Tenderdocument
European open procedure
Smart@Fire
Deadline for receipt of the offers: [date and time]
Date: [date]
Reference: [reference]
Summary
This tender document concerns the purchasing of Personal Protective Systems (PPS).
In this tender procedure [number]contractingauthorities are participating from [number] countries.
The priority challenge for tenderers covers primarily the development of a PPS central nerve system (incl. standard turnout gear ‘integrated’ with ICT subsystems covering system architecture, communication, localization, visualization, interfaces, etc.)
[Name of the leading contracting authority] manages this tender procedure, acting on its own behalf and the behalf of the following participating contracting authorities:
(i)….
(ii)….
(iii)….
OR
[Name of the leading contracting authority] acts for the following participating contracting authorities as ‘central purchasing body’ (article 1.1 Public Procurement Act):
(i)….
(ii)….
(iii)
[Explanation: see chapter 1]
History
As a preparation for this tender procedure a pre-commercial procurement (PCP, which concerns the research and development phase before commercialization) has been used with the following phases:
- Phase 1: Tendering Stage/Solution Design: has successfully been demonstrated by the invited tenderers by submitting a feasibility study (completed).
- Published on 6 June 2014 in Tender Bulletin.
- Published online on 21 June 2014.
Bid submission and admission based on participation requirements and administrative documentsand technical and financial offer.
- Phase 2: Execution Stage, Prototyping and Testing: the participants of the PCP had the opportunity to develop prototypes or demonstrators, that has been evaluated by the Evaluation Committee (completed).
•Phase I (solution design): tender document published on 6 June 2014 in the bulletin of tenders and published on 21 June 2014 in the Official Journal of the European Union (OJEU).
•Phase II (prototype development): sent to the participants on 18 May 2015.
•Phase III (Pre-commercial small scale product/service development): sent to the participants on 4 April 2016.
- Phase 3: First Batch Production and Testing: has been intended for the original development and testing of a limited volume of first products/services (test series) (completed).
In each phase, tenderers were competing with each other for assignments.
The “European Tender ProcedureStage”: the commercialization phase in which commercial roll-out of the PPS will take place: submission and admission of tenders, based on participation requirements and administrative documents. A technical and financial offer is intended to make a decision for the final producer of the PPS.
This can be another legal entity then the tenderers in the PCP.
This tenderprocedure is open to every supplier, regardless of the fact a supplier participated in the Innovation Platform or in the pre-commercial procurement (PCP).
Documents of the phases before the European tender procedureare attached to this tenderdocument as background information:
- The Framework Agreement;
- The Challenge Brief (includes Functional Requirements);
- The Invitation to Tender for Phase 1;
- The Invitation to Tender for Phase 2.
Tenderdocuments
This tender document for the European open procurement procedure is a separate document. In case of conflict between the following documents with regard to the same matter, the order of priority and prevalence between the documents shall be as follows:
- questions and answers document;
- the tender document;
- the framework agreement;
- the work orders;
- other tenderdocuments, if any; and
- the tender of the contractor.
1Summary
History
1Glossary
2Contracting Authority, Participating Contracting Authorities, one single contract, lots and goal tender procedure
2.1Contracting Authority
2.2Participating Contracting Authorities
2.3Scope of the tender- Smart@Fire
2.4One single contract
2.5Lots
2.6Goal tender procedure
3Tender procedure
3.1European open procedure
3.2Contact
3.3Indicative time schedule
3.4TenderNed
3.5Tender submission guidelines
3.6Content of the tender
3.7Questions & Answers document
3.8Costs tender
3.9Variants
3.10Conditions
3.11Applicable law – Competent court –Remedies
3.12Standstill period (expiration term)
3.13Language
3.14Validity period
3.15False statements
3.16Inconsistencies, in accuracies, mistakes etc.
3.17Confidentiality, publicity and information about the award
3.18Framework agreement
3.19Disclaimer
3.20Withdrawal of the tender procedure
3.21Complaints
3.22Measures environmental, social and labour law
4Partnerships
4.1Consortium
4.2Subcontractors
4.3Reliance on the capacity of other entities
5Exclusion grounds
5.1Mandatory exclusion grounds
5.2Facultative exclusion grounds
5.3Means of proof exclusion grounds
6Selection criteria
6.1Liability insurance
6.2Annual turnover
6.3Experience
6.4Trade register
7Minimum requirements
8Award criteria
8.1The most economically advantageous tender/the best price-quality ratio
8.2Assessment award criteria
8.3Pricing sheet
1Appendix 1: List of documents
2Appendix 2: Tender Query Form
3Appendix 3: Framework agreement
4Appendix 4: General Conditions
5Appendix 5: Statement of Consortium
6Appendix 6: Statement of Subcontracting
7Appendix 7: Statement Other Entity
8Appendix 8: Uniform Single Procurement Document (ESPD)
9Appendix 9: Reference Form
10Appendix 10: List of Minimum Requirements
Contents
Definitions
0.Context of Smart@Fire and the preparation of the Challenge Brief Template
0.1.The Smart@Fire Pre-Commercial Procurement (PCP) process
0.1.1.Positioning of the PCP tender
0.1.2.Pre-commercial Procurement in phases
0.1.3.Preliminary Stage: Needs Assessment – Priority User needs
0.1.4.Preliminary Stage: The State-of-the-Art
1.1.2.Main challenges to be tackled in the scope of Smart@Fire beyond the state-of-the-art.
1.1.3.First Stage: The market consultation - Innovation Platform
1.1.4.Second Stage: The Pre-Commercial Procurement
1.Scope of the Tender
1.1.General objective of the tender: Purchase of [#] PPS systems
1.2.PPS tender scope
1.3.PPS design constraints
2.Appendix 1: Functional Requirements
2.1.Chapter structure
2.2.Priority use-cases in the scope of the Tender
2.3.High-level functional requirements for the PPS in scope of the Tender
2.4.Functional architecture of the PPS in scope of the Tender
1.1.5.Actors
1.1.6.Functional building blocks enable key use-cases
1.1.7.Functional Requirements of the functional building blocks
11Appendix 11: Award criteria (detailed description)
12Appendix 12: Scoring model
13Appendix 13 Tender Form (Technical and Financial offer)
14Appendix 14: Brochure TenderNed: ‘Six steps to bidding for public procurement contracts online’
1Glossary
The terms used in this tender document, written in capital, have the following meaning:
[Explanation: in thistender procedure contracting authorities from different member states act jointly in the award of the framework agreement for a Personal Protective System. Contracting authorities from different member states may act jointly in concluding a framework agreement by using one of the following means (paragraph 2.1.1.1.a Public Procurement Act):
(i) The provision of centralized purchasing activities by a central purchasing body located in the Netherlands. Dutch (procurement) law is applicable to the tender procedure.
(ii) Several contracting authorities from different member states may jointly conclude a framework agreement.
The participating contracting authorities shall conclude an agreement that determines:
- the responsibilities of the parties and the relevant applicable (Dutch) national provisions;
- the internal organization of the tender procedure, including the management of the procedure, the distribution of the supplies to be procured and the conclusion of contracts.
A participating contracting authority fulfills its obligations pursuant to the Public Procurement Act when it purchases supplies from a contracting authority which is responsible for the tender procedure. The allocation of responsibilities and the applicable Dutch(procurement) law shall be referred to in the tender documents for jointly awarded public contracts.
(iii).Set up a joint entity.The participating contracting authorities shall, by a decision of the competent body of the joint entity, agree that Dutch (procurement) law is applicable to this tender procedure.
Contracting Authority
[Name of the leading contracting authority] acts for the Participating Contracting Authorities as ‘central purchasing body’ (article 1.1 Public Procurement Act).
OR
[Name of the leading contracting authority] and the Participating Contracting Authorities have agreed to perform the conclusion of the framework agreement for a PPS jointly. The Contracting Authority manages this tender procedure acting on its own behalf and the behalf of the Participating Contracting Authorities.
ParticipatingContracting Authorities
The Contracting Authority manages this tender procedure acting on its own behalf and the behalf of the following Participating Contracting Authorities:
(i)[name Participating Contracting Authority]
(ii)[name Participating Contracting Authority]
(iii)[name Participating Contracting Authority]
(iv)[etc.]
Public Procurement Act
The act to amend the Public Procurement Act 2012 in connection with the implementation of procurement Directives 2014/23/EU, 2014/24/EU and 2014/25/EU (Parliamentary Papers II 2015-2016, 34 329), which is applicable to this tender procedure and in which Directive 2014/24/EU is implemented in the applicable Dutch (procurement) law of this tender procedure. The Public Procurement Act can be downloaded on: .
Directive
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
ESPD
The European Single Procurement Document, Commission implementing Regulation (EU) 2016/7 of 5 January 2016 establishing the standard form for the European Single Procurement Document. The ESPD is available in all EU languages on the website of the European Commission (see: ec.europa.eu) (appendix 8).
General conditions
General Government Purchasing Conditions 2016 (ARIV 2016) adopted by order of the Prime Minister and the Minister of General Affairs on 23 September 2016, no. 3172110(appendix 4).
PCP
Pre-commercial procurement is a procurement method based on an open competition which enables contracting authorities to engage with innovative businesses and other interested organisations in research and development (R&D) projects, to arrive at innovative solutions that address specific public sector challenges and needs for which there is no solution on the market as yet. The new innovative solutions are developed through a phased procurement of development contracts to reduce risk. For more information please read also the “Invitation to tender” from phase 1, first capital.
A PCP that is seeking to award contracts for R&D services falls outside the scope of the EU procurement directives (article 2.24 paragraph g Public Procurement Act).
PPS
The Personal Protective System, which is described in section 2 of this tender document.
[add more definitions]
2Contracting Authority, Participating Contracting Authorities, one single contract, lots and goal tender procedure
2.1Contracting Authority
The Contracting Authority acts for the Participating Contracting Authorities as ‘central purchasing body’ (article 1.1 Directive).
OR
The Contracting Authority and the Participating Contracting Authorities have agreed to perform the conclusion of the framework agreement for a PPS jointly. The Contracting Authority manages this tender procedure acting on its own behalf and the behalf of the Participating Contracting Authorities.
[Description of the Contracting Authority]
2.2Participating Contracting Authorities
The Contracting Authority manages this tender procedure acting on its own behalf and the behalf of the following Participating Contracting Authorities:
(i)[name Participating Contracting Authority]
(ii)[name Participating Contracting Authority]
(iii)[name Participating Contracting Authority]
(iv)[etc.]
[Description of the Participating Contracting Authorities]
2.3Scope of the tender-Smart@Fire
2.1The subject-matter of the contract is the development of a “PPScentral nerve system: systemarchitecture, communication, localization & interfaces”.
This PPS covers multiple elements listed hereafter. For each element a number of insights are described, reflecting the main sources of complexity.
The PPS central nerve system architecture:
- Communication network with sufficient indoor penetration and near real-time update rate towards the intervention coordinating officer.
- Balanced trade-offs between distributed and central processing, scalability of system, local performance vs. remote responsiveness (online vs. offline operation), interfaces, etc.
Limited integration with textile (underwear, turnout gear, or…):
- Woven-in, layered-on ICT-textile integration comprises too many risks w.r.t manufacturing costs, durability, etc.
- Cabled and/or wireless. When cabled: easy mounting/replacing of cables/connectors; durability of cables/connectors; dealing with different turnout gear sizes; integrating UIs. When wireless: limiting interference; easy start-up and self-assessment of correct operations via minimal # UI’s.
- Electromagnetic shielding of the different devices (sensors, processing unit,…), without implementing military-grade measures.
Localization engine:
- A hybrid localization system (preferentially GPS with inertial subsystem) with limited indoor drift.
- A relative track & trace map, enabling ‘meet point’ and ‘recovery path’ instructions. Available Cartesian coordinated maps (e.g. Google maps) used as overlay.
- Beacon-based solution instead of inertial at increased risk, principally fast & accurate deployment and TCO.
Intuitive user feedback (restitution, visualization):
- For the intervention coordinating officer: intuitive UI dashboard, conform way of working.
- For the firefighter: multimodal combination of audio, simple UI (button/lights) and haptic belt. Risk reduction should focus on automated feedback modality selection and ergonomic use.
Coupling via defined application interfaces (e.g. Bluetooth application profile) with
- (Standalone) environmental temperature measurement device
- Optional, when available: (standalone), cheap, simple and robust explosive gas detector (e.g. indicating the presence of explosive gasses without measuring ppm details).
2.4One singlecontract
The Contracting Authority has the opinion that the contract for the development of a PPS concerns one single public contract. The different parts of this contract fulfill one economic and technical function. The Contracting Authority has therefore not combined unnecessarily multiple contracts into one contract as described in article 1.5 paragraph 1 Public Procurement Act.
2.5Lots
The Contracting Authority has not subdivided the contract into lots. The Contracting Authority has the opinion that it is not appropriate to subdivide the contract into lots, because the different parts of this contract fulfill one economic and technical function.
2.6Goal tender procedure
The purpose of this tender procedure is to conclude a framework agreement with one single supplier. The framework agreementwill be concluded for an initial period of [number] years. The Contracting Authority is allowed to extend the framework agreement with [number] times [number] years (appendix 3).
[3] [6] months before the expiry of the framework agreement the Contracting Authority will inform the supplier by written notice whether or not theframework agreement will be extended.
3Tender procedure
3.1European open procedure
The Contracting Authority applies the European open procedure.
With this tender document, the Contracting Authority is making a call for competition. Any interested supplier may submit a tender in response of this call for competition.
This tender procedure is open to every supplier, regardless of the fact a supplier participated in the Innovation Platform or in the pre-commercial procurement.
The Public Procurement Act is applicable to this tender procedure.
The Contracting Authority has the opinion that it is appropriate and proportional to apply the European open procedure. Because of the innovative character of the subject of this tender procedure, the number of potential tenderers will not be very big. The Contracting Authority has the opinion that the European open procedure will generate the most competition for this contract.
3.2Contact
All communication with respect to the tender procedure must only be made through TenderNed with the following contact person of the Contracting Authority. In the case of absence of this contact person all communication must be made through TenderNed with the deputy of the contact person.
Correspondence with the Contracting Authority must always include the name of the tender procedure.
Contact detailsName contact person / [=]
E-mailadres / [=]
Adres / [=]
Postal adres / [=]
Name deputy contact person / [=]
E-mailadres / [=]
Adres / [=]
Postal adres / [=]
3.3Indicative time schedule
The Contracting Authority aims the following time schedule:
Date / Activity….. / Publication contract notice on TenderNed and tender document available on TenderNed
….. / Deadline for receipt questions
….. / Deadline for answering questions
…… / Deadline for tenders
…… / Assessment by evaluation committee
…… / Notificationprovisional award decision
…… / Notification final award decision
…. / Framework agreement to be signed
…… / Expected ordering
The Contracting Authority reserves the right to adjust the time schedule if necessary. This will be communicated in a timely manner to all tenderers.
3.4TenderNed
TenderNed is the Dutch government’s online tendering system. All Dutch contracting authorities are obliged to publish their national and European tenders on Tenderned’s announcement platform, so businesses can access all public publications from a single webpage.
This tender procedure is fully digital: from announcement to submission and award of the contract. The Contracting Authority shall publish all tender documents on TenderNed. All information between the Contracting Authority and the tenderers will be exchanged trough TenderNed. The tenderer is responsible for the correct use of TenderNed. The Contracting Authority is not responsible for incorrect use of TenderNed by the tenderer. Please review the website of Tenderned ( and the brochure ‘Six steps to bidding for public procurement contracts online’ (appendix14). Tenderers can also contact the servicedesk of TenderNed for support:
Telephone: 0800 836 3376
E-mail:
Before a tenderer can use TenderNed, the tenderer needs to register as a user. Please note that Dutch tenderers need ‘eHerkenning’ to register and login as a user. eHerkenning is a standardized login system which enables organizations to make their services accessible online and securely to companies, civil servants and consumers. To login and register in TenderNed a Dutch tenderer needs eHerkenning with assurance level 2.
3.5Tender submission guidelines
Deadline for the receipt of the tenders is:[date] [time] (CET). The tenders must be submitted through TenderNed.
After [date] [time] (CET)two employees of the Contracting Authority will open the online safe of TenderNed. TenderNed will notify the tenderer by sending a confirmation e-mail.
Please note that [date] [time] (CET)is a final deadline. After this date and time it is (technically) impossible to submit a tender through TenderNed. The Contracting Authority strongly advise tenderers not to wait until the last moment before submitting the tender.
Tenders received after this date and time or tenders which are not submitted trough TenderNed will be excluded from participation in the tender procedure. The tenderer bears the risk and has to proof that it has submitted its tender through TenderNed in time.
By the submission of the tender, the tenderer marks its unreserved acceptance to all terms and conditions contained in the tender documents and previously produced documents. The tendermay not, under penalty of exclusion, contain any reservation in relation to any conditions of any of the tender documents.