Compliance requirements
The tenderer may be excluded for relevant final convictions within the previous five years involving participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. Other grounds include breaches of tax or social security payment obligations; violations of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation, creditor arrangements, administration of assets by a liquidator or court, or suspended business; serious professional misconduct; anti-competitive agreements; conflicts of interest or involvement in preparing the procurement that cannot otherwise be resolved; significant or repeated failures under previous contracts resulting in early termination, damages or comparable sanctions; and false or misleading information, withheld information or documents, or attempts to obtain confidential information improperly. National grounds also include enabling unlawful employment of a foreign national, being subject to international sanctions, local tax arrears, and convictions for tax offences. The notice sets a zero threshold for tax and social-security debts; the stated tax-law exception applies to debts below EUR 100 or debts whose payment has been deferred. These grounds also apply to subcontractors subject to the stated checks. In particular, during contract performance the contractor must provide details of subcontractors whose subcontract exceeds EUR 50,000 excluding VAT. Where an exclusion ground applies, information about measures taken to restore reliability may be provided where permitted.
Qualification criteria and exclusion grounds
Within the 3 years preceding the start of the procurement, the tenderer must have successfully completed, in accordance with the contract requirements, at least one equivalent software development contract. An equivalent contract concerns development of an information system or web application resulting in a working solution with a graphical user interface and a database. The tenderer must provide the contract subject and a brief description, the client’s name and contact details, the performance period, and the tenderer’s role.
The tender must include descriptions of a project plan and risk analysis, as well as team-member CVs using the form specified in the procurement documents. The team must include at least 1 project manager, 1 analyst and 2 developers. One person may cover multiple roles if they meet the requirements for each role; at least two developers are required.
By submitting a tender, the tenderer confirms acceptance of the procurement-document conditions; conditional tenders are not permitted. For a joint tender, an authorisation for the joint tenderers must be provided. Any claimed trade secret must be identified and justified, but the tender price and numerical figures relating to the evaluation criteria may not be designated as trade secrets. Any proposed equivalence must be explained and supported with evidence. The price must follow the structure set out in the procurement documents. The tenderer must confirm that subcontractors and suppliers covered by the specified Russian-related restrictions will not be involved in performing more than 10% of the contract value, including entities that are Russian nationals, residents or established in Russia, entities more than 50% owned by them, or entities acting on their behalf or under their direction.
The project plan and risk analysis are assessed under their respective award criteria. Additional experience of team members may earn evaluation points but is not a compliance requirement. The detailed evaluation methodology is set out in the procurement documents.