Tender specifications

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<ul><li> 1. TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER INVITATION TO TENDER N FC.09.ICT.022.1.0 FOR THE PROVISION OF VOICE COMMUNICATION AND DATA TRANSMISSION SOLUTIONS FOR MOBILE WORKERS 1. IntroductionThe European Monitoring Centre for Drugs and Drug Addiction (hereafter referred to as the EMCDDA) was established by the Community regulation (EEC) No. 302/93 on 30 October 1993 as last amended by Regulation (EC) 1920/2006 of the European Parliament and of the Council of 12 December 2006, on the European Monitoring Centre for Drugs and Drug Addiction (recast). It is one of the EU decentralised agencies.The EMCDDA is the central reference point for drug information in the European Union. Based in Lisbon, its role is to provide the EU and its Member States with objective, reliable and comparable information on drugs and drug addiction. More information about the Agency and its structure and activities can be found on our web site http://www.emcdda.europa.euThe current EMCDDA address is: Rua da Cruz de Santa Apolnia, 23-25, 1149-045 Lisbon, Portugal. The EMCDDA foresees to move to its new premises in the near future. The new EMCDDA premises are located in Lisbon in the proximity of Cais do Sodr train station. 2.Objective, scope and description of the contractA significant number of EMCDDA staff members travels frequently and has the need of staying in regular contact with the office as well as with other relevant contacts. Apart from voice communication, remote computing will have to be made available in the near future.The objective of this procedure is to award a maximum of two (2) Framework Contracts, in cascading order, for the provision of: Mobile telephony and related services;Mobile computing services for Smartphones, PDAs, Blackberry or similar devices including telephony, e-mail, Internet browsing, data transfer;Connectivity for mobile workers including 3G connectivity;Voice and data connectivity for remote workers;Equipment related to the above services;Number of contracts: The Agency may award framework contracts up to 2 tenderers.For the execution of these contracts, a cascade mechanism will apply. The specific contract used for practical implementation of the framework contract will normally be object of a request to the first tenderer in the cascade mechanism, if the tenderer provides a negative answer, cannot comply with the timetable for replying, or is in conflict of interest conditions, the request will be made to the second contractor in the cascade. 1 </li></ul><p> 2. Framework contracts do not constitute orders. Orders are placed by specific contracts/order forms at the request of the Agency. 2.1Overview of current situation and future developmentEMCDDA is at the moment using the following mobile connectivity devices:1. 24 SIM cards (20 of which enabled for voice communications only, 4 enabledfor voice and data but used for data communications only) 2. 20 mobile phone devices 3. 5 PDAs 4. 16 computers with internal HSDPA capabilityThe mobile data transfer volume is expected to grow. It is already expected to provide mobile data connectivity (through data activated SIM cards) to all of the laptops indicated with internal HSDPA capability.This capability could be extended also to other employees on specific cases The current monthly data transfer volumes are as follows:1. 2 GB in Portugal 2. 400 MB in Europe 3. 100 MB in the rest of the world.It is probable that over the next four years the traffic will evolve as follows:- Voice will have an increase of about 20% from an initial estimate of 2400 EUR/month; - Data will have an increase which can be roughly estimated at up to 5 times the actual volume.It is also foreseen (see 2.3.6.8) the use of mobile gateways between the future internal VoIP-based phone system of the EMCDDA mobile operators, requiring the use of SIM cards. The mobile gateways will be provided by the EMCDDA as part of its new telephony VoIP system.2.2 Products and Services to be provided to EMCDDAThe specific information can be found in Annex A to these specifications.2.3Service Level AgreementTenderers are asked to provide a detailed Service Level Agreement (SLA) that covers, as a minimum, the following areas and service properties:Contact points, Follow-up meetings, Steering committee, Escalation Network: o Mobile voice service availability o Mobile data service availability o Blackberry service availability o SMS gateway service availability o xDSL/Cable modem Internet connection availability Service desk: o SIM cards delivery and management Delivery time in working days for SIM card delivery or modification ofservices associated with a SIM card; o Handsets delivery and repair Delivery time in working days for handsets in stock (new or replacement); Delivery time in working days for handsets not in stock (new orreplacement); o Number blocking Time for blocking a number o Users satisfaction2 3. o Maintenance procedures for Blackberry serviceo Maintenance procedures for xDSL/Cable modem links o Reporting:o Traffic statistics Invoicing:o Formal invoiceo Detailed consumptions Penalties SLA Validity and review processBy submitting their SLA, tenderers commit themselves to fulfilling the stated service levels.In the above, and hereafter, the indication working days refers to the working days of the agency.2.4 BenchmarkingThe Framework contract will include the possibility of running regular benchmarking, optionally by a third party. Benchmarking will target technical performance as well as prices and may result in subsequent modifications of the Framework Contract, including the specific contracts and the SLA.2.5 Technological Extension of ServicesThe Agencies may extend the scope of the framework contract by requesting the addition of new services by way of a contract amendment. The Agencies retains the right to use services from an alternative supplier of its choice to prevent the contract from forming an obstacle to evolutionary developments in the field of mobile communication and data transmission.3. Contract management responsible body.The European Monitoring Centre for Drugs and Drug Addiction Information and Communications Technologies Unit will be responsible for managing the contract. 4. Project Planning: Reports to be submittedAs a minimum, minutes of the meetings shall be provided, as well as financial documents required for payments and delivery of material, a description of the procedures to contact the support, and manuals of the material provided.The tenderer shall include a full list of the deliverables mentioned in the SLA proposal.5. TimetableThe estimated date for signature of the contract is August 2009.6.DurationThe framework contract resulting from the present call for tender will have an initial duration of four (4) years as from the date of signature and may be renewed once for an additional period of one (1) year.The specific contracts entered into by the EMCDDA with the winning tenderer(s) will normally last for one year, shall be compatible with above indication, and shall in any case not extend further than the end of the Framework Contract.The duration of the contract shall not exceed five (5) years. 3 4. Implementation of the framework contract may not start before the date on which the contract enters into force.7.Estimated Value of the ContractThe estimated budget of this contract is of 160.000 Euro excluding VAT. 8. Prices Prices must be quoted in Euro using (within the exception of the countries within theEURO zone) the conversion rates published in the C series of the Official Journal of theEuropean Union on the day when the contract notice was published. Prices must be fixed amounts and can be revised together with the submission of therevised official price lists as stated here above. The Contractor will take due diligence insubmitting revised price lists that contains prices and price trends in line with the realmarket situation. The Agencies can request a justification of revision of the price lists inthe case prices appears to be clearly excessive. Estimated travel and daily subsistenceallowance expenses must be indicated separately. Under Article 3 and 4 of the Protocol on the privileges and immunities of the EuropeanCommunities, EMCDDA is exempt from all duties, taxes and other charges, includingVAT. This applies to EMCDDA pursuant to the Regulation 1920/2006/EC. These duties,taxes and other charges can therefore not enter into the calculation included in the bid.The amount of VAT must be shown separately. Tenderers are requested to fill in the Price Evaluation Grids in Annex B. Tenderers are asked totake special care in computing the correct amounts as follows: Voice: all prices refer to call duration of 2 minutes and 30 seconds. Data: all prices refer to the cost of transferring 1 MB of data. In the Best price cellthe tenderer is asked to quote the cost of 1 MB data transfer according to their bestplan they can offer to the Agencies. In the Worst price the tenderer is asked to quotethe price per MB the Agencies will have to pay when the conditions of the plan usedto determine the best price do not apply. Equipment and other services: all prices refer to the cost of one unit orinstallation/provision of one service. Tenderers are also requested to supply their official price lists for all equipment andservices that fall within the scope of the present procedure. Revised official price listsshall be submitted by the Contractor at least once every three months and wheneverrequested by the Agencies.Failure to submit a duly completed and signed Price Evaluation Grid (Annex B) will entailthe automatic rejection of the tender. 9. Terms of payment Payments related to of this contract shall be issued in accordance with the provisions of the general conditions available on the Procurement Section under the call for tenders FC.09.ICT.022.1.0 on the EMCDDA website at the following address: www.emcdda.europa.euFor each specific contract concerning services, the payments shall be done on the basis of a monthly invoice with full details, including the reference to the specific contract, and the phone numbers. 4 5. For specific contracts concerning the purchase of devices, the invoice with the reference to the specific contract and with standard 45 days net terms after receiving at EMCDDA can be presented, after the working devices have been received by the EMCDDA. 10. Terms of contractIn drawing up a bid, the tenderer should bear in mind the terms of the draft service framework contract included as Annex 1 and available on the Procurement Section on the EMCDDA Website (www.emcdda.europa.eu).A Cascade Framework contract is individually signed between the EMCDDA and maximum 2 contractors to ensure that at all times one of the two contractors is able to provide the requested service(s), defining the procedures and modalities for signing the specific contracts needed for the practical provision of the services object of the framework contract. After evaluating tenders, the EMCDDA will ranks tenderers in descending order with a view to establishing the list of contractors (maximum 2 contractors) and the sequence in which they will be offered work when orders are placed. The Contractor that has submitted the best tender will be given priority over the Contractor that has submitted the second best tender and so on. When the EMCDDA request service(s) under the Cascade Framework Contract, the EMCDDA will contact the Contractor at the top of the list. If such Contractor is unavailable or unable to provide the requested service(s) for reasons which do not involve terminating the contract but in accordance with the terms of the established SLA, the EMCDDA will contact the second tenderer. If the tenderer classified as first does not respect the terms of the established SLA, it can be moved to the second position in the cascade, without exclusion of the further remedial action foreseen in the general conditions and the applicable legislation, specifically for breach or not fulfilment of contract.EMCDDA may, before the contract is signed, either abandon the procurement or cancel the award procedure without the tenderers being entitled to claim any compensation.11. Financial guaranteesAll payments shall be done after delivery of the related services/material, therefore no financial guarantee is requested.12. Sub contractingIf the tenderer intends to either sub contract part of the work or realise the work in co-operation with other partners he shall indicate in his offer which part will be subcontracted, as well as the name and qualifications of the subcontractor or partner. (NB: overall responsibility for the work remains with the tenderer).13. Grouping of service providersGroupings, irrespective of their legal form, may submit bids. Tenderers may, after forming a grouping, submit a joint bid on condition that it complies with the rules of competition. Such groupings (or consortia) must specify the company or person heading the project and must also submit a copy of the document authorising this company or person to submit a bid.If awarded, the contract will be signed by the company of the person heading the project, who will be, vis vis EMCDDA, the only contracting party responsible for the performance of the contract. Tenders from consortiums of firms or groups of service providers, contractors or suppliers must specify the role, qualifications and experience of each member or group.14. Exclusion criteriaTo be eligible for participating in this contract award procedure, tenderers must not be in any of the following exclusion grounds: 5 6. 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 judgement which has the force of res judicata; c) they have been guilty of grave professional misconduct proven by any means which the contracting authority 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 where the contract is to be performed; e) they have been the subject of a judgement which has the force of res iudicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to co...</p>

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