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
Internal costs
In 3.12.1. Timelines of service ordering procedure, row 3 (page 15 of the Tender Specifications) we read that “with each CV must come a confirmation of the financial proposal. This includes: confirmed rate and level (Senior or Junior), the internal cost in case of an employee, the confirmation of subcontractors and their rates, and the final daily rate to the consultant or freelancer.” Internal cost of the employee, subcontractor rates and final daily rate to consultant or freelancer contain sensitive commercial information which may harm free competition if disclosed. Tenderers must be free to define their pricing policy and to negotiate compensation schemes with their experts / employees on a case by case basis. At the same time, such information is also of a private character, concerning individuals. Moreover, the requested information can be provided proactively in the form of an average (as requested in par. 4.3, p. 25 “… tenderers are requested to provide their pricing methodology in a separate price structure document …”. However, such information cannot be disclosed up front for any employee or freelancer, since many elements can change in the course of his mission (marital status, number of children, benefits, bonuses and incentive schemes, etc.). We kindly ask you to verify the lawfulness of this criterion. Please confirm that this requirement is not in contradiction to the applicable free and fair competition legislation. Please eliminate this requirement. If not, please clarify whether there is any requirement imposed by the law (French law or EU law) requesting disclosure of such information.
Compliance with applicable social and labour law obligations established by Union law, national legislation, collective agreements or the international environmental, social and labour conventions listed in Annex X to Directive 2014/24/EU is the obligatory minimum requirement on tenders (Art. 105 FR). As stated in Art. 4.3.5 of the Tender specifications, tenderers are requested to provide their pricing methodology in a separate price structure document attached to the financial proposal. Please note that this document should demonstrate the compliance of the daily prices with the laws of the country in which the services are to be performed, for minimum levels of staff remuneration, contributions to the social security, occupational safety and health standards, and/or other applicable schemes and standards. Provision of information as described in your question allows continous verification of such compliance during implementation of the framework contracts. This information definitely will not be divulged to the third parties and will be protected in accordance with applicable legal rules.