OPEN INVITATION TO TENDER. AO/RES/ITK/PowerBuilder development/014/10 On-site PowerBuilder development services for in-house ERP applications

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1 European Centre for the Development of Vocational Training Thessaloniki, 28/09/2010 RS/PRO/YSIRAK/2010/662 OPEN INVITATION TO TENDER AO/RES/ITK/PowerBuilder development/014/10 On-site PowerBuilder development services for in-house ERP applications REQUEST FOR CLARIFICATIONS (1) QUESTIONS AND ANSWERS Dear Madam/Sir, In regards to the above mentioned open Tender Procedure please find below the Answers of Cedefop to the requested Clarifications, which were raised by one potential tenderer. Question 1: In the Invitation Letter, page 1, point 2, address provided for (b1) & (b2) cases include both street address and PO Box Data. We assume that there is a clerical mistake and only the street address data must be referred, thus the address should be as follows: European Centre for the Development of Vocational Training (Cedefop) Procurement Service Attention of Mr. G. Paraskevaidis 123, Europe Str, GR Thessaloniki-Pylea, Tel: / Could you please confirm? Cedefop Answer to Question 1 We confirm that the PO Box Data should not be included in the address of Cedefop, given for (b1) and (b2) cases when sending/ submitting a tender by courier /hand delivery. Question 2: In the Invitation Letter, page 2, point 3, is stated that the outer envelope must be addressed, according to point 2, simply to Cedefop bearing additionally the name and address of the sender while the inner envelope must be addressed to Procurement Service. Though, in page 1, point 2 the post address of Cedefop includes the Procurement Service declaration. It is our understanding that envelopes labelling must be used as depicted below: 1

2 Could you please confirm? Cedefop Answer to Question 2 Yes, we confirm that your understanding is correct. Question 3: In the Invitation Letter, page 2, point 4, it is referred that offers must be signed by an authorised representative. Could you please specify if the whole offer should be signed on each page separately or where necessary (only specific declarations, forms, annexes etc)? In case the whole offer should be signed on each page could you please specify whether a full name signature is required or just the initials of our legal representatives, and if electronic initials are allowed? Cedefop Answer to Question 3 The tenderer should submit the Cover letter, the required forms attached as Annexes and the Financial Offer signed; full name and signature are required. No signature is required on the other documents included in the tender.. a) the Cover letter must be signed by official representative/s (name and position) who is/are legally authorised to sign the contract in case of contract award, as required in point 4 of the Invitation to tender. b) all other documents (the required forms attached as Annexes and the Financial Offer) could be signed by any authorised signatory/ies on behalf of the Tenderer (formally empowered to represent the tenderer so as to have the legal capacity to act on behalf of his/her/their company). This could also be the same person/s as per point a) above. Question 4: In Tender Specifications, page 11, section 2.3, bullet item 2, person day is defined to be 8 hours. Though, the normal working hours of Cedefop are between 08:00 and 19:00. 2

3 It is our understanding that the normal working hours will be covered by agreed 8-hours shifts. Could you please confirm? Furthermore, since shifts must begin before 10:00 am, could you please elaborate how the period 18:00 19:00 will be covered without overworking? Cedefop Answer to Question 4 Obviously there is a misunderstanding, as there is no need for working on shifts. The developer will have to work 8 hours a day in the time period between 8:00h and 19:00h. This means that he/she can start working any time after 8:00h and leave any time before 19:00h provided that he/she has worked 8 hours (lunch break not included). Question 5: In Tender Specifications, page 11, section 2.3, bullet item 6, is referred that it is possible for Cedefop to operate during some Greek public holidays and the persons providing on-site services shall be bound to perform work, if required. Could you please specify if such days will be charged as normal working days or as holidays working days? Cedefop Answer to Question 5 When such days are normal working days for Cedefop, these should be charged by the Contractor as normal working days. A day will be charged as holidays working day only if it s a holiday for Cedefop (i.e. when Cedefop is closed). Question 6: In Tender Specifications, page 11, section 2.4, bullet item 1, is stated that the tenderer shall identify a person to act as a single contact point for the administrative and operational communication in regards to the contract implementation. It is our understanding that this person must be pointed out through Annex G Questionnaire 1, Question 2. Could you please confirm? Cedefop Answer to Question 6 a) In the Tender Dossier, Annex G, Questionnaire 1, Question 2 are required the details of the Contact Person, who will act as focal point for all communication which may take place between Cedefop and the Tenderer (not the Contractor). He/She will be the Tenderer s Contact Person for any possible communications that Cedefop might address to the respective tenderer during the tender stage. b) In the Tender Specifications, point 2.4(1), it is clearly stated that The tenderer shall identify a contact person within his organisation who will represent the single contact point for all administrative and operational communication in regards to the contract implementation. This is the Contact Person at the Contract implementation stage. c) It is up to the tenderer to decide whether to propose one and the same Contact Person for a) Tender and b) Contract stages. 3

4 Question 7: It is our understanding that only one profile (SW developer) is asked, even though managerial tasks, like reporting, are also described. Could you please confirm? Cedefop Answer to Question 7 Your understanding is correct. Please note that reporting is not considered a managerial task, and in this context the SW developer will be required to report the tasks executed by him/her. Question 8: Could you please specify if there is a chance more than one developer to be asked to provide services at the same time? Cedefop Answer to Question 8 It is indeed possible that more than one developer be asked to provide services at the same time. Question 9: Concerning the CVs we would like the following clarifications: i) Do you prefer any specific CV template, or any template, including the Europass, can be used? ii) Should the skills required for the profile fulfilled by a single developer s CV or may be covered cumulatively by more CVs? iii) Should CVs be anonymous and related personal data enclosed in a separate folder or the personal data should be embedded to the CVs? iv) Is it accepted for the Tenderer to submit CVs of freelancers? If yes, a letter of intent stating their intention to participate in the project is sufficient? If no, what other documents are required? Cedefop Answer to Question 9 i) Cedefop is helping to design, develop and implement joint European approaches. For example, Cedefop is supporting work on tools such as Europass. We consider that the use of the Europass CV will give consistency to the presentation of all the CVs. This would help the evaluation committee in their work, however it is not a strict requirement stated in the tender documents. ii) The skills required for the profile must be fulfilled by each single developer s CV. iii) CVs should not be anonymous, since the staff proposed with certain skills, education and experience should be identifiable. iv) Tendering Specifications, page 13, section 3.2, 4 th paragraph: An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which he has with them. He must in that case prove to the contracting authority that he will have at his disposal the resources necessary for performance of the contract, for example by 4

5 producing an undertaking on the part of those entities to place those resources at his disposal. This obligation may by fulfilled by presenting statements (Letter/s of Intent for Subcontractor/s, Annex J of the Tender Specifications) from those entities or the consortium agreement (Power of Attorney, Annex I). In any case, the tenderer should refer to points 3.1 and 3.2 of the Tendering Specifications related to exclusion and selection criteria, and to points 4, 4.1 and 4.2, related to the two possible forms of collaboration (consortium/grouping or sub-contracting). The case of freelancers should be treated as per the above. Question 10: In Tendering Specifications, page 12, section 2.4, point 4 is required developer s replacement within 10 days if Cedefop is unsatisfied. Could you please elaborate on the process followed by Cedefop in such cases? Namely, will there be a prior formal notice? Will the developer and / or the contractor be notified in written about the reasons the performance/behavior is considered to be unsatisfactory? Cedefop Answer to Question 10 The developer and the contractor will indeed be notified with a written formal notice about the reasons the performance/behavior is considered as unsatisfactory. Question 11: In Tendering Specifications, page 13, section 3.1, first paragraph, it is stated that the self declaration of Annex C is requested. It is our understanding that it is sufficient to include only the self-declaration to the tender documentation and the correspondence proof documents to be available upon request and / or in case of contract award. Could you please confirm? Cedefop Answer to Question 11 Your understanding is correct. Question 12: In Tendering Specifications, page 13, section 3.2.1, requests for the statements of turnover concerning the type of services covered in this call, for the last two years, to be verified with the information provided in Annex G. Though, in Annex G, Questionnaire 2 is asked the turnover for the last three years. Could you please specify if you need the financial information of the last two or the last three years? Cedefop Answer to Question 12 The turnover for the last two (2) financial years (2008 and 2009) is required to be given. The first table in Questionnaire 2, Annex G, should read: 5

6 What was the turnover of the tenderer for the last TWO (2) years? In case of a consortium please fill-in the information for every consortium member Tenderer Year Number of similar projects Annual Turnover in Euro (with similar projects) Percentage of overall company turnover Question 13: In Tendering Specifications, page 15, section 3.2.2, is asked for the similar projects, to scope, size and nature as those required in this call, to be declared the percentage performed by the tenderer referencing Annex G. The correspondence table (Annex G Questionnaire 4) though doesn t have any reference to percentage. Could you please elaborate on that? Cedefop Answer to Question 13 An additional line to the second table in Questionnaire 4 of Annex G is added, with reference to the percentage, performed by the tenderer, as required in point of the tender specifications. Therefore the second table in Questionnaire 4 of Annex G should read as follows: Tenderers are requested to summarise relevant information for minimum 3 contracts (that are considered similar in scope, size and nature to this tender) performed during the last 3 years by the tenderer as single legal entity or as legal entity within a consortium Contract 1 (title) The name of the Legal Entity (Single tenderer or Consortium member, who performed the contract - please specify) Client (name, country, private/ public sector): Contract amount (in EUR): Percentage performed by the tenderer: Date and year (start-end): Project description and services provided by the tenderer: Contract 2 (Title) please fill in as above... Contract 3 (Title): please fill in as above Question 14: In Annex G Questionnaire 3, at the signup table the row where the position of the authorized person to sign is indicated is missing. We assume that this is due to a clerical mistake and must be added. Could you please confirm? Cedefop Answer to Question 14 Your understanding is correct. 6

7 Question 15: It is our understanding that an electronic copy of the offer is not required for submission. Could you please confirm this? Cedefop Answer to Question 15 Your understanding is correct. Question 16: In Tendering Specifications, page 22, section 6.2, are asked one original signed unbound version and three bound copies of the technical proposal. The checklist of Annex F, though, does not indicate that the original must be unbound. The same goes for the Financial proposal. Could you please specify if the original technical/financial proposal must be bound or unbound? Cedefop Answer to Question 16 We don t see any contradiction between the tender specifications and the checklist. For more clarity please be informed that we prefer the submission of unbound originals and bound copies. Question 17: In Draft Contract, page 16, section IΙ.12.1 it is stated among others that strikes cannot be invoked as force majeure. Does this include third party strikes that affect the fulfillment of the obligations, e.g. strikes that affect all kinds of transportation? Could you please elaborate? Cedefop Answer to Question 17 The formulation... unless they stem directly from a relevant case of force majeure included in the definition of force majeure given in Article II.12.1 of the draft Framework contract, implies that third party strikes can be invoked as cases of force majeure, as it opposes to cases of intra-company strikes (that cannot be invoked). Question 18: In Draft Contract, page 8, section IΙ.1.7 is stated In the event of disruption resulting from the action of a member of the Contractor's staff working on Cedefop premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. In Tendering Specifications, page 12, section 2.4, point 4 is required developer s replacement within 10 days if Cedefop is unsatisfied. We assume that what you consider as delay is the replacement within 10 days. Could you please confirm? 7

8 Furthermore, it is our understanding that 10 days is the duration the contractor s personnel must be available. The time needed for Cedefop to examine the alternative CVs (that will be sent by the contractor within 5 days) isn t included. Could you please also confirm? Cedefop Answer to Question 18 The eventual replacement resulting from possible unsatisfactory conduct, behaviour, abilities and/or performance of contractor s staff, should take place within 10 calendar days. The time needed for Cedefop to examine the alternative CVs that should be proposed by the contractor within 5 days, is indeed not included. Cedefop will examine the alternative CVs as fast as possible. The contractor shall not be liable for any delay that may eventually be caused by Cedefop. The 10 days period for effective replacement will be increased by the number of days necessary to Cedefop for examining the newly proposed CVs. Question 19: With reference to the Award Criterion 1, Chapter 5.2, page 19, could you please provide more information on what exactly is requested from the Tenderers to present in response to this criterion? Should tenderers provide their procedures for each of the tasks specified under chapter 2.2., page 10? Cedefop Answer to Question 19 The tenderers are not required to provide their procedures for each of the tasks specified under chapter 2.2. The tenderer shall provide a proposal on how he will ensure the provision of on-site services, taking into account the location of Cedefop in Thessaloniki and all the requirements under 2.2 and 2.3. Question 20: As far as Award Criterion 2 is concerned, would the description of the Global Training Process of the company be considered sufficient? If specific trainings on Powerbuilder and/or other products/technologies are not presented will this have an effect on the number of awarded points? Cedefop Answer to Question 20 The description of the Global Training Process of the company would be sufficient, as long as it is relevant and can directly be applied to the type of services provided in this call. If specific trainings on Powerbuilder and/or other products/technologies are not presented, it will not have any effect on the number of awarded points. Nevertheless, Cedefop would like to attract the attention of the tenderers to point 2.4(10) of the tender specifications : In case the Centre decides to upgrade the current technological platform (PB v8 and Sybase ASE 15), the contractor will be asked to take all appropriate measures to upgrade developer s knowledge to higher versions of the tools used, e.g. through training. 8

9 Question 21: In Tendering Specifications, page 12, section 2.4(8), it is stated that the availability of one of the proposed developers within one (1) month following the signature of the framework contract (expected signature by the end of November 2010) must be ensured. i. If the first Order Form is not sent before one month following the signature of the framework contract, does this mean that one of the proposed developers must anyway be available within this first month following the signature of the framework contract? ii. If the first Order Form is sent e.g. three weeks after the signature of the framework contract, does this mean that one of the proposed developers must be available within one week, i.e. before the month ends from the signature of the framework contract? Cedefop Answer to Question 21 i. If the first Order Form is not sent by Cedefop within one month following the signature of the framework contract, then there will be no specific requirement for ensuring the availability of one of the proposed developers. However please note that Cedefop plans to issue the first order form immediately after the signature of the FWC. ii. No, please see point 2.4.(9) of the Tendering Specifications. Question 22: With reference to the Award Criterion 1, Chapter 5.2, page 19, could you please specify if requirements set under 2.4 that are specifically required also to other award criteria must be also presented? Namely, should the replacement process (that is also required to award criterion 4) and the communication / contract management process (that is also required to award criterion 3) also be analyzed and presented for Award Criterion 1? Cedefop Answer to Question 22 In the Tendering Specifications, page 19, point 5.2, there is a typo mistake in the text for Award Criterion 1. Please ignore the reference to point 2.4. Therefore the relevant text should read: For award criterion 1 Proposal for provision on-site services (point 2.2), taking into account the location of Cedefop in Thessaloniki and all the requirements under 2.2 and 2.3. Question 23: Does CEDEFOP follow specific methodologies for the execution of any of the tasks listed in section 2.2, and if so could you please specify? Cedefop Answer to Question 23 Cedefop follows in-house procedures for the execution of the tasks listed in section 2.2, which will be provided to the SW developer of the selected tenderer (the Contractor). 9