PUR1311/19

Pre-qualification Questionnaire (PQQ)

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Provision of an Enterprise Service Bus

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1.0 INTRODUCTION

The European Bank for Reconstruction and Development (the "EBRD") is an international financial institution. The EBRD was established by treaty in 1990 to foster the transition towards open market oriented economies and to promote private and entrepreneurial initiatives in Central and Eastern Europe, the Baltic States and the Commonwealth of Independent States that are committed to and applying the principles of multiparty democracy, pluralism and market economics. The EBRD has 63 members (61 countries, the European Community and the European Investment Bank). Further information about the EBRD's roles and activities can be found on the EBRD's website: www.ebrd.com.

2.0 OBJECTIVE OF THIS PQQ

The objective of this PQQ is to obtain responses to the attached questionnaire from suppliers of enterprise bus software. Responses will be evaluated in order to qualify suppliers to participate in a tender. Only suppliers who answer “yes” to all of these questions will be deemed qualified for the subsequent tender.

The deadline for responses to this PQQ is February 20th 13:00 GMT.

3.0 EBRD CONTACT DETAILS

Your sole contact for the purposes of the PQQ is:

Tom Gale – Principal Manager

Corporate Procurement Unit

EBRD

One Exchange Square

London

EC2A 2JN

Email:

4.0 Status of the EBRD

The EBRD is an international organisation established by international treaty. As such, the EBRD possesses a special status under public international law which has been confirmed under English law through statute (Statutory Instrument 1991, No. 757, The European Bank for Reconstruction and Development (Immunities and Privileges) Order 1991), available at:

http://www.legislation.gov.uk/uksi/1991/757/contents/made.

Please also refer to the aforementioned establishment treaty of the Bank ("articles of incorporation") which lays out the immunities as found in Chapter VIII. These can be found at:

http://www.ebrd.com/pages/research/publications/institutional/basicdocs.shtml

The special status of the EBRD requires it to seek specific provisions relating to such status in all contracts with external Suppliers and service providers. EBRD is unable to agree to terms that expressly contradict its special status and internal policies as an international organisation.

Mandatory Functional Requirements / Y/N / Comments
Can you offer 24/365 technical support for your ESB suite?
Does your ESB suite include integrated adapters which are configurable within the core product design and development environment, supporting connections to:
a)  Major database platforms, including Oracle, and MS SQL Server?
b)  SOAP webservices, over http and https?
c)  SAP Netweaver platform, using RFC technology?
d)  RESTful services, as both producer and consumer?
Does your ESB suite include support for Authentication of SOAP service consumers and providers using SAML tokens?
Does your ESB suite include support for Propagation of identity assertions between SOAP consumers and providers using SAML?
Does your ESB suite support the composition of synchronous service requests configurable within the core product design and development environment? To clarify:
a)  “Composition” implies that a single inbound service request may trigger multiple onward synchronous requests, the responses to which can be correlated by the ESB and combined to produce a single response back to the original requester.
b)  “Core design and development environment” implies that configuration and deployment of such a composed service mapping would take place using the same UI and tools as any simple pass-through mapping, and would not require use of a separate UI or tools.
Does your ESB support publish-subscribe message exchange patterns, including JMS Topics?
Does your ESB provide an interactive debugging tool, supporting breakpoints and step-by-step execution of end-to-end integration mappings
Does your ESB suite provide tools for the automatic generation of test clients for services in development?
Does your ESB suite include a “Registry” or “Repository” which can act as a single point of access to service metadata, including:
a)  Publication of WSDLs for SOAP services
b)  Import and management of definitions, including WSDLs, for services published by other systems
c)  Extensible metadata for classifying services
d)  Support for rich description and documentation attached to services
e)  Support for service versioning
f)  Search facilities across all these resources?

As per section 4.0 of this document, the special status of the EBRD requires it to seek specific provisions relating to such status in all contracts with external suppliers and service providers. EBRD is unable to agree to terms that expressly contradict its special status and internal policies as an international organisation.

Suppliers are required to confirm that they would be prepared to vary the terms of any license agreements, terms of use etc. that the Bank may be required to accept through the use of their products in the following respects.

Minimum Contractual Terms / Y/N / Comments
The Supplier will agree to vary its license terms to include the Bank’s standard dispute resolution clause as provided in Annex A
With specific reference to auditing, the Supplier will agree to vary is license terms to reflect the inviolability of the Bank’s headquarters and archive as provided under UK statute and international law.

Annex A – Dispute Resolution Clause

X.1 This [Contract] shall be construed in accordance with [English] law. Any non-contractual obligations arising out of or in connection with this [Contract] shall be governed by and construed in accordance with [English] law.

X.2 Any dispute controversy or claim arising out of, or relating to this [Contract] or the breach, termination or invalidity hereof or any non-contractual obligations arising out of or in connection with this [Contract] which cannot be amicably settled, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as in force and effect on the date of this [Contract]. There shall be one (1) arbitrator, and the appointing authority for the purposes of the UNCITRAL Rules shall be the LCIA (London Court of International Arbitration). Any provision of such rules relating to the nationality of an arbitrator shall, to that extent, not apply. The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The [Parties] hereby waive any rights under the Arbitration Act 1996 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England or elsewhere. The arbitrator shall not be authorised to grant, and the [Contractor] agrees that it shall not seek from any judicial authority, any interim measures or pre-award relief against the [Bank], any provisions of the UNCITRAL Arbitration Rules notwithstanding.

X.3 Nothing in this [Contract] shall be construed as a waiver, renunciation or modification by the [Bank] of any immunities, privileges and exemptions of the [Bank] accorded under the Agreement Establishing the European Bank for Reconstruction for Development, international convention or any applicable law. Notwithstanding the foregoing, the [Bank] has made an express submission to arbitration under [Section X.2] of this [Contract] and accordingly, and without prejudice to its other privileges and immunities (including, without limitation, the inviolability of its archives), it acknowledges that it does not have immunity from suit and legal process under Article 5(2) of Statutory Instrument 1991, No. 757 (The European Bank for Reconstruction and Development (Immunities and Privileges) Order 1991), or any similar provision under English law, in respect of the enforcement of an arbitration award duly made against it as a result of its express submission to arbitration pursuant to [Section X.2] of this [Contract].

X.4 Unless the [Bank] directs otherwise, the [Contractor] shall continue performing its respective obligations under this [Contract] while the dispute is being resolved unless and until such obligations are terminated or expire in accordance with the provisions of this [Contract].