Directive 2004/18/EC
Section I: Contracting authority
I.1)Name, addresses and contact point(s) I.2)Type of the contracting authorityEuropean institution/agency or international organisation
I.3)Main activityGeneral public services
I.4)Contract award on behalf of other contracting authoritiesThe contracting authority is purchasing on behalf of other contracting authorities: no
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract
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 performanceServices
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 framework agreement or a dynamic purchasing system (DPS)
II.1.4)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) 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.1.5)Common procurement vocabulary (CPV)73210000 Research consultancy services, 79419000 Evaluation consultancy services
II.1.6)Information about Government Procurement Agreement (GPA)The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)Value: 137 750 EUR
Excluding VAT
Section IV: Procedure
IV.1)Type of procedure
IV.1.1)Type of procedureOpen
IV.2)Award criteria
IV.2.1)Award criteriaThe most economically advantageous tender in terms of
1. Understanding of the tasks required. Weighting 20
2. Technical quality of the tender. Weighting 50
3. Management. Weighting 30
IV.2.2)Information about electronic auctionAn electronic auction has been 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 Section V: Award of contract
Contract No: 30-CE-0738539/00-91 V.1)Date of contract award decision:4.12.2015
V.2)Information about offersNumber of offers received: 1
V.3)Name and address of economic operator in favour of whom the contract award decision has been takenOfficial name: time.lex CVBA and Spark Legal Network and Consultancy Ltd
Postal address: rue du Congrès 35
Town: Brussels
Postal code: 1000
Country: Belgium
E-mail: hans.graux@timelex.eu
V.4)Information on value of contractTotal final value of the contract:
Value: 137 750 EUR
Excluding VAT
V.5)Information about subcontractingThe contract is likely to be sub-contracted: yes
Value or proportion of the contract likely to be sub-contracted to third parties:
Proportion: 39,61 %
Section VI: Complementary information
VI.1)Information about European Union funds VI.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures VI.3.2)Lodging of appealsPrecise 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.3.3)Service from which information about the lodging of appeals may be obtained VI.4)Date of dispatch of this notice:8.12.2015