Call for tenders' details

Media monitoring and analysis services for Denmark.
Contracting authority:
European Parliament, DG Communication (COMM)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
According to question number 16 all sources mentioned in Annex 1-a are mandatory to monitor. However, the method used it requires some sort of agreement to monitor. Only one company fulfill this requirement, which is the existing supplier. According to the procurements principles of EU it follows from the proportionality principle that a tender must not contain requirements that are unnecessary for the procurement in question. The list of sources as specified in Annex 1-a contain more than 300 sources. We find in order for both the equal treatment principle and the proportionality principle to be met, that mandatory requirements that consists of the existing bidders sourcelist, and where only the existing bidder fulfill the requirements must be changed. E.g., the mandatory source list could be changed to consist only of the core sources or a new list where you have researched and found more than the existing bidder fulfill the requirement. We find according to the equal treatment principle that you are obliged to change requirement, as it is a requirement considered to be easily changed. Besides the tender could easily be changed that way, that covering more (relevant) sources than the cores sources could be evaluated by points in order for the bidder with the best coverage of relevant sources to obtain more points, without discriminating other bidders for them to be disqualified. Will you change the requirement, knowing that only the existing supplier fulfill the requirement? If you choose not to change this requirement, will you kindly describe how you believe that these requirements in the tender live up to the mentioned principles of equal treatment and proportionality? We would kindly ask you answer both these questions directly without only referring to previously asked questions, as we do not find that these answers take in to account that the tender are breaching the mentioned principles of EU procurement.
The requirements of the call for tender are not in breach of the principles of equal treatment and proportionality. Therefore, they will not be changed. The list of sources has been selected based on the importance of each source on the national media. The core sources were selected based on the readership values for print and market share for TV and they scored the highest in ranking therefore they cannot be changed. The selection was not done regarding the copyrights policies of the sources or other aspects.