Call for tenders' details

²DIGIT/A3/PO/2017/023 – Software for Innovation, Diversity and Evolution II (SID...
Contracting authority:
European Commission, DG Informatics (DIGIT)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Annex 2 – Financial model
Purchasing prices of software licenses might differ based on the partner status and certification level of the reseller. However the pricing model of Annex 2 with an uplift only, penalizes resellers who manage to maintain cheap purchasing conditions for their customers. E.g. company A buys at 100 € and applies an uplift of 5% (EUI price = 105 €) and company B buys at 110 € but only applies 4% uplift (EUI price = 114,40 €). Still company B wins even though the EUI pay more. Can you please elaborate how this issue will be tackled by DIGIT?"
Via criterion T2 (see Tendering specs §4.3.3), the contracting authority has requested a minimum level of capacity, including information on partnership agreements and awarded vendor accreditations. It is understood that certification levels may differ between tenderers and that they may vary in time. While your point is valid, including the ISV price in the financial model for the call for tenders could also be deceiving, as it would create the impression that the ISV pricing is stable, whereas the ISV pricing and product definitions are very volatile in practice. Therefore, the Commission opted for a dynamic approach, including the possibility to reopen competition, and to conclude enterprise license agreements with the ISVs. Once the contracting authority concludes an enterprise license agreement (ELA) with a particular ISV and reopens to select a reseller for that ISV, the purchase price for EUI are determined by the ELA conditions in combination with the uplifts offered in the context of that reopening. In large Groups like U and P, which are composed of many ISVs, there is an averaging effect, since Company B will typically not have the highest buying price and the lowest uplift for every ISV in such large groups, thereby mitigating the concern described above. The contracting authority reserves the right to reopen “Group P” or “Group U” after the initial award, in case it sees a valid business reason to do that. In addition, a SAM tool could create a centralized view on this issue and will allow DIGIT to act accordingly.