Call for tenders' details

Tenderers are requested to note that the closing date for submission of tenders has been extended to 03/07/2020 at 12:00 and the opening of tenders will now take place on 06/07/2020 at 14:00.
Provision of External Service Providers for IT Software Development, Implementat...
Contracting authority:
European Medicines Agency (EMA)
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
Bidding Entity
Our understanding from the previous clarification is that the Companies based in third countries (i.e. USA) are eligible to participate in this tender. We have an office in the United Kingdom and in the Netherlands. Since the Netherlands office is opened recently it does not qualify the financial criteria. In this case, could you please advice, if we can bid from the Netherlands entity and show the financial strength of the group to fulfill this criterion. Alternatively, are we allowed to bid from our UK entity?
Tenderer to note the following: Participation in procurement procedures is open on equal terms to all natural and legal persons falling within the scope of the Treaties. This includes all legal entities registered in the EU and all natural persons having their domicile in the EU. Participation is also open to all natural and legal persons registered or having their domicile in a non-EU country which has an agreement with the European Union in the field of public procurement on the conditions laid down in that agreement. The rules of access to the market do not apply to subcontractors. The procurement procedures of the Agency are not however open to tenderers from countries which have ratified the Multilateral Agreement on Government Procurement (“GPA”). In the view of the scenario of the question raised by the tenderer: a.) Cooperation between the EU and the U.S. in public procurement is governed under the GPA. The Agency is not part of the GPA, therefore a U.S. entity does not have access to procurement procedure of the Agency. b.) Netherland or UK based entities indeed have access to procurement procedures of the Agency. c.) Tenderer may rely on another entity’s capacity in order to demonstrate meeting selection criteria. This other entity – if not related to the tenderer shall be either a partner within joint tender (consortium) or a subcontractor (with all consequences thereof). If the said entity is related to the tenderer (e.g. being the tenderer’s parent company or sister company), the letter of intent provided by this entity shall be deemed sufficient.