Services - 444407-2015

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18/12/2015    S245

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

2015/S 245-444407

Contract award 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: BU25 04/024
Town: Brussels
Postal code: 1049
Country: Belgium
For the attention of: Pearse O'Donohoue
Telephone: +32 22991280

Internet address(es):

General address of the contracting authority:

Address of the buyer profile:

Electronic access to information:

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
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 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 procedure
IV.2)Award criteria
IV.2.1)Award criteria
The 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 auction
An 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

Prior information notice

Notice number in the OJEU: 2015/S 002-001300 of 3.1.2015

Contract notice

Notice number in the OJEU: 2015/S 101-183507 of 28.5.2015

Section V: Award of contract

Contract No: 30-CE-0738539/00-91
V.1)Date of contract award decision:
V.2)Information about offers
Number of offers received: 1
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

Official name: time.lex CVBA and Spark Legal Network and Consultancy Ltd
Postal address: rue du Congrès 35
Town: Brussels
Postal code: 1000
Country: Belgium

V.4)Information on value of contract
Total final value of the contract:
Value: 137 750 EUR
Excluding VAT
V.5)Information about subcontracting
The 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
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.2)Additional information:
VI.3)Procedures for appeal
VI.3.1)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.3.2)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.3.3)Service from which information about the lodging of appeals may be obtained

Official name: European Commission, Directorate-General for Communications Networks, Content and Technology, Directorate R: Support, Unit R2: Finance
Town: Brussels
Postal code: 1049
Country: Belgium
Internet address:

VI.4)Date of dispatch of this notice: