Call for tenders' details

ICT Consultancy
Contracting authority:
European Securities and Markets Authority (ESMA)
TED publication date:
Time limit for receipt of tenders:
Cancelled after publication
English (en)
Question details
Section 4.3.3 – criterion 3 – EU member states
The answer to question 9 states the following: “The tenderer must be able to provide evidences for 10 contracts. The tenderer must choose and name three member states and each of those contracts must cover one of those member states.” 1. We kindly ask you to verify the lawfulness of this criterion. Our view is that this criterion is not in line with the applicable EU laws. Tenderers must be free to decide which previous references they will use to demonstrate their experience. In doing so, they must be able to consider the European internal market as a whole, without national barriers. Could you please remove / modify this requirement, or provide justifications? 2. Framework contracts awarded by the European Commission or European institutions often require that ICT services are provided in more than one member states (often in more than three). We understand that such framework contracts are eligible as regards Criterion 3 of section 4.3.3, as long as services were provided in at least one of the selected member states. Is this correct?
Please see modified version of the Tender specifications as published on 23/3/2018.