Call for tenders' details

Title:
Framework Contract for the Provision of Mobile Telephony Services
Contracting authority:
European Border and Coast Guard Agency (Frontex)
TED publication date:
28/01/2021
Time limit for receipt of tenders:
16/03/2021
Status:
Closed
Status
05/03/2021
10/03/2021
English (en)
Question details
Anex IV, 4.1.4
Dear Sirs or Madam, we still haven't got an answer to our question of the day 23/02/2021. It's impossible to compile business contracts for the indicated number of cards, large contracts cover several hundred or several thousand activations, not millions. contracts with natural persons constitute a significant part of activation. With respect to the requirement included in point 4.1.4 Annex IV, stating that the contractor is to provide a list of contracts including minimum 5 million active SIM cards (in total), the contractor requests modification or resignation from the respective requirement. The contractor points out that the respective requirement: 1) Is inadequate and disproportional in the context of the scope of the tender; 2) Competes with a separate requirement that was settled in the tender procedure and refers to the contractor’s experience, which must be proved by providing references; 3) Obliges the contractor to provide a list of entities to which the contractor provides telecommunication services. This can cause a breach of commonly applicable law concerning: business secret (in the meaning as defined in article 2 section 11 of the act against unfair competition), telecommunication privacy (article 159 of telecommunications act) and personal data protection law; The contractor points out that it’s not possible to share such extensive information. Revealing a list of customers requires the contractor to obtain a number of consents from the given entities, while respecting their right to refuse. At the same time, the contractor highlights that the contracting authority can find information regarding the contractors’, which are taking part in this tender procedure, share in the market of mobile services, based on publicly available reports: uke.gov.pl/akt/raport-o-stanie-rynku-telekomunikacyjnego-w-2019-r-,345.html Taking all the above into account, I submit as in the beginning.
10/03/2021
Frontex reiterates requirement provided in point III.4.3 (A) (4) of Annex I (also indicated in 4.1.4 Annex IV) stating: The tenderer shall currently provide services to minimum 5 million active SIM cards. The Contracting Authority does not agree with the contractors observations that the respective requirement: 1) Is inadequate and disproportional in the context of the scope of the tender; 2) Competes with a separate requirement that was settled in the tender procedure and refers to the contractor’s experience, which must be proved by providing references. However, the Contracting Authority agrees that evidence required for III.4.3 (A) (4) of Annex I requirement could be disproportional in the context of the scope of the tender. Therefore, the evidence required for this requirement iundicated in point III.4.3 (A) (4) of Annex I has been changed as follow: The tenderer shall currently provide services to minimum 5 million active SIM cards. The number of currently active SIM cards shall be declared by the tenderer in accordance with declaration form provided in Annex IV-Tenderer's Submission Form. The number of currently active SIM is only applicable to the ongoing contracts. The updated Annex I and Annex IV have been added to the Tender documentation named as: Annex VI - Financial Proposal Form ver.2 and replaced the previous versions of the document. OP748 Annex I - Tender Specification ver.4 OP748 Annex IV-Tenderer's Submission Form ver.4