Supply Contract Notice

SUPPLY CONTRACT NOTICE

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

The Hague – The Netherlands

1. Tender reference

KSCR/PROC/2017/0012.

1. Procedure

Local open tender.

1. Programme title

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

1. Financing

EU Grant Contract CFSP/2017/16/Kosovo Specialist Chambers

1. Contracting authority

The Kosovo Specialist Chambers (KSC).

CONTRACT SPECIFICATIONS

1. 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.

1. 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 Chambers (KSC).

TERMS OF PARTICIPATION

1. 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.

1. 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. Number of tenders

Tenderers should submit only one tender.Tenderers should not submit a tender for a variant solution in addition to their tenderfor the supplies covered by this tender dossier.

1. Tender guarantee

No tender guarantee is required.

1. 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.

1. Information meeting and/or site visit

No information meetings and/or site visits are planned.

1. Tender validity

Tenders must remain valid for a period of 90 days after thedeadline 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).

1. Period of implementation of tasks

Within 120 calendar days after signature of the relevant contract by all parties.

SELECTION AND AWARD CRITERIA

1. 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 Supply 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 Contractthat 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 than100,000.00 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 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.

1. Award criteria

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

TENDERING

1. 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 addressed to (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 submitted on or before the 15 December 2017 at 24:00 hours (local time in The Netherlands). The Contracting 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 the25 December 2017 at 24:00 hours (local time in The Netherlands).

1. Deadline for submission of tenders

5 January 2018 at 12:00 hours (local time in The Netherlands). Any tender received by the Contracting Authority after this deadline will not be considered.

1. 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

The Netherlands

1. Language of the procedure

All written communications for this procedure and contract must be in English.

1. 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 1

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 implementation of any contract resulting from this tender procedure,in conformity with the Practical Guide (available on the Internet at:).

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.Suppliesto be provided

1.1The 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 DAP[4] 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

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.

1.2Such ERP solution must comply fully with the technical specifications and other requirements set out in Part B of this tender dossier (technical annex).

1.3Tenderers 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 Contracting Authority / 15 December 2017 / 24:00 hours
Last date on which clarifications are issued by the Contracting Authority / 25 December 2017 / 24:00 hours
Deadline for submission of tenders / 5 January 2018 / 12:00 hours
Tender opening session / 9 January 2018 / 15:00 hours
Notification of award** / Second fortnight of January 2018 / –
Signature of the contract** / First fortnight of 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

3.1Participation 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.

3.2Natural 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 Guidetenderers 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 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 tendererrelies 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.

3.3Tenderers 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.

3.4Where 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

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

8.2 In exceptional cases and prior to the expiry of the original tender validity period, the Contracting Authority 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 Authority is required to obtain the recommendation of the panel referred to in section 2.3.3.1 of the Practical 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.

9. Language of tenders

9.1The 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

10.1The 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-delivered[6]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 Chambersis 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:

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

10.3All tendersmust be submitted to the Kosovo Specialist Chambers (Saturnusstraat 9, 2516 AD The Hague, The Netherlands) before12:00 hours (local time in The Netherlands) on5 January 2018.They must be submitted against a dated and signed receipt given by a staff member of the Procurement Unit.

10.4All 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:

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: