EBA欧洲银行-Open-Tender-Clarifications-for-publication-3_13页_229kb

Open Tender Clarifications 3 Summary

Core Content Overview

This document provides clarifications regarding the European Banking Authority (EBA) tender for the supply of training services (Lots 1-4). It outlines specific requirements and responses to various questions raised by potential vendors, focusing on training types, vendor scope, cost structures, venue accessibility, and contractual terms.

Main Points and Clarifications

1. Training Types

• The RFP includes classroom training and computer training in a classroom.
• Computer-based training that can be accessed at any time from EBA offices is not required.

2. Vendor Scope

• The training provider must cover only Matlab and SAS.
• No additional vendors are expected to be included.

3. Training Duration and Attendance

• Each training event is expected to last 2 or 3 days.
• The EBA does not expect participants to attend all 4 lots.
• Courses in different lots are not expected to have significant common introductory information.

4. Fee Structures

• Individual contracts will be set up for each training session.
• A minimum fee is not possible to agree on regardless of the number of training events.
• Fixed fees and price per participant in Scenario I and II must include speaker/trainer costs, but incidental expenses such as travel, hotel, and catering are not included in the "price per trainer per day" and will be treated separately.
• Overnight accommodation for delegates is not covered in the fee quoted.
• The "all inclusive" term in Scenarios 1 and 2 includes both trainer and participant costs.

5. Venue and Accessibility

• Training venues must be easily accessible, preferably near international airports and train stations.
• While London is the primary location, venues in other European cities are acceptable.
• EBA premises are not mandatory, but if used, the price per trainer per day will apply.
• The EBA will not charge for venue use or catering when EBA training facilities are used.
• Internal training rooms at the tenderer's offices may be acceptable, provided they meet the accessibility and equipment requirements.

6. Conflict of Interest

• Vendors must identify any potential conflict of interest during the procurement process.
• The EBA reserves the right to assess and judge whether a conflict exists.
• If a conflict is identified, the vendor must describe mitigating measures.

7. Intellectual Property Rights

• The EBA requires ownership of all training materials created for the EBA.
• This clause cannot be removed.
• The EBA may distribute materials to participants, staff, and National Supervisory Authorities.
• Due to its EU institutional status, the EBA may be obliged to share materials with third parties such as the European Commission and the European Court of Auditors.

8. Contractual Terms

• Price revision based on Retail Price Indices (RPIs) is allowed, with an example provided in Clarifications 2.
• Financial guarantees are not required for this contract.
• Liquidated damages are not removable from the contract.
• If the EBA terminates the contract, the vendor will only be paid for services covered by valid Purchase Orders.
• Audit access is not amendable, and the EBA will only provide access to records required by regulatory authorities.

9. Documentation and Legal Requirements

• For legal persons or public entities from the UK, a declaration on oath from a public notary or commissioner for oaths is acceptable as proof of compliance with legal requirements.
• The EBA requires the most reasonably available proof, such as a recent certificate from the competent authority or a sworn statement.

Key Information for Vendors

• Training topics will be jointly decided by the EBA and the training provider.
• A draft programme can be included in the tender response as an indicative programme.
• Venue costs may need adjustment if the location changes from Central London.
• Costing Sheet (Annex I) is crucial for price comparisons and must be adhered to strictly.
• All legal and compliance documentation must be submitted in a timely manner, with specific guidance for UK vendors.

Conclusion

The EBA has provided detailed clarifications on the tender requirements, emphasizing the need for specific training on Matlab and SAS, clear fee structures, venue accessibility, and compliance with legal and intellectual property terms. Vendors are expected to prepare their responses with attention to these points, ensuring alignment with the EBA's expectations and institutional obligations.