Supply Contract Notice

SUPPLY CONTRACT NOTICE Supply, delivery, installation, customization, implementation, testing and commissioning of an of- f-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC) The Hague – The Netherlands

1. Tender reference KSCR/PROC/2017/0012.

2. Procedure Local open tender.

3. Programme title Kosovo Specialist Chambers: Support for re-located judicial proceedings within a Member State.

4. Financing EU Grant Contract CFSP/2017/16/Kosovo Specialist Chambers

5. Contracting authority The Kosovo Specialist Chambers (KSC).

CONTRACT SPECIFICATIONS

6. Description of the contract An ERP system needs to be procured to support the KSC’s finance, HR, payroll, procurement and supply chain functions, among other things.

7. Number and titles of lots One lot only: Supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Cham- bers (KSC).

TERMS OF PARTICIPATION

8. Eligibility and rules of origin Participation in this tender is open without limitations to all natural and legal persons (participating either individually or in a grouping – consortium – of tenderers). Participation in this tender is also open to international organisations. No restrictions apply with respect to the origin of the supplies.

9. Grounds for exclusion Tenderers must submit a signed declaration, included in the Tender Form for a Supply Contract, to the effect that they are not in any of the situations listed in point 2.3.3 of the Practical Guide (PRAG)1.

1 Practical Guide to Contract Procedures for EU External Actions http://ec.europa.eu/europeaid/prag/document.do KSCR/PROC/2017/0012 ERP Solution – Contract Notice 1 10. Number of tenders Tenderers should submit only one tender. Tenderers should not submit a tender for a variant solution in addition to their tender for the supplies covered by this tender dossier.

11. Tender guarantee No tender guarantee is required.

12. Performance guarantee The successful tenderer will be asked to provide a performance guarantee of 5% of the amount of the contract at the signing of the contract. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the tenderer receives the contract signed by the Contracting Authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the tenderer which has submitted the next cheapest compliant tender.

13. Information meeting and/or site visit No information meetings and/or site visits are planned.

14. Tender validity Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the Contracting Authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period (see para 8.2 of the Instructions to Tenderers).

15. Period of implementation of tasks Within 120 calendar days after signature of the relevant contract by all parties.

SELECTION AND AWARD CRITERIA

16. Selection criteria The following selection criteria will be applied to tenderers: 1) Economic and financial capacity of tenderer (based on i.a. item 3 of the Tender Form for a Sup- ply Contract that is included in Part D of this document): - The average annual turnover over the last 3 accounting years for which the tenderer's accounts have been closed must be equal to or exceed 500,000.00 Euro (EUR)2. 2) Professional and technical capacity of tenderer (based on i.a. items 4, 5 and 6 of the Tender Form for a Supply Contract that is included in Part D of this document): - The tenderer is duly registered, licensed or otherwise empowered (by the competent body of the country where its head office is located) to sell the products and provide the services for which this tender is being made. - At least 3 persons of the permanent staff of the tenderer are currently working in fields 3 related to the contract for which this tender is being made. - The tenderer has successfully provided ERP solutions under at least 2 contracts, each with a budget of no less than 100,000.00 Euros (EUR), at any time during the 3 years before the deadline for submission of tenders. This means that the contracts the tenderer refers to could have been started or completed at any time during the 3 years preceding the submission deadline but they do not necessarily

2 [(2 years before last year turnover + Year before last year turnover + Last year turnover) / 3] ≥ 500,000.00 Euro (EUR). 3 Those are the development and/or deployment of ERP systems. KSCR/PROC/2017/0012 ERP Solution – Contract Notice 2 have to be started and completed during that period, nor implemented during the entire period. Tenderers are allowed to refer either to contracts completed during the 3 years preceding the submission deadline (although started earlier) or to contracts not yet completed. In such cases, only the portions satisfactorily completed during the 3 years preceding the submission deadline will be taken into consideration.

Capacity-providing entities: An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. Some examples of when it may not be considered appropriate by the Contracting Authority are when the tenderer relies in majority on the capacities of other entities or when they rely on others for the meeting of key criteria. If the tenderer relies on other entities it must prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing commitment on the part of those other entities to place the identified resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility as the economic operator. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished if requested by the Contracting Authority. With regard to professional and technical criteria, a tenderer may only rely on the capacities of other entities where the latter will perform the tasks for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.

17. Award criteria The best quality-price ratio which is established by weighing technical quality against price on an 80/20 basis.

TENDERING

18. How to obtain the tender dossier The present document constitutes the entire tender dossier. Tenders must be submitted using the standard Tender Form for a Supply Contract (Part D of this tender dossier), whose format and instructions must be strictly observed. Tenderers with questions regarding this tender procedure should send them in writing via email ad- dressed to [email protected] (This email address must not be used to submit a tender!). Any such questions must mention the tender reference shown in point 1 above and must be submit - ted on or before the 15 December 2017 at 24:00 hours (local time in The Netherlands). The Contract- ing Authority must reply to all tenderers' questions no later than the 25 December 2017 at 24:00 hours (local time in The Netherlands). Eventual clarifications or changes to the tender documents shall be forwarded to all prospective tenderers no later than the 25 December 2017 at 24:00 hours (local time in The Netherlands).

19. Deadline for submission of tenders 5 January 2018 at 12:00 hours (local time in The Netherlands). Any tender received by the Contract- ing Authority after this deadline will not be considered.

20. Tender opening session 9 January 2018 at 15:00 hours (local time in The Netherlands). The tender opening session will be held at the following location: Kosovo Specialist Chambers

3rd Floor – Meeting room # H3098 Saturnusstraat 9 2516 AD The Hague KSCR/PROC/2017/0012 ERP Solution – Contract Notice 3 The Netherlands

21. Language of the procedure All written communications for this procedure and contract must be in English.

22. Legal basis Council Decision (CFSP)2017/973; EU Grant Contract CFSP/2017/16/Kosovo Specialist Chambers; Article 4 Kosovo Law No.05/L-053; Article 6 Agreement between the Kingdom of The Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in The Netherlands (Art. 4 of the related Interim Agreement).

KSCR/PROC/2017/0012 ERP Solution – Contract Notice 4 TENDER DOSSIER

KSCR/PROC/2017/0012 ERP SOLUTION

PART A

INSTRUCTIONS TO TENDERERS A. INSTRUCTIONS TO TENDERERS

TENDER REF.: KSCR/PROC/2017/0012

By submitting a tender, tenderers fully and unreservedly accept the special and general conditions governing the contract as the sole basis of this tendering procedure, whatever their own conditions of sale may be, which they hereby waive. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender dossier. Failure to submit a tender containing all the required information and documentation within the deadline specified will lead to the rejection of the tender. No account can be taken of any remarks in the tender relating to the tender dossier; remarks may result in the immediate rejection of the tender without further evaluation.

These Instructions set out the rules for the submission and selection of tenders, as well as for the im - plementation of any contract resulting from this tender procedure, in conformity with the Practical Guide (available on the Internet at: http://ec.europa.eu/europeaid/prag/document.do).

Suspensive clause Any contract resulting from this tender procedure will contain a suspensive clause whereby continuation of such contract beyond 14 June 2018 will be subject to and be conditional upon: (i) continuation or extension of the mandate of the Contracting Authority; (ii) prior adoption of a financing decision and the prior conclusion of a financing agreement for the Contracting Authority; (iii) availability of funds in the relevant budget line(s) of such financing agreement. If any of the above conditions are not satisfied, the contract shall be suspended with immediate effect and should the period of suspension exceed 90 days, the contract will automatically terminate.

1. Supplies to be provided

1.1 The subject of the contract is the supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC). Such ERP solution shall be delivered DAP4 at one of the following two locations as determined by the Contracting Authority in its sole discretion: - Delivery place (including installation, customization, implementation, testing and commissioning): Kosovo Specialist Chambers Saturnusstraat 9 2516 AD The Hague The Netherlands or Kosovo Specialist Chambers Raamweg 47 2596 HN The Hague The Netherlands 4 DAP (Delivered At Place) - Incoterms 2010 International Chamber of Commerce http://www.iccwbo.org/products-and-services/trade-facilitation/incoterms-2010/

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 1 The time limit for delivery shall be as follows: - Delivery schedule (including installation, customization, implementation, testing and commissioning): A maximum of 120 calendar days starting from the date of signature of the contract by all parties. 1.2 Such ERP solution must comply fully with the technical specifications and other requirements set out in Part B of this tender dossier (technical annex). 1.3 Tenderers are not authorised to quote for a variant solution in addition to the present tender.

2. Timeline

DATE TIME*

Launching of the tender 5 December 2017 –

Deadline for requesting clarifications from the 15 December 2017 24:00 hours Contracting Authority Last date on which clarifications are issued by the 25 December 2017 24:00 hours Contracting Authority

Deadline for submission of tenders 5 January 2018 12:00 hours

Tender opening session 9 January 2018 15:00 hours

Second fortnight of Notification of award** – January 2018 First fortnight of Signature of the contract** – February 2018

* All times are in the time zone of the country of the Contracting Authority. ** These dates are tentative and subject to change.

3. Participation

3.1 Participation in this tender is open without limitations to all natural and legal persons (participating either individually or in a grouping – consortium – of tenderers). Participation in this tender is also open to international organisations. 3.2 Natural or legal persons are not entitled to participate in this tender procedure or be awarded a contract if they are in any of the situations mentioned in Sections 2.3.3.1 or 2.3.3.2 of the Practical Guide. Should they do so, their tender will be considered unsuitable or irregular respectively. In the cases listed in Section 2.3.3.1 of the Practical Guide tenderers may also be excluded from EU financed procedures and be subject to financial penalties representing 2 % to 10 % of the total value of the contract in accordance with the conditions set in Section 2.3.4 of the Practical Guide. This information may be published on the Commission website in accordance with the conditions set in Section 2.3.4 of the Practical Guide. Tenderers must provide declarations that they are not in any of these exclusion situations. The declarations must cover all the members of a joint venture/consortium. Tenderers who

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 2 make false declarations may also incur financial penalties and exclusion in accordance with section 2.3.4 of the Practical Guide. Their tender will be considered irregular. The exclusion situations referred to above also apply to all members of a joint venture/consortium, all subcontractors and all suppliers to tenderers, as well as to all entities upon whose capacity the tenderer relies for the selection criteria. When requested by the Contracting Authority, tenderers/contractors must submit declarations from the intended subcontractors that they are not in any of the exclusion situations. In cases of doubt over declarations, the Contracting Authority will request documentary evidence that subcontractors are not in a situation that excludes them. 3.3 Tenderers may be required to prove to the satisfaction of the Contracting Authority that they comply with the necessary legal, technical and financial requirements and have the means to carry out the contract effectively. 3.4 Where tenders include subcontracting, it is recommended that the contractual arrangements between tenderers and their subcontractors include mediation, according to national and international practices, as a method of dispute resolution.

4. Origin

Supplies sought under this tender procedure may originate from any country.

5. Type of contract(s)

Lump sum (supply contract).

6. Currency

Tenders must be presented in Euro (EUR)5.

7. Lots

This tender procedure is not divided into lots.

8. Period of validity

8.1 Tenderers will be bound by their tenders for a period of 90 calendar days from the deadline for submission of tenders.

8.2 In exceptional cases and prior to the expiry of the original tender validity period, the Contracting Au- thority may ask tenderers in writing to extend this period by 40 days. Such requests and the responses to them must be made in writing. Tenderers that agree to do so will not be permitted to modify their tenders and they are bound to extend the validity of their tender guarantees (if required) for the revised period of validity of the tender. If they refuse, without forfeiture of their tender guarantees (if required), their participation in the tender procedure will be terminated. In case the Contracting Au- thority is required to obtain the recommendation of the panel referred to in section 2.3.3.1 of the Prac- tical Guide, the Contracting Authority may, before the validity period expires, request an extension of the validity of the tenders up to the adoption of that recommendation. 8.3 The successful tenderer will be bound by its tender for a further period of 60 calendar days. The further period is added to the validity period irrespective of the date of notification.

5 The currency in which the tender is submitted shall be the currency of the contract and of payment.

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 3 9. Language of tenders

9.1 The tenders, all correspondence and documents related to the tender exchanged by the tenderer and the Contracting Authority must be written in the language of the procedure which is English. If the supporting documents are not written in one of the official languages of the European Union, a translation into the language of the procedure must be attached. Where the documents are in an official language of the European Union other than English, it is strongly recommended to provide a translation into English, to facilitate evaluation of the documents. In case of divergences between the texts, the English version shall prevail

10. Submission of tenders

10.1 The Contracting Authority must receive the tenders before the deadline specified in Article 10.3 below. They must include all the documents specified in Article 11 of these Instructions and they must be hand-delivered6 in person or through a courier service to the following address: Kosovo Specialist Chambers

Procurement Unit Saturnusstraat 9 2516 AD The Hague The Netherlands

Please note that the physical address of the Kosovo Specialist Chambers is not being serviced by the local post office and, although such option is likely to become available sometime in the future, submission of tenders through regular mail is not allowed for now and until further notice.

Tenders must comply with the following conditions:

10.2 All tenders must be submitted in one original, marked “original”, and two copies signed in the same way as the original and marked “copy”.

10.3 All tenders must be submitted to the Kosovo Specialist Chambers (Saturnusstraat 9, 2516 AD The Hague, The Netherlands) before 12:00 hours (local time in The Netherlands) on 5 January 2018. They must be submitted against a dated and signed receipt given by a staff member of the Procure- ment Unit.

10.4 All tenders, including annexes and all supporting documents, must be submitted in a sealed envelope bearing only: a) the address specified in Article 10.1 above; b) the reference number of this tender procedure (KSCR/PROC/2017/0012); c) where applicable, the number of the lot(s) tendered for; d) the words “Not to be opened before the tender opening session”; e) the name of the tenderer.

The technical and financial offers must be placed together in a sealed envelope. The envelope should then be placed in another single sealed envelope/package, unless their volume requires a separate submission.

11. Content of tenders

Failure to fulfil the below requirements will constitute an irregularity and may result in rejection of the tender. All tenders submitted must comply with the requirements in the tender dossier and comprise:

6 Monday to Friday (excluding KSC official holidays) between 8:30 am and 5:30 pm.

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 4 Part 1: Technical offer:

 A detailed description of the supplies and related services offered which shall conform to the specifications contained in the technical annex, together with any documentation required.

The technical offer should be presented as per template (Annex II+III, the Contractor’s technical offer) adding separate sheets for details if necessary.

 An electronic copy of the technical offer referred to in the previous point (CD, DVD or USB flash drive).

Part 2: Financial offer:

 A financial offer calculated on a basis of DAP7 for the supplies tendered.

This financial offer should be presented as per template (Annex IV, budget) adding separate sheets for details if necessary.

Part 3: Documentation:

To be supplied using the templates provided in this tender dossier (also available on http://ec.europa.eu/europeaid/prag/document.do):

 The “Tender Form for a Supply Contract”, together with its Appendix 1 'Declaration of honor on exclusion criteria and selection criteria', both duly completed, which includes the tenderer’s declaration (point 7) (from each member if a consortium);

 The details of the bank account into which payments should be made (financial identification form) (Tenderers that have already signed another contract with the European Commission or the Kosovo Specialist Chambers may provide a copy of the financial identification form furnished on that occasion, if no change has occurred in the meantime);

 The legal entity form and the supporting documents (Tenderers that have already signed another contract with the European Commission or the Kosovo Specialist Chambers may provide a copy of the legal entity sheet furnished on that occasion, if no change in legal status has occurred in the meantime).

To be supplied in free-text format:

 Duly authorized signature: an official document (statutes, power of attorney, notary statement, etc.) proving that the person who signs on behalf of the tenderer is duly authorized to do so;

 A copy of the tenderer’s business registration certificate.

12. Taxes and other charges

Exemption of taxes: The Kingdom of The Netherlands and the Republic of Kosovo have agreed in Ar- ticle 15.2 of their Agreement of 15-02-2016 concerning the Hosting of the Kosovo Relocated Special- ist Judicial Institution in The Netherlands (of which The Kosovo Specialist Chambers is part) to fully exonerate the following taxes: a) import and export taxes and duties; b) value added tax paid on goods and services supplied on a recurring basis or involving considerable expenditure.

7 DAP (Delivered At Place) – Incoterms 2010 International Chamber of Commerce – http://www.iccwbo.org/incoterms/

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 5 13. Additional information before the deadline for submission of tenders

The tender dossier should be so clear that tenderers do not need to request additional information during the procedure. If the Contracting Authority, on its own initiative or in response to a request from a prospective tenderer, provides additional information on the tender dossier, it must make available such information in writing to all other prospective tenderers at the same time.

Tenderers may submit questions in writing to the following email address on or before the 15 December 2017 at 24:00 hours (local time in The Netherlands), specifying the tender reference number and the contract title: [email protected]

The Contracting Authority has no obligation to provide clarifications after this date.

Any clarification of the tender dossier will be communicated simultaneously in writing to all prospective tenderers no later than the 25 December 2017 at 24:00 hours (local time in The Netherlands).

Any prospective tenderers seeking to arrange individual meetings with either the Contracting Authority and/or the European Commission during the tender period may be excluded from the tender procedure.

14. Clarification meeting / Site visit

14.1. No information meetings and/or site visits are planned.

15. Alteration or withdrawal of tenders

15.1 Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders referred to in Article 10.3. No tender may be altered after this deadline. Withdrawals must be unconditional and will end all participation in the tender procedure.

15.2 Any such notification of alteration or withdrawal must be prepared and submitted in accordance with Article 10. The outer envelope must be marked 'Alteration' or 'Withdrawal' as appropriate.

15.3 No tender may be withdrawn in the interval between the deadline for submission of tenders referred to in Article 10.3 and the expiry of the tender validity period.

16. Costs of preparing tenders

No costs incurred by the tenderer in preparing and submitting the tender are reimbursable. All such costs will be borne by the tenderer.

17. Ownership of tenders

The Contracting Authority retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them.

18. Joint venture or consortium

18.1 If a tenderer is a joint venture or consortium of two or more persons, the tender must be a single one with the object of securing a single contract, each person must sign the tender and will be jointly and severally liable for the tender and any contract. Those persons must designate one of their members to act as leader with authority to bind the joint venture or consortium. The composition of the joint venture or consortium must not be altered without the prior written consent of the Contracting Authority.

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 6 18.2 The tender may be signed by the representative of the joint venture or consortium only if it has been expressly so authorised in writing by the members of the joint venture or consortium, and the authorising contract, notarial act or deed must be submitted to the Contracting Authority in accordance with point 11 of these Instructions to Tenderers. All signatures to the authorising instrument must be certi- fied in accordance with the national laws and regulations of each party comprising the joint venture or consortium together with the powers of attorney establishing, in writing, that the signatories to the tender are empowered to enter into commitments on behalf of the members of the joint venture or consortium. Each member of such joint venture or consortium must provide the proof required under point 16 of the Contract Notice as if it, itself, were the tenderer.

19. Opening of tenders

19.1 The opening and examination of tenders is for the purpose of checking whether the tenders are complete, whether the required documents have been properly included and whether the tenders are gener- ally in order.

19.2 The tenders will be opened in public session at 15:00 hours (local time in The Netherlands) on 9 January 2018 at the following location: Kosovo Specialist Chambers

3rd Floor – Meeting room # H3098 Saturnusstraat 9 2516 AD The Hague The Netherlands Tenderers’ representatives that intend to participate to the public opening are kindly requested to inform the Contracting Authority at least 24 hours in advance by sending an e-mail to the following address: [email protected] The outcomes of the tender opening session will be recorded and made available to tenderers on request.

19.3 At the tender opening, the tenderers' names, the tender prices, any discount offered (if applicable), written notifications of alteration and withdrawal, the presence of the requisite tender guarantee (if required) and such other information as the Contracting Authority may consider appropriate may be announced.

19.4 After the public opening of the tenders, no information relating to the examination, clarification, evaluation and comparison of tenders, or recommendations concerning the award of the contract can be disclosed until after the contract has been awarded.

19.5 Any attempt by tenderers to influence the evaluation committee in the process of examination, clarification, comparison and scoring of tenders, to obtain information on how the procedure is progressing or to influence the Contracting Authority in its decision concerning the award of the contract will result in the immediate rejection of their tenders.

19.6 All tenders received after the deadline for submission specified in these Instructions will be kept by the Contracting Authority. The associated guarantees (if required) will be returned to the tenderers. No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not be evaluated.

20. Evaluation of tenders

20.1 Examination of the administrative conformity of tenders

The aim at this stage is to check that tenders comply with the essential requirements of the tender dossier. A tender is deemed to comply if it satisfies all the conditions, procedures and specifications in the tender dossier without substantially departing from or attaching restrictions to them.

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 7 Substantial departures or restrictions are those which affect the scope, quality or execution of the contract, differ widely from the terms of the tender dossier, limit the rights of the Contracting Authority or the tenderer's obligations under the contract or distort competition for tenderers whose tenders do comply. Decisions to the effect that a tender is not administratively compliant must be duly justified in the evaluation minutes.

If a tender does not comply with the tender dossier, it will be rejected immediately and may not subsequently be made to comply by correcting it or withdrawing the departure or restriction.

20.2 Technical evaluation

After analyzing the tenders deemed to comply in administrative terms, the evaluation committee will rule on the technical admissibility of each tender, classifying it as technically compliant or non- compliant.

The minimum qualifications required (see selection criteria in point 16 of the Contract Notice) are to be evaluated at the start of this stage.

Where contracts include after-sales service and/or training, the technical quality of such services will also be evaluated by using yes/no criteria as specified in the tender dossier.

A tenderer may be required to conduct a no-cost proof of concept exercise for the KSC. This should help the KSC to better evaluate the ERP solution being offered and to make a fully informed decision as to whether or not such solution can be applied to meet its business requirements.

20.3 In the interests of transparency and equal treatment and to facilitate the examination and evaluation of tenders, the evaluation committee may ask each tenderer individually for clarification of its tender including breakdown(s) of price(s), within a reasonable time limit to be fixed by the evaluation committee. The request for clarification and the response must be in writing, but no change in the price or substance of the tender may be sought, offered or permitted except as required to confirm the correc- tion of arithmetical errors discovered during the evaluation of tenders pursuant to Article 20.4. Any such request for clarification must not distort competition. Decisions to the effect that a tender is not technically compliant must be duly justified in the evaluation minutes.

20.4 Financial evaluation

a) Tenders found to be technically compliant will be checked for any arithmetical errors in computa- tion and summation. Errors will be corrected by the evaluation committee as follows:

- where there is a discrepancy between amounts in figures and in words, the amount in words will be the amount taken into account;

- except for lump-sum contracts, where there is a discrepancy between a unit price and the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will be the price taken into account.

b) Amounts corrected in this way will be binding on the tenderer. If the tenderer does not accept them, its tender will be rejected.

c) Unless specified otherwise, the purpose of the financial evaluation process is to identify the tenderer offering the lowest price. Where specified in the technical specifications, the evaluation of tenders may take into account not only the acquisition costs but, to the extent relevant, costs borne over the life cycle of the supplies (such as for instance maintenance costs and operating costs), in line with the technical specifications. In such case, the Contracting Authority will examine in detail all the information supplied by the tenderers and will formulate its judgment on the basis of the lowest total cost, including additional costs.

20.5 Variant solutions

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 8 Variant solutions will not be taken into consideration.

20.6 Award criteria

The compliant tender that offers the best quality-price ratio will be chosen. The best quality-price ratio is established by weighing technical quality against price on an 80/20 basis.

21. Signature of the contract and performance guarantee

21.1 The successful tenderer will be informed in writing that its tender has been accepted (notification of award). Before the Contracting Authority signs the contract with the successful tenderer, the successful tenderer may be required to provide the documentary proof or statements required under the law of the country in which the company (or each of the companies in case of a consortium) is effectively established, to show that it is not in any of the exclusion situations listed in section 2.3.3 of the Practical Guide. This evidence or these documents or statements must carry a date not earlier than one year before the date of submission of the tender. In addition, a statement must be provided that the situations described in these documents have not changed since then. 21.2 The successful tenderer may also be required to provide evidence of the financial and economic standing and professional and technical capacity according to the selection criteria for this tender procedure specified in point 16 of the Contract Notice. The documentary proofs required are listed in section 2.4.11 of the Practical Guide. 21.3 If the successful tenderer fails to provide the documentary proof or statement or the evidence of the financial and economic standing and the professional and technical capacity within 15 calendar days of receiving a request from the Contracting Authority or if the successful tenderer is found to have provided false information, the award will be considered null and void. In such a case, the Contracting Authority may award the tender to the next lowest tenderer or cancel the tender procedure. The Contracting Authority may waive the obligation of any tenderer to submit the documentary evidence referred to above if such evidence has already been submitted for the purposes of another procurement procedure, provided that the issue date of the documents does not exceed one year and that they are still valid. In this case, the tenderer must declare on his/her honor that the documentary evidence has already been provided in a previous procurement procedure and confirm that his/her situation has not changed. The Contracting Authority may, at its sole discretion, decide not to require the documentary proof of the selection criteria specified in point 16 of the Contract Notice, but in that case no pre-financing will be granted. By submitting a tender, each tenderer accepts to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the Contracting Authority sends it to the electronic address referred to in the offer. 21.4 The Contracting Authority reserves the right to vary quantities specified in the tender by +/- 100 % at the time of contracting and during the validity of the contract. The total value of the supplies may not, as a result of the variation rise or fall by more than 25 % of the original financial offer in the tender. The unit prices quoted in the tender shall be used. 21.5 Within 30 calendar days of receipt of the contract signed by the Contracting Authority, the selected tenderer must sign and date the contract and return it, with the performance guarantee (if applicable), to the Contracting Authority. On signing the contract, the successful tenderer will become the Con- tractor and the contract will enter into force. 21.6 If it fails to sign and return the contract and any financial guarantee required within 30 calendar days after receipt of notification, the Contracting Authority may consider the acceptance of the tender to be cancelled without prejudice to the Contracting Authority’s right to get hold of any guarantee that be- comes seizeable, claim compensation or pursue any other remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the Contracting Authority. 21.7 The performance guarantee referred to in the General Conditions is set at 5% of the amount of the contract and must be presented using the model included in Part C of this tender dossier. It will be

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 9 released within 45 days of the issue of the final acceptance certificate by the Contracting Authority, except for any proportion assigned to after-sales service.

22. Tender guarantee

No tender guarantee is required.

23. Ethics clauses

23.1 Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or the Contracting Authority during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of their tender and may result in administrative penalties. 23.2 Without the Contracting Authority’s prior written authorisation, a Contractor and its staff or any other company with which the Contractor is associated or linked may not, even on an ancillary or subcontracting basis, supply other services, carry out works or supply equipment for the project. This prohibi- tion also applies to any other projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Contractor. 23.3. When submitting a tender, tenderers must declare that they are not affected by a conflict of interest and have no equivalent relation in that respect with other tenderers or parties involved in the project. Should such a situation arise during execution of the contract, the Contractor must immediately inform the Contracting Authority. 23.4 Contractors must at all times act impartially and as faithful advisers in accordance with the code of conduct of their profession. They will refrain from making public statements about the project or services without the Contracting Authority’s prior approval. They may not commit the Contracting Au- thority in any way without its prior written consent. 23.5 For the duration of the contracts Contractors and their staff must respect human rights and undertake not to offend the political, cultural and religious mores of the beneficiary state. In particular and in ac - cordance with the legal basic act concerned, tenderers that have been awarded contracts must abide by core labour standards as defined in the relevant International Labour Organisation conventions (such as the Conventions on freedom of association and collective bargaining; Abolition of forced and compulsory labour; Elimination of forced and compulsory labour; Abolition of child labour). 23.6 Contractors may accept no payment connected with the contracts other than that provided for therein. Contractors and their staff must not exercise any activity nor receive any advantage inconsistent with their obligations to the Contracting Authority. 23.7 Contractors and their staff are obliged to maintain professional secrecy for the entire duration of contracts and after their completion. All reports and documents drawn up or received by Contractors will be confidential. 23.8 The contract governs the Contracting Parties’ use of all reports and documents drawn up, received or presented by them during the implementation of the contract. 23.9 Contractors must refrain from any relationship likely to compromise their independence or that of their staff. If the Contractor ceases to be independent, the Contracting Authority may, regardless of injury, terminate the contract without further notice and without the Contractor having any claim to compensation. 23.10 The Commission reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process and if the Contracting Authority fails to take all appropriate measures to remedy the situation. For the purposes of this provision, ‘corrupt practices’ are the offer of a bribe, gift, gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a contract or implementation of a contract already concluded with the Contracting Authority. 23.11 All tenders will be rejected or contracts terminated if it emerges that the award or implementation of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses are com-

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 10 missions not mentioned in the main contract or not stemming from a properly concluded contract re- ferring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has any appearance of being a front company. 23.12 The Contractor undertakes to supply the Commission on request with all supporting documents relating to the conditions of the contract’s execution. The Commission may carry out whatever documentary or on-the-spot checks it deems necessary to find evidence in cases of suspected unusual commercial expenses. 23.13 Contractors found to have paid unusual commercial expenses on projects funded by the EU are liable, depending on the seriousness of the facts observed, to have their contracts terminated or to be perman - ently excluded from receiving EU funds. 23.14 The Contracting Authority reserves the right to suspend or cancel the procedure, if the award procedure proves to have been subject to substantial errors, irregularities or fraud. Where such substantial errors, irregularities or fraud are discovered after the award of the Contract, the Contracting Authority may refrain from concluding the Contract.

24. Cancellation of the tender procedure

If a tender procedure is cancelled, tenderers will be notified by the Contracting Authority. If the tender procedure is cancelled before the tender opening session the sealed envelopes will be returned, unopened, to the tenderers.

Cancellation may occur where, for example, if:

 The tender procedure has been unsuccessful, namely where no suitable, qualitatively or financially acceptable tender has been received or there has been no valid response at all;  The economic or technical parameters of the project have changed fundamentally;  Exceptional circumstances or force majeure render normal implementation of the project impossi- ble;  All technically acceptable tenders exceed the financial resources available;  There have been substantial errors, irregularities or frauds in the procedure, in particular where these have prevented fair competition;  The award is not in compliance with sound financial management, i.e. does not respect the principles of economy, efficiency and effectiveness (e.g. the price proposed by the tenderer to whom the contract is to be awarded is objectively disproportionate with regard to the price of the market).

In no event will the Contracting Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits, in any way connected with the cancellation of a tender procedure even if the Contracting Authority has been advised of the possibility of damages. The launch of a tender procedure does not commit the Contracting Authority to imple- ment the programme or project announced

25. Appeals

Tenderers believing that they have been harmed by an error or irregularity during the award process may file a complaint. See section 2.4.15 of the Practical Guide at http://ec.europa.eu/europeaid/prag/document.do

KSCR/PROC/2017/0012 ERP Solution – Instructions to Tenderers 11 TENDER DOSSIER

KSCR/PROC/2017/0012 ERP SOLUTION

PART B

DRAFT CONTRACT & SPECIAL CONDITIONS

GENERAL CONDITIONS

TECHNICAL SPECIFICATIONS & TECHNICAL OFFER

BUDGET (FINANCIAL OFFER)

LEGAL ENTITY FORM & FINANCIAL IDENTIFICATION FORM DRAFT CONTRACT SUPPLY CONTRACT FOR EUROPEAN UNION EXTERNAL ACTIONS CONTRACT N°: KSCR/CONT/2017/XXX – ERP SOLUTION FINANCED FROM THE EU GENERAL BUDGET

Kosovo Specialist Chambers Saturnusstraat 9 2516 AD The Hague The Netherlands (“the Contracting Authority”)

of the one part, and

[Legal status/title] [Official registration number] [Full official address] [VAT number], (“the Contractor”)

of the other part, have agreed as follows:

Contract for the supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC)

Tender Reference Nº: KSCR/PROC/2017/0012

Article 1 Subject

1.1 The subject of this contract is the supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC). Such ERP solution shall be delivered DAP8 at one of the following two locations as determined by the Contracting Authority in its sole discretion: - Delivery place (including installation, customization, implementation, testing and commissioning): Kosovo Specialist Chambers Saturnusstraat 9 2516 AD The Hague The Netherlands or

8 DAP (Delivered At Place) - Incoterms 2010 International Chamber of Commerce http://www.iccwbo.org/products-and-services/trade-facilitation/incoterms-2010/

KSCR/PROC/2017/0012 ERP Solution – Contract agreement 1 Kosovo Specialist Chambers Raamweg 47 2596 HN The Hague The Netherlands

The time limit for delivery shall be as follows: - Delivery schedule (including installation, customization, implementation, testing and commissioning): A maximum of 120 calendar days starting from the date of signature of the contract by all parties. 1.2 The Contractor shall comply strictly with the provisions contained in this contract and its annexes.

Article 2 Origin

The rules of origin of the goods are defined in Article 10 of the Special Conditions.

Article 3 Price

3.1 As shown on the financial offer (specimen in Annex IV), the total maximum contract price shall be ______Euro (EUR). 3.2 Payments shall be made in accordance with both the Special and the General Conditions (Articles 26 to 28).

Article 4 Order of precedence of contract documents

The contract is made up of the following documents, in order of precedence:

– the Contract agreement; – the Special conditions; – the General conditions (Annex I); – the Technical specifications and their associated data flow diagrams (Annex II) (including clarifications before the deadline for submission of tenders, if any); – the Technical offer (Annex III) (including clarifications from the tenderer provided during tender evaluation, if any); – the Budget (Financial offer) (Annex IV); – the Legal entity form (Annex Va) and the Financial identification form (Annex Vb).

The various documents making up the contract shall be deemed to be mutually explanatory. In cases of ambiguity or divergence, they shall prevail in the order in which they appear above.

KSCR/PROC/2017/0012 ERP Solution – Contract agreement 2 Done in English in two (2) originals, one (1) original being for the Contracting Authority and one (1) original being for the Contractor.

For the Contractor For the Contracting Authority

Name: Name:

Title: Title:

Signature: Signature:

Date: Date:

KSCR/PROC/2017/0012 ERP Solution – Contract agreement 3 SPECIAL CONDITIONS CONTENTS

These conditions amplify and supplement, if necessary, the General Conditions governing the contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions. In exceptional cases, and with the authorisation of the appropriate European Commission departments, other clauses may be added to cover specific situations.

KSCR/PROC/2017/0012 ERP Solution – Special Conditions 1 Article 2 Language of the contract

2.1 The language used shall be English.

Article 4 Communications

4.1 Any written communication relating to this contract between the Contracting Authority and/or the Project Manager, on the one hand, and the Contractor, on the other, must state the title and reference number of the contract, and must be sent in English by post or by e-mail to the following addresses:

For the Contracting Authority: The Kosovo Specialist Chambers P.O. Box 47 2501 CA The Hague The Netherlands POC: Title: Tel: Email:

For the Contractor: [Full address + POC details]

Article 9 General obligations

9.9 Article 9.9 of the General Conditions shall be replaced by: “In relation to the specific safety, security, confidentially and secrecy requirements of the Contracting Authority and its staff, the Contractor shall limit visibility to the financial contribution of the European Union to the absolute minimum and essential, as directed by the Contracting Authority.”

Article 10 Origin

10.1 No restriction applies or is envisaged as to the origin of the supplies.

Article 11 Performance guarantee

The amount of the performance guarantee shall be ….. Euros (EUR), equivalent to 5% of the total contract value specified in Article 3 of the Contract Agreement.

Article 12 Liabilities and Insurance

12.1a) By way of derogation from Article 12.1a), paragraph 2, of the General Conditions, compensation for damage to the supplies resulting from the Contractor’s liability in respect of the Contracting Authority is capped at an amount equal to the total contract value specified in Article 3 of the Contract Agreement.

KSCR/PROC/2017/0012 ERP Solution – Special Conditions 2 Article 16 Tax and customs arrangements

16.1 Exemption of taxes: The Kingdom of The Netherlands and the Republic of Kosovo have agreed in Article 15.2 of their Agreement of 15-02-2016 concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in The Netherlands (of which The Kosovo Specialist Chambers is part) to fully exonerate the following taxes: a) import and export taxes and duties; b) value added tax paid on goods and services supplied on a recurring basis or involving considerable expenditure.

Article 18 Commencement order

18.1 The implementation of the tasks shall commence upon signature of this contract by all parties.

Article 19 Period of implementation of tasks

19.1 A maximum of 120 calendar days starting from the date of signature of this contract by all parties.

Article 23 Suspension

23.8 Continuation of this contract beyond 14 June 2018 will be subject to and be conditional upon: (i) continuation or extension of the mandate of the Contracting Authority; (ii) prior adoption of a financing decision and the prior conclusion of a financing agreement for the Contracting Authority; (iii) availability of funds in the relevant budget line(s) of such financing agreement. If any of the above conditions are not satisfied, the contract shall be suspended with immediate effect and should the period of suspension exceed 90 days, the contract will automatically terminate.

Article 26 General principles for payments

26.1 Payments shall be made in Euro (EUR) and shall be authorized by the Registrar of the KSC or by any other person to whom this power has been delegated.

26.2 In addition to Article 26.2 of the General Conditions, in case of bank charges for bank transfers, if and when such are charged by the bank(s), the costs of the transfer shall be borne in the following way: (a) cost of dispatch, charged by the bank of the Contracting Authority, shall be borne by the Contracting Authority; (b) cost of receipt, charged by the bank of the Contractor, shall be borne by the Contractor; (c) all costs of a repeated transfer, if and when the need for repayment is caused by one of the parties, shall be borne by the party causing repetition of the transfer.

26.5 If an advance payment is to be made under this contract: - It shall not exceed the 40% of the contract’s total value; - It shall be subject to submission by the Contractor of enough evidence proving that it satisfies all selection criteria for this tender procedure specified in point 16 of the Contract Notice.

KSCR/PROC/2017/0012 ERP Solution – Special Conditions 3 Payments are also subject to submission by the Contractor of the relevant invoice in its original hardcopy format. No pre-financing guarantee shall be required by derogation from article 26.5 of the General Conditions.

Article 32 Warranty obligations

32.6 The ERP solution being purchased under this contract shall come with a one-year warranty9 against any performance, reliability or security defects not caused by staff from the KSC or by a third party. The remedy shall include fixing the defects, replacing the entire ERP solution, or refunding the KSC the whole amount paid to the Contractor (in all cases, within 30 calendar days of the Contractor receiving notice of any such defects).

Article 40 Settlement of disputes

40.4 Article 40.4 of the General Conditions shall be replaced by: “Any dispute arising out of or relating to this contract which cannot be settled otherwise shall be settled finally by arbitration in accordance with the Permanent Court of Arbitration (“PCA”) Arbitration Rules 2012 at the request of either party. The parties hereby agree that the arbitral proceedings shall be limited to one arbitrator and the legal seat of the arbitration be in The Hague. Article 9.7 (confidentiality of information or documents) of the General Conditions shall extend to the settlement of disputes proceedings.”

Article 41 Applicable law

41.1 Article 41.1 of the General Conditions shall be replaced by: “This contract shall be governed by the substantive law of The Netherlands. Nothing in or relating to this contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the Kosovo Specialist Chambers.”

9 Starting from the date of provisional acceptance of the ERP solution by the Contracting Authority.

KSCR/PROC/2017/0012 ERP Solution – Special Conditions 4 ANNEX I: GENERAL CONDITIONS

FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN UNION OR BY THE EUROPEAN DEVELOPMENT FUND

PLEASE SEE THE PDF FILE THAT IS ATTACHED TO THIS DOCUMENT

THE GENERAL CONDITIONS CAN ALSO BE DOWNLOADED FROM THE EUROPEAID WEBSITE USING THE FOLLOWING LINK:

http://ec.europa.eu/europeaid/prag/annexes.do?group=C

(Form Nº C4e)

ANNEX II + III: TECHNICAL SPECIFICATIONS + TECHNICAL OFFER

Contract title: Supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC) Tender reference nº: KSCR/PROC/2017/0012

Columns 1-2 should be completed by the Contracting Authority Columns 3-4 should be completed by the Tenderer Column 5 is reserved for the Evaluation Committee

Annex III - the Tenderer's technical offer The Tenderers are requested to complete the template on the next pages:  Column 2 is completed by the Contracting Authority and shows the required specifications (not to be modified by the Tenderer).  Column 3 is to be filled in by the Tenderer and must detail what is offered (for example the words “compliant” or “yes” are not sufficient).  Column 4 allows the Tenderer to make comments on its proposed supply and to make eventual references to the documentation.

Tenders must be clear enough to allow the evaluation committee to make an easy comparison between the features, functions and capabilities of the ERP system sought and the features, functions and capabilities of the ERP system offered. Tenders that do not permit to identify precisely the features, functions and capabilities of the ERP system offered may be rejected without further consideration of their merits and suitability.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 1 ERP SOLUTION

1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

1 General Security

The system must only be accessible by 1.1 authenticated users. Mandatory requirement.

The system must offer granular role-based authorization that ensures that only those with a need to access certain [meta]data 1.2 will be able to access that data via the fields/tables/forms/modules of the system. Mandatory requirement. The system should offer a capability to establish default roles [nested] for user 1.3 types for easy roll-out of groups of users. Medium priority requirement. The system should offer an integrated access management and authorization 1.4 interface. Medium priority requirement. The system should allow for flexible [customizable] security classifications [aka 1.5 'protective markings'] and show these classifications in its output. Low priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 2 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should offer comprehensible reporting that articulates the security 1.6 implications of giving a user access to fields/tables/forms/modules. High priority requirement. The system must capture and retain a comprehensive and secured audit trail of 1.7 actions, configuration changes and user transactions [logging]. Mandatory requirement. The system must offer reporting capabilities that enable the analysis of its 1.8 comprehensive logging. Mandatory requirement. The system should have a capability to encrypt at the database level as well as at 1.9 the form or table level. High priority requirement. The system should have a capability to run critical processes (payroll, grades) first in 1.10 audit mode. Low priority requirement. The system should have a capability to specify additional fields to have 1.11 configurable audit trails. Low priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 3 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system must have no features that require that users, no matter what their role 1.12 is, be given access to the underlying database, host or middleware. Mandatory requirement. The system should able to detect and flag combinations of sensitive transaction codes 1.13 [to support the detection of an incorrect segregation of duties]. Medium priority requirement. The system should have a dedicated emergency access mechanism, guarded by 1.14 approval and compliance mechanism for out-of-bound transactions. High priority requirement. The system should not offer any unnecessary enabled application features to 1.15 its users. High priority requirement.

The system should be able to report on its 1.16 own version and patch history. Medium priority requirement.

2 Technical Requirements

All elements of the solution must run on- 2.1 premise. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 4 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system must be able to authenticate users using Single Sign ON (SSO) And 2.2 Microsoft LDAP. Mandatory requirement. The system should offer to cease access to the system without ceasing access to the 2.3 network or Microsoft LDAP. High priority requirement. The system must not use clear text nor hard coded passwords and LDAP passwords 2.4 must not be stored within system databases. Mandatory requirement.

The system should query the LDAP server 2.5 when authentication is required. Mandatory requirement.

The system should be able to function in a virtualized environment (VMware) and run 2.6 on Windows platforms, databases and management tools. Mandatory requirement. The system should integrate with Microsoft Office 2016, Microsoft mail and 2.7 calendaring functions (MS Exchange 2016 and Outlook 2016). Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 5 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system must use a Web GUI interface with ability to customize the standard look and feel through common standards, 2.8 supporting - fully functionally - Chrome and Internet Explorer. Mandatory requirement. The system offered should be extensible and allow for customization using well- 2.9 know, common, well supported and well documented development frameworks. Mandatory requirement. The system should not offer open remote management interfaces for external 2.10 management by the vendor. High priority requirement. General Financial & Budgetary Func- 3 tionality The system must provide a General Ledger and Financial statements (Balance 3.1 sheet/Statement of Position, P&L/Statement of Activities, Cash flow, etc.). Mandatory requirement.

The system should provide a Budget 3.2 Ledger. Mandatory requirement.

The system should provide a Commitments 3.3 Ledger. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 6 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide Treasury 3.4 management functionality. Mandatory requirement.

The system should provide Multicurrency capability, and allow different 3.5 configurations of currency conversion. Mandatory requirement. The system should provide flexible reporting capabilities based on available 3.6 data (budget consumption and total expenditure per budget line, etc.). High priority requirement.

The system should provide Cost Centre 3.7 functionality. High priority requirement.

The system should support at least two different types of commitments: budgetary commitment (purchase authorization; 3.8 internal) and legal commitment (purchase order / external) as well as a budget amendment field. Mandatory requirement.

The accounting module must be based on a 3.9 double entry method. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 7 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should allow for the account of expenditure on a cash basis (cash 3.10 accounting) as well as accrual basis (commitment accounting). Mandatory requirement. The system should allow online submitting and approval control (e-signature) for commitment expenditure (CEP), Purchase 3.11 Orders and Payments with clear defined segregation of duties allowing for multiple layers of approval. High priority requirement.

The system should provide consolidation 3.12 capability. Mandatory requirement.

The system should allow the use of multiple separate independent budget cycles for the same entity, namely to allow payments 3.13 against a previous year’s budgets when already in a different budget year. Mandatory requirement. The system should allow expenditure to be analysed against Budget – by budget line, 3.14 by Project/Task Manager. High priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 8 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should allow expenditure to be analysed against CEP (Commitment Expenditure Proposal), that is, Purchase 3.15 Orders by Project/Task Manager, by Unit and by Cost Centre. Mandatory requirement. The system should support a funds availability check for approval of expenditure and payments, that is, budget 3.16 less commitments and budget less commitments and payments. High priority requirement.

The system should provide Cash flow 3.17 management functionality. High priority requirement.

The system should allow the management of expenditure for different internal 3.18 structures (each with a separate budget) and allocation of common costs. High priority requirement. The system should allow the use of the same CEP number in PO functionality and 3.19 Payments. Mandatory requirement.

The system should provide warning for 3.20 delays or overspends. High priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 9 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should be adaptable for non- manufacturing and non-profit 3.21 organizations. High priority requirement. The system must provide for the integration of electronic transmissions of payroll with 3.22 the Finance module. Mandatory requirement. The system should provide for the integration of the travel module with the 3.23 Finance module. Mandatory requirement.

4 Accounts Payable and Receivable

The system must provide Accounts Payable 4.1 and Accounts Receivable functionality. Mandatory requirement.

The system should allow several payments (final or partial) against respective 4.2 commitments. Mandatory requirement.

The system should allow for VAT inclusive 4.3 or exclusive prices and for VAT recovery. Mandatory requirement.

The system should allow to control and 4.4 monitor ongoing services from suppliers. High priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 10 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should allow for suppliers’ 4.5 reconciliation. Mandatory requirement.

The system should allow, control and monitor advances to suppliers and 4.6 employers. Mandatory requirement.

5 Treasury

The system should allow receivable automatic bank reconciliation and 5.1 clearance. Mandatory requirement.

The system should Interface to the banking 5.2 online system (currently ABN Amro). High priority requirement.

The system should provide Cash ledger / 5.3 cash report and summary cash reports. Mandatory requirement.

The system should allow the management of several imprest accounts / petty cash 5.4 accounts. Mandatory requirement.

The system should allow the management 5.5 of debit and credit cards use. Medium priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 11 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should allow the uploading of 5.6 bank statements in data format. Mandatory requirement.

The system should support different payment transactions (cash, debit card, 5.7 credit card, bank transfer). Mandatory requirement. The system should request, approve and recover advances automatically with 5.8 integration to Accounts Payable. High priority requirement.

6 Budget

The system should allow for separate budgets running simultaneously for different time periods not always coinciding 6.1 with calendar year with separate bank accounts and costs structure. Mandatory requirement.

The system should support budget 6.2 preparation. High priority requirement.

The system should allow for budget 6.3 monitoring and adjustment (reallocations). High priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 12 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should allow forecasting of expenditures based on different drivers (payroll – date of deployment/HR, running 6.4 expenditures – average consumptions, assets – expected payment date, etc.). Medium priority requirement.

7 HR Recruitment

The system should manage the complete 7.1 applicant on-line workflow. Medium priority requirement.

The system should be able to import and parse CVs, automatically converts CVs to a desired template, quickly generate suitable 7.2 candidate lists for specific roles. Automatically generate reference checks, start-date notifications and new contracts. Medium priority requirement. The system should facilitate the scheduling of interviews and provide calendar 7.3 integration. Medium priority requirement. The system should permit E-Recruitment and allow integration with or be linked to 7.4 from the Specialist Chambers’ web site. Medium priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 13 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should generate SMS, email and telephone communications individually or in bulk; Set up automatic 7.5 communications at key milestones; Keep track of communications. Medium priority requirement. The system should provide for collaborative Recruiting. Assign Different Stages, sending tests through the system, Create & Delegate Tasks, Share Candidates with 7.6 Team Members, Share Notes & Evaluations Internally, Attach Documents to Candidates, Manage User Roles & Permissions. Medium priority requirement.

The system should provide recruitment 7.7 monitoring and reporting tools. Medium priority requirement.

8 Automated Payroll System

The system should support budgeted, organisations's post structure and post 8.1 management and its automated reporting. Mandatory requirement.

The system must hold employee details and 8.2 basic employment information. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 14 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system must allow configurable payroll calculations and processing, different 8.3 frequency and multiple budget types. Mandatory requirement.

The system must produce statutory reports 8.4 and end of budget returns. Mandatory requirement.

The system should provide electronic pay 8.5 slips. Mandatory requirement.

The system must manage employee pay, allowances and benefits (medical, pension, 8.6 etc.) and other voluntary deductions. Mandatory requirement. The system should manage statutory maternity, adoption and paternity payments, 8.7 occupational maternity and sick leaves / pay. Mandatory requirement. The system should manage Expenses processing, expenses payments / 8.8 reimbursements to employees. High priority requirement. The system should manage different work shifts, night differential and on-call 8.9 payments as may be required. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 15 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system must support different categories of employees and different 8.10 individual grades/steps. Mandatory requirement.

The system should support one-off 8.11 entitlements. Mandatory requirement.

The system should support payroll 8.12 separation procedures. Mandatory requirement.

The system should support different pay 8.13 periods (monthly, bi-weekly, etc.). Mandatory requirement.

The system should support retroactive 8.14 adjustments. Mandatory requirement.

9 Performance Management

The system should automate and streamline the performance review process including 9.1 probation process. High priority requirement.

The system should provide automated 9.2 notification of pending or past due reviews. High priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 16 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should permit automated 9.3 uploading of employee data. High priority requirement.

The system should allow customized 9.4 review periods. Medium priority requirement.

The system should permit automatice workflow approvals and allows for 9.5 comments. High priority requirement. The system should permit goal management, enable goals to be aligned throughout the organization, created and/or 9.6 cascaded down by manager and their progress tracked. High priority requirement. The system should incorporate multi-rater or 360 degree feedback in the evaluation 9.7 process. Low priority requirement. The system should allow user defined performance rating (such as ratings of 1 to 9.8 5) or other configurations as may be required. High priority requirement.

10 Training

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 17 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should maintain up-to-date 10.1 training records for all staff. Low priority requirement.

The system should allow for tailored staff training and development plans, based on 10.2 role, personal development, key talent profiles and individual needs. Low priority requirement. The system should track the need for training for new and existing employees from the Personal Evaluation Report (Employee Evaluation), Top management 10.3 or Department Head (Planned) and/or training Centres calling for training (Unplanned). Low priority requirement. The system should obtain employees’ feedback on training via user-definable 10.4 online course evaluations, which can be delivered via email and Self-Service. Low priority requirement.

The system should provide automatic 10.5 training expiry calculation. Low priority requirement.

The system should create training 10.6 certificates. Low priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 18 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should manage training Courses, allow the creation of standard courses and ad-hoc courses, keep records of trainers and training providers (including contact details, events they have run in the 10.7 past and costs) and track important details of training classes (including subject, date, number of attendees, source of training, completion status, calendar, and costs). Low priority requirement.

The training module should provide 10.8 integration with HR and Finance modules. Low priority requirement.

11 Travel

The system should provide online travel management and potential to integrate to a 11.1 travel agency booking system used in- house. High priority requirement. The system should support different types of travel requests (Mission, Home leave, 11.2 Taking Office, etc.) and internal approval processes. Mandatory requirement. The system should support multiple cost type by travel type (DSA, Meal, 11.3 Transportation, Hotel, etc.). Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 19 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should incorporate travel data booked by the traveller directly into system 11.4 with seamless integration into most travel management company’s booking systems. Mandatory requirement. The system should allow travel administrators to book on behalf of 11.5 travellers, or for travellers to book themselves (self service). High priority requirement. The system should provide the ability to book domestic, and point to point international trips, linked Flights, 11.6 accommodation, insurance, hire car and airport transfers. High priority requirement.

The system should provide a mass booking 11.7 functionality. High priority requirement.

The system should provide multi-tier pre- trip approval workflow, and submit pre-trip 11.8 authorizations which are approved based on configurable business rules and controls. High priority requirement. The system should provide integration with expense management and other modules of the system, and provide finance staff with 11.9 visibility into travel and expense spending, travel frequency, and supplier costs. High priority requirement. KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 20 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should control costs and manage suppliers with real-time visibility before spend actually happens, providing split expense entries to multiple grants and 11.10 budget lines by amount or percentage, including unique descriptions for each portion of the split expense. Mandatory requirement.

The system should allocate pre-approvals to 11.11 multiple expense reports over time. High priority requirement.

The system should provide automatic 11.12 expense reporting. Mandatory requirement.

The system should highlight duty of care capabilities, namely locating potential 11.13 danger zones and political status updates. Medium priority requirement.

The system should provide travel agency 11.14 support. Medium priority requirement.

The system should permit cancellation 11.15 management. Medium priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 21 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should generate automatic alerts when the traveller’s request is outside 11.16 the set per-diem limits. High priority requirement. The system should customize per-diem rules and expense policies based on 11.17 institutional requirements with an embedded rules engine. High priority requirement.

The system should support multiple 11.18 booking files for one trip. High priority requirement.

The system should provide access to all trip components whether they were booked 11.19 online or imported by the travel agent. High priority requirement.

12 Leave

The system must provide leave 12.1 management and leave accounting. Mandatory requirement.

The system must manage multiple leave policies and entitlements such AL/CTO, maternity/paternity/ 12.2 compassionate/leave/special leave with pay, sick leave. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 22 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should allow employee self- service functions to follow the approval of 12.3 an agreed workflow process. Mandatory requirement.

The system should allow resource planning 12.4 and provide a unit leave calendar. High priority requirement.

The system must calculate accurate leave 12.5 balances. Mandatory requirement.

The system must provide automated accrual 12.6 calculations and resets. Mandatory requirement.

The system should provide integration with 12.7 other HR modules. High priority requirement.

The system should permit electronic leave 12.8 requests & approvals. Mandatory requirement.

The system should generate comprehensive 12.9 leave reports. Mandatory requirement.

13 General HR

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 23 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide self-service 13.1 portals for key functions. Medium priority requirement.

The system should support the capture of employee details in addition to adding new employees. This feature saves employee 13.2 information such as Employee name, address, and e-mail address. Mandatory requirement.

The system should create organizational 13.3 charts. Medium priority requirement.

The system should support generation of contract extension, appointment 13.4 notifications and separation in accordance with contract type using templates. Medium priority requirement.

The system should support the electronic 13.5 submission of check out forms. Low priority requirement.

14 Procurement

The system should provide integration between Purchase Order module / Procure- 14.1 to-pay and Finance modules. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 24 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide “Procure to Pay” functional requirement. (no e- Procurement system required, because all procurement and tender form templates are 14.2 taken from the EU central repository on the web. No importation of such forms required). Mandatory requirement. The system should allow transferring the Requisition to Purchase Order requirements 14.3 at the line-item level. Mandatory requirement. The system should allow an item-catalogue (for example EU or UN) to be uploaded 14.4 into the system. Low priority requirement. The system should provide a Vendor database (independent, or as part of the 14.5 general “payee” database in the Finance Module). Medium priority requirement.

The system should provide an automatic 14.6 unique PO-number generator. Medium priority requirement.

The system should provide Multi-step multi-user Requisition and Purchase Order issuance, review, approval and “assign 14.7 workload” modalities, including delegation options. Medium priority requirement. KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 25 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide Creation of Requisition where, ideally, the Requisition approval by the Requestor a/o Budget 14.8 reviewer encumbers the funds from the main budget; allow PO approval to obligate the funds from the main budget. High priority requirement. The system should provide Receipt & Inspection for individual quantities per individual line-items per Purchase Order 14.9 (ideally linked directly to the inventory/asset modules); allow Multi- receipt on same PO. Medium priority requirement. The system should allow Funds and accounts availability re-check at PO 14.10 approval stage. Medium priority requirement. The system should provide General reporting capabilities, such as PO’s per 14.11 period, per vendor, per budget line, per item-catalogue sort, per Buyer, and/or etc. Medium priority requirement.

The system should provide Recurring 14.12 contract monitoring/administration module. Low priority requirement.

The system should provide Invoice matching capability into the Finance 14.13 module. Medium priority requirement. KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 26 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide a Contract Tracking Tool /database / register, including basic tasks related to administration and monitoring / tracking 14.14 tool (i.e. contract duration, start and end date, value, expiry, renewal, expenditure tracker) for one-off and recurring contracts. Low priority requirement. Ideally, but optionally, the system can link multiple PO’s that relate to the same 14.15 recurring project. Low priority requirement. Ideally, but optionally, the system allows documents to be uploaded and attached to 14.16 the electronic Requisition at the creation stage. Low priority requirement. Ideally, but optionally, the system allows documents to be uploaded and attached to 14.17 the electronic PO after the approval. Low priority requirement. Ideally, but optionally, the system allows multiple Requisition lines to be merged into 14.18 one PO line if related to the same purchase item. Medium priority requirement. Ideally, but optionally, the system can be connected to or communicate with an email 14.19 program like Outlook, to send notification emails triggered by certain actions. Low priority requirement. KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 27 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

More a receipt and accounting issue, but the system allows PO matching between the 14.20 electronic information entered by Finance related to invoices received. Medium priority requirement. Facility management and general Ser- 15 vices The system should provide Integration between fixed assets/ inventory/Asset Management and Finance module/Access 15.1 to relevant fields of the general staff database. Medium priority requirement.

16 Asset Management/Inventory

The system should provide warehouse and inventory control, and monitor complete 16.1 asset life-cycle from procurement to disposal. High priority requirement. The system should provide purchasing and vendor management, and allow for paper- based and online forms to move seamlessly 16.2 from purchasing to receiving to accounts payable. Medium priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 28 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide demand planning, using past sales data or forecasts to develop demand plans; create models to see what effect anticipated sales and 16.3 purchase orders could have on future inventory levels; make supply plans that trigger purchase or work orders automatically. Low priority requirement. The system should provide physical Count/adjustments and Audit Trail for Inventory Adjustments, and process simple 16.4 or complexed physical count adjustments with ease. Low priority requirement.

The system should allow Stock transfer 16.5 from one location to another with ease. Medium priority requirement.

The system should Record the asset’s cost 16.6 information. Mandatory requirement.

The system should Track depreciation on 16.7 fixed assets. High priority requirement.

The system should Connect with barcode readers to update the asset audit 16.8 information. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 29 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should attach the contractual details of the asset, including lease, 16.9 software agreements. High priority requirement.

The system should provide alerts on 16.10 maintenance schedules. Medium priority requirement.

The system should provide the information where this asset is located physically and 16.11 organizationally. Mandatory requirement.

The system should provide a chain of 16.12 custody for the asset throughout its life. High priority requirement.

The system should record the asset’s physical information, e.g. model, serial 16.13 number, specs, manufacturer. Mandatory requirement. The system should record and update the people who have custody of the asset at any 16.14 point of time. Mandatory requirement. The system should provide alerts if the asset hasn’t been touched for a certain 16.15 period of time. Medium priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 30 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should support upward/downward revaluation, 16.16 retirement/disposal of assets, asset write- off, etc. Medium priority requirement. The system should allow for an exhaustive list of asset disposal options, including 16.17 reuse and redeployment, resell, and recycle. Medium priority requirement.

The system should be able to be reconciled 16.18 with the asset inventory database. Medium priority requirement.

The system should support attachment of certificates and disposal reports to the 16.19 assets. Medium priority requirement. The system should define Inspection regimes for Asset classes, types or even individual assets, and quickly and 16.20 automatically schedule inspections using the defined routines or manually where required. Medium priority requirement. The system should provide depreciation Calculation and Financial Asset 16.21 Management, including modelling of forecast depreciation. High priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 31 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should provide planned maintenance and support assets 16.22 maintenance management. Medium priority requirement. The system should provide centralization of purchasing and savings through bulk 16.23 purchasing. Medium priority requirement. The system should facilitate reporting on aspects of the inventory by different classifications, including a comprehensive range of standard reports: a full audit trail, 16.24 depreciation summary, asset register list, disposed asset summary, depreciation forecast, period transfers, period acquisitions, and physical audit report. Medium priority requirement. The system should email alerts on key events such as spare part storage thresholds, 16.25 disposals, capital acquisitions. Medium priority requirement. The system should allow the Help desk to instantly attach an asset to an incident to 16.26 facilitate quick resolution. Medium priority requirement. The system should support management of check-in and check-out of equipment to 16.27 staff members. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 32 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

17 Audit

The system should provide system audit 17.1 reports. Mandatory requirement.

The system should allow for the creation of defined audit plans and to manage audit 17.2 scheduling and audit calendar (for internal and external audits). High priority requirement. The system should facilitate the carrying out the internal audit including the 17.3 provision of various reports and search possibilities. Mandatory requirement.

The system should provide non- 17.4 conformance isolation and reports. Low priority requirement.

18 Risk Management

The system should facilitate the documentation of financial, operational, 18.1 regulatory and security controls, including their owners and their frequency. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 33 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should facilitate periodic risk assessments, including streamlined set-up and execution of assessment questionnaires 18.2 with reusable questions, response sets and question templates. Medium priority requirement.

19 Information Governance

The system must allow the capture of email and electronic records to evidence business 19.1 processes. Mandatory requirement.

The system must facilitate business 19.2 continuity and disaster recovery. Mandatory requirement.

The system must generate a unique ID 19.3 number for documents and transactions. Mandatory requirement.

Data, content and reports must be exportable to standard formats (e.g. xls, 19.4 CSV, XML). Mandatory requirement. Vendor shall provide the comprehensive datamodel and desciption to allow for 19.5 custom reporting and coging. Mandatory requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 34 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

All custom made functionally must be fully 19.6 documented. Mandatory requirement.

20 Services

The system should include migration of 20.1 pre-exisiting data (excel spreadsheets). Mandatory requirement.

The configuration and tailorization of the system to the needs of the KSC shall be 20.2 included. Mandatory requirement. The system should include concrete and tailored procedures and advice on the implementation of the configuration 20.3 management processes, including transport management and patch & notes management processes. High priority requirement. The solution must include a description of the process steps and work flows in the 20.4 system. Mandatory requirement. The system should include concrete, tailored and relevant advice on Database 20.5 Security, OS Security and Integration Security settings. Medium priority requirement.

KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 35 1. 2. 3. 4. 5. Item # Specifications Required Specifications Offered Notes/Remarks/Ref to Documentation Evaluation Committee’s Notes [to be completed by the tenderer] [to be completed by the tenderer when necessary]

The system should include a specification of the time required for configuration (if 20.6 any), implementation and user training. Low priority requirement.

Delivery timeline (including installation, customization, implementation, testing and commissioning ): A maximum of 120 calendar days starting from the date of signature of the relevant contract by all parties. Place of delivery (DAP) 10 (including installation, customization, implementation, testing and commissioning ): One of the following two locations as determined by the Contracting Authority in its sole discretion: Kosovo Specialist Chambers – Saturnusstraat 9 – 2516 AD The Hague – The Netherlands or Kosovo Specialist Chambers – Raamweg 47 – 2596 HN The Hague – The Netherlands. Warranty coverage: The ERP solution shall come with a one-year warranty11 against any performance, reliability or security defects not caused by staff from the KSC or by a third party. The remedy shall include fixing the defects, replacing the entire ERP solution, or refunding the KSC the whole amount paid to the Contractor (in all cases, within 30 calendar days of the Contractor receiving notice of any such defects). License rights: The Contracting Authority shall retain perpetual license rights to use, install and access the purchased version of the ERP software without an active subscription for it.

10 DAP (Delivered At Place) – Incoterms 2010 International Chamber of Commerce – http://www.iccwbo.org/incoterms/ 11 Starting from the date of provisional acceptance of the ERP solution by the Contracting Authority. KSCR/PROC/2017/0012 ERP Solution – Technical Specifications & Technical Offer 36 DATA FLOW DIAGRAMS

PLEASE SEE THE PDF FILE THAT IS ATTACHED TO THIS DOCUMENT

KSCR/PROC/2017/0012 ERP Solution – Data Flow Diagrams 1 ANNEX IV: Budget (Financial offer)

TENDER REFERENCE Nº: KSCR/PROC/2017/0012 NAME OF TENDERER: <………………………>

Total price in € (All-inclusive lump sum) [to be completed by the tenderer]

Supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC)*. As per the specifications provided in the Technical offer document (Annex II + III to the Contract agreement).

Access to technical support and to any upgrades, patches and bug fixes that may become available for the purchased version of the ERP software over a period of 12 consecutive months.

GRAND TOTAL (€)

* Including perpetual license rights to use, install and access the purchased version of the ERP software without an active subscription for it.

The price quoted must be free of VAT and other taxes

KSCR/PROC/2017/0012 ERP Solution – Budget (Financial offer) 1 KSCR/PROC/2017/0012 ERP Solution – Legal Entity Form (Private Company) 1 KSCR/PROC/2017/0012 ERP Solution – Legal Entity Form (Private Company) 2 KSCR/PROC/2017/0012 ERP Solution – Legal Entity Form (Public Company) 1 KSCR/PROC/2017/0012 ERP Solution – Legal Entity Form (Natural Person) 1 KSCR/PROC/2017/0012 ERP Solution – Financial Identification Form 1 TENDER DOSSIER

KSCR/PROC/2017/0012 ERP SOLUTION

PART C

ADMINISTRATIVE COMPLIANCE GRID

EVALUATION GRID

MODEL PERFORMANCE GUARANTEE

ADMINISTRATIVE COMPLIANCE GRID [To be completed by the evaluation committee]

Contract title: Supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Tender reference: KSCR/PROC/2017/0012 Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC)

Tender Name of Tenderer Other Tender Declarations Is Technical Are Subcontracting Other Overall envelope consortium package(s) duly present and documentation and selection statement in administrative decision? Nº members? sealed and tender complete and financial criteria accordance requirements (Accept / submitted submission language as offers met? with art 6 of of the tender (Y/N) Reject) within the form dully required? exist? the General dossier? (Y/N) deadline? filled out? Conditions? (Y/N) (Y/N) (Yes/No/Not (Y/N) (Y/N) (Yes/No/Not applicable) applicable)

Name Function Signature Date

Chairman

Secretary

Evaluator

KSCR/PROC/2017/0012 ERP Solution – Administrative Compliance Grid 1 EVALUATION GRID [To be completed by the evaluation committee]

SCORING METHOD – TECHNICAL OFFERS

Tenders will be first checked for compliance with the mandatory requirements set forth in the Technical offer document (Annex II + III). Tenderers who are not able to satisfy all such mandatory requirements will be dis- qualified right away. Tenderers meeting all mandatory requirements will automatically receive 48 points.

The technical offers will be assessed using the point system detailed in the table below. Only bids with technical scores of at least 75 points will qualify for the financial review. If no bid achieves 75 points or more, the tender procedure will be cancelled.

All mandatory requirements set forth in the Technical offer document (Annex II + III) are met without devia- 48 points tions, objections, conditionalities or reservations.

For each high priority requirement set forth in the 0.6 points per item Technical offer document (Annex II + III) that is met without deviations, objections, conditionalities or reser- (up to maximum vations. of 28.8 points)

For each medium priority requirement set forth in the 0.4 points per item Technical offer document (Annex II + III) that is met without deviations, objections, conditionalities or reser- (up to maximum vations. of 18.4 points)

For each low priority requirement set forth in the Tech- 0.2 points per item nical offer document (Annex II + III) that is met without (up to maximum deviations, objections, conditionalities or reservations. of 4.8 points)

MAXIMUM TOTAL POINTS 100 points

Out of the tenders reaching the 75-point threshold, the best technical offer will be awarded 100 points. The others will receive points calculated using the following formula: Technical score = (final score of the technical offer under consideration / final score of the best technical offer) x 100.

SCORING METHOD – FINANCIAL OFFERS

The price given in the Financial offer (Annex IV) will be divided by the number of requirements set forth in the Technical offer (Annex II + III) that are satisfied without deviations, objections, conditionalities or reservations.

The resulting quotient will be compared with the quotients obtained by the other tenders to determine its position on the financial ranking.

The tender with the lowest quotient will be deemed to have made the best financial offer and will be awarded 100 points. The others will receive points calculated using the following formula: Financial score = (lowest quotient / quotient obtained by the tender under consideration) x 100.

KSCR/PROC/2017/0012 ERP Solution – Evaluation Grid 1 COMPOSITE SCORE

The results of the tenders not eliminated during the technical review will be compounded with the results obtained in the financial review to identify which tender offers the best quality-price ratio. The best quality- price ratio is established by weighting quality against price on an 80/20 basis. In other words, the results obtained in the technical review carry the 80 percent of the final score while the results obtained in the financial review carry the remaining 20 percent. The tenderer scoring the highest number of points in the composite evaluation (technical quality + price) will be declared winner of the tender process and will be awarded the contract.

KSCR/PROC/2017/0012 ERP Solution – Evaluation Grid 2 MODEL PERFORMANCE GUARANTEE

To be completed on paper bearing the letterhead of the financial institution For the attention of refered to below as the “Contracting Authority”

Subject: Guarantee No Performance Guarantee for the full and proper execution of contract (please quote number and title in all correspondence) We the undersigned, , hereby irrevocably declare that we guarantee as primary obligor, and not merely as a surety on behalf of , hereinafter referred to as “the Contractor”, payment to the Contracting Authority of , representing the performance guarantee mentioned in Article 11 of the Special Conditions of the contract concluded between the Contractor and the Contracting Authority, hereinafter referred to as “the Contract”. Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written claim (sent by registered letter with confirmation of receipt) stating that the Contractor has failed to perform its contractual obligations fully and properly. We shall not delay the payment, nor shall we oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has been made. We accept notably that no amendment to the terms of the Contract can release us from our obligation under this guarantee. We waive the right to be informed of any change, addition or amendment to the Contract. We note that the guarantee will be released within 60 days of the issue of the final acceptance certificate (except for such part as may be specified in the Special Conditions in respect of after sales service). [and in any case at the latest on (at the expiry of 18 months after the period of implementation of the tasks)]12. The law applicable to this guarantee shall be that of The Netherlands. Any dispute arising out of or in connection with this guarantee shall be referred to the courts of The Netherlands. This guarantee shall enter into force and take effect upon its signature.

Done at [insert place], on [insert date]

Signature13: [Signature] Signature14: [Signature]

Name: Name:

[Function at the Financial [Function at the Financial Institution/Bank] Institution/Bank]

12 This mention has to be inserted only where required, for example where the law applicable to the guarantee imposes a precise expiry date or where the guarantor can justify that he is unable to provide such a guarantee without expiry date. 13 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed characters. 14 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed characters. KSCR/PROC/2017/0012 ERP Solution – Model Performance Guarantee 1 TENDER DOSSIER

KSCR/PROC/2017/0012 ERP SOLUTION

PART D

TENDER FORM FOR A SUPPLY CONTRACT D. TENDER FORM FOR A SUPPLY CONTRACT

Tender reference: KSCR/PROC/2017/0012

Title of contract: Supply, delivery, installation, customization, implementation, testing and commissioning of an off-the-shelf Enterprise Resource Planning (ERP) solution for the Kosovo Specialist Chambers (KSC)

A: Kosovo Specialist Chambers Procurement Unit Saturnusstraat 9 2516 AD The Hague The Netherlands

One signed form must be supplied together with the number of copies specified in the Instructions to Tenderers. The form must include a signed declaration using the annexed format from each legal entity making the application. Any additional documentation (brochure, letter, etc.) sent with the form will not be taken into consideration. Applications being submitted by a consortium (i.e. either a permanent, legal- ly-established grouping or a grouping which has been constituted informally for a specific tender procedure) must follow the instructions applicable to the consortium leader and its members. The attachments to this submission form (i.e. declarations, statements, proofs) may be in original or copy. If copies are submitted, the originals must be dispatched to the Contracting Authority upon request. For economical and ecological reasons, we strongly recommend that you submit your files on paper-based materials (no plastic folder or divider). We also suggest you use double-sided print-outs as much as possible. An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing a commitment on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator, as well as the relevant selec - tion criteria. With regard to professional and technical criteria, an economic operator may only rely on the capacities of other entities where the latter will supply the supplies or perform the works or services for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the con - tract.

1 SUBMITTED BY

Name(s) of tenderer(s) Nationality15

Leader16

Member

Etc …

15Country in which the legal entity is registered. 16Add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a member for the purposes of this tender procedure. Subsequently, the data of the subcontractor must not appear in the data related to the economic, financial and professional capacity. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as ‘leader’ (and all other lines should be deleted).

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 1 2 CONTACT PERSON (for this tender)

Name

Address

Telephone

Fax

E-mail

3 ECONOMIC AND FINANCIAL CAPACITY17

Please complete the following table of financial data18 based on your annual accounts and your latest projections. If annual accounts are not yet available for the current year or past year, please provide your latest estimates in the columns marked with **. Figures in all columns must be calculated on the same basis to allow a direct, year-on-year comparison to be made (or, if the basis has changed, an explanation of the change must be provided as a footnote to the table). Any clarification or explanation which is judged necessary may also be provided.

20 Past year 2 years Year Average (Estimate) before before Last Current (EUR) [Only if Financial data last last year annual year year19 year accounts are (Estimate) (EUR) not yet (EUR)** (EUR) (EUR) available] (EUR)**

Annual turnover21, excluding this contract

Current Assets22

Current Liabilities23

Current ratio (current assets/current liabilities)

17Natural persons have to prove their capacity in accordance with the selection criteria and by the appropriate means. 18If this application is submitted by a consortium, the data in the table above must be the sum of the data in the corresponding tables in the declarations provided by the consortium members — see point 7 of this tender form. Consolidated data are not requested for financial ratios. 19Last year = last accounting year for which the entity's accounts have been closed. 20Amounts entered in the ‘Average’ column must be the mathematical average of the amounts entered in the three preceding columns of the same row. 21The gross inflow of economic benefits (cash, receivables, other assets) arising from the ordinary operating activities of the enterprise (such as sales of goods, sales of services, interest, royalties, and dividends) during the year. 22A balance sheet account that represents the value of all assets that are reasonably expected to be converted into cash within one year in the normal course of business. Current assets include cash, accounts receivable, inventory, marketable securities, prepaid expenses and other liquid assets that can be readily converted to cash. 23A company's debts or obligations that are due within one year. Current liabilities appear on the company's balance sheet and include short term debt, accounts payable, accrued liabilities and other debts.

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 2 4 STAFF RESOURCES

Please provide the following personnel statistics for the current year and the two previous years.24

Annual Year before past Past year Current year Period average manpower year

Overall Relevant Overall Relevant Overall Relevant Overall Relevant fields25 fields11 fields11 fields11

Permanent staff 26

Other staff 27

Total

Permanent staff as a proportion % % % % % % % % of total staff (%)

24 If this tender is submitted by a consortium, the data in the table above must be the sum of the data in the corresponding tables in the declarations provided by the consortium members — see point 7 of this tender form. Consolidated data are not requested for financial ratios. 25 Corresponding to the relevant specialisms identified in point 5 below. 26 Staff directly employed by the Tenderer on a permanent basis (i.e. under indefinite contracts). 27 Other staff not directly employed by the Tenderer on a permanent basis (i.e. under fixed-term contracts).

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 3 5 FIELDS OF SPECIALISATION

Please use the table below to indicate the specialisms relevant to this contract of each legal entity making this tender, by using the names of these specialisms as the row headings and the name of the legal entity as the column headings. Show the relevant specialism(s) of each legal entity by placing a tick () in the box corresponding to those specialisms in which the legal entity has significant experience. [Maximum 10 specialisms]

Leader Member 2 Member 3 Etc …

Relevant specialism 1

Relevant specialism 2

Etc …284

28 4 Add / delete additional lines and/or rows as appropriate. If this tender is being submitted by an individual legal entity, the name of the legal entity should be entered as ‘Leader’ (and all other columns should be deleted).

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 4 6 EXPERIENCE

Please complete a table using the format below to briefly summarise the ERP projects executed successfully over the past 3 years295 by the legal entity or entities making this tender. The number of references to be provided must not exceed 15 for the entire tender

Ref # (maximum 15) Project title …

Name of legal entity Country Overall Proportion No of staff Name of Origin of Dates Name of members supply value supplied by provided client funding if any (EUR)16 legal entity (%)

… … … … … … … … …

Project description Related services provided

… …

29 5 In the case of framework contracts (without contractual value), only specific contracts corresponding to assignments implemented under such framework contracts will be considered. 6 Amounts actually paid, without the effect of inflation.

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 5 7 TENDERER’S DECLARATION(S) As part of their tender, each legal entity identified under point 1 of this form, including every consortium member, as well as each capacity-providing entity and each subcontractor providing more than 10% of the supplies, must submit a signed declaration using this format, together with the Declaration of honor on exclusion and selection criteria (Appendix 1). The declaration may be in original or in copy. If copies are submitted the originals must be dispatched to the Contracting Authority upon request. In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that: 1 We have examined and accept in full the content of the dossier for invitation to tender Nº KSCR/PROC/2017/0012. We hereby accept its provisions in their entirety, without reservation or restriction. 2 We offer to deliver, in accordance with the terms of the tender dossier and the conditions and time limits laid down, without reserve or restriction: 3 The price of our tender (excluding VAT) is: <…………………..> Euro (EUR) 4 This tender is valid for a period of 90 days from the final date for submission of tenders. 5 Our firm/company [and our subcontractors] has the following nationality: <…………………………………> 6 We are making this tender in our own right [as member in the consortium led by < name of the leader>] [ourselves]*. We confirm that we are not tendering for the same contract in any other form. [We confirm, as a member in the consortium, that all members are jointly and severally liable by law for the execution of the contract, that the lead member is authorised to bind, and receive instructions for and on behalf of, each member, that the execution of the contract, including payments, is the responsibility of the lead member, and that all members in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract’s execution]. [We confirm, as capacity-providing entity to be jointly and severally bound in respect of the obligations under the contract, including for any recoverable amount.] [* Delete as applicable] 7 In the event that our tender is successful, we undertake, if required, to provide the proof usual under the law of the country in which we are effectively established that we do not fall into any of the exclusion situations listed in section 2.3.3 of the Practical Guide. The date on the evidence or documents provided will be no earlier than 1 year before the date of submission of the tender and, in addition, we will provide a statement that our situation has not altered in the period which has elapsed since the evidence in question was drawn up. We also undertake, if required, to provide evidence of financial and economic standing and professional and technical capacity according to the selection criteria for this tender procedure specified in point 16 of the Contract Notice. The documentary proofs required are listed in Section 2.4.11 of the Practical Guide. We also understand that if we fail to provide the proof/evidence required, within 15 calendar days after receiving the notification of award, or if the information provided is proved false, the award may be considered null and void. 8 We agree to abide by the ethics clauses in Clause 23 of the Instructions to Tenderers and, in particular, have no conflict of interests or any equivalent relation which may distort competition with other tenderers or other parties in the tender procedure at the time of the submission of this application.

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 6 9 We will inform the Contracting Authority immediately if there is any change in the above circumstances at any stage during the implementation of the tasks. We also fully recognise and accept that any inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts funded by the EU/EDF. 10 We note that the Contracting Authority is not bound to proceed with this invitation to tender and that it reserves the right to award only part of the contract. It will incur no liability towards us should it do so. 11 We fully recognise and accept that if the above-mentioned persons participate in spite of being in any of the situations listed in Section 2.3.3.1 of the Practical Guide or if the declarations or information provided prove to be false, they may be subject to rejection from this procedure and to administrative sanctions in the form of exclusion and financial penalties representing 2 % to 10 % of the total estimated value of the contract being awarded and that this information may be published on the Commission website in accordance with the conditions set in Section 2.3.4 of the Practical Guide. 12 We are aware that, for the purposes of safeguarding the EU’s financial interests, our personal data may be transferred to internal audit services, to the Early Detection and Exclusion System, to the European Court of Auditors, to the Financial Irregularities Panel or to the European Anti-Fraud Office.

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 7 If this declaration is being completed by a consortium member: The following table contains our financial data as included in the consortium’s tender form. These data are based on our annual audited accounts and our latest projections. Estimated figures (i.e. those not included in annual audited accounts) are given in italics. Figures in all columns have been provided on the same basis to allow a direct, year-on-year comparison to be made .

6 Past year 2 years Year Average (Estimate) before before Last Current (EUR) [Only if Financial data last last year annual year year5 year accounts are (Estimate) (EUR) not yet (EUR)** (EUR) (EUR) available] (EUR)**

Annual turnover7, excluding this contract

Current Assets8

Current Liabilities9

Current ratio (current assets/current liabilities)

5 Last year = last accounting year for which the entity's accounts have been closed. 6 Amounts entered in the ‘Average’ column must be the mathematical average of the amounts entered in the three preceding columns of the same row. 7 The gross inflow of economic benefits (cash, receivables, other assets) arising from the ordinary operating activities of the enterprise (such as sales of goods, sales of services, interest, royalties, and dividends) during the year. 8 A balance sheet account that represents the value of all assets that are reasonably expected to be converted into cash within one year in the normal course of business. Current assets include cash, accounts receivable, inventory, marketable securities, prepaid expenses and other liquid assets that can be readily converted to cash. 9 A company's debts or obligations that are due within one year. Current liabilities appear on the company's balance sheet and include short term debt, accounts payable, accrued liabilities and other debts.

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 8 The following table contains our personnel statistics as included in the consortium’s tender form:

Annual Year before past Past year Current year Period average manpower year

Overall Relevant Overall Relevant Overall Relevant Overall Relevant fields11 fields11 fields11 fields11

Permanent staff12

Other staff13

Total

Permanent staff as a proportion % % % % % % % % of total staff (%)

Yours faithfully

Name and first name: <………………………………………………>

Duly authorised to sign this tender on behalf of: <………………………………………………>

Place and date: <………………………………………………>

Signature:

Stamp of the firm/company:

This tender includes the following annexes:

[Numbered list of annexes with titles]

APPENDIX 1 – DECLARATION OF HONOR ON EXCLUSION AND SELECTION CRITERIA

11 Corresponding to the relevant specialisms identified in point 5 above. 12 Staff directly employed by the Tenderer on a permanent basis (i.e. under indefinite contracts). 13 Other staff not directly employed by the Tenderer on a permanent basis (i.e. under fixed-term contracts).

KSCR/PROC/2017/0012 ERP Solution – Tender Form for a Supply Contract 9 TENDER DOSSIER

KSCR/PROC/2017/0012 ERP SOLUTION

APPENDIX 1

DECLARATION OF HONOR ON EXCLUSION AND SELECTION CRITERIA

10 Declaration of honor on exclusion criteria and selection criteria

The undersigned [insert name of the signatory of this form], representing:

(only for natural persons) (only for legal persons) the following legal person: himself or herself ID or passport number: Full official name: Official legal form: (‘the person’) Statutory registration number: Full official address: VAT registration number:

(‘the person’)

I – SITUATION OF EXCLUSION CONCERNING THE PERSON

(1) declares that the above-mentioned person is in one of the following YES NO situations: (a) it is bankrupt, subject to insolvency or winding up procedures, its assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, its business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under national legislation or regulations; (b) it has been established by a final judgement or a final administrative decision that the person is in breach of its obligations relating to the payment of taxes or social security contributions in accordance with the law of the country in which it is established, with those of the country in which the Contracting Authority is located or those of the country of the performance of the contract; (c) it has been established by a final judgement or a final administrative decision that the person is guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which the person belongs, or by having engaged in any wrongful conduct which has an impact on its professional credibity where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following: (i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfilment of selection criteria or in the performance of a contract; (ii) entering into agreement with other persons with the aim of distorting competition; (iii) violating intellectual property rights;

(iv) attempting to influence the decision-making process of the Contracting Authority during the award procedure; (v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure; (d) it has been established by a final judgement that the person is guilty of the following:

KSCR/PROC/2017/0012 ERP Solution – Declaration of Honor on Exclusion and Selection Criteria 1

1 (i) fraud, within the meaning of Article 1 of the Convention on the protec- tion of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995; (ii) corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of EU Member States, drawn up by the Council Act of 26 May 1997, and in Article 2(1) of Council Framework Decision 2003/568/JHA, as well as corruption as defined in the legal provisions of the country where the Contract- ing Authority is located, the country in which the person is established or the country of the performance of the contract; (iii) participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA; (iv) money laundering or terrorist financing, as defined in Article 1 of Di- rective 2005/60/EC of the European Parliament and of the Council; (v) terrorist-related offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA, respectively, or inciting, aiding, abetting or attempting to commit such offences, as referred to in Article 4 of that Decision; (vi) child labour or other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council; (e) the person has shown significant deficiencies in complying with the main obligations in the performance of a contract financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by an Authorising Officer, OLAF or the Court of Auditors; (f) it has been established by a final judgment or final administrative decision that the person has committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95; (g) for the situations of grave professional misconduct, fraud, corruption, other criminal offences, significant deficiencies in the performance of the contract or irregularity, the applicant is subject to: i.facts established in the context of audits or investigations carried out by the Court of Auditors, OLAF or internal audit, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body; ii.non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics; iii.decisions of the ECB, the EIB, the European Investment Fund or international organisations; iv.decisions of the Commission relating to the infringement of the Union's competition rules or of a national competent authority relating to the infringement of Union or national competition law; or v.decisions of exclusion by an authorising officer of an EU institution, of a European office or of an EU agency or body.

KSCR/PROC/2017/0012 ERP Solution – Declaration of Honor on Exclusion and Selection Criteria 2

2 II – SITUATIONS OF EXCLUSION CONCERNING NATURAL PERSONS WITH POWER OF REPRESENTATION, DECISION-MAKING OR CONTROL OVER THE LEGAL PERSON

Not applicable to natural persons, Member States and local authorities

(2) declares that a natural person who is a member of the administrative, management or supervisory body of the above-mentioned legal person, YES NO N/A or who has powers of representation, decision or control with regard to the above-mentioned legal person (this covers company directors, members of management or supervisory bodies, and cases where one natural person holds a majority of shares) is in one of the following situations: Situation (c) above (grave professional misconduct)

Situation (d) above (fraud, corruption or other criminal offence)

Situation (e) above (significant deficiencies in performance of a contract )

Situation (f) above (irregularity)

III – SITUATIONS OF EXCLUSION CONCERNING NATURAL OR LEGAL PERSONS ASSUMING UNLIMITED LIABILITY FOR THE DEBTS OF THE LEGAL PERSON

(3) declares that a natural or legal person that assumes unlimited liability for the debts of the above-mentioned legal person is in one of the YES NO N/A following situations: Situation (a) above (bankruptcy) Situation (b) above (breach in payment of taxes or social security contributions)

IV – GROUNDS FOR REJECTION FROM THIS PROCEDURE

(4) declares that the above-mentioned person: YES NO (h) has distorted competition by being previously involved in the preparation of procurement documents for this procurement procedure.

V – REMEDIAL MEASURES

If the person declares one of the situations of exclusion listed above, it must indicate measures it has taken to remedy the exclusion situation, thus demonstrating its reliability. This may in-

KSCR/PROC/2017/0012 ERP Solution – Declaration of Honor on Exclusion and Selection Criteria 3

3 clude e.g. technical, organisational and personnel measures to prevent further occurrence, compensation of damage or payment of fines. The relevant documentary evidence which il- lustrates the remedial measures taken must be provided in annex to this declaration. This does not apply for situations referred in point (d) of this declaration.

VI – EVIDENCE UPON REQUEST

Upon request and within the time limit set by the Contracting Authority the person must provide information on the persons that are members of the administrative, management or supervisory body. It must also provide the following evidence concerning the person itself and concerning the natural or legal persons which assume unlimited liability for the debt of the person:

For situations described in (a), (c), (d) or (f), production of a recent extract from the judicial record is required or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of establishment of the person showing that those requirements are satisfied.

For the situation described in point (a) or (b), production of recent certificates issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the person is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. Where any document described above is not issued in the country concerned, it may be replaced by a sworn statement made before a judicial authority or notary or, failing that, a solemn statement made before an administrative authority or a qualified professional body in its country of establishment.

The person is not required to submit the evidence if it has already been submitted for another procurement procedure. The documents must have been issued no more than one year before the date of their request by the Contracting Authority and must still be valid at that date.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document Full reference to previous procedure Insert as many lines as necessary.

VII – SELECTION CRITERIA

(5) declares that the above-mentioned person complies with the selection criteria applicable to it individually as provided in the YES NO N/A Tender Dossier: (a) It has the legal and regulatory capacity to pursue the professional activity needed for performing the contract as required in point 16 of the Contract Notice. (b) It fulfills the applicable economic and financial criteria indicated in point 16 of the Contract Notice.

KSCR/PROC/2017/0012 ERP Solution – Declaration of Honor on Exclusion and Selection Criteria 4

4 (c) It fulfills the applicable professional and technical criteria indicated in point 16 of the Contract Notice. (6) if the above-mentioned person is the sole tenderer or the leader in case of joint tender, declares that: YES NO N/A (d) the tenderer, including all members of the group in case of joint tender and including subcontractors if applicable, complies with all the selection criteria for which a consolidated asseessment will be made as provided in the tender specifications.

VII – EVIDENCE FOR SELECTION

The signatory declares that the above-mentioned person is able to provide the necessary supporting documents listed in the relevant sections of the tender specifications and which are not available electronically upon request and without delay.

The signatory declares that the person has already provided the documentary evidence for a previous procedure and confirms that there has been no change in its situation:

Document Full reference to previous procedure Insert as many lines as necessary.

The above-mentioned person may be subject to rejection from this procedure and to administrative sanctions (exclusion or financial penalty) if any of the declarations or information provided as a condition for participating in this procedure prove to be false.

Full name Date Signature

KSCR/PROC/2017/0012 ERP Solution – Declaration of Honor on Exclusion and Selection Criteria 5