Section 4.3.4 Technical and Professional capacity riteria and evidence, Criterion 6: Capacity to obtain access to data and permission of owners.
1. We know that several consortia are interested to tender for this project, including our consortium. However these consortia know that they will compete against an established consortium, including governmental hydrographic bodies. A case which gives a strong impression of a monopoly situation and unequal competition. Therefore these consortia, including ours, will not tender because our observation is that the alacrity of these hydrographical public bodies are much lower and our chance of winning the bid with an excellent proposal is too low. This looks like unfair competition and the chances that the EU will get a good selection of proposals to make a choice is also very limited, which is not the ultimate goal of such EU- tenders. Is EASME aware of this situation? 2. Why do we need letter of commitment from public bodies to deliver data, if the designated data are publically available? 3. The public bodies, which have to deliver the letters of commitment to deliver data, have joined up in a consortium. If they have to deliver a letter of commitment to a competing consortium, they have a conflict of interest. This will cause hesitation of the public bodies to deliver a letter of commitment to competing consortia. How is EASME dealing with this?
1. This procurement procedure is open on equal terms to all potential tenderers whose participation is allowed in accordance to section 3.1 of the tender specifications. All tenders received will be evaluated on the basis of the provisions established in section 4 of the tender specifications following the principle of equal treatment. 2. If the data are publicly available, then a declaration from the provider that this is the case will be sufficient. But this call for tenders asks for higher resolution data than were available before and, in general, these are not publicly available. The whole point of this tender is to bring these data into the public domain. Without a declaration from the provider, we cannot guarantee that this will happen. 3. Tenderers are requested to provide signed authorisations from the wide choice of data owners available, as this is essential to guarantee the viability of the project. In this regard EASME is only concerned that those who bid for this contract have the technical capacity to deliver the services requested.