Dettagli del bando di gara
Stato
Data di presentazione
10/01/2019
Data della risposta
14/01/2019
Lingua
Stato
Risposto
Dettagli della domanda
Oggetto
HOME/2019/ISFX/PR/AUDI/0001 - Clarification request
Domanda
On page 31 of the tender specifications, it is stated that each bidder must provide a “minimum of 5 references in the area of justice, consumer rights and/or gender equality and a minimum of 5 references in the area of legal and irregular migration, integration, readmission, return, asylum, borders management, security, fight against organised crime, terrorism, cybercrime, human trafficking, prevention of radicalisation, police cooperation.” Such experience must also all be within the immediate 4 previous calendar years. This requirement is extremely prescriptive and potentially restrictive as to who may or may not be able to bid for this contract. Whilst, we can understand that prior knowledge and experience could be beneficial or advantageous, of its own it is no guarantor of quality or performance. Neither is it correct or fair to say that any bidder with no such specific experience could not reasonably and quickly get themselves up to speed with the specific programme intricacies and provide a high quality service, especially if they have relevant similar experience of other EU programmes (with similar contractual rules and requirements) as well as the specific types of programme management arrangements. Given all of this, and after further consideration, would the Contracting Authority be willing and able to amend its requirements here so as to enable a greater degree of competition and opportunity for it to obtain the best value for money bid for the services requested?
Risposta
14/01/2019
The Contracting Authority does not consider the requirement neither prescriptive nor restrictive, since as stated on p. 29 under point 4.2: “The tenderer may rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal (…)”