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Italy-Benevento: Experimental development services
Section I: Contracting authority
Section II: Object
Pre–commercial Procurement (PCP) to Buy R&D (Research and Development) Services to Developing Digital Solutions Supporting Continuum of Care for Frailty Prevention in Old Adults — eCare
This contract notice invites interested operators to submit tenders to a procurement.
The procurement aims to deliver disruptive digital solutions for the prevention and comprehensive management of frailty to encourage independent living, wellbeing and to relieve health and care services budget pressure, throughout the implementation of a pre-commercial procurement scheme. Solutions should improve outcomes for frailty in old adults entailing the physical and the psycho-social factors. The target group are the pre-frail/frail old adults with emphasis on those that feel lonely and/or isolated. The procurers will procure the development, testing and implementation of digital tools/services and communication concepts to facilitate the transition to integrated care models across health and social services and country-specific cross-institutional set-ups.
Main site or place of performance: at least 50 % of the contracted R&D services on the EU member states or H2020 associated countries.
The procurement will take the form of a pre-commercial procurement (PCP) under which R&D service contracts will be awarded to a number of R&D providers in parallel in a phased approach. Each selected operator will be awarded a framework agreement that covers 3 R&D phases (described below). After each phase, intermediate evaluations will be carried out to progressively select the best of the competing solutions. The contractors with the best-value-for-money solutions will be offered a specific contract for the next phase.
• Phase A: Solution design:
This phase is a feasibility study of the selected technologies and proposals, which aims to verify the technical, economic and organisational feasibility of each company’s offer. The expected output from participating companies is a report describing the results of the feasibility study.
The total budget for theR&D contracts in this phase is EUR 321 311 475 (excluding VAT) and the maximum budget per R&D contract is EUR 40 169 934 (excluded VAT). Should there is any leftover from this phase it will be transferred to the next one. From this sum at least 8 contracts will be awarded. This phase will last for 5.5 months.
• Phase B: Prototype development:
The purpose of this phase is to develop the most promising ideas, shown in Phase A, into well-defined prototypes. The selection process for Phase B is based on the Phase A report and an application process, which will outline the company’s plans for Phase B.
Selected companies will each develop a prototype based on the results of their feasibility study. The aim is to verify to what extent the prototype’s main features meet the functional and performance requirements set in the challenge. Participating companies are expected to deliver a prototype specification and lab demonstration, as well as a plan for original development of a limited volume of first solutions and field-testing, and an updated cost/benefits evaluation including a preliminary business plan.
It is expected that the combined budget for this phase will be EUR 1 606 577 377 (excluding VAT) and the maximum budget per R&D contract will be EUR 401 639 344 (excluding VAT). Should there is any leftover from this phase it will be transferred to the next one. At least 4 projects will be selected for Phase B. This phase will last 10 months.
• Phase C. Pre-commercial development; field test:
This phase aims to verify and compare the full feature set and performance of different solutions in real-life operational conditions of the targeted public service. Expected output from participating companies includes field testing, field test specification, specification of the final solution, other related technical documentation and an updated cost/benefit evaluation.
It is expected that the combined budget for this phase will be EUR 1 285 245 804 (excluding VAT) and the maximum budget per R&D contract will be EUR 642 622 950 (excluding VAT). 2 projects will be selected for this phase. This phase will last 12 months.
All the solutions in Phase C will be tested in all the sites to ensure that a comparison can be made of performance both across sites and across solutions. Each procurer will identify a sample population to implement the proof of concept of the final awarded contracts.Testing is expected to take place in:
— province of Benevento;
— area of Barcelona and BaixL lobregat;
— city of Santander;
— Area of Aachen.
The phases of the procurement is expected to start on 17 November 2021 and end on 30 June 2024.The PCP challenge, requirements, conditions and awarded criteria will be established in the tender documents. They will be available from 1st July at https://ecare-pcp.eu/.
The selected operators will retain ownership of the intellectual property rights (IPRs) that they generate during the PCP and will be able to use them to exploit the full market potential of the developed solutions. The framework agreement will detail the terms of the (IPRs).
This procurement receives funding from the European Union’s Horizon 2020 Research and Innovation Programme, under grant agreement No 856960 — eCARE. See https://ecare-pcp.eu/. The EU has given a grant for this procurement, but is not participating as a contracting authority in the procurement.
This procurement is exempted from the WTO Government Procurement Agreement, the EU public procurement directives. Publication of this contract notice in the EU Official Journal is made on a voluntary basis and the procurement will not follow the procedures under the EU public procurement directives, but rather the procedure described in the tender documentation.
Section III: Legal, economic, financial and technical information
In accordance with the Article 58 paragraph 2 Directive 2014/24/EU, as regards to the suitability to pursue the professional activity, the economic operators must be enrolled in one of the professional or trade registers kept in their Member State of establishment, as described in Annex XI of the Directive 2014/24/EU, or to comply with any other request set out in that Annex.
More information is stated in the procurement documents.
Section IV: Procedure
Expected date to convene opening committee to proceed with the administrative opening of offers is 16 September 2021 at 11 a.m. (CET). The location will be the ASL Benevento registered office, 82100 Benevento, Italy at 12 a.m. local time.
The opening committee will open the tenders which have been submitted. Bidders are welcome to attend the opening of the tenders. A video webinar session may be provided and interested tenders may be provided with login data.
Section VI: Complementary information
Participation in the open market consultation that was held as part of the preparation for this procurement is not a prerequisite for submitting a tender.
This procurement is exempted from the WTO Government Procurement Agreement (GPA), the EU public procurement directives and the national laws that implement them. This is because it concerns the procurement of R&D services where the benefits do not accrue exclusively to the contracting authority for its use in the conduct of its own affairs.
Publication of this contract notice in the EU Official Journal is not to be understood as a waiver of this exemption. Publication is made on a voluntary basis and the procurement will not follow the procedures under the EU public procurement directives, but rather the procedure described in the tender documentation.
The open procedure was chosen in Section IV.1.1) ‘Procedure’ for formal reasons only. This is because it is not possible to publish a contract notice without selecting one of the listed procedures.
Offers may be submitted in English. All communication (before, during and after the procurement) can be made in English.
The project website https://ecare-pcp.eu/tender.html
The open market consultation Q&A https://ecare-pcp.eu/faqs/
PCPs on the Europa website (see https://ec.europa.eu/digital-single-market/innovation-procurement)
The procurement is exempted from the EU public procurement directives (including the EU procurement remedies directives 89/665/EEC and 92/13/EEC — see above) and the national laws that implement them.
Publication of this notice in the Official Journal is not to be understood as a waiver of this exemption by the contracting authority.
The deadlines for the review procedures at the bodies for review and mediation, mentioned in IV.4.1) and IV.4.2) are: 30 days from the publication of the contract award notice.
The lead procurer will incorporate a voluntary standstill period of five (5) calendar days from the date following electronic notification to unsuccessful tenderers of an award decision.
Any legal claim, petition or application for judicial review, with regard to the eCare PCP procedure, whether before civil law courts or administrative courts, shall be made before the Italian jurisdiction. By submitting a Bid, the Bidder accepts the exclusive jurisdiction of Italian courts.
Decisions taken with regard to the selection of bidders, awarding them with Phases 1, 2 or 3 or excluding them from the eCare PCP procedure should be challenged by means of an administrative remedy before the Benevento administrative Court (Tribunal Administrative de Benevento, ViaRaffaele de Caro, 7, 82100 Benevento BN, Italy).
Any dispute or claim arising out of or in connection with the execution of the Phases contracts entered into between the buyers Group and the Contractor, shall be heard by Benevento administrative Court.
Any dispute between the parties arising out of or in connection with the phases contracts shall in the first instance be referred to the contractor’s representative and the lead procurer’s representative for resolution. The parties agree to work together in good faith to reach an agreed settlement of any such dispute. If within fourteen (14) days of being referred to both the above representatives, the dispute has not been resolved, the Parties agree to submit the dispute to senior executive of the contractor and the appropriate representative of the lead procurer as the lead procure sees fit and who shall have responsibility to settle such dispute on behalf of the lead procurer. The parties shall meet within seven (7) days of the referral to them of any dispute and shall work together in good faith to resolve the dispute. If within fourteen (14) days, the dispute has not been resolved, the dispute may be referred, subject to mutual agreement, to mediation by a mediator to be agreed between the parties. The fee for the appointed mediator shall be shared equally between the parties. A note in this section shall preclude either party from commencing an action for a legal remedy where time is of the essence and the remedy sought is only available in a court of law. In all other circumstances the Parties shall attempt to resolve a dispute in accordance with clauses the procedure set in this section.
The Benevento administrative Court will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of or in connection with the framework agreement.