Public procurement notice: Contract Notice
Published: 2024-03-07
Region: BE100
Contract type: Services
Procedure: Open procedure
CPV classification: 73200000 | 79110000 | 79111000 | 79112000 | 79140000
Estimated value: 3150700 EUR
Submission deadline: 2024-04-18
Award criteria: quality, price
EU fund: eu-funds

Technical requirements: For the full list of exclusion grounds please consult the procurement documents.
Based on growing case law and supervisory requirements as well as specific institutional particularities, the list of the tasks to be performed by a Joint Undertaking in the data protection field is expanding. For this reason, the contracting authorities intend to procure operational and legal support for the performance of these tasks to ensure, demonstrate and verify compliance (accountability) with the applicable law. 
These services may consist in providing: Legal assistance to data protection in the application of the relevant legal framework; Support services in the management of the exercise of rights and complaints from data subjects, risk, cybersecurity and impact assessments; Maintenance services of the systems of records and privacy notices; Audits services or performing benchmarking exercises as well as support services for the preparation of audits from the EDPS or other auditing body; Training of staff and other stakeholders.
Provision of support and assistance to the controller and the DPO of each contracting authority in the performance of their tasks in the field of data protection in order to ensure, demonstrate and verify compliance (accountability) in line with the Regulation and in particular as per Articles 1, 26 and 45 of the Regulation therein. 
The list of services under Lot 1 may include support in the following areas related to data protection:
1.            System of records
2.            Transparent information
3.            Drafting, review and/or update of policies, documents and advise
4.            Reporting and preparing for audits or inspections by EDPS or other auditing body
5.            Management of data breaches
6.            Awareness raising and training
7.            Consultancy, benchmarking and project management services
8.            Advice on data security
9.            Performance of audits by the DPO
10.         Tasks of a DPO
The framework contract is concluded for an initial period of 12 (twelve)     months, renewable 3 (three) time(s). Please consult the draft framework contract in the procurement documents.
Provision of specialised legal and advisory services in the context of:
1. Analysis of legal issues, recommendations, drafting of various documents of a complex nature (agreements, clauses, information notices, privacy policies, procedures, reports of various natures, etc.) as well as the critical review and validation of documents proposed by the contracting authority.
The subject matter of this analysis may cover complex legal issues in data protection such as international transfers and administrative arrangements, standard contractual clauses, biometric data, security, international cooperation, derogations, externalisation of the data protection function.
2. Negotiations or exchanges with a view to drawing up agreements, working arrangements, amendments and annexes to an existing agreement.
3. Assessment of case law and guidelines from other EU institutions or advisory bodies
4. Litigation, in which case, the service will consist of legal support to the contracting authority’s DPO and legal department concerned throughout the procedure, via the drafting of decisions, conclusions, minutes, notes, etc. as well as defending the interests of the contracting authority involved in oral debates, where appropriate.