Procedure to be applied:
The procurement for the contract will be conducted in accordance with ECMWF's procedures as set out in 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.
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 following the EU Space Regulation is 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 Q2 2021.
According to the prospective Contribution Agreement between the European Union and ECMWF, participation in calls for tenders shall preferably be open to entities established in Member States of the European Union and to entities established in Copernicus participating states in accordance with the conditions laid down in the EU’s Space Programme Regulation. The Regulation can be found at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2021.170.01.0069.01.ENG&toc=OJ%3AL%3A2021%3A170%3AFULL
It is currently ECMWF’s expectation that, in practice, entities established in other States may therefore be eligible exceptionally and subject to specific scientific or other requirements as well as express prior approval by an EU Procurement Board. This applies to both prime and sub-contractors. Accordingly, ECMWF is required to reserve the right to exclude ineligible persons or entities from tenders at any point in time. All tenderers as well as their sub-contractors must meet all eligibility criteria throughout the whole duration of the procurement exercise as well as their prospective contracts.
Eligibility of United Kingdom (UK) entities:
The above applies also to entities based in the UK. At present, the UK is neither an EU Member State nor participating in the EU Space Programme. However, the UK and the European Union agreed — in principle — that the UK may continue participating in, among others, the Copernicus component of the EU Space Programme as a third country for the period of 2021-2027. Detailed conditions for such a participation will require further negotiations between the UK and the European Union. 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
ECMWF will publish relevant updates in this regard once they are available.