E-mail address:

Legal Representatives for the signature of the contract / NDU / SAL

Names and function of legal representatives

and of other representatives of the Tenderer

who are authorised to sign contracts with third

parties

(please identify if different for the different docs)

Declaration by an authorised representative of the organisation16

I, the undersigned, certify that the information given in this Tender is correct and that the Tender is

valid.

Surname:

First name:

Signature:

16 This person must be included in the list of legal representatives; otherwise the signature on the Tender

will be invalidated.

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Annex I.C - Template Financial Identification Form

The template may be downloaded from the following website:

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

In case of consortia, only one financial identification form for the whole consortium should be submitted,

nominating the bank account into which payments are to be made under the contract (usually the account

of the consortium leader) in the event that the respective tender is successful. In case the consortia prefer

to have payments split in different bank accounts, one for each contractor, one financial identification form

per contractor shall be submitted.

Please pay attention to the supporting documents that should be submitted together with dully filled in

financial identification form.

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Annex I.E - Template Declaration of Honour

Declaration on honour on

exclusion criteria and selection criteria

The undersigned [insert name of the signatory of this form], representing:

(only for natural persons) himself or

herself

(only for legal persons) the following legal person:

ID or passport number:

Full official name:

Official legal form:

Statutory registration number:

Full official address:

VAT registration number:

(1) declares whether the above-mentioned person is in one of the following situations or not:

SITUATION OF EXCLUSION CONCERNING THE PERSON YES NO

(a) it is bankrupt, subject to insolvency or winding up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under national legislation or regulations;

(b) it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the contracting authority is located or those of the country of the performance of the contract;

(c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:

(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract;

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(ii) entering into agreement with other persons with the aim of distorting competition;

(iii) violating intellectual property rights;

(iv) attempting to influence the decision-making process of the contracting authority during the award procedure;

(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure;

(d) it has been established by a final judgement that the person is guilty of any of the following:

(i) fraud, within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995;

(ii) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of EU Member States, drawn up by the Council Act of 26 May 1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the legal provisions of the country where the contracting authority is located, the country in which the person is established or the country of the performance of the contract;

(iii) participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA;

iv) money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council;

(v) terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision;

(vi) child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;

(e) the person has shown significant deficiencies in complying with the main obligations in the performance of a contract financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by an Authorising Officer, OLAF or the Court of Auditors;

(f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;

(g) for the situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or irregularity, the applicant is subject to:

i. facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;

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ii. non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;

iii. decisions of the ECB, the EIB, the European Investment Fund or international organisations;

iv. decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the infringement of Union or national competition law; or

v. decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.

[Only for legal persons other than Member States and local authorities, otherwise delete this table]

(2) declares whether a natural person who is a member of the administrative, management or supervisory body of the above-mentioned legal person, or who haspowers of representation, decision or control with regard to the above-mentioned legal person (this covers the company directors, members of the management or supervisory bodies, and cases where one natural person holds a majority of shares) is in one of the following situations or not:

SITUATIONS OF EXCLUSION CONCERNING NATURAL PERSONS WITH POWER OF REPRESENTATION, DECISION-

MAKING OR CONTROL OVER THE LEGAL PERSON YES NO

Situation (c) above (grave professional misconduct)

Situation (d) above (fraud, corruption or other criminal offence)

Situation (e) above (significant deficiencies in performance of a contract )

Situation (f) above (irregularity)

(3) declares whether a natural or legal person that assumes unlimited liability for the debts of the above-mentioned legal person is in one of the following situations or not:

SITUATIONS OF EXCLUSION CONCERNING NATURAL OR LEGAL PERSONS ASSUMING UNLIMITED

LIABILITY FOR THE DEBTS OF THE LEGAL PERSON YES NO N/A

Situation (a) above (bankruptcy)

Situation (b) above (breach in payment of taxes or social security contributions)

(4) declares whether the above-mentioned person is in one of the following situations or not:

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GROUNDS FOR REJECTION FROM THIS PROCEDURE YES NO

(h) has not distorted competition by being previously involved in the preparation of procurement documents for this procurement procedure;

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

(5) acknowledges that the above-mentioned person may be subject to rejection from this procedure and to administrative sanctions (exclusion or financial penalty) if any of the declarations or information provided as a condition for participating in this procedure prove to be false.

REMEDIAL MEASURES

If the person declares one of the situations of exclusion listed above, it should indicate the measures it has

taken to remedy the exclusion situation, thus demonstrating its reliability. They may include e.g. technical,

organisational and personnel measures to prevent further occurrence, compensation of damage or

payment of fines. The relevant documentary evidence which appropriately illustrates the remedial

measures taken should be provided in annex to this declaration. This does not apply for the situations

referred in point (d) of this declaration.

EVIDENCE UPON REQUEST

Upon request and within the time limit set by the contracting authority the person shall provide

information on the persons that are members of the administrative, management or supervisory body, as

well as the following evidence concerning the person or the natural or legal persons which assume

unlimited liability for the debt of the person:

For situations described in (a), (c), (d) or (f), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied.

For the situation described in point (a) or (b), production of recent certificates issued by the competent

authorities of the State concerned are required. These documents must provide evidence covering all

taxes and social security contributions for which the person is liable, including for example, VAT, income

tax (natural persons only), company tax (legal persons only) and social security contributions. Where

any document described above is not issued in the country concerned, it may be replaced by a sworn

statement made before a judicial authority or notary or, failing that, a solemn statement made before

an administrative authority or a qualified professional body in its country of establishment.

If the person already submitted such evidence for the purpose of another procedure, its issuing date

does not exceed one year and it is still valid, the person shall declare on its honour that the

documentary evidence has already been provided and confirm that no changes have occurred in its

situation.

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(6) declares whether the above-mentioned person complies with the selection criteria as provided in the tender specifications:

SELECTION CRITERIA YES NO

(a) It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required for Lot [x] in section 3.2 of the tender specifications;

(b) It fulfills the applicable economic and financial criteria indicated for Lot [x] in section 3.2 of the tender specifications;

(c) It fulfills the applicable technical and professional criteria indicated for Lot [x] in section 3.2 of the tender specifications.

(7) declares that the above-mentioned person will be able to provide the necessary supporting documents listed in the relevant sections of the tender specifications and which are not available electronically upon request and without delay.

Full name Date Signature

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Annex I.I - Power of Attorney

Power of attorney

(DESIGNATING ONE OF THE COMPANIES AS GROUP COORDINATOR AND GIVING IT POWER OF ATTORNEY)

We the undersigned:

– Signatory 1 [Name, Function, Company, Registered address, VAT number]

For [Company name] taking up the following role within the consortium with its qualification as [enter company’s

qualification for its assigned role].

– Signatory 2 [Name, Function, Company, Registered address, VAT number]

For [Company name] taking up the following role within the consortium with its qualification as [enter company’s

qualification for its assigned role].

– …..

– Signatory N [Name, Function, Company, Registered address, VAT number],

For [Company name] taking up the following role within the consortium with its qualification as [enter company’s

qualification for its assigned role].

each of us having the legal capacity required to act on behalf of our company,

HAVE AGREED AS FOLLOWS:

(1) For that purpose, the group members designate company X as group coordinator. [N.B. The group coordinator/prime must be one of the group members]

(2) The group members confer on the group coordinator all the necessary powers to act on their behalf in connection with the procurement process GSA/OP/01/17 – "General ICT Support to the GSA" – Lot [x]

(3) This mandate involves in particular the following tasks:

The group coordinator shall sign any procurement related documents requiring the candidate’s/tenderer’s signature).

The group coordinator shall act as single point of contact for the GSA in connection with the procurement process.

If awarded, the group coordinator shall sign the framework contract, specific contracts and addenda thereto, issue any invoices related to the supplies or the services and receive payments from the GSA on behalf of the group members.

The group coordinator shall act as single point of contact for the GSA in connection with supplies and the related services to be provided under the framework contract in case

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awarded. It shall coordinate the provision of the supplies and the related services by the group members to the GSA, and shall ensure proper performance of the Contract.

(4) In case of contract award, as co-signatories of the Contract, all the group members:

shall be jointly and severally liable vis-à-vis the GSA for the performance of the framework contract, including any specific contracts thereunder;

shall comply with the conditions of the framework contract, including any specific contracts thereunder, and ensure the proper execution of their respective share of the supplies and/or the services.

(5) Payments by the GSA for the supplies or related services shall be made through the group coordinator’s bank account. [Provide bank details, name, address, account number, etc.]

Any modification to the present agreement/power of attorney must be explicitly approved by the GSA.

This agreement/power of attorney shall expire when all the contractual obligations of the group members

towards the GSA in connection with the supplies and the services to be provided under the framework contract,

including any specific contracts thereunder, have lapsed. The parties may not terminate it before that date

without the GSA’s consent.

Signed at ………………………………, on ….. …………

Name Name

Function Function

Company Company

Name Name

Function Function

Company Company

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Annex I.J - Subcontractor Letter of Intent

<Letterhead of the sub-contractor or other entity on whose resources to rely>

I, the undersigned ……………………………………, being the authorised signatory for the above-mentioned

entity for the procedure GSA/OP/01/17 - "General ICT Support to the GSA", Lot [x] hereby solemnly

declare and confirm our irrevocable undertaking to collaborate with the tenderer [insert full legal

name of tenderer] should they win the contract and that all appropriate and necessary resources from

our part shall be put at the tenderer’s disposal for the performance and implementation of the

contract.

______________________

Date and signature

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Annex I.N – Declaration of minimum requirement

Letterhead of the economic operator

I, the undersigned _______(name)_______________, ________(function)______, authorised

representative of ________(name of tenderer)__________, declare:

- We are able to provide services in the Czech Republic, and

- Our compliance with applicable obligations in the fields of environmental, social and labour

law established by European Union law, national law or collective agreements or by

international environmental, social and labour law provisions listed in Annex X of the Directive

2014/24/EU17.

I also declare that the company I am representing is able to provide the required services in the Czech

Republic.

Date:

Signature:

Stamp:

End of Document

17 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement

and repealing Directive 2004/18/EC (OJ L 94 of 28.03.2014, p. 65).