Procedure to be applied:
The procurement for the contract will be conducted in accordance with ECMWF's procedures as set out in ECMWF's Invitation to Tender documents, which will be available on ECMWF's eProcurement Portal (http://procurement.ecmwf.int/) and no other procedures will apply. In submitting this notice ECMWF does not waive the privileges and immunities granted to it by virtue of its status as an intergovernmental organisation or submit itself to any jurisdiction. Tenders must be submitted using ECMWF's eProcurement Portal. Hard copy (paper) submissions will not be accepted.
ECMWF will only enter into a contract with a single legal person/entity. Due to the need to include performance and compliance obligations in the contract, ECMWF will contract only with a single legal person or entity which is competent to undertake and commit to these obligations. ECMWF recognises that some bids will involve a number of organisations which may wish to work together to deliver the contract requirements. In such cases, these organisations must identify a lead contractor who will sign the contract with ECMWF and who will be responsible for putting in place legal arrangements to ensure that it can guarantee that all other organisations will also meet the contract obligations. ECMWF will not enter into multiple contracts with individual members of consortia or groups of service providers.
Availability of funds:
The basis for ECMWF’s ability to implement the Copernicus Atmosphere Monitoring and Climate Change Monitoring Services on behalf of the European Commission is the conclusion of a ‘Contribution Agreement’ between the European Union and ECMWF. The negotiations are currently ongoing. They can only be concluded once the EU Space Regulation has been enacted by the European Union. Suppliers should note that the award of a contract as a result of this procurement procedure will therefore be conditional on the availability of funds following the signature and subsequent formal approval of the ‘Contribution Agreement’ by the ECMWF Council. This approval is currently expected for Q1 or Q2 2021.
Presently, ECMWF will consider all tenders submitted by persons or entities based or registered in a Member State of the EU or in a Member State of ECMWF. However, it is presently uncertain which of ECMWF’s Member States, that are not also EU Member States, will eventually be eligible under the EU Space Regulation. This may affect the ability of persons based or registered in such States to participate further in tenders, be it as prime or sub-contractor. ECMWF is therefore required to reserve the right to exclude ineligible persons or entities from tenders at any point in time. All tenderers must meet all eligibility criteria throughout the whole duration of the procurement exercise as well as their prospective contracts.
Eligibility of UK entities:
The United Kingdom and the European Union agreed — in principle — that the United Kingdom may continue participating in, among others, the Copernicus component of the EU Space Programme as a third country for the period of 2021-2027. However, detailed conditions for such a participation will require further negotiations between the United Kingdom and the European Union. These negotiations are currently expected to commence after the participation of the United Kingdom in Copernicus has been established in accordance with EU Space Regulation. According to the Government of the United Kingdom, this is currently expected to happen in Q1 of 2021. Please note, however, that the United Kingdom has reserved the right to reconsider participation following the finalisation of the EU Space Regulation. Further information may be found in the following link of the UK Government, for the accuracy of which ECMWF will not assume any liability: https://www.gov.uk/guidance/uk-involvement-in-the-eu-space-programme.