EBA欧洲银行-Open-Tender-Clarification-no-2_7页_108kb

Open Tender Clarification Summary (No. 2)

Core Content Overview

This document contains clarification responses from the European Banking Authority (EBA) regarding the tender for the supply of interim staff for general administration (EBA/2013/003/OPS/SER/OP), dated 14th March 2013. The clarifications address various aspects of the tender process, including TUPE regulations, payment structures, price revisions, legal compliance, and procurement procedures.

Key Clarifications and Responses

1. TUPE Regulation

• Question: Is TUPE included, and if so, should it be reflected in pricing?
• Response: TUPE is not included. The interim staff agreements are for a definite period and will end when a new supplier is selected and the contract is signed. The EBA cannot predict whether current staff will continue under the new supplier.

2. Time Recording and Payment

• Question: Can interim staff be paid weekly?
• Response: No, the EBA requires monthly time recording and payment. Weekly payment is not an option.

3. Price Revision and Statutory Changes

• Question: Will changes in statutory legislation (e.g., NI, holiday allowances) affect pricing?
• Response:
  • Prices in the financial proposal are fixed for the first year.
  • From the second year onwards, price revisions may occur if requested by either party.
  • The EBA will ensure that interim staff employment complies with all current UK laws related to temporary workers.

4. Agency Worker Regulations and Pay Rates

• Question: Is parity applied to PAYE interim staff, and are pay rates available for accurate pricing?
• Response:
  • EBA is operating parity for PAYE interims.
  • Pay rates are based on the basic salaries of contract agents in similar positions.
  • For detailed leave entitlements and pay rates, refer to the Staff Regulations of Officials and Conditions of Employment of Other Servants.

5. Public Opening Session

• Question: What is the purpose and benefit of the Public Opening Session?
• Response:
  • The session is to verify the completeness and order of submitted tenders.
  • It is a formal and public process, with the Evaluation Committee opening tenders at the specified time and place.
  • Only one representative from each tendering company is allowed to participate.

6. Currency and Pricing

• Question: Should the price be quoted in GBP or EUR?
• Response: Tenderers must submit prices in GBP. EBA will pay invoices in GBP. The previous mention of EUR in Annex VIII is incorrect and has been corrected.

7. Number of Interim Staff

• Question: How many interim staff are currently in place?
• Response: Refer to Clarifications no. 1 – question 12 for this information.

8. Projected Spend and Staff Population

• Question: What is the estimated annual spend and staff population?
• Response:
  • The estimated annual spend is £625,000.
  • The interim staff population is limited by the absence of a proper procurement procedure.
  • The EBA has not conducted a proper tender for interim staff before, hence the limited number of staff.

9. Recruitment of Permanent Staff

• Question: How will permanent staff recruitment be handled?
• Response: Recruitment of permanent staff is managed exclusively by EBA, and is outside the scope of the interim staff contract.

10. Previous Tender Outcome

• Question: What was the outcome of the previous tender for IT and General Administration services?
• Response:
  • The tender was divided into two lots.
  • Lot 1 was successfully completed.
  • Lot 2 failed and is now being relaunched as a new open procedure.

11. Maximum Number of Staff Agencies

• Question: Is there a maximum number of staff agencies that can be appointed under the framework contract?
• Response:
  • The EBA intends to conclude a framework contract with a single economic operator.
  • Therefore, only one agency will be appointed.

12. Tender Submission Format

• Question: How should the tender be packaged?
• Response:
  • Tenders must be submitted using the double envelope system.
  • The technical proposal requires:
    • One signed original and two copies.
    • All in paper form.
    • The inner envelope must be properly marked and contain:
      • Envelope A: Administrative documentation
      • Envelope B: One signed original of the technical proposal with two copies
      • Envelope C: One signed original of the financial proposal

13. ISO Accreditation Requirement

• Question: Is ISO 9001 certification required for the entire business?
• Response:
  • The minimum requirement is an ISO 9001 certificate.
  • If a tender does not have this certificate, it will be excluded from the further tendering process.

Summary of Key Information

• Payment Method: Monthly time recording and payment; weekly payment is not an option.
• Price Fixity: Prices are fixed for the first year of the contract; revisions may occur from the second year onwards.
• Legal Compliance: EBA ensures that interim staff employment complies with UK employment laws.
• Staff Population: Limited due to lack of formal procurement procedures; specific roles include Finance Assistant (FG IV), Communications Assistant (FG IV), Receptionist (FG II), Event Coordinator (FG III), HR Assistant (FG III), and Secretary (FG III).
• Tender Submission: Requires double envelope system with specific content and formatting.
• Currency: All prices must be submitted in GBP, and invoices will be paid in GBP.
• Agency Worker Parity: PAYE interims are paid at parity with permanent staff.
• Single Supplier: The EBA intends to award the contract to one supplier only.
• ISO 9001 Certification: Required for the selection process; absence of this certificate may disqualify a tender.