Supplies - 23694-2021

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18/01/2021    S11

Germany-Munich: Database software package

2021/S 011-023694

Contract notice

Supplies

Directive 2009/81/EC

Section I: Contracting authority/entity

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

Official name: Bayerisches Landeskriminalamt
Postal address: Maillingerstraße 15
Town: München
Postal code: 80636
Country: Germany
E-mail: blka.sg124.ausschreibungen@polizei.bayern.de
Fax: +49 8912122879

Internet address(es):

General address of the contracting authority/entity: http://www.polizei.bayern.de

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
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Public order and safety
I.4)Contract award on behalf of other contracting authorities/entities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Official name: Bundesministerium des Innern, für Bau und Heimat
Postal address: Alt-Moabit 140
Town: Berlin
Postal code: 10557
Country: Germany

Official name: Bundesministerium der Finanzen
Postal address: Wilhelmstraße 97
Town: Berlin
Postal code: 10117
Country: Germany

Official name: Ministerium für Inneres, Digitalisierung und Migration Baden-Württemberg
Postal address: Willy-Brandt-Straße 41
Town: Stuttgart
Postal code: 70173
Country: Germany

Official name: Berliner Senatsverwaltung für Inneres und Sport
Postal address: Klosterstraße 47
Town: Berlin
Postal code: 10179
Country: Germany

Official name: Ministerium des Innern und für Kommunales des Landes Brandenburg
Postal address: Postfach 601165
Town: Potsdam
Postal code: 14411
Country: Germany

Official name: Der Senator für Inneres der Freien Hansestadt Bremen
Postal address: Contrescarpe 22-24
Town: Bremen
Postal code: 28203
Country: Germany

Official name: Behörde für Inneres und Sport der Freien und Hansestadt Hamburg
Postal address: Johanniswall 4
Town: Hamburg
Postal code: 20095
Country: Germany

Official name: Hessisches Ministerium des Innern und für Sport
Postal address: Postfach 31 67
Town: Wiesbaden
Postal code: 65021
Country: Germany

Official name: Ministerium für Inneres und Europa Mecklenburg-Vorpommern
Postal address: Alexandrinenstraße 1
Town: Schwerin
Postal code: 19055
Country: Germany

Official name: Niedersächsisches Ministerium für Inneres und Sport
Postal address: Lavesallee 6
Town: Hannover
Postal code: 30169
Country: Germany

Official name: Ministerium des Innern des Landes Nordrhein-Westfalen
Postal address: Friedrichstraße 62-80
Town: Düsseldorf
Postal code: 40217
Country: Germany

Official name: Ministerium des Innern und für Sport des Landes Rheinland-Pfalz
Postal address: Schillerplatz 3-5
Town: Mainz
Postal code: 55116
Country: Germany

Official name: Saarländisches Ministerium für Inneres, Bauen und Sport
Postal address: Franz-Josef-Röder-Straße 21
Town: Saarbrücken
Postal code: 66119
Country: Germany

Official name: Sächsisches Staatsministerium des Innern
Postal address: Wilhelm-Buck-Straße 2
Town: Dresden
Postal code: 01097
Country: Germany

Official name: Ministerium für Inneres und Sport des Landes Sachsen-Anhalt
Postal address: Halberstädter Str. 2
Town: Magdeburg
Postal code: 39112
Country: Germany

Official name: Innenministerium des Landes Schleswig-Holstein
Postal address: Düsternbrooker Weg 92
Town: Kiel
Postal code: 24105
Country: Germany

Official name: Thüringer Ministerium für Inneres und Kommunales
Postal address: Steigerstraße 24
Town: Erfurt
Postal code: 99096
Country: Germany

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Procurement of a cross-procedural research and analysis platform (Vera) for the Bavarian police (primary contracting authority) and the non-binding retrieval option under the framework agreement for the police forces of the Länder of Baden-Württemberg, Berlin, Brandenburg, Free Hansestadt Bremen, Free and Hansestadt Hamburg, Hessen, Mecklenburg-Vorpommern, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, the Federal Police Authorities, as well as the Federal Ministry of Finance (the Federal Ministry of Finance) and the Federal Ministry of Police (Federal Ministry of Food and Agriculture) for the Federal Ministry of Agriculture and the Federal Ministry of Police (the Federal Ministry of Police) for the Federal Ministry of Police (BIPs) and the Federal Police Office for the Federal Customs Authorities, Thuringia, Thuringia and Thuringia
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies

NUTS code DE2 BAYERN

II.1.3)Information on framework agreement
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator

Duration of the framework agreement

Duration in months: 60
II.1.5)Short description of the contract or purchase(s):
Simultaneous, rights-based and transversal analysis and research in the various databases of the police is of enormous importance for the prevention and combating of crime, in particular for the investigation and detection of facts relevant to criminal law and the prevention of threats on common structures, patterns of action, groups of persons and temporal, factual, organisational, personal and situation relationships.
There is therefore an intention to acquire a transversal research and analysis platform (Vera) based on state-of-the-art technology. The core competence of this system Vera is direct access, pooling and analysis of data from different sources. The system must be able to process both existing police databases and external data sources. Other features of the system in question include, in particular, the comparison of internal and external, structured and unstructured data sets to identify links within the analysis software, the carrying out of geographical analyses within the system, and the visualisation and export (with source data) of search results and links between objects. The system must also provide logging functions, in particular that the whole process, including all processing steps, data fusion methodology, data processing steps and reporting, can be traced individually to a user and can be traced/explained in court.
The Vera system must comply with the applicable legal provisions, in particular data protection legislation. It must be technically further developed and adaptable in order to be able to implement future technical and legal changes. The aim is to obtain a sufficiently dimensioned, scalable vera for an unlimited number of users, capable of operating on a permanent basis with ever-growing data volumes.
Procurement essentially involves the purchase of a market tested system (standard software) for cross-database analysis and research, which can be installed in an existing IT environment (hardware, software, network).
For the primary contracting authority of Bavaria, the Vera system is to be delivered immediately after the conclusion of the framework agreement (award of the contract) under an EVB-IT system contract to be concluded and implemented into the existing IT architecture of the Bavarian police and to provide training services. After acceptance of the system, the system service for operation (hardware maintenance, software maintenance, operational monitoring, support) shall be provided.
For the secondary contracting authority, the Federal Government must supply, install and integrate the standard software of the Vera system (as part of an EVB-IT system contract to be concluded) in the event of (unavailability) on-demand, as well as training services and system services after acceptance.
For the other secondary contracting authorities (Länder), the standard software of the Vera system (under an EVB-IT contract to be concluded), as well as software maintenance services (under an EVB-IT maintenance contract to be concluded) and services (under an EVB-IT service contract to be concluded) are to be supplied, depending on the assignment.
There are no on-demand/purchase obligations for the secondary contracting entities. The Contractor shall be required to provide the services in the event of a request.
II.1.6)Common procurement vocabulary (CPV)

48611000 Database software package, 48612000 Database-management system, 48613000 Electronic data management (EDM), 48614000 Data-acquisition system, 72315000 Data network management and support services

II.1.7)Information about subcontracting
The tenderer has to indicate in the tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractor, as well as the subject-matter of the subcontracts for which they are proposed
The tenderer has to indicate any change occurring at the level of subcontractors during the execution of the contract
II.1.8)Lots
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:
see Section II.1.5)
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 2
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 24 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 60 (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:
According to procurement documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
According to procurement documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Jointly and severally liable.
III.1.4)Other particular conditions to which the performance of the contract is subject, in particular with regard to security of supply and security of information:
Contracting authorities, candidates, tenderers and contractors shall respect each other’s confidentiality of all information and documents. The requirements for the protection of classified information, including its disclosure to subcontractors (Section 9 of the VSVgV), are governed, inter alia, by Paragraph 7 of the VSVgV. Candidates, tenderers and contractors shall not disclose to third parties classified information by the contracting authority without the consent of the contracting authority. Candidates, tenderers and contractors must agree on confidentiality with the subcontractors envisaged.
Since the contract in question is a security-specific classified contract within the meaning of Section 104 (1) (2), (4) and (3) of the GWB, the candidates, tenderers and contractors, as well as the other undertakings identified as suitable (within the meaning of Section 26 (3) and Section 27 (4) of the VSVgV) and the subcontractors required to perform the contract, if any, must ensure the protection of classified information (VS) in accordance with Article 7 (4). In particular, the signed information sheet on the handling of classified information (classified classified information only) must be submitted with the request to participate. The tender documents will only be submitted to the companies selected in the competition who have submitted the signed VS-NfD leaflet. Further requirements are set out in the procurement documents of the procurement procedure.
In the event of a sensitive activity, such as access to classified classified information or above (Article 3 (1) (1) of the BaySÜG) or the need to employ sensitive posts from institutions important to life or defence (Article 3 (1) (4) of the BaySÜG) or to work in a security area (Article 3 (1) (3) of the BaySÜG), the primary contracting authority reserves the right to a simple security check of the relevant persons in accordance with Article 10 (1) of the BaySÜG. Similar provisions apply to secondary contracting entities. The primary contracting authority also reserves the right, if necessary, to include the contractor and, where appropriate, subcontractors after the conclusion of the contract (award of the contract) in the security supervision of the Federal Ministry of Economic Affairs and Energy or the corresponding Land authorities. The same applies to secondary contracting authorities.
The contracting authority points out that, under § 147 sentence 1 and § 124 (1) GWB, an undertaking may be excluded from participating in the procurement procedure even if the undertaking does not have the necessary trustworthiness to exclude risks to national security. Proof that risks to national security cannot be excluded can also be provided by means of protected data sources (Section 147, p. 2 GWB).
The request to participate must also include the following signed commitments/self-declarations (in accordance with the forms provided) of the candidate or group of candidates and (where applicable) the other entities designated as appropriate:
1. The applicant’s undertaking (form) pursuant to Section 7 (2) (2) (a) of the VSVgV to ensure the protection of all classified information in his possession or known to him, in accordance with the relevant laws and regulations, throughout the duration of the contract and after termination, termination or expiry of the contract. As an annex to the above-mentioned letter of commitment, the candidate must submit the signed fact sheet on the handling of classified information (classified classified information for internal use), together with the request to participate.
2. To ensure the protection of all classified information in its possession or knowledge, in accordance with the relevant laws and regulations, for the entire duration of the contract and after termination, termination or expiry of the contract, by any other undertaking designated as being fit for purpose pursuant to § 7 (2) (2) (b) VSVgV. As an annex to the above-mentioned letter of commitment, the company must submit the signed Information Sheet for the handling of classified information (classified classified information for internal use), together with the request to participate.
3. The tenderer’s undertaking (form) pursuant to Section 7 (2) (3) VSVgV, from subcontractors to whom he subcontracts in the performance of the contract, obtain declarations and commitments in accordance with Section 7 (2) (2) (b) of the VSVgV and submit them to the contracting authority before subcontracting.
4. Self-declaration (form) by the candidate that the teaching and technology of L. Ron Hubbard will not be applied, taught or disseminated in the company during the duration of the contract (Scientology Declaration of Protection).
5. Self-declaration (form) of any other company designated as relevant to be suitable that the L.Ron Hubbard’s teaching and technology will not be applied, taught or disseminated in the company during the term of the contract (Scientology Statement).
III.1.5)Information about security clearance:
III.2)Conditions for participation
III.2.1)Personal situation

Criteria regarding the personal situation of economic operators (that may lead to their exclusion) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: A copy of the proof of authorised practice, depending on the national legislation of the country in which the company is established, either by enrolment in the national professional or trade register of that State or by any other appropriate means.

Criteria regarding the personal situation of subcontractors (that may lead to their rejection) including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: The same requirements apply as for candidates.
III.2.2)Economic and financial ability

Criteria regarding the economic and financial standing of economic operators (that may lead to their exclusion)

Minimum level(s) of standards possibly required: 1. Self-declaration (form) of the total turnover of the company, with a minimum annual turnover of EUR 5 million on average over the last 3 financial years for which accounts have been closed, corresponding to the date of establishment or the date on which the undertaking commenced its activities (minimum requirement);
2. Self-declaration (form) stating that there is currently valid commercial indemnity insurance or comparable market insurance with a civil liability cover of at least EUR 5 million for personal injury and damage to property per claim and per year of insurance or, in the case of a contract, taken out at the first request of the contracting authority (minimum requirement).
The criteria required by Section III.2.2) Nos (1) and (2) to demonstrate the economic and financial capacity of candidates constitute minimum requirements for suitability under § 21 (2) sentence 1 VSVgV. Those minimum requirements shall be materially linked to and justified by the subject-matter of the contract.

Criteria regarding the economic and financial standing of subcontractors (that may lead to their rejection)

Information and formalities necessary for evaluating if the requirements are met: Self-declaration form concerning the total turnover of the company for the last 3 financial years for which accounts have been closed, corresponding to the date on which it was established or the date on which it commenced its activities.
Minimum level(s) of standards possibly required: Self-declaration (form) stating that there is currently valid commercial indemnity insurance or comparable market insurance with a civil liability cover of at least EUR 5 million for personal injury and damage to property per claim and per year of insurance or, in the case of a contract, taken out at the first request of the contracting authority (minimum requirement).
III.2.3)Technical and/or professional capacity

Criteria regarding the technical and/or professional ability of economic operators (that may lead to their exclusion)

Minimum level(s) of standards possibly required
1. Indicate (form) the average annual number of employees of the enterprise (at least 50) over the last 3 years (cut-off date: Deadline for participation/application) (minimum requirement);
2. Indication (form) of the number of technicians (minimum 20) involved in research and/or product development (minimum requirement);
3. An indication (form) of the number of technicians (minimum 5) involved in providing advice and support to local clients (minimum requirement);
4. Indication (form) of the number of professionals (minimum 20) working in the field of support (in particular incident/problem management) (minimum requirement),
5. Presentation (form) of at least one reference within the last 5 years (cut-off date: Deadline for participation/application) on the delivery, commissioning and service of a transversal research and analysis platform (“System”) used by at least 100 users to a German authority or organisation with security tasks (BOS) or an authority of a Member State of the European Union (EU) or an EU or UK authority or an authority of a Member State of EFTA or Switzerland, each responsible for security tasks (minimum requirement). This system shall be completely non-defective and operational and shall have at least cumulatively the following core functionalities (a) to (e) (minimum requirements):
(a) direct access to, pooling and analysis of data from different sources;
(b) processing of existing data and external data sources;
cross-checking of internal and external data, as well as structured and unstructured databases, in order to identify links within the analysis software;
(d) comprehensive research and visualisation of interdependencies between data collections;
(e) mobile use.
6. Identification (form) of the person responsible for the execution of the contract (project leader as main contact point), including (a) the professional experience of the project management of at least one reference project in accordance with the reference requirements set out in Section III.2.3) No (5) and (b) general experience as project leader or key account manager of at least 2 years (cut-off date: Deadline for participation/application) and c) spoken and written command of German (minimum requirements).
The reference given in section III.2.3) No (5) may be the same as the reference project indicated for the project leader in Section III.2.3) No (6) (a).
In the event that the candidate or tenderer has to replace the project leader designated in the competition for compelling reasons during the negotiated procedure or after the award of the contract, this is permitted only if and to the extent that the exchange project leader has the same selection criteria as the designated project leader in points (a) to (c) above.
The criteria for demonstrating technical and professional capacity required under Section III.2.3) Nos (1), (2), (3), (4), (5) and (6) respectively constitute a minimum level of aptitude in accordance with § 21 (2) sentence 1 VSVgV. Those minimum requirements shall be materially linked to and justified by the subject-matter of the contract.

Criteria regarding the technical and/or professional ability of subcontractors (that may lead to their rejection)

Minimum level(s) of standards possibly required
In the case of an aptitude loan pursuant to § 27 (4) sentence 1 VSVgV, the minimum requirements are the same as those for applicants.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
Envisaged number of operators 5
Objective criteria for choosing the limited number of candidates: The number of suitable candidates is limited in accordance with § 21 (3) sentence 1 VSVgV. If there are more than 5 candidates who are suitable in accordance with the selection criteria set out in Sections III.2.1), III.2.2) and III.2.3) (i.e. who meet the established objective criteria and therefore have the appropriate professional competence and are economically and financially and technically and professionally capable) and who are not excluded under § 147 p. 1 GWB in conjunction with § § 123 and 124 GWB, the contracting authority will select and invite candidates from 5 candidates to tender. If there are no more than 5 candidates meeting the above requirements, the number of candidates shall not be limited. In accordance with Section 21 (3) (2) of the VSVgV, the candidates to be invited to submit tenders are selected on the basis of objective and non-discriminatory requirements in selection criteria Nos 1 to 4. The points obtained by the candidates for each selection criterion will be added to a total number of points per candidate, with a maximum total of 150 points. Candidates will be ranked on the basis of the total scores obtained. The top 5 candidates will be invited to submit a tender. In the case of a possible equal number of points in the last rank, more than 5 candidates will be awarded the lot (cf. Hamburg Higher Regional Court, decision of 20.3.2020, ref. 1 Verg 1/19). No more than 5 candidates will be invited to submit a tender. Selection criterion No (1): The number of professionals will be assessed in accordance with Section III.2.3 Nos (3) and (4), according to categories (a) in the field of advice and support to clients and (b) in the field of support (in particular Incident/Problem Management). Points will be awarded in area (a): 10 points for more than 5 and up to 8 professionals; 15 points for 9 to 12 professionals; 20 points for more than 12 professionals. In addition, no points will be awarded even if other professionals are indicated. A maximum of 20 points can be reached in area (a). Points will be awarded in area (b): 10 points for more than 20 and up to 25 professionals; 15 points for 26 to 30 professionals; 20 points for more than 30 professionals. In addition, no points will be awarded even if other professionals are indicated. A maximum of 20 points can be reached in area (b). This means that a maximum total of 40 points can be obtained under selection criterion No (1). Selection criterion No (2): The number of references will be evaluated in accordance with Section III.2.3 No (5). 60 points will be awarded if more than one reference, which in each case fully meets the minimum requirements, is demonstrated. In addition, no points will be awarded even if more than 2 references are given. A maximum of 60 points can be obtained under selection criterion No (2). Selection criterion No (3): The number of references of the named project leader will be assessed in accordance with section III.2.3 No (6) a). 30 points will be awarded if more than one reference meeting the minimum requirements of Section III.2.3 No (5) is demonstrated. In addition, no points will be awarded even if more than 2 corresponding references are given by the designated project leader. A maximum of 30 points can be obtained under selection criterion No (3). Selection criterion No (4): The number of years of general professional experience of the named Project Leader as Project Leader or Key Account Manager in accordance with Section III.2.3 No (6) b) will be assessed. The relevant date is the date of first assignment as Project Leader or Key Account Manager, irrespective of the existence of the specific employment relationship with the candidate or current company. 10 points will be awarded for professional experience of more than 2 and up to 3 years; 20 points will be awarded for professional experience of more than 3 years. A maximum of 20 points can be obtained under selection criterion No (4).
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated yes
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 has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
124-8010-044/20
IV.3.2)Previous publication(s) concerning the same contract
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
22.2.2021 - 13:00
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
German.

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: no
VI.3)Additional information:
1. The Bavarian Criminal Police Office conducts this procurement procedure as the competent contracting authority for Bavaria as a contracting authority (primary contracting authority) and is responsible for the other contracting authorities of Baden-Württemberg, Berlin, Brandenburg, Freie Hansestadt Bremen, Freie und Hansestadt Hamburg, Hessen, Mecklenburg-Western Pomerania, Lower Saxony, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Land Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, Germany, The primary contracting authority of Freistaat Bayern becomes the sole contractual partner of the contractor for the framework agreement with an undertaking within the meaning of § 103 (5) sentence 1 GWB and § 14 (3) VSVgV. Under this framework agreement, an EVB-IT system contract will be concluded between the Land of Bavaria and the contractor by calling on the Free State of Bavaria. The secondary contracting authority, Bund, as the person authorised to retrieve the framework agreement, will be given the one-sided, free-standing retrieval option to conclude an EVB-IT system contract with the contractor. The other secondary contracting authorities (Länder), as beneficiaries of the Framework Agreement, receive the one-size-fits-all stand-by option to conclude a type A EVB-IT handover contract, an EVB-IT care contract S and an EVB-IT service contract with the contractor. In the context of this call for tenders, all secondary contracting authorities shall not accept any call for or acceptance obligations under the framework agreement which has been put out to tender and reserve the right to carry out their own procurement activities. Bavaria will not become a contracting party in the EVB-IT contracts concluded between the secondary contracting authorities and the contractor.
2. The contract to be tendered covers supplies and services which are ancillary to the main object of the contract (Section 103 (2) (2) GWB). The supply services are predominantly (Section 110 (2) (2) GWB).
3. The contract is awarded in accordance with § 146, p. 1, old. 2 GWB, Section 11 (1), sentence 1, old. 2 VSVgV in a negotiated procedure with competition.
4. The contract subject to this invitation to tender will not be divided into lots. For economic and technical reasons, an overall award is made (§ 97 (4) sentence 3 GWB, § 10 (1) sentence 2 VSVgV), in particular to ensure the necessary security and overall functionality of the system, as well as uniform police investigation and cooperation between the parties in the framework of the Police 2020 programme for cooperation between the German police and security authorities. International terrorism in particular has shown that cross-country data cross-checking and a holistic approach to analysis need to be carried out as soon as possible and up to date. This can only be achieved if a uniform analytical system with the same technical and organisational framework parameters is used nationwide. Splitting them into lots would make these objectively justified procurement objectives considerably more difficult or impossible.
5. Undertakings which do not, or do not fully meet, the selection criteria indicated in Sections III.2.2 and III.2.3) are not suitable for the performance of the contract and are not invited to submit a tender (§ 22 (3) sentence 1 VSVgV), but are necessarily excluded from the further procurement procedure. The minimum requirements required are materially linked to and justified by the subject-matter of the contract.
6. The forms required for the preparation and submission of a request to participate must be obtained free of charge from the contact point indicated in section I.1 above, upon request in text form (fax or e-mail). These forms provided by the contracting authority shall be used for the preparation and submission of the request to participate. These forms must be completed in full and signed in manuscript at the designated places. The request to participate must also be accompanied by all the required documents.
7. The request to participate must be submitted in writing (no scan or fax) and in an uncertified copy (paper format and on a data medium (CD/DVD)). Applications to participate may not be submitted by fax or by oral, telecommunication or electronic means (e-mail, upload, etc.). The request to participate must be submitted to the contracting authority (see section I.1) in a sealed envelope and marked as a request to participate from the outside by the closing date indicated in section IV.3.4). Requests to participate which are not closed or submitted in writing or late will not be taken into account and will be automatically excluded from the subsequent award procedure. The candidate shall bear the burden of presenting and proving the regularity and completeness of his request to participate, as well as its timely receipt and firm closure.
8. The candidate or each member of the consortium and each company declared to be eligible must submit a signed self-declaration (form) on the grounds for exclusion in accordance with § § 147, 123 GWB and § 23 VSVgV with the request to participate.
9. The candidate or each member of the consortium and each company declared to be eligible must submit a signed self-declaration (form) on the grounds for exclusion in accordance with § § 147, 124 GWB and § 24 VSVgV with the request to participate.
10. There will be no payment or reimbursement of costs/expenses incurred in drawing up a request to participate and a tender, as well as participation in the procurement procedure.
11. Only candidates selected after the competition and invited to submit a tender will receive the procurement documents. Candidates are not entitled to be selected for the invitation to tender and to receive the procurement documents.
12. In the event of inadvertent inconsistencies between this contract notice and other national forms of publication of the same contract, this EU notice shall prevail.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: Regierung von Oberbayern – Vergabekammer Südbayern
Town: München
Postal code: 80534
Country: Germany
E-mail: vergabekammer.suedbayern@reg-ob.bayern.de
Telephone: +49 8921762411
Fax: +49 8921762847
Internet address: www.regierung.oberbayern.bayern.de

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: The contracting authority shall make explicit reference to the obligations imposed on interested undertakings, candidates/tenderers and consortia of tenderers and to the exclusions provided for in Paragraph 160 (3) of the GWB with regard to the allegation of infringements of the provisions on the award procedure.
Paragraph 160 (3) (1) of the GWB provides:
‘The application (for review) shall be inadmissible in so far as:
(1) the applicant discovered the alleged infringement of the procurement rules before submitting the application for review and did not challenge the contracting authority within 10 calendar days; the expiry of the period laid down in Section 134 (2) of the GWB shall remain unaffected,
(2) infringements of the procurement rules which can be identified as a result of the contract notice are not brought before the contracting authority by the expiry of the time limit set out in the contract notice for the submission of applications or tenders;
(3) infringements of public procurement rules which can only be identified in the procurement documents are not raised against the contracting authority at the latest by the deadline for the submission of applications or tenders;
(4) more than 15 calendar days have elapsed after receipt of the contracting authority’s notification that it does not intend to remedy a complaint.’
The contracting authority also expressly refers to Paragraph 134 (1) and (2) of the GWB.
Paragraph 134 (1) and (2) of the GWB are worded as follows:
“(1) Contracting authorities shall inform tenderers whose tenders are not to be accepted without delay, in writing, of the name of the undertaking whose tender is to be accepted, of the reasons for which their tender is not to be accepted and of the earliest date of conclusion of the contract. The same applies to candidates who have not been provided with information about the rejection of their application before the notification of the award decision to the tenderers concerned.
(2) A contract may not be concluded until 15 calendar days after the information referred to in paragraph 1 has been sent. If the information is sent electronically or by fax, the time limit shall be reduced to 10 calendar days. The period shall begin on the day following the dispatch of the information by the contracting authority; the date of access by the tenderer and candidate concerned is irrelevant.’
VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: Regierung von Oberbayern – Vergabekammer Südbayern
Town: München
Postal code: 80534
Country: Germany
E-mail: vergabekammer.suedbayern@reg-ob.bayern.de
Telephone: +49 8921762411
Fax: +49 8921762847
Internet address: www.regierung.oberbayern.bayern.de

VI.5)Date of dispatch of this notice:
13.1.2021