EBA欧洲银行-PQQ-Clarifications-3-for-Lot-1_4页_152kb

Restricted Tender Procedure Clarifications No. 3 Summary

Core Content

This document provides clarifications regarding the European Banking Authority (EBA) Procurement Procedure for the Supply of Interim Staff for IT (Lot 1). It addresses various questions related to the quality management system (QMS), Declaration of Honour, Legal Representative, grouping of entities, and subcontracting requirements for the procurement process.

Main Points and Clarifications

1. Quality Management System (QMS) Applicability

• Section 3.7.4 requires the QMS to be applicable to recruitment services.
• A company holding the ISO 9001:2008 standard for Management & Technology Consulting may not meet the requirement if the scope of the certificate does not explicitly include recruitment services.
• The EBA explicitly states that the ISO certificate does not meet the selection criteria unless it specifically covers recruitment services.

2. Declaration of Honour on Exclusion Criteria and Conflict of Interest

• The Declaration of Honour must be completed by a company, not an individual.
• It should be signed by the Legal Representative of the company (e.g., a Director or Partner).
• The example provided in the document shows the format and content of the declaration, including the company name, legal form, address, and VAT registration number.
• The declaration is to be made upon honour, and the signature must be verified by a Commissioner of Oaths or Public Notary, with an official stamp.

3. Definition of Legal Representative

• A Legal Representative refers to a person who has powers of representation, decision-making, or control in relation to the applicant.
• This includes Directors, Partners, or any other individual authorized to act on behalf of the company.

4. Subcontracting Between German and UK Entities

• It is not possible for a German entity to sign a contract with EIOPA and its UK affiliate to sign with EBA.
• The same Applicant must sign both the EBA and EIOPA contracts for Lot 1.
• The lead entity must be the one awarded the contract and must be the one signing the contract with EBA.

5. Selection Criteria for Grouping Entities

• Economic and Financial Capacity: Each entity within the grouping is individually evaluated.
• Technical and Professional Capacity: The combined capacities of all members in the grouping are assessed.
• Award Criteria: The tender is evaluated as a whole, and the overall performance of the grouping is considered.

6. Parent Company Guarantee for Subcontracting

• If a lead entity or ultimate parent entity is to provide a parent company guarantee, this must be clearly stated in the PQQ (Pre-Qualification Questionnaire), specifically in point 3.2.5.

7. Submission of PQQ for Joint Applications

• If a joint application is proposed, the PQQ must include information for each member individually.
• This includes registered office address and registration number for each entity.
• The instructions for joint tenders are detailed in the PQQ document, and applicants should refer to these for proper formatting and submission.

8. Three-Party Agreement for UK Interim Staff

• A three-party agreement involving both the German and UK entities is not permitted unless the tenderer is a single entity capable of providing interim staff in both locations.
• The EBA aims to select a single tenderer who can provide temporary workers for both London and Frankfurt.
• Subcontracting is allowed but must be clearly outlined in the tender, including:
  • A document stating the reasons for subcontracting and details of subcontractors;
  • A letter of intent from each subcontractor;
  • Exclusion and selection criteria for subcontractors if requested.

Key Information

• The QMS must be directly applicable to recruitment services.
• The Declaration of Honour is a formal document signed by the Legal Representative of the company.
• Subcontracting is permissible but requires detailed documentation.
• The same Applicant must sign both EBA and EIOPA contracts.
• Grouping entities are evaluated both individually and collectively.
• Joint applications require separate information for each member of the grouping.
• Parent company guarantees are allowed if clearly stated in the PQQ.

Conclusion

This clarification document outlines the requirements and procedures for companies participating in the EBA procurement for interim IT staff. It emphasizes the importance of compliance with selection criteria, proper documentation, and clear communication of subcontracting and joint tender arrangements. The EBA aims to ensure that the selected tenderer is capable of fulfilling the contract obligations in both the UK and Germany.