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E-Alicante: software quality control

Request For Proposals

General Information
Country:   Spain
City/Locality:   ALICANTE
Notice/Contract Number:   eu:135579-2009
Publication Date:   May 19, 2009
Deadline:   Jul 15, 2009
Buyer:   OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS)
Original Language:   English

Contact Information
Address:   OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS)
ALICANTE, Alicante / Alacant
Spain
Web Site:   http://oami.europa.eu/ows/rw/pages/OHIM/publicProcurement/publicProcurement.es.do

Goods, Works and Services

 

Summary

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Notice Type: C398 - Contract notice
Regulation of Procurement: European Institution/Agency or International Organisation
EU Official Journal Publication: 95/2009, #135579-2009
Contract Nature: Service contract
Procedure Type: Open procedure
Type of Bid Required: Global tender
Awarding Criteria: The most economic tender

Original Text

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CONTRACT NOTICE
Services
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S): Office for Harmonization in
the Internal Market (trade marks and designs), Avenida de Europa, 4,
Contact: Mr Fabrizio Bertora, E-03008 Alicante. E-mail:
procurementGSD@oami.europa.eu. Fax +34 965138500.
Internet address(es):
General address of the contracting authority:
http://oami.europa.eu/ows/rw/pages/OHIM/publicProcurement/
publicProcurement.es.do.
Further information can be obtained at: As in above-mentioned contact
point(s).
Specifications and additional documents (including documents for
competitive dialogue and a dynamic purchasing system) can be obtained at:
As in above-mentioned contact point(s).
Tenders or requests to participate must be sent to: As in above-mentioned
contact point(s).
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY OR ACTIVITIES:
European institution/agency or international organisation.
SECTION II: OBJECT OF THE CONTRACT
II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
Software quality control.
II.1.2) Type of contract and location of works, place of delivery or of
performance: Services.
Service category: No 7.
Main place of performance: OHIM, Alicante, SPAIN.
NUTS code: ES521.
II.1.3) The notice involves: The establishment of a framework agreement.
II.1.4) Information on framework agreement: Framework agreement with
several operators.
Number of participants to the framework agreement envisaged: 3.
Duration of the framework agreement: Duration in year(s): 4
Estimated total value of purchases for the entire duration of the
framework agreement:
Estimated value excluding VAT: 10 000 000 EUR.
II.1.5) Short description of the contract or purchase(s): Provision of
services for software quality control for the needs of IT development
projects in the areas of the office core business, e-business/online
systems, business support and stakeholder cooperation.
II.1.6) Common procurement vocabulary (CPV): 72200000.
II.1.7) Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8) Division into lots: No.
II.1.9) Variants will be accepted: No.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope: Software quality control for assistance
in the verification and validation of any development product or artefact.
The service provider will be expected to be in a position to evaluate any
subset (or all) products in a development project. Different methodologies
may be used for the carrying out of the projects (waterfall, iterative,
test-driven, extreme, etc.).
Estimated value excluding VAT: 10 000 000 EUR.
II.2.2) Options: No.
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION: Duration in
months: 48 (from the award of the contract).
SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION
III.1) CONDITIONS RELATING TO THE CONTRACT
III.1.1) Deposits and guarantees required: The submission of a tender is
not subject to lodging a preliminary deposit. A bank guarantee for an
amount equivalent to 250 000 EUR shall be issued by a bank, an authorised
financial institution or a third party in favour of the office. It shall
be released 6 months after payment of the balance of the last purchase
order or specific agreement. It shall cover performance of the contract in
accordance with the terms set out in the technical specifications.
III.1.4) Other particular conditions to which the performance of the
contract is subject: No.
III.2) CONDITIONS FOR PARTICIPATION
III.2.1) Personal situation of economic operators, including requirements
relating to enrolment on professional or trade registers: Information and
formalities necessary for evaluating if requirements are met: Tenderers
shall be excluded from this invitation to tender where:
a) they are bankrupt or being wound up, are having their affairs
administered by the courts, have entered into an arrangement with
creditors, have suspended business activities, are the subject of
proceedings concerning those matters, or are in any analogous situation
arising from a similar procedure provided for in national legislation or
regulations;
b) they have been convicted of an offence concerning their professional
conduct by a judgment which has the force of res judicata;
c) they have been guilty of grave professional misconduct proven by any
means which the contracting authorities can justify;
d) they have not fulfilled obligations relating to the payment of social
security contributions or the payment of taxes in accordance with the
legal provisions of the country in which they are established or with
those of the country of the contracting authority or those of the country
in which the contract is to be performed;
e) they have been the subject of a judgment which has the force of res
judicata for fraud, corruption, involvement in a criminal organisation or
any other illegal activity detrimental to the Communities' financial
interests;
f) they are currently subject to an administrative penalty;
g) they are subject to a conflict of interest. For the purpose of this
call for tenders, a 'conflict of interest' is deemed to exist, in
particular, when, at the moment of the signature of the awarded framework
contract, a tenderer or a member of a tendering consortium or a
subcontractor of a main tenderer has a valid contract with the OHIM which
purpose is to develop or maintain IT applications which are subject to
software quality control by the company awarded the contract (this is to
say in the areas of core business, e-business, online systems, business
support or stakeholder cooperation). The successful tenderers must also
take into account that if the office launches, during the period of
validity of the awarded contract, 1 or more tendering procedures for the
award of contracts whose purpose is to develop or maintain IT applications
which are subject to software quality control, they might be subject to
the same conflict of interest;
h) they are guilty of misrepresentation in supplying the information
required by the contracting authority as a condition of participation in
the procurement procedure or fail to supply this information. Tenderers
must show that they are not in one or more of the situations listed above.
Candidates and tenderers shall provide together with their offer a solemn
declaration, duly signed and dated and presented before a judicial or
administrative authority, a notary or a qualified professional body in
their country of origin or provenance, stating that they are not in one of
the situations referred in items a) to h) above.
At the end of the award procedure, the tenderers to whom the contract is
to be awarded must, as an obligation, and to avoid being excluded from the
call for tender, give evidence that they are not in one of the situations
referred above. In particular, a new solemn declaration concerning the
conflict of interest will be requested of the successful tenderer.
Moreover, the tenderer shall have a 15 calendar days delay (the time limit
might be extended in exceptional cases) preceding the signature of the
contract to provide the evidence requested hereunder:
— in relation to items (a), (b) and (e) above, relevant extract(s) from
the judicial record or, failing that, equivalent documentation issued by a
judicial or administrative authority in the country where they are
established. The extract(s) or equivalent documentation must be the most
recent available. Depending on the national legislation of the country in
which they are established, these documents must relate to entities with
legal personality and/or natural persons; in the latter case, they must
relate to the person(s) empowered to represent the tenderer and sign the
framework contract if the tender is successful. (Annex 1 of the Standard
Reply Form — SRF). The tenderers may already present, together with the
offer, part or all of this evidence, if they so wish,
— in relation to item (d) above, the most recent certificates issued by
the competent social security and tax authorities of the country where
they are established. Where no such certificate is issued in that country,
this can be replaced by a sworn or solemn statement made before a judicial
or administrative authority, a notary or a qualified professional body in
that country. The statement provided must be dated less than 4 months
before the final date for submission of tenders. Depending on the national
legislation of the country in which they are established, these documents
must relate to entities with legal personality and/or natural persons; in
the latter case, they shall relate to the person(s) empowered to represent
the tenderer and sign the framework contract if the tender is successful.
The tenderers may already present, together with the offer, part or all of
this evidence, if they so wish,
— in relation to items (c), (f), (g) and (h) above, the declaration of
honour referred to above is valid.
III.2.2) Economic and financial capacity: Information and formalities
necessary for evaluating if requirements are met: In order to prove that
the tenderer has sufficient economic and financial capacity to perform the
framework contract, the following documentation must be presented:
— evidence of professional risk indemnity insurance for a minimum coverage
of 120 000 EUR;
— balance sheets or extracts from balance sheets for at least the last 3
financial years for which accounts have been closed, or equivalent
documentation (e.g. where company law in the country in which the tenderer
is established does not require publication of balance sheet);
— a statement of overall turnover during the last 3 financial years. A
minimum cumulative company turnover of 10 000 000 EUR during the last 3
years for which accounts have been closed is required;
— if the tenderer relies on the capacities of other entities (e.g. a
parent company), a written undertaking on the part of those entities
confirming that they will place the resources necessary for performance of
the framework contract at the disposal of the tenderer.
III.2.3) Technical capacity: Information and formalities necessary for
evaluating if requirements are met:
Tenderers are required to prove that they have sufficient technical and
professional capacity to perform the framework contract. To that end they
should present documentation as to the following criteria:
— presentation of the company (history, activities, …),
— the educational and professional qualifications of the service provider
or contractor and/or those of the company's managerial staff and, in
particular, those of the person or persons responsible for providing the
services or carrying out the works,
— a minimum cumulative turnover of 5 000 000 EUR related to a maximum
number of 15 projects similar to those described in this invitation to
tender, carried out during the last 3 years, for which accounts have been
closed, is required. Supporting documents (i.e. copies of invoices) must
be provided. For contracts awarded by public bodies, please attach for
each of the contracts listed a certificate issued by the competent
authority of the body concerned,
— quality-management certification — certificate(s) issued by institutions
or official services recognised as competent in quality control and/or
verification of compliance with standards applicable, certifying in
particular that the tenderer possesses quality-assurance certification for
the type of services covered by this invitation to tender.
Presentation of the proposed team foreseen: the office reserves the right
to request detailed CVs and/or to organise interviews with the staff
proposed by the tenderer during the selection phase. The objective of
these interviews will be to validate the technical competences of the
tenderer or the members of his team.
Tenderers should also provide:
— proof of enrolment in the professional register,
— a declaration certifying that, if awarded the framework contract, and if
the services will be performed on Spanish territory, the tenderer
undertakes to comply with Spanish legislation on health and safety at
work.
III.2.4) Reserved contracts: No.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession:
No.
III.3.2) Legal entities should indicate the names and professional
qualifications of the staff responsible for the execution of the service:
Yes.
SECTION IV: PROCEDURE
IV.1) TYPE OF PROCEDURE
IV.1.1) Type of procedure: Open.
IV.2) AWARD CRITERIA
IV.2.1) Award criteria: The most economically advantageous tender in
terms of the criteria stated in the specifications, in the invitation to
tender or to negotiate or in the descriptive document.
IV.2.2) An electronic auction will be used: No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) File reference number attributed by the contracting authority:
AO/003/09.
IV.3.2) Previous publication(s) concerning the same contract: No.
IV.3.3) Conditions for obtaining specifications and additional documents
or descriptive document: Time limit for receipt of requests for documents
or for accessing documents: 8.7.2009.
Payable documents: no.
IV.3.4) Time-limit for receipt of tenders or requests to participate:
15.7.2009.
IV.3.6) Language(s) in which tenders or requests to participate may be
drawn up: Spanish. Danish. German. Greek. English. French. Italian. Dutch.
Portuguese. Finnish. Swedish. Czech. Estonian. Hungarian. Lithuanian.
Latvian. Maltese. Polish. Slovak. Slovenian. Irish. Bulgarian. Romanian.
IV.3.7) Minimum time frame during which the tenderer must maintain the
tender: Duration in month(s): 9 (from the date stated for receipt of
tender).
IV.3.8) Conditions for opening tenders: Date: 30.7.2009 - 11:00.
Place: at the Office's premises in Avenida J.C. Combaldieu, 5, 03008
Alicante, SPAIN
Persons authorised to be present at the opening of tenders: yes.
Each tenderer may send up to 2 representatives. The Office should be
informed by fax on +34 96 513 8500 of the names and identity document
numbers of the visitors before 28.7.2009.
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT: No.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY EU
FUNDS: No.
VI.3) ADDITIONAL INFORMATION: An on-site information meeting is planned
on 18.6.2009 (11:00), at: Avenida J.C. Combaldieu, 5, 03008 Alicante,
SPAIN. Each tenderer may send up to 2 representatives. The office should
be informed by fax on +34 965138500 of the names and identity document
numbers of the visitors before 16.6.2009. No questions shall be taken at
this meeting. In any case, the tenderers are invited to submit, in
writing, preferably by e-mail (procurementGSD@oami.europa.eu), no later
than 25.6.2009, any questions that arise following their visit to the
premises or from consultation of the terms and conditions. The office
shall draw up and send to all tenderers, including those who were absent
for the information meeting, a list of the questions and answers.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for appeal procedures: European Commission, rue
de la Loi/Wetstraat 200, B-1049 Bruxelles/Brussel. E-mail:
Markt-D2@ec.europa.eu.
Body responsible for mediation procedures:
EU Ombudsman, 1 avenue du Président Robert Schuman, BP 403, F-67001
Strasbourg. E-mail: euro-ombudsman@europarl.eu.int.
VI.4.2) Lodging of appeals: Precise information on deadline(s) for
lodging appeals: According to Article 118 of Council Regulation (EC) No
40/94 of 20.12.1993 on the Community trademark, 'Referral shall be made to
the European Commission within 1 month of the day on which the party
concerned first became aware of the act in question'.
VI.5) DATE OF DISPATCH OF THIS NOTICE: 7.5.2009.
Please note that this notice is for your information only.
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