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Germany-Berlin: Database-management system
Section I: Contracting authority
Main address: https://www.autobahn.de
Section II: Object
Awarding of an Enterprise Information Management System
The aim of the tender is to procure a DMS system for, inter alia, data archiving. This includes software for document management, document management, metadata management and maintenance, electronic archiving of documents and other electronic information objects, as well as IT technical support for the definition and processing of workflows related to documents.
The objective of this call for tenders is the introduction of an OnPremise product solution for an Enterprise Information Management System. This includes document management software, document management, metadata management and maintenance, electronic archiving of documents and other electronic information objects, as well as IT technical support for the definition and processing of workflows related to documents or other documentation objects held in the system, as well as the necessary set-up, configuration, training, documentation and roll-out services. For the sake of simplicity in the text, the term ‘documents’ also covers information or documentation objects which do not correspond to the apparent document nature. Service also includes system maintenance and interface and configuration services in accordance with the EVB-IT contract.
The product must support the maintenance of files and operations for document management, whereby the definition of files and operations can be both statically based on a filing plan and dynamically based on collections of metadata and/or content.
The product shall include the whole life cycle of a document from production and/or setting from third-party systems, management, versioning, digital long-term archiving and GDPR-compliant destruction, both at the level of the document and its descriptive data and data structures.
As one of Germany’s largest infrastructure managers, in addition to the above-mentioned requirements, the main focus is on the possibility of geo-referenced searching for information and documents. The product must make the management based on geodetic data available in an integrated manner, depending on the classification characteristics of a document, file or process.
The product must be integrated into the system landscape of the Federal Motorway GmbH and act as a central exchange and access point for some 100 specialist applications and some 15 000 colleagues. The integration of the specialist applications shall be implemented in synchronous procedures according to the state of the art, if this is supported by the specialist application.
However, it must be possible for the solution to be used in dispersed locations and in various stationary and mobile client workstations to be operated as a central authority in a data centre provided by the contracting authority.
The details of the subject of the procurement are set out in Annex ‘Annex 2 to the EVB-IT contract – A – Terms of reference DMS’.
A maximum of 5 tenderers will be selected and invited to tender (Section 51(1) VgV) among those who formally and materially meet the suitability requirements (technical and performance requirements, Sections 42 VgV, Sections 122 to 125 GWB) in accordance with Section III.1.1) to III.1.3. Such a reduction in the number of participants will only take place if there is a sufficient number of suitable bidders. The selection of tenderers to be invited to tender shall be carried out in an objective and non-discriminatory manner as follows:
Ö 1. References: The number of tenderers will be reduced in an objective and non-discriminatory manner, first of all on the basis of the references requested and submitted by the tenderer, in accordance with the following evaluation framework: For each reference submitted that meets the formal and material requirements set out in Section III.1.3(3), the tenderer will be awarded 1 point.
Ö 2. Minimum turnover: The reduction in the number of tenderers shall be objectively and non-discriminatory on the basis of the minimum turnover required by the tenderer in accordance with the following evaluation framework. If the total net turnover of the company in the field of the services covered by this invitation to tender over the last 2 years, as indicated in point II.1.2) No 2, is EUR 20 million, the tenderer will be awarded 10 points. If the total net turnover of the company in the field of the services covered by this invitation to tender over the last 2 years, as indicated in point II.1.2) No 2, is EUR 15 million, the tenderer will be awarded 5 points.
Ö 3. Overall evaluation: The points for the above category of references (1) and minimum turnover (2) are added together. The 5 tenderers with the highest scores will be invited to tender following the awarding authority’s competition. If two or more tenderers rank equally in the last – fifth – place, the same tenderers will also be invited to tender.
Section III: Legal, economic, financial and technical information
Ö 1. Self-declaration of the absence of grounds for exclusion under Sections 123 and 124 of the GWB (see e.g. https://www.gesetze-im-internet.de/gwb/__123.html and https://www.gesetze-im-internet.de/gwb/__124.html).
Form B-F-1 – ‘Declaration on the company VgV EU’ (self-declaration), which is attached to the tender documents, must be used for this purpose.
This declaration must be provided by the tenderer, by each member of the consortium and by each company whose economic and financial capacity or technical and professional capacity is invoked by the tenderer/group (§ 47 VgV).
Ö 2. Self-declaration of the tenderer’s structure, i.e. whether the tenderer participates in the procurement procedure as a sole tenderer, group of tenderers, invoking subcontractors or invoking property-granting other entities.
The declaration must be provided by each tenderer or group of tenderers.
Form B-F-BS, which is attached to the tender documents, must be used for this purpose.
Ö 3. An extract from the trade register or alternative proof per economic operator must be provided by the tenderer, each member of the group and each subcontractor.
—Extract from the commercial register: Proof of enrolment in the trade register of the country in which the tenderer is established. If the national legislation of the country in which the tenderer is established does not require it to be enrolled in a professional or trade register, he must provide a self-declaration to that effect and the reasons (e.g. legal form);
—Alternative detection: If the tenderer is not registered in the trade register, proof of the authorised practice of the profession by other means (e.g. registration in a register of partnerships or associations, membership of an economic association);
For the Member States of the European Union, the relevant profession or trade register and the certificates or declarations of professional practice are listed in Annex XI to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2014/18/EC, OJ L 94, 28 March 2014, p. 65.
Details can be found in the procurement documents provided electronically.
Ö 1. Presentation of a credit assessment by an accredited company (e.g. CreditSafe, Experian, etc.). If the company is not listed with an accredited company, a positive credit quality statement from the house bank must be submitted. A positive credit quality statement must be provided as evidence. The declaration must be provided by each tenderer or group of tenderers.
Ö 2. Presentation of a company’s description of the type of service to be tendered: Presentation/presentation of the company, including development, organisation, ownership and shareholding structures, turnover for the last 3 financial years in relation to the type of service required. Presentation of the core competencies/focus of the business activity and the importance of the corresponding business area in relation to the type of service to be tendered.
The total net turnover of the company in the field of the tendered services over the last 2 years must be at least EUR 10 million.
As evidence, a company’s representation must be provided as a self-declaration.
Ö 3. Evidence of professional indemnity insurance for financial damage with a minimum amount of cover of EUR 1 million per claim.
A self-declaration by the candidate (in the case of the suitability loan of the other company designated for this purpose) that the relevant insurance is in place or, in the case of the contract, is concluded and will be maintained throughout the duration of the contract (form F3.1).
Proof of insurance at the start of the contract.
The operational/professional liability insurance shall cover at least the following claims with the following minimum amounts of insurance:
—for personal injuries, a flat-rate amount of at least EUR 1000000 per claim, simply maximised per year;
—for damage to property, a flat-rate amount of at least EUR 500000 per claim, simply maximised per year;
—for damage to property, a flat-rate amount of at least EUR 500000 per claim, simply maximised per year.
Form B-F-3.1, which is attached to the tender documents, must be used for this purpose.
Re 1. Non-performance will lead to the exclusion of 2. Failure to comply with the minimum turnover shall result in the exclusion of:
Privacy statement: Submission of a self-declaration (form F4.1) concerning the commitment under the Commitment Act and the respect of confidentiality in the processing of personal data (BDSG/EU GDPR obligation). Form B-F-4.1, which is attached to the tender documents, must be used for this purpose.
Declaration of neutrality: In view of the Contractor’s performance obligations, neutrality in the performance of the tasks is necessary. Each tenderer must therefore provide self-declarations of neutrality in accordance with § 46(2) VgV. Form B-F-4.2, which is attached to the tender documents, must be used for this purpose.
Ö 3. List of references of the tenderer for the last 3 years (companies which have been in existence for less than 3 years, please provide this information only in relation to the duration of their business) of completed orders of comparable size and type of service.
Each reference should include the following information:
— a description of the services provided;
— the value of the contract.
Period during which the work will be carried out – Indicate the contact point at the contracting authority of the reference with address and contact details.
Form B-F-4.3, which is attached to the tender documents, must be used for this purpose.
Ö 4. Certification certificate:
The following evidence of certification shall be provided:
—Provide evidence that you are certified at least according to ISO 9001:2015 (Quality Management) or equivalent;
— proof that you are certified at least in accordance with ISO 27001 (Information Security Management) on the basis of IT baseline protection (BSI) or equivalent, for each tenderer’s case;
— Proof that the product solution can act as a certified electronic archive;
— Proof that the product solution has been certified via TÜV audit or the audit criteria for VOI e.V. digital document management processes or similar to declare audit safety. The necessary certificates of the manufacturer and the third-party certificates shall be attached;
— Proof that the product solution has certified ArchivLink interfaces to SAP. The necessary certificates from the manufacturer. SAP AG or one of its subsidiaries shall be attached.
The comparability of different certifications must be explained/described by the tenderer.
Question 3: Non-performance shall result in disqualification. Minimum requirements for references:
Performance range: Introduction of a product solution for an Enterprise EIM in accordance with the requirements of Annex 1 – Terms of Reference – DMS. This includes, inter alia, software for document management, document management, metadata management and maintenance, electronic archiving of documents and other electronic information objects, as well as IT technical support for the definition and processing of workflows related to documents.
—The references must not be older than 3 years (the date of the last service to be provided until the closing date for participation).
The above-mentioned reference projects must be completed. In the case of references which have not yet been completed, indicate the level of performance achieved so far. Unrealised performance levels cannot be taken into account.
Re 4. Non-performance shall result in disqualification.
Section IV: Procedure
Section VI: Complementary information
The contract is awarded by negotiated procedure with competition in accordance with § 14(3) VgV:
Ö 1. The procurement procedure shall be carried out electronically through the e-Procurement Platform sub-report ELVIS (e-Procurement Platform). Requests to participate and questions relating to candidates must be submitted electronically.
The submission of an electronic request to participate is subject to registration on the e-Procurement Platform and subsequent activation of the participation in the procedure. Registration and participation is free of charge for companies.
Only duly registered companies participating in the procedure will be automatically informed about changes to the procurement documents or about answers to questions on the procurement procedure.
Ö 2. The most up-to-date documents provided by the contracting authority must be used for drawing up the request to participate. Requests to participate based on outdated procurement documents will be excluded from the procurement procedure. Throughout the procedure, candidates are obliged to check whether updated procurement documents have been made available on the e-procurement platform. In particular, Annex 1 to the EBV-IT contract – A – Items description DMS must be submitted in xlsx format In the case of consortia, the request to participate must be submitted by the authorised member (representative) of the consortium.
Information on the e-Procurement Platform and the technical requirements for registration can be found at: https://subreport.de/evergabe/subreport-elvis/. Telephone support to the e-procurement platform is provided by the hotline, which can be reached on + 49(0)221 985 78-0.
Ö 3. Any questions concerning the tender documents or the contract notice must be sent to the WG only via the e-Procurement Platform in good time before the deadline for receipt of requests to participate, no later than 15/10/2020 at 12:00. Responses will be prepared in a timely manner and sent to all candidates via the e-procurement platform.
Ö 4. Reference is made to Annexes B-F-BG, B-F-EL, B-F-UA, B-F-UA and Annexes B-F undertakings EL and B-F undertakings UA in the case of suitability loans or the use of subcontractors.
The contracting authority expressly refers to the responsibilities of the undertakings/candidates/tenderers and to the limitation rules under § 160(3) sentence 1 Nos 1 to 4 GWB (see e.g.: https://www.gesetze-iminternet.
De/gwb/__160.html) as regards the allegation of non-compliance with the procurement rules. Any complaints must be made via the eProcurement Platform or via the contact point indicated under I.1.
Paragraph 160 of the GWB is worded as follows:
(1) The Public Procurement Board shall initiate a review procedure only on application.
(2 Any undertaking having an interest in the public contract or the concession and claiming an infringement of its rights under Paragraph 97(6) by failure to comply with public procurement rules is entitled to apply. It must be shown that the alleged infringement of the procurement rules has caused or threatens to cause damage to the undertaking.
(3) The application shall be inadmissible in so far as:
(1) the applicant has established the alleged infringement of the procurement rules prior to the submission of the application for review and has not complained to the contracting authority within a period of 10 calendar days; the expiry of the period referred to in Section 134(2) shall remain unaffected:
Infringements of the rules on the award of contracts which are apparent from the contract notice are not complained of to the contracting authority by the expiry of the time-limit for submitting an application or a tender specified in the contract notice;
Infringements of procurement rules which can only be identified in the procurement documents are not complained of to the contracting authority at the latest by the deadline for submission of applications or tenders;
(4) more than 15 calendar days have elapsed from the date of receipt of the contracting authority’s notification that it does not intend to remedy a complaint. Sentence 1 shall not apply in the case of an application for a declaration that the contract is invalid pursuant to Section 135(1)(2). The sentence of Section 134(1) shall remain unaffected. In accordance with § 134 GWB (see e.g.: https://www.gesetze-im-internet.de/gwb/__134.html)in accordance with Section 134(1) of the GWB, inform tenderers whose tenders are not to be taken into account of this prior to the award of the contract.
In the case of written information, the contract may be concluded only 15 calendar days or, in the case of information by electronic means or by fax, 10 calendar days after the information has been sent (second sentences of Section 134(2) and 1 of the GWB). The period shall start on the day following the dispatch of the information by the contracting authority.