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Usluge - 183507-2015

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28/05/2015    S101

Belgium-Brussels: Facilitating cross-border data flow in the digital single market: study on data location restrictions — SMART 2015/0054

2015/S 101-183507

Contract notice


Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Official name: European Commission, Directorate-General for Communications Networks, Content and Technology, Directorate E: Net Futures, Unit E.2 — Software and Services, Cloud
Postal address: BU 25 04/118
Town: Brussels
Postal code: 1049
Country: Belgium
Contact person: Central Financial Unit
For the attention of: Pearse O'Donohue
Telephone: +32 22991280

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

Electronic access to information:

Further information can be obtained from:
The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
The above mentioned contact point(s)

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1.1)Title attributed to the contract by the contracting authority:
Facilitating cross-border data flow in the digital single market: study on data location restrictions — SMART 2015/0054.
II.1.2)Type of contract and location of works, place of delivery or of performance
Service category No 11: Management consulting services [6] and related services
Main site or location of works, place of delivery or of performance: Contractor's premises.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
1. The main objective of the study is to analyse legal and non-legal barriers in Member State practices which hinder the free flow of data within the European Union in order to contribute to the sustainable development of a digital single market.
2. The study will elaborate a methodology which will review and map compliance obligations set out in various levels (i.e. legal acts issued at different levels, etc.) within the European Union (in all 28 Member States).
3. The study will provide an analytical framework that allows for the definition of various concepts of barriers to the free flow of data (A. compliance obligations such as A.1 direct barriers and A.2 indirect barriers and B. requirements not related to a compliance obligation such as user preferences e.g. sentiments and fears towards cloud computing (cloud adoption)).
4. The analytical framework should also be complemented with examples from Member States that should be identified in (i) different sectors in order to determine where they are frequently used and classified against; (ii) data types; (iii) the type and level of legislative documents which set them out.
5. The study will also examine a common understanding of data requirements in Member States in order to determine to which type of data these requirements are usually referred to and understand their required assurances from legal, technological and enforcement perspectives.
6. The study will analyse and provide quantitative estimates of the barriers of cloud computing identified in Member States such as formal requirements (i.e. data location restrictions) and the cost and benefits due to the transition from formal to functional requirements (i.e. access to data for audit purposes or application of sufficient security measures, etc.).
7. Recommend functional requirements (e.g. security measures) which could replace formal requirements (such as data location requirements) in order to facilitate cross-border data flow.
8. The study will provide recommendations on new policy concepts to facilitate cross-border data flow in the European Union.
II.1.6)Common procurement vocabulary (CPV)

73210000 Research consultancy services, 79419000 Evaluation consultancy services

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
This contract is divided into lots: no
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Maximum value of 140 000 EUR.
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 16 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
See tender specifications and model service contract.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
See tender specifications and model service contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: See tender specifications.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: See tender specifications.
Minimum level(s) of standards possibly required: See tender specifications.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
See tender specifications.
Minimum level(s) of standards possibly required:
See tender specifications.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: yes

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
SMART 2015/0054.
IV.3.2)Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2015/S 2-001300 of 3.1.2015

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
17.7.2015 - 16:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 9 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tenders
Date: 31.7.2015 - 10:00


avenue de Beaulieu, BU 25 0/S10.

Persons authorised to be present at the opening of tenders: yes

Additional information about authorised persons and opening procedure: 1 authorised representative of each tenderer may attend the opening of the tenders. Tenderers who wish to attend the opening session have to inform Mr Fernando Castellón by e-mail: or letter at least 48 hours in advance.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: yes

Reference to project(s) and/or programme(s):

VI.3)Additional information
Tender documents will be available for download at the address indicated under heading I.1. The website will be updated regularly and it is the tenderers' responsibility to check for updates and modifications during the tendering period.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: General Court
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address:

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Within 2 months of the notification to the plaintiff, or, in absence thereof, of the day on which it came to the knowledge of the plaintiff. A complaint to the European Ombudsman does not have as an effect either to suspend this period or to open a new period for lodging appeals.
VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: European Commission, DG Communications Networks, Content and Technology, Unit R2 — Finance, attention: Marie-Christine Laffineur
Postal address: office BU25 04/024
Town: Brussels
Postal code: 1049
Country: Belgium
Internet address:

VI.5)Date of dispatch of this notice: