Public procurement notice: Contract Notice
Published: 2024-03-29
Region: BE100
Contract type: Services
Procedure: Other multiple
CPV classification: 72230000: Custom software development services | 72240000
Estimated value: 400000 EUR
Submission deadline: 2024-04-30
EU fund: eu-funds

Technical requirements: Tenderers shall be excluded if they, or members of their administrative, management or supervisory body:
(a) are bankrupt, subject to insolvency or winding-up procedures, their assets are being administered by a liquidator or by a court, it is in an arrangement with creditors, their business activities are suspended or it is in any analogous situation arising from a similar procedure provided for under EU or national law;
(b) they have been established by a final judgement or a final administrative decision that they are in breach of their obligations relating to the payment of taxes or social security contributions in accordance with the applicable law;
(c) they have been established by a final judgement or a final administrative decision that they are guilty of grave professional misconduct by having violated applicable laws or regulations or ethical standards of the profession to which they belong, or by having engaged in any wrongful conduct which has an impact on they professional credibility where such conduct denotes wrongful intent or gross negligence, including, in particular, any of the following:
(i) fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfillment of eligibility or selection criteria or in the performance of a contract or an agreement;
(ii) entering into agreement with other persons with the aim of distorting competition;
(iii) violating intellectual property rights;
(iv) attempting to influence the decision-making process of the contracting authority during the award procedure;
(v) attempting to obtain confidential information that may confer upon it undue advantages in the award procedure; 
(d) they have been established by a final judgement that the person is guilty of any of the following:
(i) fraud, within the meaning of Article 3 of Directive (EU) 2017/1371 and Article 1 of the Convention on the protection of the European Communities' financial interests, drawn up by the Council Act of 26 July 1995;
(ii) corruption, as defined in Article 4(2) of Directive (EU) 2017/1371 or active corruption within the meaning of Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997, or conduct referred to in Article 2(1) of Council Framework Decision 2003/568/JHA, or corruption as defined in other applicable laws;
(iii) conduct related to a criminal organisation, as referred to in Article 2 of Council Framework Decision 2008/84/JHA;
(iv) money laundering or terrorist financing, within the meaning of Article 1(3), (4) and (5) of Directive (EU) 2015/849 of the European Parliament and of the Council;
(v) terrorist offences or offences related to terrorist activities as well as of inciting, aiding, abetting or attempting to commit such offences as defined in Articles 3, 14 and Title III of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism;
(vi) child labour or other offences concerning trafficking in human beings as referred to in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council;
(e) they have shown significant deficiencies in complying with the main obligations in the performance of a contract or an agreement financed by the Union’s budget, which has led to its early termination or to the application of liquidated damages or other contractual penalties, or which has been discovered following checks, audits or investigations by a contracting authority, the European Anti-Fraud Office (OLAF) or the Court of Auditors; 
(f) they have been established by a final judgment or final administrative decision that they have committed an irregularity within the meaning of Article 1(2) of Council Regulation (EC, Euratom) No 2988/95;
(g) they have been established by a final judgment or final administrative decision that they have created an entity under a different jurisdiction with the intent to circumvent fiscal, social or any other legal obligations in the jurisdiction of its registered office, central administration or principal place of business.
(h) (legal persons) it has been established by a final judgment or final administrative decision that they have been created with the intent provided for in point (g);
(i) Included in the lists available at: www.sanctionsmap.eu.
For the situations referred to in points (c) to (h) above, in the absence of a final judgement or a final administrative decision, they are:
i. subject to facts established in the context of audits or investigations carried out by the European Public Prosecutor's Office, the Court of Auditors, or the internal auditor, or any other check, audit or control performed under the responsibility of an authorising officer of an EU institution, of a European office or of an EU agency or body;
ii. subject to non-final judgments or non-final administrative decisions which may include disciplinary measures taken by the competent supervisory body responsible for the verification of the application of standards of professional ethics;
iii. subject to facts referred to in decisions of entities or persons being entrusted with EU budget implementation tasks;
iv. subject to information transmitted by Member States implementing Union funds;
v. subject to decisions of the Commission relating to the infringement of Union competition law or of a national competent authority relating to the infringement of Union or national competition law; 
vi. informed, by any means, that it is subject to an investigation by OLAF: either because it has been given the opportunity to comment on facts concerning it by OLAF, or it has been subject to on-the-spot checks by OLAF in the course of an investigation, or it has been notified of the opening, the closure or of any circumstance related to an investigation of OLAF concerning it.
EED wants to implement a modern new IT System for managing EED grants with the ability to support stakeholder engagement.
Within the last three years preceding the deadline for submission of Expressions of Interest have successfully completed at least two software development projects using MS Dynamics , each with a value of €250,000 or more.
Have sufficient number of qualified staff and an infrastructure and operational set-up that enable the tenderer to dedicate a certified project manager (and a replacement, should the project manager be unavailable) with working knowledge and experience in agile project management (with up-to-date agile project management certificate, such as PMI-ACP, Agile P2P or similar) who will manage the project.
fulfils the applicable technical and professional criteria indicated in the tender’s specifications.