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Open Call for Tenders
No 2015-11/IT-APPLICS-DEV
Contract for in-house services to provide technical assistance for the development of applications and the performance of
maintenance tasks
*
SPECIFICATIONS
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1. Name of contract ................................................................................................................ 3
2. Purpose and context of the tender ....................................................................................... 3
3. Purpose of the contract ....................................................................................................... 3
4. Participation in the tender procedure .................................................................................... 4
5. Documentation available to bidders ...................................................................................... 5
6. Variations .......................................................................................................................... 5
7. Price of services ................................................................................................................. 5
8. Price .................................................................................................................................. 5
9. Payment conditions ............................................................................................................. 5
10. Contractual conditions ......................................................................................................... 6
11. Criteria .............................................................................................................................. 6
12. Tenders to be delivered by the bidders ................................................................................. 8
13. Submission of proposals .................................................................................................... 10
14. General Conditions ............................................................................................................ 11
15. Period of validity of the tender: .......................................................................................... 11
16. Payment conditions ........................................................................................................... 11
17. Contact between the bidders and the CPVO ........................................................................ 12
18. List of Annexes ................................................................................................................. 12
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1. Name of contract
Contract for in-house services to provide technical assistance for the development of applications and
the performance of maintenance tasks
EU Official Journal Ref: Contract notice published on 23/12/2015 in the European
Union Official Journal, reference 2015/S 248-450600.
2. Purpose and context of the tender
The Community Plant Variety Office (CPVO) is a decentralised, European Union (EU) body located in
Angers, France. It manages a system that protects intellectual property relating to plant varieties
across the EU. Detailed information about the CPVO is available on their website:
www.cpvo.europa.eu
The CPVO expects to sign a services contract with a specialist company that will provide in-house IT
services for the development of web applications and the performance of maintenance tasks.
The bidders agree to provide the services described above to the CPVO, in accordance with the
conditions stipulated in these specifications.
3. Purpose of the contract
3.1 Project scope
The contract is for the delivery of in-house technical assistance, on a full-time basis, for the
development of applications and the performance of maintenance tasks.
The CPVO expects that the provision of technical assistance will be focused on several areas, including the following:
the development of services via its extranet sites (mainly in the PHP/ZEND Framework);
the performance of maintenance tasks.
The support described above will take place under the supervision of the CPVO. The expert will also be
selected by the CPVO from the various profiles provided by the successful bidder.
3.2 Place of supply
The services will be provided in-house on the premises of the CPVO in Angers, France.
3.3 IT/technical specifications
The CPVO has a number of software packages and electronic services that it would like to develop
further.
Bidders are requested to submit a tender for development services in operational conditions.
The main features of the technical environment at the CPVO are as follows:
64-bit Windows 7 platform, Windows 2008 Server and later versions;
ORACLE 11g relational database and later versions, Microsoft SQL, MariaDB;
WinDev 18 client/server application development tools, and later versions;
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WebDev 18 dynamic web interface development tools, and later versions;
WinDev Mobile 18 mobile applications development tool, and later versions;
PHP Zend framework 2.2.x, and later versions, and its Zend Studio (or Eclipse) and Zend Debugger development environment;
web applications using web 2.0 technologies (HTML5, CSS3, Ajax, jQuery, AngularJS...);
XSD definition diagrams and XML files;
Intranet SharePoint 2013 (on-premise).
3.4 Volumetry
A services contract (model attached in Annex 1) will be signed with the successful bidder for an initial
period of 1 (one) year. The contract will be renewable 3 (three) times for periods of 1 (one) year. The
contract period will be limited to a maximum of 4 (four) years.
Services will be provided on site at the offices of the CPVO) 5 days per week.
3.5 Conditions - Methodology
In their tenders, the bidders will describe how they intend to provide the required services, guarantee
the security and confidentiality of information obtained and provide a replacement for the proposed
expert in the event he or she is unavailable. Methodologies that offer a key expert dedicated to
fulfilling the objectives of the contract will be viewed favourably.
The proposed candidates must meet the following criteria:
Minimum academic qualifications: Two years of Higher Education;
At least five years’ relevant professional experience;
‘Senior developer’ profile;
Good command of technical English;
Sound experience of web-orientated PHP/ZEND Framework, front-end Javascript (AngularJS), CSS3, HTML5, REST architecture.
Experience of IDE-type tools (Eclipse...) and management of sources (SVN/GIT...)
Good knowledge of project management (in Waterfall and Agile mode)
Good knowledge of relational databases (Oracle, MySQL) and of PL/SQL
Good knowledge of XML/XSD;
Knowledge of the following will be considered an advantage;
o AGL (WinDev)
o LaTeX
o SharePoint 2013
o .NET
4. Participation in the tender procedure
Participation in the bid is open on equal terms to any natural or legal persons in countries where the
treaties apply and to all natural or legal persons from a third country that has signed a specific
agreement with the EU relating to public contracts, in accordance with the conditions established by
this agreement.
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If the multilateral Agreement relating to public contracts signed in the context of the World Trade
Organisation is applicable, contracts are also open to states that have ratified this agreement
according to the conditions established therein. It should be noted in this regard that the services in
Annex I-B of Directive 92/50/EC, and research and development services relating to category 8 of
Annex I-A in the same Directive, are not covered by this agreement.
Subcontracting is normally permitted.
5. Documentation available to bidders
The call for tenders
These specifications
The draft contract of services
Website www.cpvo.europa.eu
6. Variations
Variations are not permitted. Bidders must decide on a proposal that they believe best fits the
specifications.
7. Price of services
The service is to be provided in-house at the offices of the CPVO.
Bidders must therefore ensure that the daily contractor rate is included in the terms of their proposal.
8. Price
The proposed price must be fixed and remain unchanged during the initial period of the contract.
According to Articles 3 and 4 of the Protocol on Privileges and Immunities of the European
Communities, the CPVO is exempt from all taxes, duties and levies, including VAT, and therefore these
cannot form part of any calculation of the proposed price. The VAT amount will be indicated
separately.
The price must include all elements in the proposal and be provided in EUROS. This also applies to
bidders from outside the Eurozone. Bidders from countries outside the Eurozone are not permitted to
revise the proposed sum as a result of fluctuations in the rate of exchange. The bidder will select the
rate of exchange and assume the risks, or benefit from the advantages, of a variation in the rate of
exchange.
9. Payment conditions
Services will be invoiced monthly, in arrears.
At the closing of a month’s provision of service/final provision of service, a final report of activity will
be issued by the successful bidder summarising the hours worked and main tasks performed. It will be
approved by the CPVO.
Any invoicing for costs not covered in the specifications will require documentary evidence of spending.
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Invoices should be sent to: CPVO - Community Plant Variety Office
Unité Administration; 3, boulevard du M. Foch – CS 10121
F - 49101 ANGERS CEDEX 2 (France)
10. Contractual conditions
Please see the attached draft contract of services.
11. Criteria
11.1 Exclusion criteria
1. The following candidates or bidders are excluded from participation in the contract:
a) any company declared bankrupt, or facing proceedings for bankruptcy, liquidation or legal
rulings or facing proceedings for an arrangement with creditors or for the ceasing of activities,
or any company in a similar situation as a result of equivalent proceedings under national rules
or legislation;
b) any company subject to a ruling with the force of res judicata relating to any offence affecting
their professional integrity;
c) any company that has committed a serious professional offence that the awarding authorities
are able to demonstrate;
d) any company that has failed to meet its obligations to pay social security contributions or make
taxation payments according to the legal provisions in the country where the company is based,
in the country of the awarding authority, or in the country in which the contract is to be
implemented;
e) any company that has faced a ruling with the force of res judicata for fraud, corruption,
participation in a criminal organisation, or any other illegal activity affecting the financial
interests of the Communities;
f) any company declared in serious breach of contract for failure to comply with its contractual
obligations following a procurement procedure for another contract, or an award procedure for
a subsidy funded by the community budget.
2. Candidates or bidders must confirm that none of the situations specified in paragraph 1 apply to them.
Candidates or bidders to whom the following situations apply at the time of the procurement
procedure will not be awarded the contract:
a) companies in a situation of conflict of interest;
b) companies found guilty of providing false declarations in the information required by the
awarding authority to participate in the bid, or companies who have failed to provide the
required information.
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11.2 Selection criteria:
11.2.1 Financial and economic capacity
Evidence of financial and economic capacity can be provided by one or several of the following
documents:
relevant declarations from banks or evidence of insurance against professional risks;
presentation of balances sheets, or balance sheet extracts, for at least the last two closed
financial periods if companies are required by legislation in the country of operation to publish
financial statements;
a statement of overall business turnover and turnover relating to the proposed works,
supplies or services covered by the contract, provided over a period relating to no more than
the last three financial periods.
If the awarding authority accepts that there are exceptional reasons preventing the bidder or
candidate from producing the reference documents required, economic and financial capacity may be
demonstrated by any means judged appropriate by the awarding authority.
A business operator may, where relevant, and for a specific contract, assert the economic and financial
capacities of other organisations, regardless of the legal nature of the relationship between the
operator and said organisations. In such cases, a business operator must provide evidence to the
awarding authority of the means necessary to meet the requirements of the contract, for example, by
presenting the agreement showing that said organisations commit to making the required means
available to the operator.
11.2.2 Technical and professional capacity
The technical and professional capacity of business operators, in relation to the nature, quantity or
extent to which they use supply services or works in the services they provide, can be demonstrated
by the following documents:
a list presenting the main services and supplies delivered in the last three years, indicating the
amount relating to the goods, date of delivery and the public or private sector recipient;
an indication of the proportion of the contract that the service provider intends to subcontract.
The technical and professional abilities of the experts included in the proposal for technical assistance
can be demonstrated by the following documents:
Curriculum Vitae of the experts included in the proposal: in this document the bidder will provide
more details of the following:
o the level of expertise in the technical environment, as detailed in point 3 of these
specifications;
o the level of knowledge of the various architectures;
o perfect knowledge of the relevant fields to allow an IT system for the CPVO to return to
normal operation as quickly as possible;
evidence that the experts included in the proposal have an employment contract binding them to
the bidder company;
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The bidder agrees to replace any expert unable to provide services within 2 working days by offering
the Curriculum Vitae of at least two experts who could be freed to provide the service.
If the recipient of the services and deliveries is an awarding authority, the business operators will
provide the documentary evidence of these services in the form of certificates issued or countersigned
by the competent authority.
A business operator may, where relevant, and for a specific contract, assert the economic and financial
capacities of other organisations, regardless of the legal nature of the relationship between the
operator and said organisations. In such cases, a business operator must provide evidence to the
awarding authority of the means necessary to meet the requirements of the contract, for example, by
presenting the agreement showing that said organisations commit to making the required means
available to the operator.
11.3 Assignment criteria
The contract will be assigned to the business proposal offering the most financially advantageous
contract of services that takes the following elements into consideration:
the cost to the CPVO;
an understanding of the needs - by taking account of the requirements and specific elements in the specifications
(criteria worth 50 points; to be eligible, the tender must be awarded at least 30 points);
the methodology proposed and sufficient team members provided to ensure replacements
(criteria worth 50 points; to be eligible, the proposal must be awarded at least 30 points);
11.4 Awarding of the contract
The contract will be awarded to the bidder whose tender obtains the minimum points required and
offers the best proposal in terms of quality/price. This will be calculated by dividing the price by the
number of points awarded. The tender achieving the smallest figure as a result will be awarded the
contract.
11.5 Presentation of the best tenders
Unless a proposal clearly stands out as offering the best quality/price ratio, the bidders with the
eligible tenders offering the two lowest prices per points awarded may be invited to present their
proposals before a final decision is made to award the contract. Following this presentation, each of
these two tenders will be judged on its overall quality with a possible score of up to 10 points. The
contract will be awarded to the tender that offers the lowest price for each point awarded for quality.
12. Tenders to be delivered by the bidders
Tenders will contain all the documents mentioned in this section.
They may be written in any of the official languages of the EU. Nevertheless the bidders’ attention is
drawn to the fact that the working languages most used at the CPVO are English and French.
Proposals submitted by company consortia or groups of service providers (or entrepreneurs or
suppliers, depending on the contract) should specify the role, name and experience of each member of
the group.
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Evidence of access to the market, the declaration confirming the absence of any conflict of interest,
and documents relating to exclusion and selection criteria, must be submitted by each member of
company consortia, groups of service providers, entrepreneurs or suppliers, according to the type of
contract, and included within the tender.
The following documents are required for the assessment (exclusion, selection and awarding criteria):
A statement by the bidders to the effect that none of the situations specified in point 11 apply to
them.
Evidence of access to the market according to the national law in the country where the head
office of the bidder is located.
Evidence of legal status and capacity provided by extracts from the relevant registers.
Evidence of financial and economic capacity provided by one or several of the following documents:
relevant declarations from banks or evidence of insurance against professional risks;
presentation of balances sheets, or balance sheet extracts, for at least the last two closed
financial periods if companies are required by legislation in the country of operation to publish
financial statements;
a statement of overall business turnover and turnover relating to the proposed works, supplies or
services covered by the contract provided over a period relating to no more than the last three
financial periods.
Verification of technical and professional capacity: the technical and professional capacity of business
operators in relation to the nature, quantity or extent to which they use supply services or works in the
services they provide can be demonstrated by the following documents:
a list presenting the main services and supplies delivered in the last three years, indicating the
amount relating to the goods, date of delivery and the public or private sector recipient;
an indication of the proportion of the contract that the service provider intends to subcontract.
12.1.1 Declaration relating to the absence of any conflict of interest.
Bidders must declare that:
they are unaffected by any conflict of interest in the framework of the contract. A conflict of
interest may include a business interest, political or national affinities, family or emotional ties, or
any other type of relationship or shared interests;
any conflict of interest, or situation likely to lead to a conflict of interest, will be made known to
the awarding authority without delay;
they have not completed, and undertake not to do so, any tender of any nature that could offer
an advantage in this contract;
they have not consented to, researched, tried to obtain, or accepted for financial or any other
advantage, in favour or on behalf of any person, any illegal practice, or one directly or indirectly
resulting from corruption, as an incentive or payment relating to the awarding of this contract.
The CPVO reserves the right to verify this information.
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12.1.2 Elements of the tender
In this section, each bidder must describe, specifically and in detail, the proposed product or service
aimed at fulfilling the objectives of the contract.
12.1.3 Financial Proposal
The terms of the proposal should include the daily contractor rate to provide in-house services at the
offices of the CPVO.
Bidders should pay particular attention to the following points relating to the proposed price:
prices must be provided in EUROS, excluding all taxes and duties. Failure to comply will result in
the bid being disregarded. Prices must cover all services, including any (potential) travel and
accommodation costs for experts providing services at the offices of the CPVO in Angers, or the
offices of the contractor;
the proposed price is fixed and may not be revised throughout the initial period of the service
contract (one year);
Prices will be revised by mutual agreement between the parties when the contract for services is
renewed. The total contract period may not exceed a maximum of four consecutive years,
including the initial duration period of the contract.
13. Submission of proposals
Companies interested in this contract are asked to submit two copies of their tender no later than 12 February 2016 to the address below:
CPVO - Community Plant Variety Office Unité Administration; 3, boulevard du M. Foch – CS 10121 F - 49101 ANGERS CEDEX 2 (France)
Bidders can deliver their tenders in a number of ways:
by registered mail;
by delivering the tender (directly or by any representative of the bidder, including courier
services) to the secretariat of the CPVO at the above address between 9.30-12.30p.m. and 2.30-
4 00p.m., Monday to Friday.
Acceptable proof of submission will include:
a stamp by the Post Office; or
a receipt dated and signed by the employee in the above-mentioned department who receives
the package.
The documents must be sent in a double envelope. The two envelopes must be sealed with the
address of the department to which the package is to be delivered (as indicated in the call for tenders)
to be written on the inside envelope with the following information:
CALL FOR TENDERS No 2015-11/IT-APPLICS-DEV
Proposal from ...
NOT TO BE OPENED BY THE INTERNAL MAIL SERVICE
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If self-adhesive envelopes are used, they must be sealed with adhesive tape and the sender must sign
across that tape.
The tender must:
include the date, company stamp and signature of the bidder;
be accurate and concise and perfectly legible, avoiding any possible confusion over words and
figures;
include any document that will assist the CPVO in the task of assessing the tenders on the basis
of the award criteria listed in point 11 of these specifications;
include the price list requested in point 8 of these specifications.
Incomplete or illegible responses may lead to a proposal being rejected.
14. General Conditions
Submission of a tender:
automatically confirms acceptance of the conditions stipulated in these specifications and the
draft contract of services in Annex I;
binds the bidder to whom the contract is awarded during the performance of the contract;
automatically confirms that the bidder’s own conditions of sale or supply have been waived.
Completion of a call for tenders procedure does not place any obligation on the CPVO to award the
contract.
15. Period of validity of the tender:
Six months from 12/02/2016. Bidders will be informed of the outcome of their tender(s) by mail.
A contract of services will be signed between the CPVO and the successful bidder (hereinafter, ‘The
Contractor’). The contract will be valid from the date it is signed. The initial duration is one year,
renewable thereafter on a yearly basis by mutual agreement of the parties, following an exchange of
correspondence, and subject to the availability of sufficient funding and satisfactory implementation of
the contract. The total contract period may not exceed a maximum of four consecutive years, including
the initial duration of the contract.
This contract of services does not confer any exclusive right to supply the services covered by this
contract on The Contractor. It does not in any way place an obligation on the CPVO to purchase
services.
By signing a contract, The Contractor will be required to provide the services in accordance with the
specifications.
16. Payment conditions
Payments shall be made within 30 calendar days of receipt of the invoice. Payment will be
considered to have been made on the day the sum is debited from CPVO’s account.
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The CPVO may defer payment if the services covered by the request for payment are the subject of a
complaint presented by the CPVO, or if the supporting documents provided with the payment request
are incomplete.
Non-payment of invoices within the time period established in the contract, will engender a reminder
being sent by registered mail by The Contractor. The CPVO will then be required to explain the delay
and inform the Contractor of the likely date of payment. Any payment delayed in this way will not incur
interest or compensation payments by the CPVO.
17. Contact between the bidders and the CPVO
All contact between the bidders and the CPVO is forbidden during the procedure.
In exceptional cases, however, the CPVO may respond to a request from the bidder to provide
additional information strictly for the purpose of explaining the nature of the contract.
This additional information may be requested in writing only (by letter, email or fax) from one of
the addresses below:
By post: CPVO - Community Plant Variety Office
Unité Administration; 3, boulevard du M. Foch – CS 10121 F - 49101 ANGERS CEDEX 2 (France)
e-mail: [email protected] Fax: +33 (0)2 41 25 64 10.
Provided that the request is made in good time, this information will be made available to all bidders
simultaneously via the CPVO internet site at www.cpvo.europa.eu no later than six calendar days
before the deadline for sending or submitting tenders, or for requests for information received less
than eight calendar days before the final date for sending or submitting tenders, as quickly as possible
after the request is received.
18. List of Annexes
The draft services contract in the annex document is an integral part of this call for tenders.