MODEL LETTER OF INVITATION TO SUBMIT A TENDER - Europa
MODEL LETTER OF INVITATION TO SUBMIT A TENDER - Europa
MODEL LETTER OF INVITATION TO SUBMIT A TENDER - Europa
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DIREC<strong>TO</strong>RATE-GENERAL INTERNAL POLICIES<br />
DIREC<strong>TO</strong>RATE A - Economic and Scientific Policies<br />
Call for tender for framework service contract<br />
IP/A/ITRE/FWC/2013-046<br />
in four (4) lots for provision of external expertise on regulatory and<br />
policy issues in the fields of industry, ICT, research and innovation,<br />
energy and climate change<br />
QUESTIONS RECEIVED UNTIL 14 June 2013<br />
Ref.: Contract notice n° 2013/S 084-140889<br />
Brussels, June 2013<br />
Until 14 June 2013, the European Parliament's services have received the following questions<br />
and have responded as follows:<br />
Q1. We currently have a framework contract with the European Parliament in another subject<br />
area. Would the submission of a proposal for this framework contract, and the potential<br />
selection result in a conflict of interest with any current or future work carried out under<br />
our existing framework contract or under a possible future contract in another subject<br />
area?<br />
A1. To participate in one of the framework contract call for tenders does not constitute a conflict<br />
of interest in view of the participation in the other ones. Similarly, contractors can have several<br />
(framework) contracts with the European Parliament running in parallel.<br />
***<br />
Q2. Regarding Invitation to tender IP/A/ITRE/FWC/2013-046, please can you advise on<br />
the following:<br />
1. Section 15.2 requests ‘Proof of membership in academic research networks or thinktanks<br />
or other indications for scientific excellence such as awards, grants for research projects<br />
and similar.’ Please can you advise whether a simple list of the memberships the team<br />
members have will suffice? If not please can you advise what proof we will need to submit<br />
regarding this point?<br />
2. Section 15.2 also requests ‘Proof of relevant articles touching on issues of the EU<br />
institutional framework, experience in working in an area related to EU issues, participation<br />
in conferences, courses etc. on matters related to the European Union’. This information will<br />
be included in the team members CVs, please can you advise whether this will cover this<br />
point?<br />
1
A2.1. A simple list of memberships/awards/grants would suffice.<br />
A2.2. You are kindly requested to prepare a separate (short) document listing proof of<br />
knowledge of the EU institutional framework and decision-making process for the team<br />
members proposed.<br />
***<br />
Q3. Regarding the Invitation to tender IP/A/ITRE/FWC/2013-046 please can you confirm<br />
the following:<br />
1. For the administrative part of the offer, do subcontractors need to complete and sign<br />
section 6. Exclusion Criteria?<br />
2. Section 15.2 Technical and Professional capacity, in the Specific Regulations document,<br />
request the following:<br />
i. A list of similar services supplied within the last three (3) years, with the sums, dates<br />
and recipients<br />
ii. In the list of similar services, tenderers are asked to mark in bold at least four<br />
international or national scientific contracts in the past five years<br />
This seems to be asking for one list of similar services for the past 3 years, however point ii<br />
asks to highlight in bold the above mentioned specific services in the past 5 years. However<br />
we will have only included services from the past 3 years according to point i. Please can<br />
you clarify how many years of similar services and specific international or national<br />
scientific contracts that we need to provide?<br />
A3.1. Subcontractors do not need to sign section 6. Exclusion Criteria of the "Administrative<br />
part of offer" document. Please note however that during the contract award procedure or<br />
performance of the contract the European Parliament may require tenderers to supply<br />
information about the financial, economic, technical and professional capacity of the proposed<br />
subcontractor(s). Likewise, the European Parliament may demand the requisite proof to establish<br />
whether the subcontractors comply with the requisite exclusion criteria. Please also note that the<br />
European Parliament is entitled to reject any subcontractor who does not comply with the<br />
exclusion and selection criteria. As for joint tenders, an "Administrative part of offer" document<br />
for each of the submitting parties must be included. For more information, see also points 8. and<br />
9. of the "Specific regulations governing the preparation and award of the multiple framework<br />
service contract IP/A/ITRE/FWC/2013-046".<br />
A3.2. For the sake of convenience of tenderers, we propose that they limit themselves to<br />
submitting one list which fulfils all requirements. As is evident from the wording, the list of<br />
services similar to those required by each lot for which the tenderer is applying must cover the<br />
last three years. For giving proof of experience with international or national scientific contracts,<br />
the European Parliament wants to give some leeway to tenderers insofar as also contracts within<br />
the last five years count, but it is perfectly possible that tenderers might easily have four<br />
international or national scientific contracts already within the last three years. In such a case it<br />
would be sufficient to provide a list for three years, marking in bold four international/national<br />
scientific contracts.<br />
If a tenderer does not reach four international/national scientific contracts in the last three years,<br />
he/she is encouraged to detail in the list the remaining international/national scientific contracts,<br />
which must, however, have been supplied within the last five years.<br />
In short, the list must cover the three last years, but need not extend to five years if the necessary<br />
requirements are met already. At the same time, proof of international/national scientific<br />
contracts dating further back than five years will not be taken into account in the evaluation.<br />
2
***<br />
Q4. Regarding the CVs, are they expected to be in EuroPass format? Otherwise, any other<br />
format?<br />
A4. The CVs can take any format. As to the content the educational and professional<br />
qualifications of the staff should be included and for each CV it is to be indicated if it<br />
corresponds to a researcher, senior researcher or project leader profile.<br />
***<br />
Q5. Regarding the aforementioned Invitation to Tender, two of the distributed documents<br />
are<br />
· annex_III_technical_offer<br />
· specific_regulations_for_prep_and_award<br />
Both documents explain the expected contents of the Composition of the research team<br />
(Chapter 1 in the Technical Offer) including Multidisciplinarity, coherence, variety and<br />
range of skills at the tenderer's disposal, including relevant CVs, also references of similar<br />
services, scientific contracts, publications, maximum 5 pages.<br />
We would appreciate it if you could please explain HOW can we address all topics listed in<br />
the Chapters 15 and 16 of the "specific_regulations_for_prep_and_award" for Selection<br />
and Award Criteria, if the whole of the "Composition of the Research Team" must fit<br />
within 5 pages. In particular,<br />
· The expected format of the CVs. The typical EuroPass CV covers between 3 and 5<br />
pages, if not much longer<br />
· We guess, we shall just include a List of References (each reference, one line in a<br />
table); otherwise we shall need not less than half to one page per reference.<br />
A5. The tenders which are administratively in order and fulfil the exclusion criteria will first be<br />
assessed according to the selection criteria which are described in point 15. of the "Specific<br />
regulations governing the preparation and award of the service contract". For this part, tenderers<br />
would need to provide proof for each of the 6 points listed on page 15 of the above document.<br />
Concerning the selection criteria there is no limit as to the number and length of the documents<br />
tenderers may submit. You can thus submit a CV or a list of references as long as you feel fit.<br />
Those tenders which fulfil the selection criteria are then evaluated according to the award criteria<br />
which are described in point 16. of the "Specific regulations governing the preparation and<br />
award of the service contract". Annex III. Technical Offer corresponds to the "Quality" part of<br />
the award criteria as described in point 16.1. of the "Specific regulations governing the<br />
preparation and award of the service contract". For this part there are limits to the length of the<br />
documents to be submitted. Tenderers are requested to summarise and highlight the most<br />
important and relevant aspects of their offer.<br />
***<br />
Q6. Are tenderers who intend to apply for more than one lot required to prepare a<br />
separate application for each lot even though in such a case part of the information will be<br />
identical in all application packages. In other words, is it possible to submit a common part<br />
and another, lot-specific one?<br />
A6. A separate application needs to be prepared for each lot that the tenderer intends to apply<br />
for, including all documents requested. The evaluation of the lots are independent from<br />
3
each other, we therefore cannot refer to documents submitted for another lot or as a 'general' part<br />
of the application.<br />
***<br />
Q7. This question concerns page 15 of the Specific regulations governing the preparation<br />
and award of the multiple framework service contract.<br />
In section 15.2 – Technical and professional capacity, the regulations require “the<br />
successful completion of at least four (4) international or national scientific contracts in the<br />
past five (5) years as part of such previous experience”.<br />
We would appreciate clarification of what constitutes an “international or national<br />
scientific contract”, and examples of the types of services that would meet this<br />
requirement. Would you accept past services/contracts that were performed for privatesector<br />
entities, in addition to services carried out for international and national<br />
governmental bodies? Would the provision of professional services similar to those<br />
requested in the tender documents qualify as a “scientific contract”?<br />
A7. The expression "scientific contract" refers to the approach used in elaborating the product<br />
for the national or international entities concerned, and not to the contract as such. The approach<br />
in elaborating the product needs to have been methodologically scientific.<br />
Scientific in this sense can be understood as gathering evidence from the outside world to<br />
formulate a hypothesis and then testing it by collecting and analysing data, in order to<br />
reformulate the hypothesis, as warranted. Evidently, in the ITRE area, sometimes the testing of a<br />
hypothesis might as well concern assessing the compatibility of a specific policy with higherranking<br />
law, or using qualitative approaches as usual in social sciences, which would still be<br />
qualified as "scientific".<br />
The contracts are not restricted to international and national governmental bodies, they can be<br />
also with private sector entities.<br />
***<br />
Q8. Should the administrative offer, technical offer and financial offer be in one document<br />
or should each offer be in a separate document?<br />
A8. The administrative offer, technical offer and financial offer should be in a separate<br />
document. These documents can be downloaded from the following website:<br />
http://www.europarl.europa.eu/tenders/invitations.htm The format of these documents need to be<br />
retained and you should elaborate your offer by attaching the different documents requested<br />
under sections 14.-16. of the Specific regulations governing the preparation and award of the<br />
multiple framework service contract.<br />
***<br />
Q9. On page 5 of the “Specific regulations” document it is mentioned that “If self-adhesive<br />
envelopes are used, they must be sealed with adhesive tape bearing the signature of the<br />
sender. The signature of the sender shall be deemed to comprise either the hand-written<br />
signature, or the signature and the company stamp.” Can any person sign the envelope or<br />
should it be the same person who has signed the offers who also should sign the envelopes?<br />
A9. Any person from the tenderers organisation can sign the envelopes. The offer should be<br />
signed by a person duly authorised to sign on behalf of the tenderer.<br />
4
***<br />
Q10.1 Point 7 “Prices”, page 12 of the Global ToR. It is mentioned that, for briefing notes,<br />
there should be indication of “fixed price” in the “Pricelist Form”. At the same time, the<br />
“Pricelist Form” (Annex IV), which is to be filled in, only gives the option of “daily rate”,<br />
which should be multiplied per specific number of working days. Could you please clarify<br />
how we should foresee the “fixed price” required for the Briefing Note within the Pricelist<br />
Form of the Annex IV?<br />
Since this is a FwC, we cannot estimate Number of Days required for the assignment.<br />
A10.1 For briefing notes tenderers need to indicate how many man/days they consider<br />
necessary to finalise such a product: for the project leader, for the senior researcher etc. They<br />
also need to indicate the daily rates for the different staff categories. They then have to multiply<br />
the daily rates for the different kinds of staff who work on the product (see section 16.2 of the<br />
specific regulations: "Daily rate means the price per man/day deployed. Figures with up to two<br />
decimals may be used") with the number of days they, on average, consider necessary to finalise<br />
such a product, and add all these costs for a total price of a briefing note, which will be a fixed<br />
price.<br />
In the case of studies and workshops, this total cost will only be determined during the reopening<br />
of competition, as time frames and length of studies can vary considerably. Here, only the daily<br />
rates for the different staff categories needs to be quoted.<br />
***<br />
Q10.2 Point 4 of the Administrative Part (Annex II) “Information on Consortia” should<br />
also be filled in by Partners, or only Consortium Leaders?<br />
A10.2. In principle, consortium partners have to fill in each an "administrative part of offer" as<br />
they officially are tenderers as well.<br />
However, certain sections, from their wording, are not applicable to them and can be omitted<br />
(especially section 4, which only relates to the lead tenderer).<br />
We require in any case that consortium partners fill in:<br />
Section 1 (para 1.10 can be omitted if all payments are processed via the lead tenderer of<br />
the consortium)<br />
Section 2<br />
Section 3 (as a member of a consortium, just tick "Yes" but you do not have to fill in the<br />
names of the other members of the consortium as you are not the lead tenderer)<br />
Section 5 (if the tenderer, as a partner of a consortium, intends to subcontract certain<br />
services to other economic operators)<br />
Section 6<br />
Section 7 and the relevant documents to be attached<br />
Section 8<br />
***<br />
Q10.3 Page 8 of the Administrative Form and page 15 of the Specific Regulations. Could<br />
you please clarify whether similar services sample to be included in the offer should entail<br />
the last 3 or the last 5 years? There seems to be contradiction about this in the Tender<br />
Dossier.<br />
A10.3 As is evident from the wording, the list of services similar to those required by each lot<br />
for which the tenderer is applying must cover the last three years.<br />
For giving proof of experience with international or national scientific contracts, the European<br />
Parliament wants to give some leeway to tenderers insofar as also contracts within the<br />
5
last five years count, but it is perfectly possible that tenderers might easily have four<br />
international or national scientific contracts already within the last three years. In such a case it<br />
would be sufficient to provide a list for three years, marking in bold four international/national<br />
scientific contracts.<br />
If a tenderer does not reach four international/national scientific contracts in the last three years,<br />
he/she is encouraged to detail in the list the remaining international/national scientific contracts,<br />
which must, however, have been supplied within the last five years.<br />
In short, the list must cover the three last years, but need not extend to five years if the necessary<br />
requirements are met already. At the same time, proof of international/national scientific<br />
contracts dating further back than five years will not be taken into account in the evaluation.<br />
***<br />
Q10.4 Page 4 of the Specific Regulations has contradictory pieces of information<br />
regarding the submission type: could you confirm whether the submission should be<br />
postmark or the deadline indicates the day that our offer should reach the EP Directorate<br />
General Internal Policies of the Union?<br />
A10.4 If tenders are submitted by post or by courier company, the postmark or the date of the<br />
deposit slip shall be no later than 20 June 2013.<br />
***<br />
Q10.5 Page 9 of the Specific Regulations, point 8.2 mentions that “The tenderers who are<br />
members of the consortium shall describe in detail the contractual arrangements between<br />
the members…”. Could you kindly elaborate on what exactly is meant by the phrase and<br />
how “in detail” should the contractual arrangements between private companies be<br />
explained in this offer?<br />
A10.5 The consortium of economic operators shall furnish proof of its legal form in the tender<br />
and the contractual arrangements should thus be explained in the offer. Furthermore, tenders<br />
from consortia of economic operators must specify the role, qualifications and experience of<br />
each of the members of the consortium.<br />
***<br />
Q11. Is it expected that tenderer includes for proposed sub-contractors a sort of statement<br />
of availability to support the consortium?<br />
A11. It is not necessary to submit a statement of availability from the subcontractors.<br />
Nevertheless, you might still want to receive some kind of statement from the subcontractors as<br />
you will need to declare under point 5 of the Administrative part of offer document which<br />
economic operators will act as subcontractors and the details of subcontracting. Furthermore, if a<br />
tenderer in order to fulfil the selection criteria relies on the capacity of other entities -<br />
irrespective of the legal nature of the links between himself/herself and those entities - he/she<br />
must prove to the European Parliament that he/she will have at his/her disposal the resources<br />
necessary for performance of the contract, for example by producing an undertaking on the part<br />
of those entities to place those resources at his/her disposal. In such a case the European<br />
Parliament is entitled to refuse the application or the tender submitted if it has doubts about the<br />
undertaking by the third party.<br />
Furthermore, the European Parliament reserves the right to require information to be provided on<br />
the financial, economic, technical and professional capacities of the proposed subcontractor(s),<br />
and that the European Parliament may demand the requisite proof to establish whether the<br />
subcontractors comply with the exclusion criteria applying to tenderers.<br />
6
***<br />
Q12.1. A sub-contractors could be also sub-contractor or partner in another Consortium<br />
for the same Tender and/or Lot?<br />
A12.1. Economic operators may be part of two bids, as it would be contrary to the principle of<br />
competition to forbid an economic operator to participate within two different bids for the same<br />
or different lots. In this context, it does not matter whether the expert would be a member of a<br />
consortium or act as a subcontractor.<br />
However, the European Parliament will ensure, when evaluating the offers, that the presence of<br />
the same economic operator in two offers is not aimed at reducing competition and at increasing<br />
the price of both offers.<br />
***<br />
Q12.2. Since role of each sub-contractor will depend on specific requests received within<br />
the Framework Contract, it seems difficult to define in this phase the % of sub-contracted<br />
part of the contract (as required in Annex II – Section 5: declaration concerning subcontractors).<br />
Should the declared value be respected during the implementation phase (on<br />
a when and if needed base) or could it be different?<br />
A12.2. You are requested to make an estimation specifying the maximum percentage you<br />
intend to subcontract. As it is difficult to foresee the exact amount of subcontracting throughout<br />
the whole framework contract this percentage could possibly be different in the implementation<br />
phase. The European Parliament must be informed by the contractor in case the quoted<br />
maximum percentage is exceeded during the implementation phase. The relevant authorising<br />
officer reserves the right to accept or reject the higher ratio of subcontracting.<br />
Q12.3 Should sub-contractors sign the statement on exclusion criteria?<br />
***<br />
A12.3 Subcontractors need not sign the statement on exclusion criteria. Please note, however<br />
that the European Parliament reserves the right to require information to be provided on the<br />
financial, economic, technical and professional capacities of the proposed subcontractor(s), and<br />
that the European Parliament may demand the requisite proof to establish whether the<br />
subcontractors comply with the exclusion criteria applying to tenderers.<br />
Q12.4. Could also CVs of sub-contractors be included in the proposed staff?<br />
***<br />
A12.4 Yes, a complete and comprehensive documentation from the sub-contractors , including<br />
the CVs should be included in the tender in case the tenderer intends to rely on the capacity of<br />
other entities. The submitted documentation should allow the evaluation of the selection criteria<br />
and the award criteria as set out in sections 15.-16. of the Specific regulations governing the<br />
preparation and award of the multiple framework service contract.<br />
***<br />
Q12.5. Selection criteria: list of similar services of last 3 years. Should tenderer include in<br />
the list of provided services also ones provided by sub-contractors or only by Consortium<br />
Partners?<br />
A12.5. See the above answer. There is no difference in the documents to be submitted<br />
7
depending on the legal nature of the links between the entities in the tender.<br />
***<br />
Q12.6 Selection criteria: proof of relevant articles touching issues of the EU Institutional<br />
framework, participation in conferences, courses, etc. Should these articles belong only to<br />
staff included in the proposal or also to other staff working for the tenderer (the same for<br />
courses and conferences)?<br />
A12.6. The selection criteria mainly relate to individual experience and covers staff that is<br />
proposed for the tender.<br />
***<br />
Q12.7. Selection criteria: proof of relevant articles touching issues of the EU Institutional<br />
framework, participation in conferences, courses, etc. Should these articles, courses and<br />
conferences address the specific topic of the lot tendered for?<br />
A12.7. This criteria touches on the general knowledge of EU institutions, governance,<br />
competences, legal system, etc. It is not necessary for the articles, courses and conferences to<br />
address the specific topic of the lot tendered for.<br />
***<br />
Q12.8. Technical offer: methodology. Is maximum length of 5 or 6 pages (it is stated<br />
maximum 6 pages in Annex III and maximum 5 pages in Specific Regulations –<br />
Section 16)?<br />
A12.8. The maximum length of the methodology is 5 pages.<br />
***<br />
Q13. I have a question related to the present invitation to tender IP/A/ITRE/FWC/2013-<br />
046: the specific regulations of the invitation to tender under section 15.2. (Technical and<br />
professional capacity) point vi state:<br />
(Quote)<br />
Proof of relevant articles touching on issues of the EU institutional framework, experience<br />
in working in an area related to EU issues, participation in conferences, courses etc. on<br />
matters related to the European Union<br />
(Unquote)<br />
Could you please provide us with further guidance as regards the nature of the required<br />
proof, i.e. what type of evidence/proof would be regarded as sufficient?<br />
A13. This criteria touches on the general knowledge of EU institutions, governance,<br />
competences, legal system, etc. Feel free to submit any evidence/proof you deem could be<br />
relevant.<br />
***<br />
Q14.1. Do in case of a consortium all partners need to complete Annex II or only the lead<br />
partner?<br />
A14.1. See question 10.2.<br />
***<br />
8
Q14.2. Do in case of a consortium all consortium partners need to complete a legal entity<br />
form?<br />
A14.2. Consortium partners need to sign some kind of agreement before submitting the tender<br />
(see paras 8.3 and 8.4 of the Specific Regulations). However, no entity with a legal personality<br />
needs to be set up for the tender; tenderers can make use of other legal forms as described in<br />
paras 8.3. and 8.4. Furthermore, the consortium members can commit (in writing) that they will<br />
form a legal entity should they be awarded the contract. They would also need to provide details<br />
of the consortium agreement in their offer (see paras 8.2 and 8.5 of the Specific Regulations).<br />
***<br />
Q15. I contact you with reference to tender in object to ask for the following clarification:<br />
Annex II – Administrative Part of the offer<br />
Please confirm if a separate Annex II should be provided by each member of the<br />
Consortium for Sections 1, 2 and 3.<br />
Should we include in Section 7 the overall Consortium financial capacity or should we<br />
include a separate Section for each Consortium member?<br />
Finally For Sections 4, 5 and 8, should it be signed by each member of the Consortium or<br />
only by the Lead Partner, in case that a Power of attorney in included?<br />
The same for Annex III and Annex IV, could it be signed only by the Lead Partner (in case<br />
that a Power of attorney in included) or should each member sign a separate one?<br />
A15. In principle, consortium partners have to fill in each an "administrative part of offer" as<br />
they officially are tenderers as well.<br />
However, certain sections, from their wording, are not applicable to them and can be omitted<br />
(especially section 4, which only relates to the lead tenderer).<br />
We require in any case that consortium partners fill in:<br />
Section 1 (para 1.10 can be omitted if all payments are processed via the lead<br />
tenderer of the consortium)<br />
Section 2<br />
Section 3 (as a member of a consortium, just tick "Yes" but you do not have to fill<br />
in the names of the other members of the consortium as you are not the lead tenderer)<br />
Section 5 (if the tenderer, as a partner of a consortium, intends to subcontract<br />
certain services to other economic operators)<br />
Section 6<br />
Section 7 and the relevant documents to be attached<br />
Section 8<br />
Section 7 should list the individual financial capacity of each Consortium member.<br />
Section 4 only needs to be filled out by the Lead Partner, sections 5 and 8 however need to<br />
be signed by each member of the Consortium.<br />
Annex III and Annex IV needs only be completed and signed by the Lead Partner.<br />
***<br />
Q16. It is not clear to me to what extent this tender procedure cover services requiring<br />
legal expertise, and to what extent the services to be provided might consist also in<br />
assistance on regulatory and policy issues.<br />
9
Based on my understanding of the Global terms of reference, Lot 1 , Lot 3 and Lot 4 might<br />
cover also analysis and assessment of the relevant regulatory framework.<br />
However, I would like to know whether you foresee that the legal analysis will be a<br />
marginal part of the contractual services, or whether such part will be substantial.<br />
On the other hand I would like to know whether most of the services will consist mostly in<br />
an assessment of technical and economic issues.<br />
A16. It is difficult to predict exactly what kind of services will be requested under the<br />
framework contract. Most of the advice requested will likely relate to the evaluation of policies<br />
and legislation, the identification and (legal, technical, social, environmental, economic, etc.)<br />
analysis of policy options. Examples of studies carried out in the competence area of ITRE can<br />
be found on the following webpage:<br />
http://www.europarl.europa.eu/committees/en/itre/studies.html#menuzone<br />
***<br />
Q17. Regarding the Invitation to tender IP/A/ITRE/FWC/2013-046, please can you<br />
confirm on the following:<br />
1. For the administrative part of the offer, can we provide financial statements in our<br />
first language, in French for example?<br />
Documents can be submitted in any language, however if they are not originally written in<br />
English they should be accompanied by an English language version.<br />
***<br />
Q18. Regarding Invitation to tender IP/A/ITRE/FWC/2013-046, please can you advise<br />
whether we can include the years of educational experience (Masters level) to count<br />
towards the required total years of experience for a Researcher (more than 5 years).<br />
A18. The educational experience does not count towards to required work experience. The<br />
work experience - which can be professional or academic - needs to be acquired after the date the<br />
degree has been awarded.<br />
***<br />
Q19. Is the project leader only referring to the Lead tenderer (coordinator of the<br />
consortium) or also to each partner of the consortium?<br />
A19. The project leader is the natural person responsible for the overall management from the<br />
part of the tenderer. It is only necessary to appoint a single project leader who can be either from<br />
the lead tenderer or from one of the consortium partners.<br />
***<br />
Q20. Regarding the Invitation to tender IP/A/ITRE/FWC/2013-046, please can you<br />
confirm whether we must provide a Statement of Exclusivity for all of the experts that we<br />
propose? If not for all experts, then who or which entities are required to provide<br />
Statements of Exclusivity?"<br />
A20. You do not need to submit any statements regarding your experts' potential participation<br />
in other tenders or on exclusivity in the same tender. Please see also Q12.1 in this regard.<br />
***<br />
10
Q21. Point 5 on Annex II regarding the subcontracts – since we don’t have a subcontract<br />
none of us (coordinator or partners) has to sign it right?<br />
A21. If you don't intend to subcontract part of the contract you don't need to sign section 5 of<br />
the Administrative Part of Offer.<br />
Q22. With regard to the page numbers (e.g. 5 pages for methodology) - is this per Lot?<br />
***<br />
A22. A separate offer needs to be submitted for each lot. The page limits regarding the<br />
documents concerning the award criteria are to be understood per lot.<br />
***<br />
Q23. We have another query concerning annex II – section 7.2.5 and 7.2.6. How many past<br />
years do we have to consider?<br />
A23. For the selection criteria under section 7.2.5. and 7.2.6. in Annex II, there is no time limit<br />
set, it is left to your discretion how recent proof you would like to include in your offer.<br />
***<br />
Q24. Considering cooperation between organizations and individual experts, are the<br />
individual experts considered as subcontractors? If that’s the case, what documents exactly<br />
have to be included in the tender regarding subcontracting?<br />
A24. Cooperation between economic operators (natural or legal persons) can take the form of a<br />
consortium or subcontracting. For more information on these please see sections 8 and 9 of the<br />
document 'Specific regulations governing the preparation and award of the multiple framework<br />
service contract'<br />
http://www.europarl.europa.eu/tenders/2013/20133004/specific_regulations_for_prep_and_awar<br />
d.pdf. In case of subcontracting the lead tenderer or tenderers who intend to use subcontractors<br />
needs to fill out section 5 of 'Annex II Administrative part of offer'. As for the documents to be<br />
submitted by subcontractors, see Q12.3, Q 12.4 and Q 12.5.<br />
***<br />
Q25. Section 15 (Selection Criteria) specifies that tenderers must have a total annual<br />
turnover of at least € 250,000 over the last 2 financial years, to be increased by € 50,000 for<br />
each additional lot the tenderer is applying for. Could you please clarify whether the €<br />
250,000 figure (plus € 50,000 per lot) has to be met in each of the last financial years or<br />
would it suffice that the average annual turnover over the last financial years exceeds that<br />
amount? For the purpose of calculation may we use the results of the last 3 financial years?<br />
A25. The € 250,000 figure (plus € 50,000 per lot) has to be met in each of the last financial<br />
years. For the purposes of calculation the last 2 financial years for which accounts have been<br />
closed should be used. Please note that tenderers may rely on the capacity of other entities to<br />
prove their financial and economic capacity. See chapter 15.1.of the "Specific regulations<br />
governing the preparation and award of the multiple framework service contract<br />
http://www.europarl.europa.eu/tenders/2013/20133004/specific_regulations_for_prep_and_awar<br />
d.pdf in this regard.<br />
***<br />
Q26. We would like to include external experts in our team (to provide specific expertise<br />
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in selected areas): should they be considered as "subcontractors"? Should they sign an<br />
undertaking statement?<br />
A26. External experts should be considered as subcontractors. Alternatively you can form a<br />
consortium with them and submit a joint tender. As regards the undertaking statement please see<br />
question 11 of the present document.<br />
***<br />
Q27. 1 Please confirm that if a tenderer is not going to include any subcontractor, he/she<br />
is not required to sign Section 5 of Annex II also.<br />
A27.1 If a tenderer does not intend to use subcontractors, Section 5 of Annex II does not need<br />
to be completed.<br />
Q27.2 Could a member of a Consortium include CV of external experts for this proposal<br />
or only in-house staff is eligible? Is a statement of availability by these experts required?<br />
A27.2 CVs of external experts can be included in the tender. Please note however that external<br />
experts will be regarded as subcontractors or alternatively you would need to form a consortium<br />
with them and submit a joint tender. Concerning the statement of availability please see Question<br />
11 of the present document.<br />
Q27.3 Could a tenderer or member of a consortium include CVs of more than one project<br />
leader?<br />
A27.3 A single project leader should be included in point 1.8. of Annex II, who would act as a<br />
contact point during the tender procedure. You could include further project leaders for the<br />
members of a consortium or with a view to the management of individual requests (to be<br />
included under Annex III Technical offer - Composition of the research team).<br />
Q27.4 The project leader mentioned in Annex II - Section 1 (point 1.8) should be also<br />
included in the list of proposed staff?<br />
A27.4 The project leader mentioned in Annex II - Section 1 (point 1.8) acts mainly as a contact<br />
point during the tender procedure and hence need not be included in the list of proposed staff.<br />
Q27.5 In the Financial offer, in the case of short briefing notes, is it required to indicate<br />
the number of days required for each category of expert (project leader, senior researcher,<br />
researcher and support staff) producing for example a short briefing note: in the<br />
estimation of working days, are all these different experts supposed to work simultaneously<br />
on the same briefing note so that the total number of working days is within the range of<br />
10-20 days as required for short briefing notes or may each expert work independently for<br />
a number of working days among 10-20 depending on his/her experience? In the latter case<br />
the total number of working days (for all type of expertise) would be greater that 10-20.<br />
A27.5 The number of days quoted in section 3.2.1 of Annex I 'Global terms of reference' refer<br />
to the number of calendar days under which the services need to be delivered. So for a short<br />
briefing note, the contractor would have between 10 and 20 days from the signature of the order<br />
form to deliver the briefing. The exact timeframe will be defined in the specific requests. When<br />
completing Annex IV 'Financial Offer' you would need to quote the number of days that staff in<br />
the different categories will actually spend on working on the project. For example, if for a<br />
project with a deadline of 15 days you estimate that you would need one senior researcher to<br />
work 10 days and in parallel another senior researcher to work 8 days, you should quote 18 days<br />
in the corresponding cell of the table in Annex IV.<br />
12
Q27.6 In the case that all type of experts are not required to work together on the same<br />
briefing note, should we quote the number of working days required by each type of expert<br />
supposing that he/she will work alone to satisfy a specific request?<br />
A27.6 See answer to question 27.5.<br />
Q27.7 In the Financial offer, in the case of Briefing notes, is the maximum number of<br />
working days proposed by the tenderer in this step of the proposal considered the<br />
maximum number of working days possible for implementation of a specific service? If one<br />
tenderer indicates here for example 15 working days in total for a short briefing note,<br />
could be quoted for a specific request an higher number (or lower) of working days?<br />
A27.7 See answer to question 27.5.<br />
Q27.8 In the Financial offer, in the case of studies and workshops, can you please confirm<br />
that the estimated number of working days here is not required but only the daily rate is<br />
required?<br />
A27.8 For studies and workshops only the daily rates for the different staff categories need to<br />
be quoted.<br />
***<br />
Q28.1 Please confirm that person indicated as Project Leader in Section II (point 1.8)<br />
being only a contact person with the Contracting Authority and not a member of staff<br />
involved, doesn't need to have 10 years ‘relevant experience.<br />
A28.1 A person indicated as Project Leader in Section II (point 1.8) being only a contact person<br />
with the Contracting Authority and not a member of staff involved, doesn't need to have 10 years<br />
‘relevant experience. Persons involved in carrying out the services as project leaders would<br />
however need to have a professional and/or academic experience of a minimum of 10 years.<br />
Q28.2 We would like to propose also some external experts that will be listed in Section 5 of<br />
Annex II. If during Framework Contract implementation we will need to recruit another<br />
external expert (not foreseen here) with a particular expertise to respond to a specific<br />
request, would it be possible?<br />
A28.2 Yes, it would be possible to recruit additional experts who act as subcontractors to carry<br />
out a specific request. Please note that the European Parliament must be informed by the<br />
contractor of any subsequent use of subcontracting not envisaged in the tender. The relevant<br />
authorizing officer reserves the right to accept or reject the proposed subcontractor. In order to<br />
do so he/she may demand the requisite proof to establish whether the subcontractor(s)<br />
complies/comply with the requisite criteria.<br />
Q28.3 Does each external expert (included in the list of subcontractors) need to satisfy the<br />
financial capacity of € 250.000 over the last 2 financial years, also in the case that our<br />
consortium does not need them to cover the selection criteria of financial capacity?<br />
A28.3 To calculate the threshold the total financial and economic capacity of all the members<br />
of a consortium is taken into account, so the cumulative turnover of the consortium members<br />
counts. Similarly, if subcontracting is used, the financial and economic capacity of<br />
subcontractors is taken into account in addition to the financial and economic capacity of the<br />
tenderer/consortium. Subcontractors or consortium members do not need to individually meet<br />
the threshold of annual turnover/income of € 250.000 over the last 2 financial years. Please note<br />
that if the tenderer relies on the capacity of other entities (irrespective of the legal nature of the<br />
links between himself/herself and those entities) he/she must prove to the European<br />
13
Parliament that he/she will have at his/her disposal the resources necessary for performance of<br />
the contract, for example by producing an undertaking on the part of those entities to place those<br />
resources at his/her disposal. In such a case the European Parliament is entitled to refuse the<br />
application or the tender submitted if it has doubts about the undertaking by the third party.<br />
***<br />
14