TENDER SPECIFICATIONS PROVISION OF ICT SECURITY AND BUSINESS CONTINUITY PLANNING SERVICES FOR THE NEW PREMISES OF EUROJUST

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1 TENDER SPECIFICATIONS 2012/EJ/82 PROVISION OF ICT SECURITY AND BUSINESS CONTINUITY PLANNING SERVICES FOR THE NEW PREMISES OF EUROJUST Issued by Eurojust The Hague The Netherlands 2012/EJ/82 1

2 TABLE OF CONTENTS TABLE OF CONTENTS... 2 SECTION A - INTRODUCTION... 4 A.1. WHAT IS EUROJUST?... 4 A.2. WHAT IS PROCUREMENT?... 4 A.3. IMPORTANT NOTE... 5 SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE... 6 B.1. SCOPE OF WORK... 6 B.1.1. BACKGROUND INFORMATION... 6 B.1.2. REQUIREMENTS... 7 B.1.6. VARIANTS TO THE REQUIREMENTS B.1.7. DIVISION INTO LOTS B.2. CONTRACT B.2.1. TYPE OF CONTRACT AND DURATION B.2.2. CONTRACT IMPLEMENTATION B.2.3. CONTRACT PRICES B.2.4. IMPORTANT NOTE B.3. YOUR TECHNICAL PROPOSAL B.4. YOUR FINANCIAL PROPOSAL B.4.1. IMPORTANT NOTES B.5. TENDERER S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA B.5.2. CAPACITY: SELECTION CRITERIA B.5.3. IMPORTANT NOTE B.6. AWARD CRITERIA B.7. TIMETABLE SECTION C INSTRUCTIONS ON HOW TO TENDER C.1. CONTENTS OF YOUR TENDER C.1.1. IMPORTANT NOTE C.2. LANGUAGE OF YOUR TENDER C.3. HOW TO PACKAGE YOUR TENDER? C.4. HOW TO DISPATCH YOUR TENDER? C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS /EJ/82 2

3 C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED? SECTION D HOW WILL TENDERS BE EVALUATED? D.1. PUBLIC OPENING SESSION D.1.1. FORMAL OPENING REQUIREMENTS D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSION D.2. TENDER EVALUATION SESSION SECTION E JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS E.1. JOINT OFFERS SUBMITTED BY CONSORTIA E.1.1. INTRODUCTION E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDED E.1.3. EVALUATION E.1.4. CONTRACT IMPLEMENTATION E.2. SUBCONTRACTING E.2.1. INTRODUCTION E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDED E.2.3. EVALUATION E.2.4. CONTRACT IMPLEMENTATION SECTION F SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION ANNEXES: Annex A Annex B Annex C Annex D Annex E Annex F Annex G Annex H Annex J Annex K Annex L - Technical Proposal Form - Pricing Form - Model Contract - Template of Declaration ex Article 134 of the Implementing Rules (Commission Regulation No.2342/2002) - Financial Capacity Form - Statement on the Acceptance of Eurojust s Model Contract - Model of Letter of Intent for Subcontractor/s - Statement on Security Clearance - Receipt hand delivery - Administrative Data Form - Check list [to be checked BEFORE dispatching your tender] 2012/EJ/82 3

4 SECTION A - INTRODUCTION A.1. WHAT IS EUROJUST? Eurojust is the permanent judicial co-operation unit of the European Union, established in February 2002 by Decision of the Council of the European Union (Decision 2002/187/JHA) as amended by Council Decision (2009/426/JHA) of 16 December Eurojust s goal is to reinforce the fight against crime, by enhancing the effectiveness of the competent authorities within the Member States when dealing with serious crossborder and organised crime. Eurojust stimulates and improves the coordination of investigations and prosecutions, and it supports the co-operation between the competent national authorities of the Member States by facilitating inter alia the execution of international mutual legal assistance and the implementation of extradition requests. Further information on Eurojust s activities is available on its website, at the address: ORGANISATION AND STRUCTURE Eurojust consists of a College and an Administration. The College of Eurojust is composed of 27 national members, who are nominated by each EU Member State among senior experienced prosecutors or judges, and are supported by deputy members, assistants, and secretarial staff. Each National Desk may, at any given time, have one or more interns as well. The College is supported in its day-to-day activities by an administrative organisation composed of six units: Budget, Finance & Procurement, Corporate Services, Human Resources, Information Management, the Legal Service, and the Secretariat of the European Judicial Network (EJN). In addition, three dedicated services support the College: Data Protection, Press & PR, and the College Secretariat. As a relatively new organization, Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The number of postholders in Eurojust in 2011 was in the vicinity of 250. A.2. WHAT IS PROCUREMENT? Procurement covers public contracts as well as procurement procedures. Public contracts are defined as purchases by a public authority of a service, goods or works. A procurement procedure is the structured way that leads to the conclusion of a public contract. The purpose is: (i) (ii) (iii) to guarantee the widest possible participation of economic operators (referred to as tenderers ), to ensure the transparency of operations, and to obtain the desired quality of services, supplies and works at the best possible price. 2012/EJ/82 4

5 Offers submitted in the context of a procurement procedure are designated tenders. An economic operator who has submitted a tender is designated a tenderer. Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) and their Implementing Rules (Commission Regulation 2342/2002). Please note that the Financial Regulations and their Implementing Rules took over the provisions of the Directive 2004/18/EC. A.3. IMPORTANT NOTE Confidentiality The tenderer - whether or not its tender is accepted - and all other recipients of the documents composing these Tender Specifications - whether or not they submit a tender - shall treat the details of these documents as private and confidential and shall not disclose the details to any party. All documents submitted by the tenderer shall automatically become the property of Eurojust and are deemed confidential. Protection of personal data Personal data are processed in accordance with the requirements of the rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No C 68 of , p. 1. (available on Eurojust website, at the address Central Exclusion Database (CED): The tenderers should be aware that the Central Exclusion Database will be consulted. The tenderers and, if they are legal entities, persons who have powers of representation, decision making or control over them, are informed that, should they be in one of the situations mentioned in: - the Commission Regulation of on the Central Exclusion Database- CED (OJ L, 344, , p. 12), their personal details (name, given name if natural person, address, legal form and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the CED, and communicated to the persons and entities listed in the above-mentioned Regulation, in relation to the award or execution of a procurement contract or grant agreement or decision. Disclaimer Eurojust reserves the right to accept or reject any tender and to annul the process and reject all tenders at any time prior to the contract signature, without thereby incurring any liability to the affected economic operators. Eurojust will not be responsible for, or pay for, expenses or losses that may be incurred by the tenderer in the preparation of its tender and/or during the tender evaluation period. Where these Tender Specifications refer to tenderer it shall be considered as contractor after signature of the contracts. 2012/EJ/82 5

6 SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE B.1. SCOPE OF WORK The scope of this procurement procedure is the provision of consultancy services to Eurojust in ICT security and business continuity planning in relation with the protection of information and classified information on ICT system deployed at Eurojust. B.1.1. BACKGROUND INFORMATION Eurojust is a service delivering organization. Its tasks are primary of consultative and administrative nature. For specific projects Eurojust has encountered the need for consultancy provided by external professionals (consultants) in specific areas. For this reason, Eurojust is launching an open tender to select tenderers that can provide consultancy services to Eurojust in the certain area described in Section B Due to the nature of the core business, Eurojust is dealing with sensitive and EU classified information, which has to be protected and safeguarded. Hence the security of information is essential. As EU classified information is also processed at Eurojust, the compliance with EU legislation should be ensured as well, in particular with The Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information For more information please refer to Eurojust website: A forecast of the anticipated scope of the required consultancy services, based on previous experience and management planning, is included in Section B The actual number of working days and types of consultancy services requested by Eurojust in the future will be based on the available budget and the justified needs of Eurojust Units and Services. However, please note that an increase of needs for the consultancy services may occur. In exceptional cases Eurojust might require services/profiles that are neither listed in Section B nor in the tenderer s proposal, but which fall within the scope of this tender and are related to the services. The price of these services will be negotiated on a case-by-case basis. Overall objective The overall objective of this contract is to acquire advisory services in the following areas: ICT Security of the information and telecommunication systems deployed at Eurojust. Business Continuity Planning at Eurojust. Purpose The purposes of this contract are as follows: 2012/EJ/82 6

7 To deliver advisory services regarding the design of ICT systems in the above mentioned areas (as listed in section B below). Special attention should be paid to the security of information processed at Eurojust Computing environment; design of ICT related automated and manual controls, compliance with relevant EU legislation and Eurojust internal rules. To provide an advice on the design of the processes, which support and ensure the security of sensitive and classified information at Eurojust. To provide an advice on the security measures to be implemented when the information is transmitted over dedicated and public communication channels to the business partners within the EU and third countries. To provide Eurojust an advice and know how related to the Business Continuity Planning. B.1.2. REQUIREMENTS B DESCRIPTION OF SERVICES Eurojust operates in an environment where ICT (Information and Communication technology) security is one of the key components of its operations. Due to the nature of Eurojust business the information is stored and handled within the ICT systems deployed at Eurojust and it is also transmitted over different means of communication between the computing environments of Eurojust and business partners, such as EU Member States prosecution authorities, EU organisations and bodies and third countries authorities. Eurojust also provides ICT support to the users on offsite location when the information should be protected during processing, storing and transmitting. Eurojust operates information security at high level which ensures the protection of sensitive and classified information at high security level and is in line with relevant EU Council regulation on safeguarding information. Therefore the security measures should be compliant with all relevant regulations and internal rules, including Eurojust Security Rules, EU Council Security Rules, EU Member States regulations and international standards and best practices such as ISO 27001, ITIL, NIST, CobiT etc. B Main services The successful tenderer is required to provide the below services over the contract period (not necessarily in that chronological order) at minimum: Project/Service Estimated number of consultancy days during the contract period (3-4 years) Development and review of operational and technical security requirements based on: The outcomes of the risk assessments The relevant internal and EU regulations. Eurojust Multiannual ICT strategic Year when the project is expected to take place /EJ/82 7

8 plan Conduct independent external active penetration tests in order to identify the vulnerabilities of the Eurojust s ICT systems. The aim of the penetration test is to identify the vulnerabilities of the Eurojust information communication systems. The outcomes of the tests should be the recommendations on how to reduce the risks coming from the identified vulnerabilities. Development and improvement of Eurojust Business Continuity Plan and facilitating and performing tests of the Business Continuity Plans For services mentioned above, Eurojust will need the services of the following profiles of consultants: Consultants in ICT security advisory services, having minimum 5 (five) years of experience in ICT security advisory services, implementation, management and audit and evidenced by certificates, issued by EU or international recognised bodies and associations, such as ISACA, ISC2 or equivalent; Consultants in Business Continuity Planning advisory services, having minimum 5 (five) years of experience in ICT security advisory services, implementation, management and audit and evidenced by certificates, issued by EU or international recognised bodies and associations, such as ISO or equivalent; Drafting specialist in ICT security policies and procedures, having minimum 5 (five) years of experience in that field. Please note that the tenders, which do not cover all above indicated projects/services and profiles, will be rejected. B Optional services: In addition, Eurojust may request consultancy projects/services/profiles that are not listed above, but which fall within the scope of this tender and are related to the projects/services/profiles listed. Please note that, if offered, the proposed optional projects/services/profiles will not be considered during the evaluation. B CONDITIONS FOR THE PROVISION OF SERVICES BY THE SUCCESFUL TENDERER B General 2012/EJ/82 8

9 The tenderer must have access to a pool of consultants, which will be made available on request and at all stages of the Specific Contract for which they are assigned. The tenderer commits that its proposed consultants possess the necessary professional qualifications for providing the respective consultancy services. During the implementation of the Contract, the tenderer shall be fully responsible for all administrative matters, including the invoicing requirements, as specified in the Model Contract (Annex C). Additional requirements (timesheets, reports, etc.) if requested by Eurojust will be detailed in the Specific Contract. The tenderer will monitor the progress of each assignment and shall be responsible for the performance of the consultant(s) involved. The tenderer shall be in a position to give a written update on progress at any time in the course of the assignment, if Eurojust requests so. The tenderer shall ensure that its consultant(s) will be available at all stages of the assignment. In particular, the successful tenderer shall be requested to perform the Contract under the highest professional standards. B Place of performance of the Contract Services can be carried out at Eurojust premises (Maanweg 174, 2516 AB The Hague and Saturnusstraat 9, 2516 AD The Hague) and any other buildings that Eurojust uses during the performance of the Contract. In that case, they shall be performed during normal Eurojust working days and hours. Eurojust shall provide a work place in its premises for the tenderer s consultant(s). At the discretion of Eurojust and depending on the Specific Contract, the tasks may be performed from the successful tenderer s premises or at any other location. B Constraints and conditions to performance of the Contract a) Status of the tenderer s consultants The tenderer s consultant(s) shall have the status of non-regular external personnel for Eurojust. The tenderer s consultant(s) or staff involved in the implementation of any Specific Contract, shall under no circumstances be considered or treated as Eurojust Staff, i.e., having the status of Eurojust Staff and subject to the Staff Regulations of Officials and/or the Conditions of Employment of Other Servants of the European Communities applicable to Eurojust, or Seconded National Experts (national or international civil servants, who are working temporarily for Eurojust under the rules applicable to such experts). There shall be no subordinate link between Eurojust and the tenderer s consultant(s) and staff. Eurojust may under no circumstances be considered to be the employer of the tenderer s consultants and staff and the said consultant(s) and staff shall undertake not to invoke in respect of Eurojust any right arising from the working relationship between Eurojust and the tenderer. b) Tenderer s consultant(s) conduct Confidentiality Data protection Security requirements The tenderer s consultant(s) shall be required to conduct themselves and perform their work in an impartial way and ensure that the assignment(s) for which they are responsible is/are properly prepared and conducted, provide high-quality work and adhere to the code of practice of the firm, profession or professional body to which they belong. 2012/EJ/82 9

10 Eurojust has stringent security requirements, both with respect to personal data and sensitive information protection. The tenderer shall commit to make aware its personnel of and respect the rules of confidentiality applying to Eurojust (Article 25 of the Eurojust Decision), and the processing of personal data by application of the rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No C 68 of , p.1 (the Eurojust Data Protection Rules ). They shall be made aware of the security requirements applicable to Eurojust. Strictest confidentiality shall be required. Any breach of confidentiality may result in termination of the Contract and individuals and/or Contractor subject to damages claims. The Contractor and its consultants may be required to sign a confidentiality declaration with Eurojust which will be valid beyond the validity of the framework contract or any specific contract under it. c) Security clearance All the consultants assigned by the contractor to Eurojust projects must be in possession of a clearance from a recognised Member State National Security Agency (NSA) at least EU SECRET level or above for the duration of the Contract. The original document or a copy of the security clearance certification or other proof/confirmation of it must be provided upon request. Please note that any financial costs arising from a security clearance procedure shall be borne by the contractor B Replacement of consultants The tenderer s consultant(s) shall be those as proposed in the Tender or agreed with Eurojust in relation to a Specific Contract(s). The tenderers hereby endeavour to make sure that the proposed personnel shall be made available for the duration of the Contract or the Specific Contract, as the case may be. Eurojust reserves the right to cancel the Framework/Specific Contract, if the personnel proposed in the tenderer s proposal are not available, regardless of the cause. S/he shall be made aware of the phases and/or timetable implementing the related Specific Contract(s). If the tenderer intends to replace the proposed consultants, then any new consultant must meet all requirements (including security clearance), which are defined in these Tender Specifications for consultants. Any change of personnel shall be promptly notified by the tenderer and shall require the prior agreement from Eurojust. Should the prior agreement from Eurojust not be sought and should such change of personnel cause harm to Eurojust, Eurojust reserve the right to claim damages as result thereof. Should the tenderer not be able to provide suitable candidates, Eurojust may immediately terminate the Specific Contract or when applicable the framework contract. On Eurojust s request the tenderer shall replace personnel that prove unable to carry out the specific tasks under the Specific Contracts under the required standards. During holidays or other periods of planned absence by some personnel, the tenderer may be required to provide an adequate replacement. The tenderer shall endeavour to maintain the continuity of services. The replacement shall be carried out at no additional cost for Eurojust and not to Eurojust s disadvantage in any way. The tenderer shall propose within 5 (five) working days a minimum of 3 (three) appropriate consultants who meet the qualifications and experience required for the implementation of the Specific Contract. 2012/EJ/82 10

11 The replacing personnel shall complete the Specific Contract under the same financial conditions. The handover period shall be free of charge for Eurojust and shall last 5 (five) working days and shall start at least 5 (five) working days before the personnel leaves so that the substitute personnel becomes immediately operational. The replacing personnel will be provided with all information necessary (amongst others about the status and specificity of the project, Eurojust s procedures and terminology, etc.) to guaranty continuity of the service provided to Eurojust. It is up to Eurojust to assess the operational readiness of the substitute consultant. The handover period shall in any case not exceed 10 (ten) working days. B Requirements related to the consultants The tenderer shall ensure that the proposed consultants possess the necessary professional qualifications for providing consultancy services at Eurojust. All consultants proposed by the tenderer shall be fluent in English, both spoken and written. Given the cultural diversity of Eurojust staff, the consultants proposed must have working experience in a complex multicultural environment. Qualifications and additional linguistic skills, together with the professional experience and technical expertise requested for a Specific Contract, will be detailed in the Specific Contract, as explained in Section B.2.2. B Intellectual property With regard to any product commissioned by Eurojust and developed by the tenderer in the context of its Contract, the intellectual property rights will be owned by Eurojust, in its capacity as financial source of the Contract. The tenderer cannot file a trademark or patent or claim a copyright in relation to any of the results or rights obtained by Eurojust in performance of the Contract or allow a third party to do such fillings or claims, without the prior written consent from Eurojust. B Customer service, communication and reporting The tenderer shall provide a customer service meeting the following requirements: The successful tenderer shall identify a project manager within its organisation who will represent the single contact point for all administrative and operational communication with Eurojust. Similarly, Eurojust will designate the contact person at the Eurojust Corporate Services Unit being in charge of handling contacts with the successful tenderer for the implementation of the Contract. All communications and exchange of information between Eurojust and the successful tenderer shall be held in writing, by fax or , and be addressed to the tenderer s project manager and to the contact person at Eurojust Corporate Services Unit respectively. The successful tenderer shall be responsible for the progress and performance of its consultant(s) when implementing the Specific Contract(s) and will be required to provide for regular/interim reports after prior agreement with Eurojust on the content and frequency of those, implementation plans, project plans and/or to 2012/EJ/82 11

12 initiate progress meetings in the manner indicated in the Specific Contract or at Eurojust request, if necessary. Each report shall be presented and discussed with Eurojust according to Eurojust instructions and indicative timeframes. Definitive deadlines shall be mutually agreed between the Eurojust and the successful tenderer. As an outcome of the services provided, the successful tenderer shall always provide Eurojust with a final report following the completion of each Specific Contract. Invoices may be issued only when tasks have been completed and the final report duly accepted by Eurojust. Eurojust reserves the right to request the successful tenderer at any stage of the provision of services to provide the progress reports and initiate progress meeting, however the precise requirements will be indicated in the Specific Contract. All communication and documentation under the Contract shall be in English language. B.1.6. VARIANTS TO THE REQUIREMENTS Variations on the requirements as contained in Section B.1.2 are not allowed. B.1.7. DIVISION INTO LOTS This procurement procedure is not divided into lots. The tenderer must be able to provide all services requested. B.2. CONTRACT B.2.1. TYPE OF CONTRACT AND DURATION Eurojust proposes to award a framework service contract for duration of three (3) years (the Contract ) to a single successful tenderer. The Contract may be automatically extended up to a maximum of one (1) time for a maximum period of twelve (12) months, unless written notification of the contrary is sent by one of the contracting parties at least three (3) months before expiry of the Contract. The Contract shall be extended under the same terms and conditions. In any case, extension does not imply any modification or deferment of existing obligations. Eurojust may, during the three years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice for additional contracts involving services similar to those assigned to the party awarded this contract by the same contracting authority. Depending on the Specific Contract, the contractor may be requested to provide consultants for Specific Contracts lasting from a few weeks to several months. Specific Contracts can be concluded over the total duration of the Contract. The duration of the performance will be specified in the Specific Contract. 2012/EJ/82 12

13 B.2.2. CONTRACT IMPLEMENTATION The Contract will be implemented through specific contracts (the Specific Contract ). Whenever Eurojust needs to purchase services related to the scope of this tender, it will contact the Contractor in writing, either via or fax, describing the relevant consultancy services requested (e.g., area of the requested services, timetable and duration of the Specific Contract, professional experience, technical expertise and qualifications sought, language, etc.). In no event should this prior request be deemed as a binding obligation to purchase the services by Eurojust. The Contractor shall acknowledge the reception of the written request and make a proposal to Eurojust, for a qualified consultant or qualified team of consultants to execute the tasks, within 8 (eight) working days of the request sent by Eurojust. The Contractor shall lay down a description of how the requested services will be provided, the profiles of the consultants and, where applicable, the hourly rates based on the relevant provisions of the Model Contract (Annex C). As an option and should Eurojust deem it necessary, Eurojust shall conduct interviews with the proposed consultants. Should Eurojust agree on the proposal made by the Contractor, Eurojust shall draw a Specific Contract reflecting the requested services, Contractor s offer and agreed prices. The details of the implementation of the services (i.e., delivery time, reports, phases, invoices, etc.) shall be described in the Specific Contract. The Specific Contract shall not be implemented before being signed by both Eurojust and the Contractor. Tenderers attention is drawn to the fact that the Contract does not constitute the placement of the Specific Contract, but is merely designed to set the legal, financial, technical and administrative terms governing relations between the contracting parties during the Contract term. Only implementation of the Contract through Specific Contracts is binding on Eurojust. The Contract does not confer on the Contractor any exclusive right to provide the services specified in these Tender Specifications, and it does not impose any obligation on Eurojust to require such services. NB! The performance of the contract is subject to the following condition: All the consultants assigned by the tenderer to Eurojust projects must be in possession of a clearance from a recognised Member State National Security Agency (NSA) at least EU SECRET level or above for the duration of the Contract. B.2.3. CONTRACT PRICES Prices for the provision of the services listed in the technical proposal of the successful tenderer shall be as indicated in its financial proposal, in Euro currency, drawn up according to the Pricing Form (Annex B) and the instructions provided in Section B.4. During the implementation of the Contract, as described in Section B.2.2., the hourly rates of the consultants proposed by the successful tenderer shall be as listed in the financial proposal Price List, drawn up in compliance with Section B.4. The Contract price shall consist of hourly rates ( Hourly Rates ). Specific Contracts may indicate prices on the basis of the Hourly Rates and according to the specificity of the services requested. 2012/EJ/82 13

14 During the implementation of the Contract, the Contractor can propose price reductions. In exceptional cases Eurojust might require services/profiles that are neither listed in Section B nor in the tenderer s proposal, but which fall within the scope of this tender and are related to the services. The price of these services will be negotiated on a case-by-case basis. B PRICE REVISION Once the Contract has entered into force, the prices indicated in the financial proposal annexed to the Contract shall be fixed and not subject to revision during the first year of performance of the Contract. Afterwards, the prices may be revised under conditions laid down in the Model Contract (Annex C). B REIMBURSEMENT OF ADDITIONAL EXPENSES No additional expenses shall be reimbursed. Travel expenses and costs related to travel (e.g. daily subsistence allowance, hotel accommodation) incurred by the tenderer shall not be reimbursed. Additional expenses that the tenderer and its consultants may incur during the performance of the Contract shall be included in the hourly rates proposed in the financial proposal drawn up according to the Pricing Form (Annex B). B INVOICING The invoicing will be based on the hours of the consultant(s) performed. Travel time shall not be invoiced and shall not be paid to the contractor. B.2.4. IMPORTANT NOTE A Model Contract is included as Annex C to these Tender Specifications. The resulting contract with the successful tenderer will be based on the Model Contract. The very fact of submitting a tender in response to this call for tenders implies that you: Accept all terms and conditions as stipulated in these Tender Specifications and their annexes (including the Model Contract Annex C); Waive your own terms of business. The tenderers are requested to insert in their tenders a written statement of acceptance of the Model Contract in accordance with Annex G. Eurojust reserves the right to decline without further comment any tender that does not accept its Model Contract. In case the (potential) tenderers would like to raise objections or ask questions about the Tender Specifications and their annexes they should comply with the procedure indicated in Section C below. 2012/EJ/82 14

15 B.3. YOUR TECHNICAL PROPOSAL Tenderer s technical proposal should consist of the Technical Proposal Form (Annex A) in accordance with the following: Tenderer s technical proposal should include a clear and comprehensive response to ALL main services, as specified in Section B.1.2. [Requirements], according to the form, which can be found in Annex A; Tenderer s technical proposal shall be based on the description of main services, as specified in Section B [Description of services], according to the form, which can be found in Annex A; Tenderer s technical proposal may include definitions and descriptions of optional services, as specified in Section B.1.2. [Requirements], according to the form, which can be found in Annex A. Tenederer s technical proposal shall be prepared and the Technical Proposal Form shall be filled in according to the instructions contained in Annex A of the Tender Specifications. While preparing your technical proposal, tenderer shall bear in mind: the requirements specified in Section B.1.2.; the award criteria indicated in Section B.6. The front page of the technical proposal shall be signed by a legal representative of the tenderer. The tenderers are required to submit an electronic version of their technical proposal in addition to the hard original and hard copies. The hard original shall prevail over the electronic version. B.4. YOUR FINANCIAL PROPOSAL Tenderer s financial proposal shall contain all Parts of the Pricing Form (Annex B), duly filled in, in accordance with the following: a Price List containing hourly rates of main services, according to the form, which can be found in Annex B Part I (Price List of main services); a hypothetical Scenario for Financial Evaluation consisting of hours needed per 3 (three) years, according to the form, which can be found in Annex B Part I (Scenario for Financial Evaluation); the rates from the Price List of main services, Annex B Part I shall be used for the Scenario for Financial Evaluation; a price list containing hourly rates concerning the optional services according to the form, which can be found in Annex B Part II, if applicable. Please note that quantities of hours are specified in the scenario without this implying any commitment on the Eurojust s part as regards the actual volume of services. Tenderer s financial proposal shall be prepared and the Pricing Form shall be filled in according to the instructions contained in Annex B of the Tender Specifications. While preparing your financial proposal, you shall bear in mind: the important notes specified in Section B.4.1. below; 2012/EJ/82 15

16 the award criteria indicated in Section B.6. Each page of the Pricing Form shall be signed by a legal representative of the tenderer. B.4.1. IMPORTANT NOTES You shall note that: Financial proposals will be compared on the basis of the Total Value of the Contract for 3 years as per the Scenario for Financial Evaluation Part I of the Pricing Form (Annex B). The hourly rates proposed in Part II of the Pricing Form (Annex B) will not be taken into consideration for the evaluation of the tenderers financial proposals; these hourly rates will be considered as future reference for Contract prices. The proposed hourly rates must be inclusive of all costs directly and indirectly related to the performance of the Contract, which tenderer may sustain, such as the cost of administration, backstopping, contract management, contact person and other support staff, costs incurred by travel etc. These costs will not be reimbursed separately and they should be included in the hourly rates proposed by the tenderer in its financial proposal. Charges not already included in your financial proposal will not be allowed in future quotations: therefore, you must be as complete in describing your price structure as possible. All prices must be quoted in Euro, and where necessary, using the conversion rates published in the C series of the Official Journal of the European Union on the day when the offer is issued. This information is also available on the website of the European Central Bank at the following URL: /. Your financial proposal shall exclude all duties, taxes and other charges (including VAT), as Eurojust is exempt from such charges. For tenderers to which the exemption does not apply under their national law, the financial proposal shall clearly state the prices exclusive of taxes, together with the corresponding tax. B.5. TENDERER S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA Tenderers shall be excluded from this procurement procedure if: (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; 2012/EJ/82 16

17 (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 judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities financial interests; (f) they are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation (Council Regulation no 1605/2002). In addition, a contract shall not be awarded to tenderers who, during the procurement procedure for this contract: are subject to a conflict of interest; are guilty of misrepresentation in supplying the information required by Eurojust as a condition of participation in the procurement procedure or fail to supply this information; find themselves in one of the situations of exclusion referred to in Article 93(1) of the Financial Regulation (Council Regulation no 1605/2002) for this procurement procedure. Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or Eurojust during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of its tender and may result in administrative penalties. Document to be provided: You shall provide - in original - a declaration on honour drawn up according to the template found in Annex D, dated and duly signed by the legal representative of the tenderer. B.5.2. CAPACITY: SELECTION CRITERIA You - as the tenderer - must have the overall capabilities (technical/professional, economic/financial, legal) to perform the Contract. If one of the selection criteria listed below is not positive, your tender may not be further evaluated. B TECHNICAL AND PROFESSIONAL CAPACITY Selection criteria: You as the tenderer - must prove that you have appropriate technical and professional capacity to perform the contract you must meet the following selection criteria: a) Have a minimum experience of at least 3 (three) years in providing services described in these Tender Specifications and your professional capacity should be appropriate to the required services. 2012/EJ/82 17

18 b) The tenderer should demonstrate the experience by providing a list of minimum three similar relevant projects within the European Union (similar in size, complexity, type of services and budget). If only a part of a project was completed by the tenderer, only this part shall be considered for evaluation. The tenderer should demonstrate the experience in all areas, i.e. ICT security, Business Continuity Planning, ICT controls design and deployment, and ICT security management framework design and implementation. c) Have a relevant manpower, including a pool of experts (minimum 3 (three) + 1 (one) back up) experts with appropriate profiles as per the requirements of Sections B and B of these Tender Specifications) assigned to the fields of services similar to those required in these Tender Specifications, over the past 3 (three) years. d) All the consultants assigned by the tenderer to Eurojust projects must be in possession of a clearance from a recognised Member State National Security Agency (NSA) at least EU SECRET level or above for the duration of the Contract. The original document must be provided upon request, or a statement that they hold such a clearance and indicating its validity period or that they are prepared to take the necessary security measures to obtain such a clearance. At tendering stage, the tenderers must either provide a copy of the security clearance certification or other proof/confirmation of it or a signed statement that they are prepared to take the necessary security measures to obtain such a clearance (Annex H). The award of the contract shall be conditional upon the compliance with the security clearance requirements, i.e. at the contract signature (contract signature expected in Q3 - Q4 2012) all the consultants assigned by the tenderer to Eurojust projects must be in possession of a clearance from a recognised Member State National Security Agency (NSA) at least EU SECRET level or above. Should the tender s consultants be refused the security clearance or not obtain the security clearance within 1 (one) month from the date of contract award notification (in case the one-month period is shorter than the official period provided for in the respective Member State, it may be prolonged upon presentation of documentary proof by the tenderer, clearly stating what the official period is), the contract award to such tenderer will be cancelled and the contract will be awarded to the next ranked successful tenderer. Documents to be provided: a brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications; a detailed list of the main contracts implemented in the past 3 (three) years covering similar kind of services as requested in these Tender Specifications, specifying the values, dates and recipients of the services provided, and the tasks performed by the tenderer; a statement on the tenderer s average annual manpower, detailing the number of managerial staff and the pool of experts assigned to the fields of the services similar to those required in these Tender Specifications over the past 3 (three) years; 2012/EJ/82 18

19 Curricula Vitae of tenderer`s consultants for each profile (as a minimum 3 (1 for each profile) + 1 back up to reach the required minimum in Section B.5.2.c above) meeting the requirements specified in Section B.1.2. [Requirements], including compliance with the requirement defined in Section B c) above (enclosed copy of security clearance or other proof/confirmation of it or a signed statement (Annex H) in original). B ECONOMIC AND FINANCIAL CAPACITY Selection criteria: You as the tenderer - must prove that you are in a stable financial position and you have the financial capacity to provide the required services. Documents to be provided: Copies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established; The Financial Capacity Form (Annex E) duly filled in and signed by a legal representative of the tenderer or its auditors. In case the tenderer is not able to provide the foregoing documents at the tender stage, e.g. if publication of these is not required under the company law of the country in which the economic operator is established etc., other documentation, proving the stable financial position may be acceptable. Such other proof may be a letter/statement by certified auditors confirming the required financial data or the financial stability of the respective economic operator. B LEGAL CAPACITY Selection criteria: You as the tenderer - must prove that you are authorised to perform the Contract under national law. Documents to be provided: a certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register. B.5.3. IMPORTANT NOTE The abovementioned documentation concerning exclusion and selection criteria (Sections B.5.1 and B.5.2) must specifically relate to the tenderer, i.e., to the company submitting a tender in the framework of this procurement procedure. 2012/EJ/82 19

20 In case of a joint offer submitted by a consortium, the tenderer shall provide the information and documentation listed in Section E.1.2, in compliance with the terms and conditions specified in Section E.1. In case of subcontracting, the tenderer shall provide the information and documentation listed in Section E.2.2, in compliance with the terms and conditions specified in Section E.2. B.6. AWARD CRITERIA Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender. Only tenders offering all of the main projects/services specified under Section B shall be evaluated against the award criteria. Non-compliance with the requirements of Section B of these Tender Specifications shall lead to rejection of the tender. The following award criteria will be applied: Qualitative award criteria 1 Understanding Eurojust s needs (min. 24 points max 40 points) Minimum points to be achieved to pass the quality threshold Maximum points The tenders will be evaluated based on the Tenderer s understanding of the contract s objectives and purposes, of Eurojust s need for PROVISION OF ICT SECURITY AND BUSINESS CONTINUITY SERVICES FOR THE NEW PREMISES OF EUROJUST. The Tenderers have to provide at least: A short opinion of Eurojust needs and the way they should be addressed (as per tenderer s vision). An opinion on the key issues related to the successful delivery of the advisory services and a short description of how the issues should be tackled. An explanation of the risks and assumptions affecting the execution of the contract. 2 ICT Security framework management development and review /EJ/82 20

21 Qualitative award criteria (min 8 points max 14 points) The tenders will be evaluated based on the Tender s approach in developing and reviewing the ICT Security Management Framework. The tenders have to present the process of developing and reviewing the ICT Secuirty management framework and operational and technical ICT security requirements. The tenders have to also provide at least: An outline of the approach proposed for contract implementation. Minimum points to be achieved to pass the quality threshold 3 Maximum points 5 A list of the proposed activities considered to be necessary to achieve the contract objectives. 3 5 The related inputs and outputs. 3 Business Continuity Management (min 7 points max 13 points) The tenders will be evaluated based on the proposed approach in advisory services regarding the Business Continuity Planning management framework implementation. The tenders have to also provide at least: An outline of the approach proposed for contract implementation A list of the proposed activities considered to be necessary to achieve the contract objectives. 2 4 The related inputs and outputs. 4 Penetration testing (min 7 points max 13 points) The tenders will be evaluated based on the approach how they are aiming to advise Eurojust in conducting penetration tests in order to ensure state-of-the-art and efficient ICT security controls at Eurojust computing perimeter. 5 Project management /EJ/82 21

22 Qualitative award criteria (min 12 points max 20 points) The tenders will be evaluated based on the Tenderer s Project management. Tenders should present at least the following elements of the service delivery projects: Planning Communication with the client and reporting Monitoring the service delivery process Quality assurance In the case of a tender being submitted by a consortium, the tenderer has to provide a description of the input from each of the consortium members and the distribution and interaction of tasks and responsibilities between them In case of sub-contracting the tenderer has to provide a description of sub-contracting arrangements foreseen, if any, with a clear indication of the tasks that will be entrusted to a sub-contractor and a statement by the tenderer guaranteeing the eligibility of any sub-contractor. Total Points for qualitative award criteria (Quality Points) Minimum points to be achieved to pass the quality threshold Maximum points Candidates scoring less than the Minimum points to be achieved to pass the quality threshold for a single quality sub-criterion or as a total will be excluded from the rest of the evaluation procedure. Price award criterion The total price (Price) will be equal to the Total Value of the Contract for 3 years as per the Financial Proposal, Scenario for Financial Evaluation Part I of the Pricing Form (Annex B). The contract will be awarded to the tender which is the most cost-effective (offers the best value for money, i.e. has highest final score) on the basis of the ratio between the total points scored for quality and the total price. 2012/EJ/82 22

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