Call for tenders' details
Status
Submission date
12/09/2018
Answer date
14/09/2018
Language
Status
Answered
Question details
Subject
Lot 7 Case Study #3 (hereafter 'CS3'), Answer #251, scope of the solution
Question
(I) According to the Q&A #251 “The implementation of the solution is included in the scope but not the deployment”. (II) However: (1) CS3 stipulates (emphasis added): “The tenderer has to DEFINE a stable and reliable solution to get applications highly resilient”; (2) the Lot 7 Services Description (pp 13-15, Part A of the Technical Specifications), provide an exhaustive description of the Lot 7 tasks, from which emerges that there is clear distinction between (i) “DEFINITION” tasks and (ii) “INSTALLATION” and “DEPLOYMENT” tasks. For instance, Part A stipulates (emphasis added): (a) “Control and follow-up assignments, in particular during DEPLOYMENT of telecom infrastructures”, (b) “DEFINITION, IMPLEMENTATION and management of ICT architecture. … DEFINITION and management of ICT standard, procedures and guidelines… IMPLEMENTATION of advanced architecture for enterprise resource planning SOLUTION … Testing, inspection and quality assurance during DEPLOYMENT”. Reading the above-excerpt of the CS3 in CONJUNCTION with Part A of the Tender Specifications, the inescapable conclusion is that – in so far the part of the Q&A #251 “implementation of the solution” is concerned – the inclusion of “implementation of the solution” in the CS3 scope RUNS CONTRARY to the Tender Specifications. (III) Because this is an ESSENTIAL MODIFICATION of the CS3 that the Contracting Authority effected through a Q&A clarification released 10 calendar days prior to the submission deadline, it follows therefore the part of Q&A #251 “implementation of the solution” is not conformant with the Financial Regulation No 996/2012 (as amended), the Commission Regulation No 1268/2012 (as amended), and the case law of the Court of Justice. (IV) In conclusion, and having regard to the above extensive analysis, please clarify whether the Contracting Authority will: (a) amend as necessary c #251, or (b) having due regard to the EU law extend the Lot 7 submission deadline as the Authority sees fit.
Answer
14/09/2018
The Case Study 3 is purely done for evaluation and doesn't reflect the reality in the EP's Environment. Your proposed solution will be evaluated based on criteria listed in CS3. This remark can't justify an extension to the deadline.