Last Updated, Friday, 28 March 2014
QUESTIONS & ANSWERS
1. How should I proceed with the registration as an ISDEFE supplier? What should I do if the registration process is not properly conducted?
The registration as a supplier at ISDEFE's website is an eligibility requirement in the CLOSEYE tender, but it should not be understood as a tender registration form linked uniquely to the CLOSEYE project, as this is a general ISDEFE procedure.
The way to proceed at the website (https://www.isdefe.es/proveedores/en/login) is the following:
1) The supplier registers as user indicating User Name and Password.
2) The system sends a confirmation email indicating that the USER has been registered and that you must enter to fill in the forms
3) The must sign in using its user/password and fill in the forms:
· While working on it you can save it as a DRAFT.
· When finished you must SUBMIT it and wait for the ISDEFE Contracting Unit to send you an email confirming your registration as a PROVIDER.
4) If the user has forgotten his password, a link is available to the system to send you one by mail.
All fields on the form are mandatory, so if any of them are not adjusted to the reality of your company must be completed with "N/A" (not applicable).
2. Must the first solvency proposal include all the final members of the consortium which will deliver the technical and economic proposal in the second tender stage, or is this first step of the call for tenders dedicated to evaluate companies individually?
According to the terms defined in the Tender Specification, the solvency proposal to be submitted in the first step of the call for tenders must be integrated by the final configuration of the consortium members that will issue the final economic and technical proposal. The reason for this is three-fold:
· There is a requirements to provide a commitment for the formalization of a Temporary Business Association (UTE) should the consortium be awarded with the contract, and this commitment needs to be signed by all the Consortium partners who will integrate such UTE (Tender Specification Sections 8.1.1c and 8.1.2c)
· There is a requirement to sign an NDA to allow the disclosure of the restricted part of the Terms of Reference, and this NDA has to be signed by all the Consortium Partners who will have access to such information (Tender Specification Sections 8.1.1j, 21 and Annex VI)
· The solvency requirements applicable, both to the UTE as a whole and to the UTE members individually, will be evaluated according to the terms defined in Tender Specification Section 8.
Regarding subcontractors, these shall be identified at a later stage, upon reception of the restricted part of the Terms of Reference, and they shall be described in the technical and economic proposal.
3. What type of documentation is required to justify the technical and professional competence?
The tenderers must present certificates of satisfactory execution of work already completed issued by the beneficiary thereof, or certificates of satisfactory execution of work in progress when having executed more than 75% of the project budget and provided that the total award exceeds the equivalent amount requested.
In those cases when the tenderer cannot obtain such certificates from the beneficiary in due time for this tender, each company shall submit a sworn and signed statement with a list of executed contracts which are relevant for this tender.
In all cases, the companies shall indicate for each relevant contract the following information: date of the start of work, work completion date, Contract date, contract price before VAT, title and brief description of work and the beneficiary (indicating also if these are public or private beneficiaries)
4. The economic thresholds for economic and technical solvency apply to each company independently or to the Consortium as a whole?
For a Temporary Business Association (UTE), the economic thresholds will take into account all the companies integrating the UTE as a whole, except for the overall turnover, which will be evaluated for each of the UTE members individually (Tender Specification Section 8.1.3.c)).
5. Can we request detailed information (pictures, videos, site surveys, etc.) on specific assets from the CLOSEYE Users?
The CLOSEYE Consortium members will support the contractor/s in order to facilitate the deployment and evaluation of the contracted services. This support may include the provision of User's assets, equipment or personnel, but it should be noted that there is not any obligation or commitment for the CLOSEYE End- Users to provide any specific resource, and in all cases such provision will be conditioned to the availability of the resources when they are required.
The facilitation of detailed information during the first stage of the call for tenders is not possible for two reasons:
· Because the tenderers still don't know the full set of CLOSEYE requirements, and these should be evaluated before proposing any solution;
· Because this information is highly sensitive, so if there is any possibility of providing it, this should be done under the frame of the NDA to be signed by the tenderers in the Step 1, and only to those who have passed the solvency screening and will be in a position to make a full proposal.
In all cases, even if this information is provided, it should not be understood as a commitment from the CLOSEYE Users to eventually make such resources available. The utilization of these resources for the elaboration of the proposals shall be taken as an assumption which does not guarantee their availability.
6. Is it possible that two or more companies submit joint bid under a figure other than the UTE
Only the configuration of temporary business association (from now on UTE, from the Spanish “Unión Temporal de Empresas” as defined in the Article 54 of the “Real Decreto Legislativo 3/2011”) is allowed.
7. In the case of participating in the tender as a Temporary Business Association (UTE), is it possible to indicate only an estimation of the percentages of participation of each company and modify these estimations in the second step of the tender?
Where two or more business owners submit a joint bid, forming temporary business association (UTE), each must attest to their competence, personality and representation, having to submit a separate document, signed by the legal representatives of the members, which should indicate the percentage names and circumstances which constitute the participation of each of them, the person or entity that during the term of the contract, must hold full representation of all of them before ISDEFE. These business owners shall be jointly liable towards ISDEFE.
Note: This is a commitment, and therefore, estimations are not valid and shall not be changed in the second step of the tendering process.
8. If the company's annual accounts for 2013 are not available yet (are not mandatory until June 2014), is it possible to present the annual accounts of 2012? Is it necessary to submit the accounts of 2013 if these are not audited yet?
In the case of societies, they should provide a copy of the annual accounts (or extract of these if their publication is compulsory in the States where those are laid down) from the last year, having these been presented in the relevant Mercantile Registry, and the annual accounts audit report, in the case that it is required.
Should the accounts of 2013 not be registered yet; the 2012 accounts must be submitted.
9. Is it necessary to submit a provisional warranty of the 3% of the maximum tender price (€4,533,656 ), or only a guarantee of 3% of the budget of each lot ( €2,266,828 ) for each proposal submitted?
The clauses 11.1 and 11.3 of the Tender Specification will apply.
The tenderers shall provide a provisional bank guarantee of three percent (3%) of the base tender budget of each of the lots for which they are presenting a proposal, excluding value added taxes, and make it available for INGENIERIA DE SISTEMAS PARA LA DEFENSA DE ESPAÑA (CIF A78085719)
10. Is there a maximum limit for the subcontracting?
The contractor may not subcontract the performance of the service object of this call for tenders without prior written authorisation of ISDEFE.
In any case, the contractor shall be solely liable of the correct provision of all the contracted services or of the fulfilment of its obligations arising from the contract towards ISDEFE even if they were made by any subcontractors, and be liable of any incompliance made by these as it was its own.
A priori, no limit is established, although as indicated above, the prior written authorisation of Isdefe will be required.
11. In clauses 8.1.1c) and 8.1.2 c) of the Tender Specification, a document is required attesting the commitment to constitute the UTE in the case of being awarded with the contract. Is it necessary to submit two copies of the document in response to both clauses?
8.1.2 c) Where two or more business owners submit joint bid, forming a temporary business association (UTE), each must attest to their competence, personality and representation, and must indicate in a separate document, the names and circumstances of the business owners who constitute it, the participation percentage of each of them and appoint the person or entity that during the term of the contract, must hold full representation of all of them before ISDEFE. These business owners shall be jointly liable to ISDEFE.
This document must be signed by the representatives of each of the companies of the temporary business association (UTE).
One single document is sufficient.
12. Could a declaration from a company shareholder or a financial institution replace the overall turnover obligation of at least 5 times the maximum budget of the tender of the last 2 years?
8.1.3 c) Newly created companies must submit a favourable report from at least one financial institution, stating that the tenderer has the capacity to cope with the Contract tendered.
Such certification will not in any case the assumption of joint or subsidiary liability of this Agreement for the financial institution.
13. Regarding the proof of economic and financial standing, and in the case of the overall turnover requirement, the indicated maximum amount for the tender is related with the portion of the contract which a specific company will be performing or with the maximum budget of the tender for each lot?
Each of the companies integrating the Temporary Business Association (UTE) intending to bid have to provide, individually, a statement regarding the overall turnover and work carried out in the last three years. It must demonstrate having made a turnover, at least five (5) times the maximum budget of the tender in each of the last two (2) years. The maximum budget of the tender refers only to the lot(s) for which the UTE is presenting a proposal. If the UTE presents only one proposal, then the maximum budget is €2,266,828. If the UTE presents one proposal for each lot (i.e. two proposals), then the maximum budget is €4,533,656.
14. Could a declaration from a company shareholder or a financial institution replace the overall turnover obligation of at least 5 times the maximum budget of the tender of the last 2 years?
Only newly created companies can submit a favorable report from at least one financial institution, stating that the tenderer has the capacity to cope with the Contract tendered. For the rest, the terms defined in the Tender Specification section 8.1 will apply.
15. About the presentation of two technical solutions, can be confirmed that the same company may submit the two requested technical solutions, this is, that it is not obligatory to constitute an UTE to bid?
A single company can NOT submit proposal for the two technical solutions, the association between companies is a mandatory requirement included both in the "Terms of Reference" or "Technical Annex" (in section about Requirements of Contract Management), as in point 9.2 of the "Tender Specification" or "Tender Notice" (evaluation criteria for Contract Management).
On the other hand, the only partnership format accepted is the UTE. See 8.1 of the tender notice.
16. If several companies set up a consortium for the project, and the proposal is presented by a single company (the consortium leader), the legal relationship between the consortium leader and the consortium members will be excluded from the abovementioned limitation. Please, confirm.
The proposal is submitted by the consortium as a whole, not only by the consortium leader. The legal relationship between the companies constituting the consortium will be formalized as a temporary business association-UTE (in case they be awarded), which is not a subcontractors relationship.
17. In case of having key subcontractors in the project, understanding key subcontractors as companies who bring technology and solutions essential for the proposed solution. We have not found in the documents required for the step one, a section where to describe the consortium and the key subcontractors. Is it possible to include in step one a description of the consortium, consortium members and role of each company in the project?
c) Where two or more business owners submit a joint bid, forming temporary business association (from now on UTE, from the Spanish “Unión Temporal de Empresas” as defined in the Article 54 of the “Real Decreto Legislativo 3/2011”),each must attest to their competence, personality and representation, having to submit a separate document, signed by the legal representatives of the members, which should indicate the names and circumstances which constitute the participation of each of them, the person or entity that during the term of the contract, must hold full representation of all of them before ISDEFE, and who are committed to formally become a temporary business association (UTE) should they be awarded the Contract. These business owners shall be jointly liable to ISDEFE.
This document must be signed by the representatives of each of the companies that make up the UTE.
The description of the key subcontractors is not requested in any of the documents which the tenderers have to submit as part of the Step 1 (see section 10 of the Tender Specification document), so is not applicable to describe them in this step.
18. We assume Tender Specification and TOR prevail over ISDEFE’s General Terms & Conditions. Can you confirm it?
The Tender Specification and the Terms of Reference documents prevail over ISDEFE’s General Terms & Conditions.
19. Could you clarify SIM 5: “All the documentation and man machine interface (MMI) will be in English and in each national language”. Taking in consideration the project as a R&D activity with a limited budget we propose to remove or relax this requirement, as it implies higher development costs and is not critical for this phase of the project.
Sections 126.96.36.199 (Mission Support Requirements) and 188.8.131.52 (Non Functional Requirements) provide a foresight of the requirements demanded by the End-Users. Not all Requirements are mandatory, as the Solution proposed by the tenderers may only apply to some of this specific areas and specific subsections of each area.
The Tenderer, therefore, shall try to identify the requirements that apply to the Solution proposed and assess their level of compliance with as many requirements possible. The more requirements the Solution proposed is compliant with, provided that the justification for such compliance is accepted by the CLOSEYE Consortium, the more adequate such Solution shall be considered in order to face the CLOSEYE Challenge.
20. Could you clarify SIM 8: “The Solution will provide high computing availability, having a continuous, uninterrupted, fault tolerant Solution”. The solutions we have in mind for the project are very complex and include sensors, platforms and distributed command and control. The cost of a 100% fault tolerant solution is far more from the budget of the project. Will be the scope of this requirement detailed in the Restricted version of the TOR?
As stated in the Closeye ToR description and by the mandatory requirement POV 3, the solution will be integrated in a real operation during a minimum period of two months and within that period the solution must be fully operational during this timeframe. Furthermore, requirement SRL1 states that the solutions should preferably have a 6 or 7 TRL level which means solutions that are close to the market. In any case, requirement SIM 8 does not request a 100% fault tolerant solution but a “high computing availability, continuous, uninterrupted and fault tolerant Solution”. Having said this, the tenderers shall try to assess their level of compliance with this requirement as much as possible and justify it accordingly in their tender proposal.
21. Could you clarify the scope of “internal use” referenced in POV10 and section 23? should restrict the commercial exploitation either in the form of proposal preparation or projects.
All the CLOSEYE Consortium members, and the institutions of the European Union, will be assigned a worldwide free and non-exclusive license to use the R&D results for internal use. These licenses will be irrevocable.
5. The Contractors gives the Contracting Authority and the group of public authorities participating in CLOSEYE a worldwide free, irrevocable and non-exclusive licence to use the Contract ownership rights of Intellectual Property (to use the generated Foreground and, if necessary, the Contract Background Intellectual Property) and any relevant open source licences for internal use with protection of claims of third parties with the condition that, in no event, shall the Contracting Authority be liable to the Contractor for indirect or consequential loss or damage. The Contractors shall, upon request, offer licenses to third parties in EU Member States or a country associated to FP7, at a fair market price.
Could you clarify the impact on the contract of this paragraph (clause 23, point v)?
v) The Consortium of public purchasers should ensure that the CLOSEYE Contracts with participating companies contain a financial compensation according to market conditions compared to exclusive development price for assigning IPR ownership rights to participating companies, in order for the call for tender not to involve State aid;
End-Users do not reserve the R&D results exclusively for their own use. In line with the CLOSEYE rules defined by the Commission, an R&D provider generating results in the project shall own the attached IPRs. The End-Users shall enjoy royalty-free access rights to use the R&D results for their own. The End-Users shall also enjoy the right to grant or to require participating R&D providers to grant non-exclusive licenses to third parties to exploit the results under fair and reasonable market conditions without any right to sublicense. A callback provision shall ensure that if an R&D provider fails to commercially exploit the results within a given period (4 years) after the termination of the CLOSEYE Contracts as defined in these contracts, or uses the results to the detriment of the public interest, including security interests, it shall transfer any ownership of results to the End-Users.
The tenderers shall be aware of the End-Users’ right to publish - after consultation with each participating R&D provider – public summaries of the results of the CLOSEYE contracts, including information about key R&D results attained and lessons learnt by the End-Users during the project (e.g. on the feasibility of the explored solution approaches to meet the Users' requirements and lessons learnt for potential future deployment of solutions). Details should not be disclosed that would hinder application of the law, would be contrary to the public interest, would harm the legitimate business interests of the R&D providers involved in the project or could distort fair competition between the participating R&D providers or others on the market.
According to the rules established by the Commission, the CLOSEYE call for tender shall be carried out in a competitive and transparent way in line with the Treaty principles which leads to a price according to market conditions. The End-Users should ensure that the CLOSEYE contracts with R&D providers contain a financial compensation according to market conditions compared to exclusive development price for assigning IPR ownership rights to participating R&D providers, in order for the CLOSEYE call for tender not to involve State aid.
As an example, the financial compensation compared to exclusive development cost could reflect the market value of the benefits received and the risks assumed by the participating R&D provider. In case of IPR sharing in CLOSEYE, the market price of the benefits could reflect the commercialization opportunities opened up by the IPRs to the R&D provider, the associated risks assumed by the R&D provider comprise for instance the cost carried by the R&D provider for maintaining the IPRs and commercializing the products.
Regarding the dissemination of Intellectual Property, please refer to clause 23 for detailed rules, but also note that a CLOSEYE Consortium member shall not publish the generated Contractor´s Foreground or any CLOSEYE Consortium member Background, without the other CLOSEYE Consortium members or Contractor, respectively, prior written approval. For the avoidance of doubt, the mere absence of an objection is not considered as an approval.
Tenderers are invited to make proposals to describe the extent of their approach for sharing risk and benefits with the CLOSEYE Users and members basing on the above. These proposals shall be subject to evaluation by the CLOSEYE Contracting Board.
22. Clause 10 of ISDEFE’s General Terms & Conditions has contradictions with ITT section 23. Can you confirm if the following paragraph is applicable or not?
This paragraph is not applicable. The Tender Specification document prevails over ISDEFE’s General Terms & Conditions.
23. In section 26 INVOICING AND PAYMENT, says TEN PERCENT (10%) of the contract value is associated to the end of the guarantee period. Due to the nature of the project we assume the end of the guarantee period will be just after the service ends. Can you confirm it?
According to section 11 in the Tender Specification, point F) 11.2:
The final guarantee will be cancelled or refunded once fulfilled by the Contractor all the obligations under the contract and once the guarantee period as detailed in the General Terms and Conditions of Contract of ISDEFE, except if there are any claims pending against the contractor, in which case it will be cancelled or returned when the claim is resolved
And according to Chapter III, section 15 in the General Terms and Conditions of Contract of ISDEFE, the guarantee period is established in 12 months.
24. If several companies set up a consortium for the project, is it required to sign the NDA by all this companies for step one?
NDA has to be filled and signed individually by each of the companies constituting the UTE.
25. Could you confirm the following assumptions?
a) Challenge & Impact: Are these the general requirements included in Dossier 2014-00341 - R&D Services for Maritime Border Surveillance within CLOSEYE Project TERMS OF REFERENCE (ToR) – PUBLIC VERSION?
The challenge and impact will be evaluated taken into account the overall understanding that the tenderer has about the proposed problem proposed by the CLOSEYE Users. To understand the complete definition of the problem both the public version of the ToR and the restricted version of the ToR shall be taken into account by the tenderers.
b) POV reqs are completely included in Dossier 2014-00341 - R&D Services for Maritime Border Surveillance within CLOSEYE Project TERMS OF REFERENCE (ToR) – PUBLIC VERSION, paragraph 2.3.1.
Yes, POV requirements are completely included in Dossier 2014-00341 - R&D Services for Maritime Border Surveillance within CLOSEYE Project TERMS OF REFERENCE (ToR) – PUBLIC VERSION, paragraph 2.3.1.
c) Service Reqs are completely included in Dossier 2014-00341 - R&D Services for Maritime Border Surveillance within CLOSEYE Project TERMS OF REFERENCE (ToR) – PUBLIC VERSION, paragraph 2.3.2
Yes, Service requirements are completely included in Dossier 2014-00341 - R&D Services for Maritime Border Surveillance within CLOSEYE Project TERMS OF REFERENCE (ToR) – PUBLIC VERSION, paragraph 2.3.2.
d) Specific Requirements will be included in the Restricted version of the Terms of Reference. Could you clarify the volume of these requirements?
Specific requirements are part of the Restricted version of the ToR (including sensitive information), which will be delivered to those companies who pass the Step 1 (remember that signing the NDA is a necessary condition to achieve that). Specific requirements will include requirements derived from a detailed definition of the scenario of operations (will be provided also in the Restricted ToR) and also Functional Requirements defined jointly by the Users. At this moment of the Tendering process is not possible to provide more information about the restricted part of the Terms of Reference.
26. Paragraph 184.108.40.206.4 Expected results includes:
· End-User’s intensive training to fully operate the Solution before the deployment
Could you clarify the expectations of this training?
Could the solutions be demonstrated by or with support of personnel of consortium members involved in the exercises?
In the same way as the other requirements, the fulfilment of the training requirements (see section 220.127.116.11.4 of the ToR Public version) is not mandatory. The CLOSEYE requirements express a problem to be solved, and it is the responsibility of the tenderer to detail what is the extent of the solution proposed to this problem.
Depending on the solution adopted by the tenderer, the solution can be fully operated by the Stakeholders or it can be operated as a “Service” by the service provider, who will deliver surveillance products to the Users. In both cases, extensive training shall be given to the Users so they can evaluate the operational relevance of the solutions and maximize their performance during the operations.
Also bear in mind that the solutions have to be tested for a long period of time (at least two months) inside a real operation, which does not entail just a technology demonstration but a fully operational phase under real conditions. This means that the provider should guarantee a high level of confidence on the reliability of the proposed solutions and that these shall be ready to operate under the described conditions. The training plan proposed by the tenderer also contributes to raise this level of confidence, and it will be evaluated accordingly by the CLOSEYE Contracting Board.
27. Is it possible to present the same PROPOSAL for both LOTS? Has any impact in the evaluation of the proposals?
When saying “same proposal” refers to have the same sensors, assets and developments in both solutions than compose the PROPOSAL.
There is no objection to presenting the same Proposal for both lots, but the tenderer has to consider that the scoring reached on the evaluation for each lot may be different due to the fact that the scenarios are different, so the validity of the solution proposed for each of the specific challenges may also be different.
ERRATUM: In section 11 DEDUCTIONS AND PERFORMANCE GUARANTEE, E) 11.1 Provisional Guarantee point b):They do have the means they promised to award or described when executing the…, seems to be missing a “not”: They do not have the means…
The correct text for section 11 DEDUCTIONS AND PERFORMANCE GUARANTEE, E) 11.1 Provisional Guarantee point b):
b) They do not have the means they promised to award or described when executing the Contract.
28. With respect to section 8.2 Documentation of technical and professional competence, a) Experience: In case of a consortium, this experience requirement will be applicable to the whole of the consortium or will be needed to be proven company by company?
For professional technical solvency regarding experience the sum of the companies forming the UTE will be taken into account, as indicated in the announcement “For a temporary business association (UTE) accreditation of contracts with characteristics similar to those in the scope of this dossier will be counted, for the companies forming part of it".