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Services - 448947-2022

17/08/2022    S157

Luxembourg-Luxembourg: Provision of External Staff, Services and Products in Support of IT Security Services at the EIB Group

2022/S 157-448947

Modification notice

Modification of a contract/concession during its term

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: European Investment Bank
Postal address: 98–100, boulevard Konrad Adenauer
Town: Luxembourg
NUTS code: LU000 Luxembourg
Postal code: L-2950
Country: Luxembourg
E-mail: GCS-procurement@eib.org
Internet address(es):
Main address: http://www.eib.org
Address of the buyer profile: https://www.eib.org/en/about/procurement/index.htm

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Provision of External Staff, Services and Products in Support of IT Security Services at the EIB Group

Reference number: OP-1438
II.1.2)Main CPV code
72212732 Data security software development services
II.1.3)Type of contract
Services
II.2)Description
II.2.2)Additional CPV code(s)
30200000 Computer equipment and supplies
48730000 Security software package
48732000 Data security software package
72000000 IT services: consulting, software development, Internet and support
72212731 File security software development services
72212732 Data security software development services
48000000 Software package and information systems
II.2.3)Place of performance
NUTS code: LU000 Luxembourg
II.2.4)Description of the procurement at the time of conclusion of the contract:

The scope of this call for tenders is the provision of external staff members, specific services and the delivery of an acquisition channel for specific hardware and software products to support IT security operations and the activities of the IT Security Unit of the Information Technology Department ('IT Department') of the European Investment Bank.

Required services and products:

1) Provision of services

— On-site time and materials continuous services: longer term assignments on a time and materials basis. On-site time and materials continuous services will typically cover ongoing maintenance and support: handling day-to-day problems; implementing patches or upgrades containing bug fixes or enhancements, and in limited cases, participation in development and implementation projects.

— On-site time and materials discrete services: shorter-term assignments of a fixed duration, on a time and materials basis to provide specific deliverables for which the workload can be estimated with reasonable accuracy. On-site time and materials discrete services will typically cover implementation of a new solution or developments comprising evolutionary maintenance in excess of two man-weeks (approximately).

— On-site fixed price services: shorter-term assignments of a fixed duration, on a fixed cost basis to provide specific deliverables for which the workload can be estimated with reasonable accuracy.

— On-call support services: continuous on-call service outside the Bank’s business hours for quick intervention at the EIB’s premises to resolve unforeseen technical issues or incidents.

— Off-site Security Operations Center (“SOC”): off-site service to provide continuous security monitoring function over the EIB’s IT security infrastructure,

— Exit assistance services: services to transfer knowledge and know-how to a third-party service provider at the end of the framework agreement.

At any time up to the third anniversary date of the framework agreement, the Bank may request the service provider, without prior publication of a contract notice, to perform new services similar to those defined under this call for tenders.

2) Acquisition of products

The Service provider will be required to set up and manage a single supply channel for the procurement and renewal of specific hardware and software products used in the IT security domain (supplied by various third-party vendors), which will allow the EIB to purchase such products for its own account. In such an arrangement, the service provider shall act as supply channel provider, where the title of ownership of the products (and related contractual rights and obligations) acquired is assigned fully to the EIB.

II.2.7)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 84
In the case of framework agreements, provide justification for any duration exceeding 4 years:

The services and IT infrastructure in question are critical to the EIB and can be best supported in a longer-term partnership where trust is built and maintained, risks related to sharing highly sensitive and/or confidential information is better mitigated, costs and efforts related to the transition period pay off in the longer term, skilled resources are retained for as long as possible.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section IV: Procedure

IV.2)Administrative information
IV.2.1)Contract award notice concerning this contract
Notice number in the OJ S: 2018/S 109-247370

Section V: Award of contract/concession

Contract No: 1
Title:

Provision of External Staff, Services and Products in Support of IT Security Services at the EIB Group

V.2)Award of contract/concession
V.2.1)Date of conclusion of the contract/concession award decision:
15/05/2018
V.2.2)Information about tenders
The contract/concession has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Excellium Services SA
Town: Contern
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor/concessionaire is an SME: no
V.2.4)Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 18 200 000.00 EUR

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: General Court of the European Union
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: L-2925
Country: Luxembourg
E-mail: generalcourt.registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address: http://curia.europa.eu
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Tenderers may in the first instance submit any concerns regarding the procurement to the Bank using the contact details under Section I.1) of this contract notice. If tenderers or other interested parties, believe that the EIB committed an instance of maladministration, (e.g. it has failed to act in accordance with its established policies, standards and procedures or to respect the principles of good administration), they may lodge a complaint to the EIB Group Complaints Mechanism (see https://www.eib.org/en/about/accountability/complaints/ index.htm) within one year from the date when the alleged action, decision or omission by the Bank could be reasonably known by the complainant. If unhappy with the outcome, tenderers can seek a review of the EIB Group’s reply to the complaint by the European Ombudsman (see https://www.ombudsman.europa.eu). Within two months of notification of the outcome of the procedure (award decision), tenderers may launch an action for its annulment and/or damages. Any request tenderers may make and any reply from the Bank or any complaint of maladministration, will have neither the purpose nor the effect of suspending the time-limit for launching an action for annulment nor open a new period for launching an action for annulment. The body responsible for hearing annulment procedures is indicated under Section VI.4.1) of this contract notice.

VI.5)Date of dispatch of this notice:
05/08/2022

Section VII: Modifications to the contract/concession

VII.1)Description of the procurement after the modifications
VII.1.1)Main CPV code
72212732 Data security software development services
VII.1.2)Additional CPV code(s)
30200000 Computer equipment and supplies
48730000 Security software package
48732000 Data security software package
72000000 IT services: consulting, software development, Internet and support
72212731 File security software development services
72212732 Data security software development services
48000000 Software package and information systems
VII.1.3)Place of performance
NUTS code: LU000 Luxembourg
VII.1.4)Description of the procurement:

The scope of this call for tenders is the provision of external staff members, specific services and the delivery of an acquisition channel for specific hardware and software products to support IT security operations and the activities of the IT Security Unit of the Information Technology Department ('IT Department') of the European investment bank.

Required services and products:

1) Provision of services

— On-site time and materials continuous services: longer term assignments on a time and materials basis. On-site time and materials continuous services will typically cover ongoing maintenance and support: handling day-to-day problems; implementing patches or upgrades containing bug fixes or enhancements, and in limited cases, participation in development and implementation projects.

— On-site time and materials discrete services: shorter-term assignments of a fixed duration, on a time and materials basis to provide specific deliverables for which the workload can be estimated with reasonable accuracy. On-site time and materials discrete services will typically cover implementation of a new solution or developments comprising evolutionary maintenance in excess of two man-weeks (approximately).

— On-site fixed price services: shorter-term assignments of a fixed duration, on a fixed cost basis to provide specific deliverables for which the workload can be estimated with reasonable accuracy.

— On-call support services: continuous on-call service outside the Bank’s business hours for quick intervention at the EIB’s premises to resolve unforeseen technical issues or incidents.

— Off-site Security Operations Center ('SOC'): off-site service to provide continuous security monitoring function over the EIB’s IT security infrastructure.

— Exit assistance services: services to transfer knowledge and know-how to a third-party service provider at the end of the framework agreement.

At any time up to the third anniversary date of the framework agreement, the Bank may request the service provider, without prior publication of a contract notice, to perform new services similar to those defined under this call for tenders.

2) Acquisition of products

The service provider will be required to set up and manage a single supply channel for the procurement and renewal of specific hardware and software products used in the IT security domain (supplied by various third-party vendors), which will allow the EIB to purchase such products for its own account. In such an arrangement, the service provider shall act as supply channel provider, where the title of ownership of the products (and related contractual rights and obligations) acquired is assigned fully to the EIB.

VII.1.5)Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months: 84
In the case of framework agreements, provide justification for any duration exceeding 4 years:

The services and IT infrastructure in question are critical to the EIB and can be best supported in a longer-term partnership where trust is built and maintained, risks related to sharing highly sensitive and/or confidential information is better mitigated, costs and efforts related to the transition period pay off in the longer term, skilled resources are retained for as long as possible.

VII.1.6)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 27 300 000.00 EUR
VII.1.7)Name and address of the contractor/concessionaire
Official name: Excellium Services SA
Town: Contern
NUTS code: LU000 Luxembourg
Country: Luxembourg
The contractor/concessionaire is an SME: no
VII.2)Information about modifications
VII.2.1)Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

The total value of the framework agreement has been increased by EUR 9 100 000.

VII.2.2)Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee (Art. 43(1)(c) of Directive 2014/23/EU, Art. 72(1)(c) of Directive 2014/24/EU, Art. 89(1)(c) of Directive 2014/25/EU)
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:

The increase of the value of the agreement became necessary due to a number of unforeseeable events, such as additional security requirements imposed by the EIB’s governing and oversight bodies, need for additional IT security services to enable the EIB staff teleworking due to the COVID-19 pandemic, as well as the need for additional IT security products and services due to the new EIB IT strategy and a move towards cloud solutions.

VII.2.3)Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 18 200 000.00 EUR
Total contract value after the modifications
Value excluding VAT: 27 300 000.00 EUR