Call for tenders' details

Trans-European Services for Telematics between Administrations (TESTA)
Contracting authority:
European Commission, DG Informatics (DIGIT)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Question regarding acceptance
In order for the contracting entity (that which holds the required licenses for the services in scope) to meet the minimum financial criteria it may be necessary to rely on the “financial and economic capacity” of a non-contracting entity. This is set out in “Annex 5.2. Commitment letter by an entity on whose capacities is being relied”. We interpret this to mean that the entity relied upon could be another member within our group structure or could be, for example, a bank. 1. Would a bank guarantee be acceptable in these circumstances? 2. Alternatively, could we demonstrate where the contracting entity sits within our group structure, with the implicit support of that group?
The Contracting Authority does not confirm your interpretations. The Contracting authority confirms that the entity relied upon can be another member within the same group of companies, or any other undertaking, including a bank. As stipulated in Section 2.4.3 of the Tender Specifications, that other entity may be required by the Contracting authority “to sign the contract or, alternatively, to provide a joint and several first-call financial guarantee for the performance of the contract”. The Contracting authority affirms that a commitment letter (model in Annex 5.2 to the Tender Specifications) is required and must be submitted in ALL cases. The “implicit support” of the group is NOT a sufficient means to demonstrate the commitment. A bank guarantee is not relevant for the purpose of demonstrating financial capacity. The other entity may be requested to be held jointly liable for the performance of the contract (please also refer to Point 18.6(3) of Annex I to the Financial Regulation): a bank guarantee (with a fixed maximum amount) does not result in such joint liability.