TENDER SPECIFICATIONS

ATTACHED TO THE INVITATION TO TENDER

Invitation to tender No. HOME/2013/ISEC/PR/0030-A1

concerning a service contract for

A Strategic Analysis Service

TECHNICAL SPECIFICATIONS

Background

The EU Internal Security Strategy[1] adopted in November 2011 put at the core of its strategy the establishment of a comprehensive risk management process linking threat and risk assessment to the decision-making process. In the field of security intentional malicious risks, DG HOME AFFAIRS has set up a new "strategic analysis and response" capability whose core objective is to support the decision-making process in the field of JHA policies.

The "strategic analysis and response" capability is functionally established in DG HOME's Secure Zone (SZ), which is a secured facility (accredited up to EU Secret) where classified information can be managed and processed. The "strategic analysis and response" capability will also support DG HOME’s crisis management capacity during major crises under its remit. In view of enhancing its analysis and information gathering capability, which is a compulsory condition to fulfil its mandate, it is essential to get access to reliable and accurate sources of information and analytical products.

Subject of the contract

The services for which DG HOME affairs is requesting assistance under a service contract are described in more detail below. The tender must cover all the tasks. Bidding for only part of the tasks is specifically ruled out.

Objective:

DG HOME AFFAIRS seeks to obtain tailored and timely access to strategic information and analysis on a range of security-related issues.

Scope:

(a)On demand strategic analysis reports

To provide DG HOME AFFAIRS with on demand strategic analysis reports on topics relevant to DG HOME AFFAIRS’ domain.

As the reports will be requested on an ad hoc, need-to-know basis, a pre-defined list of strategic analysis topics does not exist but the contractor will be requested to mobilise the necessary expertise to cover at least the following domains:

Terrorism / Cyber crime
CBRN terrorism / Serious and organised crime
Explosive / Corruption
Detection / Trafficking in human beings
Cyber terrorism / Child pornography
Transport security / Money laundering
Energy security / Fire arms trafficking
Radicalisation / Migration trends
Financing terrorism / Irregular migration
Protection of critical infrastructure / Schengen/external border management
Open sources information / Visa policy
Crisis management / Security threats and risks in third countries

The above list is intended as not exhaustive of the topics to be covered by the on demand strategic analysis reports.

While submitting its offer the tenderer has to provide exhaustive information/explanations on how, in view of respecting the requested deadline, the different domains listed above can be covered in terms of necessary, accurate and updated, analytical expertise.

It is estimated that on average ad hoc report per month will be requested.

(b)Prospect analysis

On a quarterly basis, the tenderer is expected to submit a regular prospect analysis on major security risks impacting on the EU internal security. Detail requirements are laid out below.

Requirements:

(c)Requirements for the requested service

General requirements

  • The tenderer assigns one of its staff the role of demand manager, responsible for receiving and analysing requests from DG HOME and ensuring high quality and time delivery of the requested reports;
  • Twice per year, the demand manager will be available to participate in an on-site status meeting with DG HOME;
  • The tenderer will provide DG HOME with monthly progress report including the list of regular and ad-hocs reports issued and scheduled to be issued. This overview will also specify the total budget consumed and remaining;
  • The deliverables, products, reports,… will be provided in both paper and digital format, i.e. a .pdf file;
  • Deliverables will need to be written in native English or equivalent.

Requirements related to point 1.2.2. (a) above

  • Service (a) should entail a response to ad hoc requests for custom in-depth analysis reports from DG HOME;
  • In its request, DG HOME will specify the content of the study by providing the main heading, some specific questions and the length of the study (typically, the length will be between 2000 and 10.000 words);
  • The contractor responds to this request with a short proposal in terms of content;
  • When DG HOME formally approves this proposal by issuing an duly signed order form, the contractor starts the work;
  • The duration to write the report will depend on the length of the report, the necessary preliminary data collection and the sense of urgency, but can be said to vary from 2 (48 hours) to 10 days or more.

Requirements related to point 1.2.2. (b) above

  • Service (b) covers a quaterly recurring prospect analysis report on major security threats to EU internal security;
  • The reports will be forward-looking, i.e. they are not supposed to analyse past events but rather present a risk analysis;
  • The prospect analysis report will be delivered at regular intervals, e.g. every first Friday of every third month. This moment will be agreed upon between the contractor and DG HOME at the start of the contract;
  • Each prospect analysis report will cover one topic at the time;
  • The length of the report will be around 2.500 words (five pages).

(d)Deliverables

  • A paper and a digital copy of the requested ad hoc, in-depth strategic analysis reports (average of one report per month, topic will vary depending on needs);
  • Bi- monthly prospect analysis reports in paper and digital format.

(e)Requirements for the tender

Methods, tools and proposed approach to deliver the deliverables and services

- The tenderer is requested to specify how he will go about responding to DG HOME affairs’s requests for ad hoc reports (which methodology, which tools, which approach, which organization/team will be implemented to deliver the services).

- The proposal also needs to explain how the topics for the bi-monthly prospect analysis reports will be selected and on the basis of which method these reports will be written.

If the tenderer uses them, his proposal should also mention the tools that are used when producing the various deliverables.

The tenderer has to specify in his proposal which methods and approach to project, demand and quality management will be in place. He is also invited to explain how customer satisfaction will be achieved.

- The draft structure for a monthly report, for an on demand report as well as the draft structure for a quarterly prospect analysis should be developed and justified in the proposal.

Pricing

As far as point I.2.2. (a) is concerned, the proposal submitted by the contractor should contain an indication of the cost per page of a monthly report, assuming a length of 500 words/page.

  • Price by page of on demand short term reports (to be delivered within 48 hours – average pages 5 – 2500 words)
  • Price by page of on demand reports (to be delivered within 10 days or more – average pages between 5 and 20 pages )

As far as point I.2.2. (b) is concerned, the proposal submitted by the contractor should contain an indication of the overall cost for the 8 quarterly prospect analyses, assuming that the length of each prospect analysis should be at least 5 pages (on average 2500 words).

All prices quoted should be all inclusive and cover all costs related to the service.

Nature of the contract

A service contract will be concluded with the tenderer.

The model service contract applicable in this instance is reproduced in Annex 4; the tenderer hereby declares that he accepts this model service contract, which he will be obliged to take into account when preparing his bid.

Duration of the Contract

The duration of the service contract will be 2 years from the date of signature.

The Commission reserves the right to apply Article 134.1) f) of Commission Delegated Regulation (UE n° 1268/2012[2] permitting use of a negotiated procedure for additional contracts consisting in the repetition of similar services or works entrusted to the contractor, provided that the subject of the contract conforms to the present specifications.

Place of performance of the Service Contract

As a general rule, the services that may be placed with contractors under this procedure will, by their nature, be rendered on the contractor's premises and, occasionally, on the Commission's premises in Brussels (Belgium) and Luxembourg (Luxembourg), in the premises of the agencies or cover part or all the Member States. They may also cover third countries.

Indicative contract amount

The total indicative amount over the 2 years period is set out below:

130.000 €

Information on tendering

Participation

Participation in this tender procedure is open on equal terms to all natural and legal persons coming within the scope of the Treaties and to all natural and legal persons in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. Where the Multilateral Agreement on Government Procurement[3] concluded within the WTO applies, the participation to the call for tender is also open to nationals of the countries that have ratified this Agreement, on the conditions it lays down.

The tenderer is requested to submit his best offer matching the specified requirements set out below. A clear and detailed financial proposal should be provided to support the technical proposal when addressing the requirements. Separate figures should appear for human resources, infrastructure and any other administrative costs.

Contractual conditions

In drawing up his offer, the tenderer should bear in mind the provisions of the draft contract attached to this invitation to tender (Annex 4) particularly those on payments, performance of the contract, confidentiality, and checks and audits. Any limitation, amendment or denial of the terms of contract will lead to automatic exclusion from the procurement procedure.

The Commission may, before the contract is signed, either abandon the procurement procedure or cancel the award procedure without the tenderers being entitled to claim any compensation.

Joint Tenders (if applicable)

A joint tender is a situation where a tender is submitted by a group of economic operators (consortium). Joint tenders may include subcontractors in addition to the joint tenderers.

Tenders can be submitted by groupings of service providers/suppliers who will not be required to adopt a particular legal form prior to the contract being awarded. However, the Commission will require the grouping:

-Either to have the contract sign by all members of the grouping. In this case, one of them will be responsible for the receipt and processing of payments for members of grouping, for managing the service administration and for coordination of the contract; or

-to have the contract sign by a team leader, whitch has been duly authorised by the other members to bind each of them (a power of attorney will be attached to the contract according to the template provided by the Commission).

In addition, the composition and constitution of the grouping, and the allocation of the scope of tasks amongst the members, shall not be altered without the prior written consent of the Commission which can be withheld at discretion.

Liability of members of a group

Partners in a joint offer assume joint and several liability towards the Commission for the performance of the contract as a whole.

Statements, saying for instance:

-That one of the partners of the joint offer will be responsible[4] for only one part of the contract and another one for the rest, or

-That more than one contract should be signed if the joint offer is successful are thus incompatible with the principle of joint and several liability. The Commission will disregard any such statement contained in a joint offer, and reserves the right to reject such offers without further evaluation, on the grounds that they do not comply with the tendering specifications.

Subcontracting

Subcontracting is permitted in the tender but the contractor will retain full liability towards the Contracting Authority for performance of the contract as a whole.

If the tenderer intends to subcontract part of the service, he shall indicate in his offer which part will be subcontracted and to what extend (% of the total contract value).

Tenderers must ensure that Article II.7 of the contract (Annex4) can be applied to subcontractors.

Tenderers must give an indication of the proportion of the contract that they intend to subcontract.

Tenderers are required to identify all subcontractors whose share of the contract is above 20%.

During contract execution, the change of any subcontractor identified in the tender will be subject to prior written approval of the Contracting Authority.

STRUCTURE AND CONTENT OF THE TENDER

General

Tenders must be written in one of the official languages of the European Union.

Tenders must be clear and concise, with continuous page numbering, and assembled in a coherent fashion (e.g. bound or stapled, etc…). Since tenderers will be judged on the content of their written bids, they must make it clear that they are able to meet the requirements of the specifications.

Structure of the tender

All tenders must include three sections:

1)Administrative informations and documents related to the exclusion and selection criteria;

2)Technical proposal;

3)Financial proposal.

Section One: administrative proposal

a)Administrative informations

This section must provide the following informations:

  • Cover letter

The tender must include a cover letter presenting the name of the tenderer (including all entities in case of joint offer) and identified subcontractors if applicable, and the name of the single contact person in relation to this tender.

Tenders must be signed by the tenderer or his duly authorised representative. In case of joint tender, the cover letter must be signed by a duly authorised representative for each tenderer, or by a single tenderer duly authorised by other tenderers (with power of attorney).

If applicable, the cover letter must indicate the proportion of the contract to be subcontracted.

Subcontractors must provide a letter of intent stating their willingness to provide the service foreseen in the offer and in line with the present tender specification.

  • Legal Entities

In order to prove their legal capacity and their status, all tenderers and identified subcontractors must provide a signed Legal Entity Form with its supporting evidence.

However, the subcontractor(s) shall not be required to fill in or provide those documents when the services represent less than 20% of the contract.

The form is available on:

Tenderers must provide the following information if it has not been included with the Legal Entity Form:

-For legal persons, a legible copy of the notice of appointment of the persons authorised to represent the tenderer in dealings with third parties and in legal proceedings, or a copy of the publication of such appointment if the legislation which applies to the legal entity concerned requires such publication. Any delegation of this authorisation to another representative not indicated in the official appointment must be evidenced.

-For natural persons, where applicable, a proof of registration on a professional or trade register or any other official document showing the registration number.

  • Financial identification

The tenderer (or the single point of contact in case of joint tender) must provide a Financial Identification Form and supporting documents. Only one form per offer should be submitted (no form is needed for subcontractors and other joint tenderers). The form is available on:

Remark: Tenderers that are already registered in the Contracting Authority’s accounting system (i.e. they have already been direct contractors) must provide the form but are not obliged to provide the supporting evidence.

b)Informations regarding exclusion and selection criteria:

For the exclusion criteria the tenderer is request to submit:

  1. Declaration by the Tenderer relating to the exclusion criteria (see IV.1)
  2. Documents certifying economic and financial capacity (see IV.2.1)
  3. Prove of technical and professional capacity (see IV.2.2)

Section Two: Technical proposal

This technical section is of great importance in the assessment of the bids, the award of the contract and the future execution of any resulting contract.

The technical offer must cover all aspects and tasks required in the technical specification and provide all the information needed to apply the award criteria. Offers deviating from the requirements or not covering all requirements may be excluded on the basis of non-conformity with the tender specifications and will not be evaluated.

Section Three: Financial proposal

All tenders must contain a financial proposal to be soubmited according to the form attached in Annex 3.

The tenderer's attention is drawn to the following points:

-Prices must be quoted in euros, including the countries which are not in the euro-area. As far as the tenderers of those countries are concerned, they cannot change the amount of the bid because of the evolution of the exchange rate. The tenderers choose the exchange rate and assume all risks or opportunities relating to the rate fluctuation.

-Prices must be quoted free of all duties, taxes and other charges, including VAT, as the European Union is exempt from such charges under Articles 3 and 4 of the Protocol on the privileges and immunities of the European Union. The amount of VAT may be shown separately.

-The Price Schedule (Table of Unit Prices), to be filled by the tendering parties, will constitute the future contractual basis. Accordingly, the financial offer must be completed in full and signed by a person able to engage the bidder financially. Any incomplete tender will be excluded from the evaluation procedure.

Bidders must provide the fees for each professional profile These personnel fees must be fixed and include all costs (project management, quality control, training of the contractor's staff, support resources, etc.) and all expenditure (management of the firm, secretariat, social security, salaries, etc.) incurred directly and indirectly by the contractor in performance of the tasks which may be entrusted to him. In particular, the personnel fees must also include the travel and subsistence costs for services provided.

Financial Offer - Price Schedule (Table of Prices) to be submited according to the template attached in Annex 3.