with amendments on 29th December 2014

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Approved on:
Procurement Commission meeting
on 4th November 2014
(with amendments approved
on Procurement Commission meeting
on 29th December 2014),
Chairman of the Procurement Commission
I.Jurevičius
OPEN TENDER
„Creation of System for Community Supervision of
Probation Clients by Applying Technical Measures”
BYLAWS
!!! THIS IS UNOFFICIAL TRANSLATION FROM
LATVIAN LANGUAGE AND STATE PROBATION
SERVICE OF LATVIA IS NOT RESPONSIBLE FOR
QUALITY OF TRANSLATION. PROCUREMENT
PROCESS IS REGULATED BY LATVIAN LEGISLATION
AND BYLAWS ON LATVIAN LANGUAGE. IN CASE OF
ANY CONTRADICTIONS BETWEEN THE LATVIAN
AND ENGLISH VERSION OF THE BYLAWS, THE
LATVIAN TEXT OF THE BYLAWS SHALL PREVAIL !!!
Procurement identification No.
VPD 2014/11
Riga, 2014
I INSTRUCTIONS FOR TENDERERS .
1. GENERAL INFORMATION ...................................................................................................p. 4
2. TENDERER SELECTION REQUIREMENTS, REQUIREMENTS FOR ECONOMIC AND
FINANCIAL CONDITION OF TENDERER, TECHNICAL AND PROFESSIONAL
CAPABILITIES OF TENDERER AND INVOLVED PERSONNEL .........................................p.8
3. DOCUMENTS TO BE SUBMITTED FOR TENDERER SELECTION ................................p.11
4. TECHNICAL OFFER ...............................................................................................................p.14
5. FINANCIAL OFFER ................................................................................................................p.15
6. EVALUATION OF THE TENDER .........................................................................................p.15
7. PROCUREMENT CONTRACT AND CONTRACT GUARANTEE.....................................p.17
8. REPLACEMENT PROCEDURE OF SUBCONTRACTORS, PERSONNEL INVOLVED
BY THE TENDERER AND THE PROCEDURE OF INVOLVEMENT OF
SUBCONTRACTORS IN THE PERFORMANCE OF THE CONTRACT ................... p.18
9. RIGHTS AND OBLIGATIONS OF THE PROCUREMENT COMMISSION ......................p.18
10. RIGHTS AND OBLIGATIONS OF THE TENDERER ........................................................p.18
II TECHNICAL SPECIFICATION .........................................................................................p.20
III DRAFT PROCUREMENT CONTRACT ..........................................................................p.48
IV FORMS FOR PREPARATION OF THE TENDER .........................................................p.64
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SECTION I
INSTRUCTIONS FOR TENDERERS
3
1. GENERAL INFORMATION
1.1. Procurement identification number – VPD 2014/11
1.2. Contracting Authority:
Name of the Contracting Authority
State Probation Service of Latvia
Project No.LV08/1 “Increasing the Application of
Alternatives to Imprisonment (Including Possible
Pilot Project on Electronic Surveillance”
(hereinafter referred to as Project)
Address
Dzirnavu Street 91, Riga, LV-1011, Latvia
Reg. No.
90001625082
Contact person
Imants Jurevicius, Project Manager, phone: +371
67244866, Cell: +371 28327586, e-mail:
imants.jurevicius@vpd.gov.lv.
1.3.
Object of the procurement:
Creation of system for community supervision of probation clients by applying technical
measures, ensuring provision of service of technical monitoring of probation clients, according
to requirements of Technical Specification (hereinafter referred to as System).
This procurement will result in a procurement contract (hereinafter referred to as the
Contract) between the State Probation Service of Latvia (hereinafter referred to as the
Contracting Authority) and tenderer chosen by the Procurement Commission of
Project (hereinafter referred to as the Contractor).
CPV (Common Procurement Vocabulary) code – 75242000-4 Public law and order
services, 75241000-7 Public security services, 48000000-8 Software package and
information systems, 72200000-7 Software programming and consultancy services,
72250000-2 System and support services, 72230000-6 Custom software development
services, 32200000-5 Transmission apparatus for radiotelephony, radiotelegraphy,
radio broadcasting and television.
Total planned contractual amount – 2 905 648 EUR (two millions nine hundred five
thousands six hundred forty eight euro), value added tax (hereinafter referred to as the
VAT) excluded.
1.4.
Provision of the Service:
1.4.1. The Contractor in accordance with the Technical Specification (Section II of
the bylaws):
1.4.1.1. Shall create the monitoring centre, including delivery of operating system of
server, software of data base server, software of electronic monitoring and other
necessary equipment, except delivery of work stations, furniture, IP telephones,
mobile phones and server;
1.4.1.2. Shall rent electronic monitoring bracelets, base stations, installation tool sets,
install software and ensure maintenance service, including provision of solution for
cleaning bracelets (hereinafter referred to as electronic monitoring).
1.5.
Pursuant to rules laid down in the bylaws of the open tender “Creation of
System for Community Supervision of Probation Clients by Applying Technical
Measures” (hereinafter referred to as the Tender) the supplier may submit only one
tender regarding the entire object of the procurement. Tenderers are not allowed to
submit variants of their tenders.
1.6.
Deadlines:
No.
Activity
Date
Time
1.6.1. Final tender submission deadline 02.02.2015.
13:00
1.6.2.
Planned meeting to open tenders
4
02.02.2015.
13:00
(with amendments on 29th December 2014)
1.7.
Disclosure of bylaws:
Bylaws are accessible within premises of Contracting Authority, Dzirnavu Street 91,
3rd floor, 311th cab., Riga, during working days from 8:30 to 16:00 o’clock by applying
for a visit in advance by phone: +371 67244866, cell: +371 28327586, and on the
website of the Contracting Authority (www.probacija.lv section Aktualitātes/Publiskie
iepirkumi).
1.8.
Additional information about the bylaws:
1.8.1. Interested suppliers have the right to request additional information about the
bylaws in Latvian or in English languages. These requests shall be submitted in
writing by mail to the address of Contracting Authority: Dzirnavu Street 91, Riga, LV1011, or by e-mail to imants.jurevicius@vpd.gov.lv.
1.8.2. Information requests shall have an indication: For the Open Tender “Creation of
System for Community Supervision of Probation Clients by Applying Technical
Measures”, procurement identification No. VPD 2014/11.
1.8.3. If the interested supplier has requested additional information in due time
regarding the requirements included in the procurement procedure documents in
relation to the preparation and submission of tenders or selection of candidates, the
Contracting Authority shall provide it within 5 (five) days, but no later than 6 (six)
days before the tender submission deadline. When sending additional information to
the interested supplier, who asked the question, the Contracting Authority shall at the
same time publish this information on its website (www.probacija.lv in section
Aktualitātes/Publiskie iepirkumi), also specifying the question asked. Additional
information shall be provided by the Contracting Authority in Latvian and English
languages. In case of any contradictions between the Latvian and English version of
the additional information, the Latvian text of the additional information shall prevail.
1.8.4. If the Contracting Authority has amended the bylaws, the Contracting Authority
shall publish this information on its website (www.probacija.lv in section
Aktualitātes/Publiskie iepirkumi) and on Publication Management System of the
Procurement Monitoring Bureau.
1.9. Submission and opening of tenders:
1.9.1. Tenderers may submit tenders until the date and time specified in Paragraph
1.6.1 of the bylaws, submitting them in person to the Contracting Authority in its
premises: Dzirnavu Street 91, 3rd floor, 311th cab., Riga, during Contracting
Authority’s working days from 8:30 to 16:00 o’clock, or sending it by mail. If the
tender is submitted in person, the visit should be arranged in advance by phone: +371
67244866, cell: +371 28327586. Tenders shall be delivered to the address specified in
this Paragraph within the deadline specified in Paragraph 1.6.1 of the bylaws.
1.9.2. The tenders, what have not been presented in such a way to prevent the
availability of the information included in the tender until the tender opening time, or
what have been received after the last submission deadline, shall not be accepted and
shall be returned to the submitter.
1.9.3. The Tenderer may withdraw its tender before the tender submission deadline by
appearing in person at the tender storage location in premises of the Contracting
Authority: Dzirnavu Street 91, 3rd floor, 311th cab., Riga, and withdrawing its tender,
or by sending a withdrawal notice to the Contracting Authority by mail. The Tenderer
may amend its tender before the tender submission deadline by appearing in person at
the tender storage location in premises of the Contracting Authority: Dzirnavu Street
91, 3 th floor, 311th cab., Riga, and replacing its tender, or by sending a new tender to
the Contracting Authority by mail. If the tender is amended, the time of the last
submission shall be considered the time of submission of the tender.
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1.9.4. Tenders shall be opened at premises of the Contracting Authority: Dzirnavu
Street 91, 3 th floor, 311th cab., Riga, on the date and time specified in Paragraph 1.6.2
of the bylaws, except in the case specified in Clause 83 (51) of the Public Procurement
Law.
1.9.5. If in the case specified in Clause 83 (51) of the Public Procurement Law a
complaint regarding the requirements included in the bylaws or the notice regarding
the contract has been submitted, the Contracting Authority shall publish information
on its website (www.probacija.lv in section Aktualitātes/Publiskie iepirkumi)
regarding cancellation of the meeting for opening of tenders and shall not open the
submitted tenders:
1.9.5.1. If the Application Examination Commission created by the Procurement
Monitoring Bureau allows to conclude the Contract and maintains validity of the
requirements set forth in the bylaws or the decision of the Contracting Authority or the
procurement commission, or the administrative case is terminated, the Contracting
Authority shall publish information on its website (www.probacija.lv in section
Aktualitātes/Publiskie iepirkumi) regarding the place and time of opening of tenders,
as well as notify the Tenderers thereof at least 3 (three) business days in advance;
1.9.5.2. If the Application Examination Commission created by the Procurement
Monitoring Bureau prohibits conclusion of the Contract and cancels the requirements
set forth in the bylaws or the decision of the Contracting Authority or the procurement
commission in full or in part, or assigns the Contracting Authority to terminate the
Tender, the Contracting Authority shall not open the submitted tenders and shall issue
or send them back to the Tenderers.
1.10. Meeting between interested suppliers:
1.10.1. The Contracting Authority shall organize the meeting between interested
suppliers on 3rd December 2014 at 10:00 a.m. at Dzirnavu Street 91, 4th floor
(conference room), Riga. Meeting between interested suppliers shall be conducted on
Latvian language.
1.10.2. The Contracting Authority shall organize the meeting between interested
suppliers, if at least 20 (twenty) days before the tender opening date it has received
written propositions from at least 2 (two) interested suppliers to organize a meeting
between interested suppliers.
1.10.3. The Contracting Authority shall provide additional information and answer the
questions asked during the meeting. The meeting will be recorded in the minutes. The
meeting between interested suppliers shall be conducted on Latvian language.
1.11. Tender presentation:
1.11.1. The Tenderer shall submit 1 (one) original tender and 1 (one) copy, which are
placed into separate sealed envelopes indicating respectively “ORIGINAL” or
“COPY” and then put them together in one sealed package specifying:
1.11.1.1. Name and address of the Contracting Authority;
1.11.1.2. Name and address of the Tenderer;
1.11.1.3. An indication “Tender for the Open Tender “Creation of System for
Community Supervision of Probation Clients by Applying Technical Measures”,
procurement identification No. VPD 2014/11;
1.11.1.4. An indication “Do not open until the tender opening meeting on 2nd February
2015, 13:00 o’clock”.
(with amendments on 29th December 2014)
1.11.2. The tender consists of 3 (three) parts:
1.11.2.1. Tenderer selection documents;
1.11.2.2. Technical offer;
6
1.11.2.3. Financial offer.
1.11.3. The technical offer and the financial offer shall be submitted also electronically
(on an electronic data carrier).
1.11.4. All documents of the tender shall be bound together (stringed through). All
pages of the tender shall be numbered, and their numbers shall correspond to the table
of contents. The number of pages shall be certified with a signature of the Tenderer or
Tenderer’s authorized person. If the Tenderer submits a copy (copies) of documents,
then, for example, by bounding together (stringing through) tender, the Tenderer shall
certify that copy/-ies of the document/-s correspond to original/-s with a certification
inscription (an indication “TRUE COPY/-IES”, signature of the person certifying the
document, print name, name of place and date).
1.11.5. The tender shall be prepared in Latvian or, if the tender is submitted by a
foreign legal or individual person, in the English language according to requirements
of procurement bylaws and legislation, as well as according to the document samples
attached to the procurement bylaws. If offer is submitted in other language there must
be attached certified translation into English or Latvian. In such case translation of
document is determinant document during review of tender. Tenderer is responsible
for conformity of translation with original.
1.11.6. If and when the Tenderer submits (a) translation(s) of the document/-s, then the
Tenderer shall certify that the translation/s of the document/s correspond to the
original/s, for example, the Tenderer shall certify when the tender is bound together
(stringing through). The certification inscription should be presented as follows:
1.11.6.1. Words “THE TRANSLATION IS CORRECT” in capital letters;
1.11.6.2. Name, surname and personal code (if any) of the translator;
1.11.6.3. Signature of the translator;
1.11.6.4. Name of the certification place;
1.11.6.5. Date of certification.
1.11.7. If the application for participation in the Tender (Paragraph 3.1 of the bylaws)
is signed by an authorized person of the Tenderer, the Tenderer’s selection documents
shall include document certifying his/her rights to represent the Tenderer.
1.11.8. If the tender is submitted by an association of persons, the tender shall state the
person, who represents the association of persons in the Tender and has the authority
to sign Tender-related documents.
1.12. Tender guarantee
1.12.1. By submitting a tender, Tenderer shall submit Tender Guarantee in amount of
58 112,96 EUR (fifty eight thousands one hundred twelve euro and ninety six cents).
1.12.2. Tenderer is entitled to submit the tender guarantee as a bank guarantee or
insurance policy:
1.12.2.1. The Tender guarantee as a bank guarantee must be issued by a credit
institution, its branch or branch of foreign credit institution, registered in Latvian
Republic or another European Union or the European Economic Area Member State,
which according to legislation of the Latvian Republic1 provide services within
territory of the Latvian Republic, preferably by using Form 2.1. in Section IV of the
bylaws. Tender guarantee shall be prepared by taking into consideration terms
prescribed in Form 2.1. in Section IV of the bylaws.
(with amendments on 29th December 2014)
List of credit institutions, which according to legislation of the Latvian Republic provide services within
territory
of
the
Latvian
Republic:
http://www.fktk.lv/lv/tirgus_dalibnieki/kreditiestades/pakalpojumu_sniedzeji_no_eez/pakalpojumu_sniegsanas_
briviba/.
1
7
1.12.2.2. The Tender guarantee as an insurance policy must be submitted, preferably,
by using Form 2.1. in Section IV of the bylaws. Validity of insurance policy shall be
certified with insurance premium payment document. Insurance policy must not
contain restrictive rules.
(with amendments on 29th December 2014)
1.12.3. The Tender guarantee shall be in effect for the shortest of the following time
periods:
1.12.3.1. six months counting from the day when tenders were opened;
1.12.3.2. until the day when the selected Tenderer submits contract guarantee, if
Tenderer’s tender has been selected in accordance with the tender selection criterion;
1.12.3.3. until the entering into the procurement contract.
1.12.4. The provider of guarantee shall disburse tender guarantee to the Contracting
Authority, if:
1.12.4.1. the Tenderer withdraws his or her tender during the period of validity of the
tender guarantee;
1.12.4.2. the Tenderer whose tender has been selected in accordance with the tender
selection criterion within the time period specified by the Contracting Authority has
not submitted the contract guarantee provided for in the Contract;
1.12.4.3. the Tenderer whose tender has been selected in accordance with the tender
selection criterion does not sign the Contract within 15 (fifteen) days after
announcement about conclusion of contract was sent.
1.13. If it is necessary to take into consideration a commercial secret in relation to the
subject-matter of procurement or individual parts thereof, the supplier shall indicate
that in tender.
2. TENDERER SELECTION REQUIREMENTS, REQUIREMENTS FOR
ECONOMIC AND FINANCIAL CONDITION OF TENDERER, TECHNICAL
AND PROFESSIONAL CAPABILITIES OF TENDERER AND INVOLVED
PERSONNEL.
2.1. The Contracting Authority excludes a Tenderer from participation in the Tender in
any of the following cases:
2.1.1. Pursuant to Clause 391(1) Paragraph 1 of the Public Procurement Law, by the
court judgment or prosecutor’s penal prescription what has entered into force and has
become indisputable and non-appealable, the Tenderer or the person, who is
Tenderer’s member of the board, or member of the council, or head clerk, or the
person, who is authorized to represent the Tenderer in the actions, which are related to
its branch, is found guilty of the following criminal offenses:
a) accepting bribes, giving bribes, misappropriation of a bribe, intermediation in
bribery, unauthorised receipt of benefits or commercial bribery,
b) fraud, misappropriation or money laundering,
c) evasion of tax payments and payments equivalent thereto,
d) terrorism, financing of terrorism, encouragement of terrorism, terrorist threats or
recruitment and training of persons for the commitment of acts of terror;
2.1.2. Pursuant to Clause 391(1) Paragraph 2 of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and
has become indisputable and non-appealable, the Tenderer is found guilty of a
violation consisting in:
a) employment of one or several citizens or nationals of the countries which are not
members of the European Union, if those illegally stay on the territory of member
states of the European Union,
8
b) employment of a person without concluding a written employment contract, without
submitting an informative declaration about employees to be submitted about the
persons starting employment within the deadline set forth in tax legislation;
2.1.3. Pursuant to Clause 391(1) Paragraph 3 of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and
has become indisputable and non-appealable, the Tenderer is found guilty of the
violation of the competition rights consisting in a vertical agreement the purpose of
which is to restrict the buyer’s possibility to determine the resale price, or a horizontal
cartel agreement unless the competent authority has secured the Tenderer immunity
from fines or has reduced the amount of the fine for cooperation within the framework
of a leniency program when discovering the violation of the competition rights;
2.1.4. Pursuant to Clause 391(1) Paragraph 4 of the Public Procurement Law,
insolvency proceedings with regard to the Tenderer commenced, the Tenderer’s
economic activity is suspended or interrupted, proceedings are initiated regarding the
Tenderer’s bankruptcy or it is stated that the Tenderer is being liquidated;
2.1.5. Pursuant to Clause 391(1) Paragraph 5 of the Public Procurement Law, the
tenderer has tax debts, including state mandatory social security contribution debts, in
Latvia or in the country where it is registered or permanently residing in, of which the
total amount in any of the countries exceeds 150 euro;
2.1.6. Pursuant to Clause 391(1) Paragraph 6 of the Public Procurement Law, the
Tenderer has provided false information to certify its compliance with provisions of
Clause 391 of the Public Procurement Law, or the Tenderer has provided false
information to certify its compliance with the qualification requirements laid down in
the bylaws in accordance with the Public Procurement Law, or has failed to provide
the required information.
2.1.7. Pursuant to Clause 391(1) Paragraph 7 of the Public Procurement Law, the
member of the personal company, if the Tenderer is a personal company, is subject to
the conditions referred to in Paragraphs 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5 or 2.1.6 of the
bylaws;
2.1.8. Pursuant to Clause 391(1) Paragraph 8 of the Public Procurement Law, the
subcontractor specified by the Tenderer, in the case that the value of provided services
of the subcontractor is at least 20 percent of the total value of the procurement
contract, is subject to the conditions referred to in Paragraphs 2.1.2, 2.1.3, 2.1.4, 2.1.5
or 2.1.6 of the bylaws;
2.1.9. Pursuant to Clause 391(1) Paragraph 9 of the Public Procurement Law, the
person specified by the Tenderer, whose abilities the Tenderer relies upon so to
confirm that the Tenderer’s qualifications meets the requirements laid down in the
contract notification or the requirements laid down in the bylaws, is subject to the
terms and conditions referred to in Paragraphs 2.1.2, 2.1.3, 2.1.4, 2.1.5 or 2.1.6 of the
bylaws.
2.1.10. Pursuant to Clause 391(4) of the Public Procurement Law, the Contracting
Authority shall not exclude candidate or Tenderer from participation into procurement
procedure, if:
1) From day, when court judgment, order on sanction of prosecutor or decision of
other competent authority on violations mentioned in Subparagraph a) of Paragraphs
2.1.1 and 2.1.2 of the bylaws has become indisputable and non-appealable, until
submission day of tender or offer three years have passed;
2) From day, when court judgment or decision of other competent authority on
violations mentioned in Subparagraph b) of Paragraphs 2.1.2 and 2.1.3 of the bylaws
has become indisputable and non-appealable, until submission day of tender or offer
12 months have passed.
9
(with amendments on 29th December 2014)
2.2. The Tenderer has been registered in the manner prescribed by legislation. The
requirement refer to the Tenderer, each member of the association of persons, the
general contractor, and each subcontractor.
2.3. The Tenderer, which does not comply with any of the Tenderer selection
requirements specified in Paragraphs 2.1.-2.1.9. and 2.2. of the bylaws, shall be
excluded from further participation in the Tender and its tender shall not be examined.
2.4. Requirements for economic and financial condition of Tenderer: Tenderer shall
have own funds or available financial resources in amount of at least 10% of the
planned contractual amount or 290 564,80 EUR (two hundred ninety thousands five
hundred sixty four euro and eighty cents) to ensure performance of the Service.
(with amendments on 29th December 2014)
2.5. Requirements for technical and professional capabilities:
2.5.1. Tenderer’s offered solution must have been implemented in at least one project
with similar aim in the European Union Member States or states whose data protection
regulations comply with the Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data, furthermore in at
least one of the indicated projects must be ensured simultaneous electronic monitoring
of at least 100 persons. Delivery of service specified within object of procurement or
monitoring of other persons with technical means will be considered as project with
similar aim by the Contracting Authority.
2.5.2. Tenderer or specialist it involves is authorised to deliver, install and maintain
such solution, and to ensure guarantee maintenance for it.
(with amendments on 29th December 2014)
2.6. Requirements for main specialists offered by the Tenderer:
The Tenderer during performance of the services shall ensure:
2.6.1. At least one project manager, which has:
 highest education (any) of at least 2nd level and
 experience of at least 2 (two) years in leading software development projects,
or
 experience of leading at least one project with financial amount equal or
exceeding contractual amount offered by the Tenderer.
(with amendments on 29th December 2014)
2.6.2. Tenderer shall ensure at least 2 (two) administrators of electronic monitoring
software certified by manufacturer of electronic monitoring software.
2.6.3. Tenderer shall ensure at least 1 (one) specialist certified by manufacturer, who
according to requirement No.4.6. of Technical specification will train users to install,
dismantle and maintain electronic monitoring equipment (bracelets and base stations).
(with amendments on 29th December 2014)
2.6.4. Tenderer shall ensure at least one administrator certified by manufacturer of
data base server and server’s operating system to be used within offered solution or
administrator with experience of at least 2 (two) years during last 3 (three) years in
administering data base server and server’s operating system to be used within offered
solution.
2.6.5. Tenderer shall ensure security manager2, which is either certified security
professional or certified security auditor or with experience of at least 2 (two) years
during last 3 (three) years in managing security of information systems.
2
Data and software protection issues.
10
2.7. Offer of the Tenderer, what does not comply with any of the qualification
requirements of Tenderer specified in Paragraphs 2.4.-2.6. of the bylaws, shall be
rejected and offer shall not be examined.
3. DOCUMENTS TO BE SUBMITTED FOR TENDERER SELECTION
3.1. Application for participation in the Tender:
3.1.1. The Tenderer’s application for participation in the Tender certifies the
commitment of the Tenderer to provide the Service in accordance with the
requirements of the bylaws. The application for participation in the Tender shall be
signed by a person authorised to sign agreements on behalf of the Tenderer. If the
application for participation in the Tender is signed by a Tenderer’s authorized person,
the Tenderer’s selection shall be accompanied by a document certifying his/her rights
to represent the Tenderer.
3.1.2. The application for participation in the Tender shall be prepared in accordance
with Form 1.1 in Section IV of the bylaws.
3.2. The Tenderer in the Application for participation in the Tender certifies that:
3.2.1. Pursuant to Clause 391(1) Paragraph 1 of the Public Procurement Law, by the
court judgment or prosecutor’s penal prescription which has entered into force and has
become indisputable and non-appealable, the Tenderer and the person, who is
Tenderer’s member of the board, or member of the council, or head clerk, or the
person, who is authorized to represent the Tenderer in the actions, which are related to
its branch, is not found guilty of the following criminal offenses:
a) accepting bribes, giving bribes, misappropriation of a bribe, intermediation in
bribery, unauthorised receipt of benefits or commercial bribery,
b) fraud, misappropriation or money laundering,
c) evasion of tax payments and payments equivalent thereto,
d) terrorism, financing of terrorism, encouragement of terrorism, terrorist threats or
recruitment and training of persons for the commitment of acts of terror;
3.2.2. Pursuant to Clause 391(1) Paragraph 2 of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and
has become indisputable and non-appealable, the Tenderer is not found guilty of a
violation consisting in:
a) employment of one or several citizens or nationals of the countries which are not
members of the European Union, if those illegally stay on the territory of member
states of the European Union,
b) employment of a person without concluding a written employment contract, without
submitting an informative declaration about employees to be submitted about the
persons starting employment within the deadline set forth in tax legislation;
3.2.3. Pursuant to Clause 391(1) Paragraph 3 of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and
has become indisputable and non-appealable, the Tenderer is not found guilty of the
violation of the competition rights consisting in a vertical agreement the purpose of
which is to restrict the buyer’s possibility to determine the resale price, or a horizontal
cartel agreement unless the competent authority has secured the Tenderer immunity
from fines or has reduced the amount of the fine for cooperation within the framework
of a leniency program when discovering the violation of the competition rights;
3.2.4. Pursuant to Clause 391(1) Paragraph 4 of the Public Procurement Law,
insolvency proceedings with regard to the Tenderer are not announced, the Tenderer’s
economic activity is not suspended or interrupted, proceedings are not initiated
regarding the Tenderer’s bankruptcy or it is not stated that the Tenderer is being
liquidated;
11
3.2.5. Pursuant to Clause 391(1) Paragraph 5 of the Public Procurement Law, the
Tenderer has no tax debts, including state mandatory social security contribution
debts, in Latvia or in the country it is registered or permanently residing in, of which
the total amount in any of the countries exceeds 150 euro;
3.2.6. Pursuant to Clause 391(1) Paragraph 6 of the Public Procurement Law, all the
data provided in the tender are true.
3.3. The Contracting Authority shall check for presence of the exclusion situation
specified in Paragraph 2.1 of the bylaws in respect to each Tenderer, who will be
awarded the contract pursuant to the requirements laid down in the contract
notification and the requirements laid down in the bylaws and the preferred tender
selection criterion.
3.4. To reduce the consumption of administrative resources on the evaluation of
tenders, the Contracting Authority has the right to check for the presence of the
exclusion situation as specified in Paragraph 2.1 of the bylaws as prescribed by
Paragraph 3.5 of the bylaws, in respect to all the Tenderers who have submitted their
tenders.
3.5 In order to verify whether the Tenderer should be excluded from participation in
the Tender due to the criminal offenses and violations referred to in Paragraphs 2.1.1,
2.1.2, and 2.1.3 of the bylaws, for which the person referred to in Paragraph 2.1 of the
bylaws was punished in Latvia, as well as due to the facts referred to in Paragraphs
2.1.4 and 2.1.5 of the bylaws, the Contracting Authority shall use the information
system indicated by the Cabinet of Ministers to obtain the following information in the
manner prescribed by the Cabinet of Ministers:
3.5.1. On the violations and criminal offenses referred to in Paragraphs 2.1.1, 2.1.2,
and 2.1.3 of the bylaws - from the Information Centre of the Ministry of the Interior
Affairs (the Penal Register);
3.5.2. On the facts referred to in Paragraph 2.1.4 of the bylaws - from the Register of
Enterprises;
3.5.3. On the fact referred to in Paragraph 2.1.5 of the bylaws - from the State
Revenue Service and Latvian local governments.
3.6. To verify whether the Tenderer, who is registered or permanently resident in a
foreign country, should be excluded from participation in the Tender pursuant to
Paragraph 2.1 of the bylaws, except in the case referred to in Paragraph 3.7 of the
bylaws, the Contracting Authority shall require that the Tenderer submits a statement
from a respective foreign competent institution certifying that the cases referred to in
Paragraph 2.1 of the bylaws are not applicable to the Tenderer. The Contracting
Authority shall set the deadline for submission of the certificates not shorter than 10
(ten) working days after the date of issue of the request or the date of sending. If the
Tenderer concerned does not submit the statement within the set deadline, the
Contracting Authority shall exclude it from participation in the Tender.
3.7. Paragraph 3.6 of the bylaws shall not be applicable to the persons referred to in
Paragraphs 2.1.7, 2.1.8, and 2.1.9 of the bylaws, who are registered or permanently
residing in Latvia and are specified in the tender submitted by the Tenderer. In this
case, the verification shall be carried out in accordance with Paragraph 3.5 of the
bylaws.
3.8. Depending on results of inspection carried out according to Paragraph 2.1.5.,
Contracting Authority:
1) Do not exclude candidate or Tenderer from further participation in the Tender, if
according to actual data of the State Revenue Service administered data base of tax
debtors establish that candidate or Tenderer, as well as person mentioned in Clause
391(1) Paragraphs 7, 8 and 9 of the Public Procurement Law, do not have tax debts
12
administered by the State Revenue Service, including state mandatory social security
contribution debts, of which the total amount exceeds 150 euro;
2) Inform candidate or Tenderer that there are established tax debts, including state
mandatory social security contribution debts, of which the total amount exceeds 150
euro, of his/her or person mentioned in Clause 391(1) Paragraphs 7, 8 and 9 of the
Public Procurement Law, and set deadline – 10 working days after day of issuing or
dispatching information – to pay debts and submit a certificate of debts payment.
Candidate or Tenderer to certify that it, as well as person mentioned in Clause 391(1)
Paragraphs 7, 8 and 9 of the Public Procurement Law, do not have tax debts, including
state mandatory social security contribution debts, of which the total amount exceeds
150 euro, shall submit a print-out from electronic declarations system of the State
Revenue Service certified by corresponding person or its authorised representative or
reference issued by local municipality that corresponding person after day of receipt of
information sent by Contracting Authority do not have tax debts, including state
mandatory social security contribution debts, of which the total amount exceeds 150
euro. If mentioned confirmation is not submitted within set deadline, Contracting
Authority shall exclude candidate or Tenderer from participation in the Tender.
3.9. To certify compliance with Paragraph 2.2 of the bylaws, the Tenderer registered
or permanently living in foreign country shall submit - a copy of the registration
certificate or equivalent document issued by institution registering business in foreign
country where tenderer is registered.
Tenderers judicial persons registered in Latvia the Contracting Authority will inspect
single-handed by using information systems of competent institutions of Latvia.
(with amendments on 29th December 2014)
3.10. The Tenderer’s selection documents set forth in Paragraphs 3.1 – 3.2 of the
bylaws shall be submitted by the Tenderer, including for each member of the
association of persons, if the Tenderer is an association of persons.
Using Form 1.2 in Section IV of the bylaws, The Tenderer selection documents set
forth in Paragraphs 3.1 – 3.2 of the bylaws shall be submitted by the members of the
personal company, if the Tenderer is a personal company.
Using Form 1.3 in Section IV of the bylaws, The Tenderer selection documents set
forth in Paragraphs 3.1 – 3.2 of the bylaws (except Paragraph 3.2.1.) shall be
submitted by the subcontractor specified by the Tenderer, in the case that the value of
provided services is at least 20 percent from the total value of the procurement
contract, and the persons specified by the Tenderer, whose abilities the Tenderer relies
upon to confirm that its qualification meets the requirements laid down in the contract
notification or the requirements laid down in the bylaws.
The Tenderer selection document specified in Paragraph 3.9 of the bylaws shall be
submitted by the Tenderer, each member of the association of persons, the general
contractor and each subcontractor, if any, registered or permanently living in foreign
country.
(with amendments on 29th December 2014)
3.11. The Tenderer shall specify in its tender all those subcontractors, the value of
provided services of which is at least 20 percent from the total value of the
procurement contract or higher, and the portion of the service agreement transferred to
each such subcontractor (indicating specifically transferred services and their value
(financial) in percentage).
The total value of the services provided by the subcontractor shall be determined
taking into account the value of the services provided by the subcontractor and by all
related companies within the framework of the Tender. A related company shall mean
a capital company, in which, pursuant to the Law on Holding Companies, the
13
subcontractor has decisive influence or which has decisive influence in the
subcontractor, or a capital company, in which other capital company has decisive
influence, which, at the same time, has decisive influence in the subcontractor
concerned.
A subcontractor is a person involved or hired by the Tenderer or its subcontractor,
which provides the services, which are required for the performance of the contract
concluded with the Contracting Authority irrespective of whether this person provides
the services to the Tenderer or other subcontractor.
3.12. If the Tenderer is a personal company, The Tenderer shall specify in its tender
the person(s) who are member(s) of the board, or member(s) of the council, or
proctor(s) of the personal company, or the person(s), who is/are authorized to
represent the personal company in the actions, which are related to its branch.
3.13. For compliance of Tenderer with economic and financial condition, Tenderer in
previous year must be having own funds at least in the amount set in Paragraph 2.4 of
the bylaws. Tenderer shall submit to Contracting Authority the latest confirmed annual
report or provides information about online site where this information is publicly
available or submits certificate from credit institution, its branch or branch of foreign
credit institution, registered in Latvian Republic3 or another European Union or the
European Economic Area Member State, which according to legislation of the Latvian
Republic provide services within territory of the Latvian Republic, on availability of
financial resources of Tenderer.
(with amendments on 29th December 2014)
3.14. For compliance of Tenderer with technical and professional capabilities
(Paragraph 2.5. of the bylaws), Tenderer shall submit to Contracting Authority
reference from client or other document or freely available information, whereof
Contracting Authority clearly can come to a conclusion that Tenderer complies with
Paragraph 2.5.1. of the bylaws. For compliance with requirement of Paragraph 2.5.2.
of the bylaws, Tenderer shall submit cooperation confirmation from manufacturer,
official confirmation from distributor on authority to distribute or other document
whereof Contracting Authority clearly can come to a conclusion that Tenderer
complies with requirement.
3.15. For compliance of Tenderer with requirement regarding offered lead specialists
(Paragraph 2.6. of the bylaws), Tenderer shall submit copies of documents certifying
level of education and qualification, for example, certificates. For compliance with
requirements of Paragraphs 2.6.1., 2.6.4. and 2.6.5. regarding experience, Tender shall
submit curriculum vitae (CV) according to common European CV’s standard4 signed
with specialists own hand. Within CV information shall be indicated in such amount
whereof from it clearly can come to a conclusion that specialist complies with
qualification requirement, as well as information should be included about online site
where information confirming experience is publicly available or contact details of
person able to affirm experience, its represented institution, in case Contracting
Authority have doubts about compliance of specialist to qualification requirement.
4. TECHNICAL OFFER
The Tenderer shall prepare the technical offer pursuant to the bylaws (including the
Technical Specification), using Form 4 in Section IV of the bylaws.
List of credit institutions, which according to legislation of the Latvian Republic provide services within
territory
of
the
Latvian
Republic:
http://www.fktk.lv/lv/tirgus_dalibnieki/kreditiestades/pakalpojumu_sniedzeji_no_eez/pakalpojumu_sniegsanas_
briviba/.
4
http://europass.cedefop.europa.eu/en/documents/curriculum-vitae/templates-instructions
3
14
5. FINANCIAL OFFER
5.1. The Tenderer shall prepare the financial offer taking into account provisions of
the bylaws, in accordance with Form 3 in Section IV of the bylaws.
5.2. The financial offer shall include all the costs related to the performance of the
Contract, except value added tax in the amount set forth by legislation (hereinafter
referred to as VAT).
5.3. In Financial Offer price of rent shall be indicated:
5.3.1. price per day for one item of bracelet and base station;
5.3.2. total price of bracelet and base station separately shall be calculated by formula:
price per day for 1 item multiplied by 200 items multiplied by (1800 days minus
number of days of testing period provided by Tenderer):
____________ * 200 * (1800 - __________________________________)= ___________
(Price for 1 day)
(number of days of testing period provided by Tenderer)
(total price)
5.3.3. price per month (1 month = 30 days) of monitoring software, installation tools
(30 sets), maintenance service, and, if applicable, washing machines for cleaning
bracelets;
5.3.4. total price separately of monitoring software, installation tools (30 sets),
maintenance service, washing machines for cleaning bracelets shall be calculated by
formula: price per month multiplied by (1800 days minus number of days of testing
period) divided by 30 days:
( ____________ * (1800 - _________________________________)) / 30 = ___________
(price per month)
(number of days of testing period provided by Tenderer)
(total price)
5.4. The prices provided by the Tenderer may not increase during the effective time of
the Contract. Possible inflation, changes in market conditions or any other conditions
may not be the basis to increase the prices, and the consequences inflicted by these
processes shall be forecast and calculated by the Tenderer when preparing the
financial offer.
6. EVALUATION OF THE TENDER
6.1. Verification of presentation of the tender:
6.1.1. The procurement commission shall initially verify presentation of the tender
pursuant to the tender presentation requirements set forth in Paragraph 1.11 of the
bylaws;
6.1.2. If the tender fails to comply with the requirements of the bylaws regarding
tender presentation, the procurement commission, by evaluating the significance of
non-compliance, has a right to decide not to further examine the tender.
6.2. Tenderers selection:
6.2.1. During selection of Tenderers the procurement commission shall verify the
documents specified in Paragraph 3 of the bylaws to make sure that the Tenderer
complies with the Tenderer selection requirements set forth in Paragraph 2 of the
bylaws;
6.2.2. The procurement commission shall leave unexamined and reject those tenders of
Tenderers, which do not comply with the Tenderer selection requirements set forth in
the bylaws.
6.3. Verification of compliance of the tender:
6.3.1. If the procurement commission ascertain that the technical offer fails to comply
with all the requirements of the bylaws, including the technical specification, the
15
tender shall be excluded from further evaluation and the procurement commission
shall not further examine this tender;
6.3.2. During the evaluation of the tender, the procurement commission checks the
tender for arithmetic errors;
6.3.3. If the procurement commission detects arithmetic errors in the tender, it shall
correct these errors;
6.3.4. The procurement commission informs the Tenderer, in whose tender the
corrections have been made, about all corrections of arithmetic errors. When
evaluating the tender, which contained arithmetic errors, the procurement commission
shall take into account the errors corrected pursuant to the above mentioned procedure.
6.4. Tender selection criterion:
6.4.1. The procurement commission shall select the economically most advantageous
of the tenders complying with the requirements of the bylaws, including the technical
specification, on the basis of the tender evaluation criteria specified in the bylaws;
6.4.2. The procurement commission shall determine the economically most
advantageous tender by calculating points, which are formed by the sum of
assessments of evaluation criteria;
6.4.3. Evaluation criteria and their specific weight of the economically most
advantageous Tender:
12 points
Offered total price for bracelet and base station:
Offered total price for monitoring software, installation
24 points
tools, maintenance services and, if applicable, washing
machines
84 points
Quality criterion:
120
points
Total:
(with amendments on 29th December 2014)
6.4.4. Scoring of offered price:
6.4.4.1. Offered total price for bracelet and base station = total price for bracelet +
total price for base station.Tenders are scored with points according to such formula:
Offer with lowest total price of rent
for bracelet and base station
(Number of points) = ----------------------------------------------------- x 12 (twelve);
Offered total price of rent
for bracelet and base station
The tender ensuring the requirements set forth in the bylaws and according to
Financial offer specifying the lowest total price (excluding VAT) shall receive 12
(twelve) points;
6.4.4.2. Offered total price for monitoring software, installation tools, maintenance
services and, if applicable, washing machines.
Tenders are scored with points according to such formula:
Offer with lowest total price of rent
for monitoring software, installation tools, maintenance services
and, if applicable, washing machines
(Number of points) = ----------------------------------------------------- x 24 (twenty four);
Offered total price of rent
for monitoring software, installation tools, maintenance services
and, if applicable, washing machines
16
The tender ensuring the requirements set forth in the bylaws and according to
Financial offer specifying the lowest total price (excluding VAT) shall receive 24
(twenty four) points.
(with amendments on 29th December 2014)6.5. The score for quality criteria is
calculated by adding up all points the Tenderer got from requirements marked with
“Q” in his technical offer (“Absolute and Quality Requirements” of 1st Annex
“Technical Specification” (Section II of bylaws)).
6.6. The total number of acquired points shall be calculated by summing up the points
awarded in all the criteria.
6.7. Pursuant to the tender evaluation criteria set forth in the bylaws, the procurement
commission shall select the economically most advantageous tender, which has
obtained the highest number of points.
6.8. If prior to having made the decision the procurement commission states that 2
(two) or several Tenderers have equivalent tenders (equivalent tenders – with equal
number of total acquired points pursuant to the bylaws), the procurement commission
shall act in accordance with Clause 46(4) of the Public Procurement Law. If this
provision refers to all the Tenderers having equivalent tenders, or does not refer to any
of the Tenderers having equivalent tenders, the procurement commission shall select
the tender, which has acquired the highest number of points in the tender evaluation
criterion “Quality criteria”.
7. PROCUREMENT CONTRACT AND CONTRACT GUARANTEE
7.1. Contracting Authority shall conclude Contract not sooner than on the next
working day following the end of the waiting period, if a complaint regarding
violations of the Tender has not been submitted to the Procurement Monitoring Bureau
in accordance with the procedures specified in Clause 83 of the Public Procurement
Law.
7.2. The Contracting Authority shall conclude the Contract with one Tenderer chosen
by the procurement commission.
7.3. The Contracting Authority shall conclude the Contract with the chosen Tenderer,
on the basis of the tender submitted by the Tenderer, in accordance with provisions of
the bylaws, including the draft Contract, which is included in Section III of the
bylaws.
7.4. If the chosen Tenderer refuses to sign the Contract within 15 (fifteen) working
days from the Contract notice is sent, the Contracting Authority decides to enter into a
Contract with the next Tenderer who meet all the requirements of the bylaws and
which offered economically most advantageous tender, or suspend the Tender, without
selecting any tender.
7.5. The Contract guarantee type chosen by the Contracting Authority is contract
performance guarantee (hereinafter referred to as the Contract guarantee).
7.6. The Contract includes a mandatory obligation for Tenderer awarded with rights to
conclude contract to submit in amount of at least 10% of estimated Contract value a
Contract guarantee (preferably, in accordance with Form 5 in Section IV of the
bylaws) as a bank guarantee or insurance policy no later than in time of 20 (twenty)
working days after conclusion of the Contract. Submission of the Contract guarantee is
obligatory condition for the Contract to come in force. Contract guarantee is in force
whole contract term and 10 (ten) days after end of contract term.
(with amendments on 29th December 2014)
7.7. The Contract guarantee as insurance policy shall be issued by insurance company,
which has authority to provide insurance services according to legislation of the
Latvian Republic.
17
The Contract guarantee as a bank guarantee shall be issued by credit institution, its
branch or branch of foreign credit institution, registered in Latvian Republic5 or
another European Union or the European Economic Area Member State, which
according to legislation of the Latvian Republic provide services within territory of the
Latvian Republic.
(with amendments on 29th December 2014)
7.8. If the Tenderer has objections to the provisions of the Contract included in the
bylaws, they shall be promptly submitted in writing. Any objections to the provisions
of the draft Contract, which were indicated in the tender or submitted after the opening
of the tender, will not be taken into consideration.
8. REPLACEMENT PROCEDURE OF SUBCONTRACTORS, PERSONNEL
INVOLVED BY THE TENDERER AND THE PROCEDURE OF
INVOLVEMENT OF SUBCONTRACTORS IN THE PERFORMANCE OF
THE CONTRACT
8.1. Replacement procedure of subcontractors, personnel involved by the Tenderer and
the procedure of involvement of subcontractors in the performance of the contract is
described in Paragraph 11 of Section III “Draft Procurement Contract” of the bylaws.
(with amendments on 29th December 2014)
9. RIGHTS AND OBLIGATIONS OF THE PROCUREMENT COMMISSION
9.1. Rights of the procurement commission:
9.1.1. To request that the Tenderer updates information about its tender, if it is
required for the verification of the presentation of the tender, selection of Tenderers, as
well as evaluation of tenders;
9.1.2. To correct arithmetic errors in the tender;
9.1.3. To involve experts in the verification of the presentation of the tender, selection
of Tenderers and verification of compliance of tenders, as well as the evaluation of
tenders;
9.1.4. To decide to award the Contract to the next Tenderer which tender is the next
economically most advantageous, if the preferred Tenderer refuses to conclude the
Contract;
9.1.5. To stop the Tender at any time, if there are objective reasons for that.
9.2. Obligations of the procurement commission:
9.2.1. To ensure the progress and documentation of the Tender;
9.2.2. To ensure free competition between Tenderers, as well as equal and fair attitude
to them;
9.2.3. To evaluate Tenderers and the tenders submitted by them in accordance with
legislation and the bylaws, to select a tender or to make the decision to stop the
Tender.
10. RIGHTS AND OBLIGATIONS OF THE TENDERER
10.1. Rights of the Tenderer:
10.1.1. To amend or withdraw the submitted tender prior to expiration of the tender
submission deadline;
10.1.2. To participate in the tender opening meeting.
10.2. Obligations of the Tenderer:
10.2.1. To prepare the tender in compliance with the requirements of the bylaws;
10.2.2. To provide true information;
List of credit institutions, which according to legislation of the Latvian Republic provide services within
territory
of
the
Latvian
Republic:
http://www.fktk.lv/lv/tirgus_dalibnieki/kreditiestades/pakalpojumu_sniedzeji_no_eez/pakalpojumu_sniegsanas_
briviba/.
5
18
10.2.3. To provide answers to the requests from the procurement commission
regarding additional information, which is required to verify the presentation of
tenders, select Tenderers, verify compliance of the tender, as well as evaluate tenders;
10.2.4. To cover all the expenses related to the preparation and submission of the
tender.
19
SECTION II
TECHNICAL SPECIFICATION
20
Open Tender
„Creation of System for Community Supervision of Probation Clients by Applying Technical Measures”
Procurement identification No.VPD2014/11
TECHNICAL SPECIFICATION
1. Abbreviations and definitions:
1.1. Client
Person subject to community supervision by applying technical measures - electronic monitoring.
1.2. Base station
The base station is part of the monitoring system, located at the client’s home, workplace or other similar location where the client
must be according to the assigned schedule. The base station communicates with the tag using radio waves at certain range
defined at installation. The base station also communicates with the monitoring centre using a mobile communications network.
1.3. Band
Single or multiple use fastening strap or washable and multiple-use band with necessary clamps and their fasteners, used for
attaching the tag to the client’s body (leg).
1.4. Bracelet
Tag combined with band.
1.5. Local monitoring system
System of communication between bracelet and base station which is located at client’s home and registers data of client’s
presence or absence from his residence, and communication between base station and monitoring centre.
1.6. Monitoring centre
Around-the-clock (24/7) operating centre managing the software intended for administrating the electronic monitoring
programme and for conducting the actual monitoring; it communicates with all base stations. Staff of monitoring centre (duty
officers) will organise logistics of base stations and bracelets, will collect statistical data and prepare reports on use of electronic
monitoring, will distantly assist in installing and configuring base station and bracelet, will make decision about appropriate
reaction on alert from software, will do initial investigation by contacting subject of electronic monitoring, and will inform local
probation offices (case managers) of the State Probation Service (further – SPS) or other competent authorities, if further
investigation or action is needed.
1.7. Installation tools
Tools like screwdrivers, activators, pliers, etc., necessary for installing or replacing the single-use components (bands and their
fasteners) required for functioning of the electronic monitoring devices (base station and bracelet) or for installing other necessary
equipment.
1.8. Training
Instructions and training provided by Tenderer with aim to acquaint SPS officers with functioning of electronic monitoring
equipment and software as well as equip them with necessary skills for installing the devices and using of the software.
1.9. Development work
During test period SPS will identify strong and weak sides of practical implementation of electronic monitoring system provided
by the winner of tender. If winner’s interpretation of requirements of technical specification will differ from initial intention of
SPS or the practical implementation of electronic monitoring will expose imperfections which impede the functioning of
electronic monitoring system and diverge from goals defined in technical specification, the winner shall cooperate with SPS and
shall perfect offered product according to SPS recommendations in time of 3 (three) months after day recommendations were sent.
1.10. Maintenance service
Actions performed on the monitoring system’s hardware and software to prevent problems and to ensure the systems optimum
operating capacity, updating the operation system of server, software of data base server, including ensuring and renewing
licences, electronic monitoring software, updating the application, analysing and solving bottlenecks, etc., and providing
consultations to SPS monitoring centre staff. Maintenance service includes user and technical support services, services of
cleaning bracelets (if washing machines are not installed in premises of SPS), organization and administration of cooperation with
providers of mobile communication services in Latvia, trainings for SPS staff, development work, supplying SPS with necessary
number of monitoring device sets (base station and bracelet), in due time change the bracelets with empty batteries with new ones
(or change the batteries, depending on solution offered), providing the logistics of equipment to and from central office of SPS in
Riga (covering the costs of postal services and tariffs or taxes) and providing other services to ensure functioning of electronic
monitoring equipment (e.g. installation of SIM cards in base stations). Hand-over of equipment linked with delivery of the service
22
can be done in person within premises of the Contracting Authority or via postal services. Acceptance-delivery statement shall be
prepared and signed, if equipment is handed-over in person; whereas by sending equipment via postal services, draft acceptancedelivery statement shall be sent electronically, whose 2 (two) signed copies Contractor send back to Contracting Authority.
(with amendments on 29th December 2014)
1.11. Electronic monitoring system
Base station, bracelet, local monitoring system, operating system of server, software of data base server, electronic monitoring
software, monitoring centre, installation tools, training, and maintenance service.
2. Volume of the rental service
2.1. Upon submitting its tender, the tenderer shall take into account all requirements for the tender contract’s performance, resulting from the
contract notice and from various tender documents.
2.2. During the rental period, the tenderer shall be obliged to ensure the possibility of taking 200 electronic monitoring device sets (base station
with bracelet), electronic monitoring software, 30 sets of installation tools, and bracelet’s 5 washing machines (depending on services
offered) into rent, according to SPS wishes.
2.3. The SPS pays only for equipment currently in active use, at the same time guaranteeing continuous rent of at least 100 electronic
monitoring device sets (base station with bracelet) in contract period (except for testing period) on any date. If in use are more than 100
electronic monitoring device sets, SPS pays for sets which are in active use. In addition to 200 electronic monitoring device sets SPS needs
to have also 45 bracelets and 20 base stations in storage (not in active use), including SIM cards. Costs of rent include costs of
telecommunication services directly linked with ensuring functioning of electronic monitoring system and costs of maintenance service.
(with amendments on 29th December 2014)
2.4. During the test period SPS will evaluate delivered products and functionality of electronic monitoring system. Use of electronic monitoring
system during test period is free of charge (tenderer covers all directly linked costs except remuneration of SPS staff). Tenderer shall
perform development work according to recommendations of SPS (see definition: development work) without any costs to SPS. Test
period starts on a next day after delivery and implementation of electronic monitoring system (devices and other equipment, software,
trainings, etc.) is finished in full amount (performance delivery-acceptance statement is signed by both parties). Minimal length of test
period is 21 day.
2.5. For multiple use of bracelet or tag SPS will need a solution of cleaning of bracelets. Tenderer shall offer rental services of washing
machines, ensuring their installation within premises of SPS and operation, including delivery of necessary cleaning agents, without
additional payment (if tenderer does not offer alternative cleaning solution).
23
3. The Contracting Authority states that specific origin of goods and products, specific processes, trademarks, patents or specific types of goods
indicated within Technical specification, what can create advantages to certain suppliers or cause for rejection, has only informative nature. If
Tenderer offer equivalent and with documents, what are recognized by Contracting authority as sufficient (including technical documentation of
manufacturer or certificate on inspection results of institution accredited according to legislation), can prove that offer is equivalent and suits
requirements of Contracting Authority (declared in Technical specification).
4. Absolute requirements and quality criteria
No
Requirement
Type of
require
ment (Aabsolute
Q6quality)
4.1. Local monitoring system
Compliance
to
requirement
Formula for scoring the quality
requirement
4.1.1.
The bracelet is attached to the client’s leg in a way that breaking or
removal of which or hindrance of the bracelet’s signal etc. taking
place in the base station’s operating range is detected in the
monitoring centre.
A
Yes/no
Not applicable (N/A)
4.1.2.
The bracelet should be small enough to be covered by clothing or be
wearable within a boot.
A
Yes/no
Not applicable (N/A)
4.1.3.
The total weight of bracelet with band must not exceed 300 g.
A
Yes/no
Not applicable (N/A)
4.1.4.
Throughout the rental period, the State Probation Service (SPS)
shall have 200 operational bracelets and base stations at his disposal
simultaneously. These bracelets could simultaneously be used for
monitoring of clients. Tenderer shall replace the bracelets with
empty batteries or change the batteries or charge the batteries at no
A
Yes/no
Not applicable (N/A)
6
Requirements marked with A are regarded as basic and obligatory. Tenderers, whose Technical offer will not comply with these requirements, will be rejected and offer will be
excluded from further participation in the tender. Requirements marked with Q are optional and will be used to evaluate advantageousness of the offer.
24
cost to the SPS.
4.1.5.
Throughout the rental period, the SPS shall have at least 45
additional bracelets and 20 base stations in storage in case there is
unexpected necessity to replace actively used equipment at once.
The additional equipment will be stored at premises of SPS.
A
Yes/no
Not applicable (N/A)
4.1.6.
The SPS must be able to verify the bracelet’s battery’s state before
attaching the device to the client, preventing situations where the
battery runs out during the monitoring period.
A
Yes/no
Not applicable (N/A)
4.1.7.
A base station must contain a battery that must keep the device
operating at least 24 hours in case of a power outage, and the station
must inform the monitoring centre of the power outage.
Concerning base station batteries which lose enough of their
capacity during the rental period that they cannot keep the unit
operational for 24 hours without grid power, the tenderer shall
replace such batteries at no cost to the SPS.
Base station and bracelet must meet the CE standards and have CE
marking (according to Directive 1999/5/EC of the European
Parliament and of the Council of 9 March 1999 on radio equipment
and telecommunications terminal equipment and the mutual
recognition of their conformity: http://eur-lex.europa.eu/legalcontent/en/ALL/?uri=CELEX:31999L0005 )
Base stations and bracelets (except single-use bands or clamps for
attaching the bracelet to client’s body) must have a service life of at
least 2 years.
Single-use items (bands, clamps or other items used for attaching
bracelets or base stations) must have a service life of at least 1 year.
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
Q
Yes/no
Tenderer whose offer comply with
requirement receives 0.5 points
Q
Yes/no
Tenderer whose offer comply with
requirement receives 0.5 points
4.1.8.
4.1.9.
4.1.10.
4.1.11.
25
4.1.12.
The SPS must be able to verify the base station’s battery state to
make sure that it is capable of keeping the station operating at least
24 hours.
Q
Yes/no
Tenderer whose offer comply with
requirement receives 1 point
4.1.13.
The bracelet contains a battery with a service life of at least 2 years
and the battery will not run empty within that time.
Q
Yes/no
Tenderer whose offer comply with
requirement receives 1 point
4.1.14.
Score for weight of bracelet with band
Q
Yes
Tenderer of most light bracelet
receives 5 point.
Other tenderers points receives by
following formula: weight in grams of
the lightest bracelet with band /
weight in grams of the offered bracelet
with band * 5
4.2.1.
4.2.2.
4.2.3.
4.2.4.
4.2.Base station’s communication with bracelet and monitoring centre
Base station must have functionality for mobile telephone contact
A
Yes/no
between the client and monitoring centre using GSM technology
(the voice). In order to transmit the data the communication
between the base stations and monitoring centre must take place
also via mobile telephone networks, which use GPRS (or EDGE or
3G or WCDMA or HSPA+ or HSPA) technology.
Data encryption with TripleDES 168 bit or AES128 bit symmetrical
A
Yes/no
encryption algorithm or equivalent or stronger should be enabled for
data sent between base stations and the monitoring software and
data sent between bracelet and base station.
A single base station must be capable of communicating with two or
A
Yes/no
more bracelets.
A single bracelet must be possible to link with two or more base
A
Yes/no
stations.
26
Not applicable (N/A)
Not applicable (N/A)
Not applicable (N/A)
Not applicable (N/A)
4.2.5.
Communication between base station and bracelet should not be
interrupted when other clients using the same type of equipment
enter or approach the range of base station.
A
Yes/no
Not applicable (N/A)
4.2.6.
It should be possible to adjust the base station range during
installation or when necessary. The base station should have at least
5 ranges.
A
Yes/no
Not applicable (N/A)
4.2.7.
In the event of a communication failure between the base stations
and the monitoring centre, the base station must store unsent events
for at least 24 (twenty four) hours until communication is up and
running again.
The base station must enable calling to at least two configurable
numbers. The numbers which can be called from the base station
must be configurable from the monitoring centre. It must be
possible to phone to base station to conduct conversation with
client. Planned duration of conversations per day for one base
station is not more than 1 (one) hour.
(with amendments on 29th December 2014)
Due to the fact that occasionally erroneous calls or other undesired
calls are made to the base station, it should be possible to enter
which telephone numbers the base station can approve calls from
(white list). (It would be an advantage if it were possible to make a
universal list that applies to all base stations).
It must be possible for employees to adjust the volume of the base
station's ringtone on installation or as needed.
The offered product shall contain biometrical recognition
functionality so that offered product enables to confirm that the
right person is present in the residence when making a control call
to the base station. Tenderer also must provide all necessary
conditions to ensure the functioning of this feature.
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
Q
Yes/no
Tenderers with white list option
receive 1 point.
Q
Yes/no
Q
Yes/no
Tenderer with volume adjust options
receives 1 point
The tenderer with biometrical
recognition possibility receives 7
points.
4.2.8.
4.2.9.
4.2.10.
4.2.11.
27
4.2.12.
4.3.1.1.
4.3.1.2.
4.3.1.3.
It’s possible to adjust any necessary range (not limited with
predefined ranges) of the base station (within area of its connection
with bracelet) during installation or when necessary.
Q
Yes/no
4.3. Functional requirements for the monitoring software
4.3.1. General requirements
The software must enable to manage at least 200 local monitoring
A
Yes/no
devices simultaneously. It must be possible to link devices and
clients for monitoring period.
The software must enable the user to set the times when the client is
Yes/no
A
obliged to leave the base station’s area and when to return or when
the client is obliged to be present in the base station’s area (see
activity schedule and calendar - requirement No.4.3.4.). It must also
be possible to configure the client’s choice of leaving or remaining
so that it is not registered as a violation regardless of the choice that
the client makes.
In addition to the user interface, all texts (instruction, menus, etc.)
A
Yes/no
used in monitoring devices (e.g. base stations) must also be in
Latvian language. If necessary, stickers of appropriate size should
be used.
28
Tenderer with possibility to adjust any
range receives 5 points.
Not applicable (N/A)
Not applicable (N/A)
Not applicable (N/A)
4.3.1.4.
The monitoring software user accounts must be possible to assign
into at least the following user groups with following privileges
(five groups):
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
Q
Yes/no
Tenderer providing technology with
this functionality receives 1 point
Q
Yes/no
Tenderer providing technology with
this functionality receives 2 points
(1) Administrator – has the right to create and delete user accounts,
enter institutions, enter and change necessary data related to
devices, and delete data added by other users;
(2) Duty officer – has the right to monitor data related to all clients,
including alarms and violations, and enter comments to
violations;
(3) Probation officer – has the right to enter clients, and manage the
data of clients entered by that probation officer;
(4) Local probation office – has the right to view and manage the
data of clients entered by that department’s probation officers.7
(5) Probation headquarters - has the right to view data of all clients.
4.3.1.5.
4.3.1.6.
4.3.1.7.
4.3.1.8.
7
All data entries or data modifications taking place via the user
interface must be logged in a database. In addition to the data added
or modified, the log must state the timestamp of the data entry and
the data of the user who entered or modified the data.
The software must be able to store all monitoring related data of all
clients, generated throughout the rental period.
The software must enable to configure the sending messages and
alarms automatically to at least two different mobile telephones as
SMS messages. The content of the SMS messages must be
configurable beforehand and contain at least the client’s name and
surname regarding whom the message is sent.
The monitoring software should contain a function for querying the
status of the field equipment at any point in time. Users should be
able to receive easy to understand information on the status of a
SPS has 28 local offices in different regions of Latvia. Information about SPS offices available at website: http://www.probacija.lv.
29
base station and a bracelet. For example, the remaining battery
capacity of a base station and bracelet, whether the base station is in
operation or not.
4.3.2. Reports
4.3.2.1.
The reports must be possible to print out and save as files. The logos
used in the reports and the data about the local probation office and
the probation officer displayed in headers and footers of reports
must be possible to change, as part of maintenance service.
4.3.2.2. The software must be able to generate at least following reports:
4.3.2.2.1. Client report. This report’s purpose is to provide an overview of the
relevant client’s data.
The report must state at least the following: personal data (name,
surname, personal ID code), data of the base station, the time
schedule and compliance to it, violations (alarms during the
surveillance period).
4.3.2.2.2. Client’s time schedule in a selectable time period. This report’s
purpose is graphically to present a client’s time schedule for a
selected period. The report must state at least the following:
personal data, the time period selected, the time schedule in
graphical view.
4.3.2.2.3. When printing out client’s schedule, it should be possible to edit the
information in the preview before the print run.
4.3.2.2.4. Events related to the client (presence checks, leaves, arrivals,
violations, alarms, warnings) in a selected time period, including
information of date and time of event.
4.3.2.2.5. The software must be able to generate (for printing out and saving
as file) a table of statistical data on specific time period about
persons under monitoring, by probation departments and probation
officers, both for current persons under active monitoring and
throughout the history until the end of the rental period.
4.3.2.3.
System has data exchange services what ensures both synchronous,
and asynchronous data transfer, replication of data bases between
30
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
Q
Yes/no
Q
Yes/no
Tenderer providing technology with
this functionality receives 1 point
Tenderer providing technology with
this functionality receives 1 point
Q
Yes/no
Tenderer providing technology with
this functionality receives 1 point
Q
Yes/no
Tenderer providing technology with
this functionality receives 2 points
4.3.2.4.
4.3.3.1.
4.3.3.2.
4.3.3.3.
involved data base management systems, utilization of data
exchange protocols (SOAP, HTTP/-S, FTP, SMPT, and other) and
formats (XML, binary formats), what needed to integrate external
systems.
Tenderer on request will develop software in a way that it is able to
Q
generate (for printing out or saving as file) any other report needed
on a basis of data software contains. This development of software
will be done not later than in 6 months after receipt of request.
4.3.3. Messages and alarms
Alarms must produce a visual signal on monitor in such a manner
A
that it catches the attention of the employee of the monitoring
centre.
It should be possible to configure 3 levels of importance (high,
A
medium and low) for alarms.
It should be possible for the monitoring centre to group events or
A
alarms that logically belong together before they are transmitted to
the local office of SPS for further processing.
Yes/no
Tenderer providing technology with
this functionality receives 3 points
Yes/no
Not applicable (N/A)
Yes/no
Not applicable (N/A)
Yes/no
Not applicable (N/A)
4.3.3.4.
It should be possible for events, alarms or groups of events or
groups of alarms to be rejected by the monitoring centre or
forwarded to the relevant local SPS office for further processing
A
Yes/no
Not applicable (N/A)
4.3.3.5.
It should be possible for the monitoring centre's staff to get easy and
effective access to the client's personal information and activity
schedule from the alarm screen. Such a check forms the basis how
the alarm is to be handled further.
The central software must receive alarm immediately, if
maintenance becomes essential. This applies to replacing batteries
or bracelets and other actions needed to keep the equipment
operational.
The monitoring software must generate an alarm notifying the
monitoring centre immediately, if an attempt is made to open the
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
4.3.3.6.
4.3.3.7.
31
band of bracelet or base station, or base station is moved so that the
range of base station is changed, reconfigured or settings or stored
information changed.
4.3.3.8.
The monitoring software must generate an alarm, when contact
between a bracelet and a base station is lost at an unscheduled time
(e.g. the client leaves home at a prohibited time).
A
Yes/no
Not applicable (N/A)
4.3.3.9.
The monitoring software must generate an alarm when contact
between a bracelet and a base station is established at an
unscheduled time (e.g. the client arrives home at a prohibited time).
A
Yes/no
Not applicable (N/A)
4.3.3.10.
After the probation officers have carried out the necessary
investigations concerning events or alarms, it should be possible to
close them with "Rejected" or "Violation”.
A
Yes/no
Not applicable (N/A)
4.3.3.11.
The monitoring centre must be able at any time to get current
information whether a bracelet is in an base station’s range (the
client is at home) or not (the client is out when permitted)
A
Yes/no
Not applicable (N/A)
4.3.4. Calendar and activity schedule
4.3.4.1.
When a client is set up in the system, the activity schedule must
always be automatically generated with a 24/7 curfew.
A
Yes/no
Not applicable (N/A)
4.3.4.2.
After entering of the client in the system it must be possible for user
to change automatically generated activity schedule selecting
between the following segment types:
- exclusion
- curfew
- indifferent
The software should have a calendar function with a high degree of
flexibility for registering, changing and deleting activities. It should
be possible to set up series of activities in which it is possible to
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
4.3.4.3.
32
4.3.4.4.
4.3.4.5.
4.3.4.6.
4.3.4.7.
4.3.4.8.
4.3.4.9.
4.3.4.10.
4.3.4.11.
4.3.4.12.
change or delete a single instance in a series without affecting the
whole series.
It should be easy to register exceptions from the registered activities
for shorter or longer periods, for example in connection with illness,
change in working hours or travel time.
It should be shown clearly on the screen when a change was last
made in the activity schedule and which user made the change.
If the activity schedules are stored on the base station, changes to an
activity schedule should be synchronised directly with the base
station. It should also be possible to trigger such synchronisation
manually, if so required.
It should be shown clearly on the screen when the activity schedule
was last synchronised with the base station.
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
It should be possible for administrator to place different labels on
the various segment types specified in requirement no.
4.3.4.2.above. Examples of labels are "Employment", "Travel time",
"Attendance with the Probation Service", "Leave". It should be
possible to define other labels universally as required.
(with amendments on 29th December 2014)
It should be possible for administrator to universally define different
colours on mutual labels mentioned in requirement No.4.3.4.8.
(with amendments on 29th December 2014)
For each of the labels mentioned in requirement No.4.3.4.8. it
should be possible to select which segment type is to be used.
(example: It should be possible to register employment as
“Exclusion”, “Curfew” or “Indifferent” depending on the form or
place of employment)
It should also be possible to register additional information such as
the client’s place of work, meetings with the probation officer,
mandatory programmes/activities etc.
Q
Yes/no
Tenderer providing technology with
this functionality receives 1 point
Q
Yes/no
Tenderer providing technology with
this functionality receives 0,5 points
Q
Yes/no
Tenderer providing technology with
this functionality receives 0,5 points
Q
Yes/no
Tenderer providing technology with
this functionality receives 1 point
It should be possible to define universal and individual parameters
Q
Yes/no
Tenderer providing technology with
33
for "a buffer time"; i.e. the time a client has to leave or enter the
base station range at the start or end of a new segment type without
triggering alarms, and it should be possible to set different buffer
times for different segment types.
4.3.5. Registration of client’s data
4.3.5.1.
4.3.5.2.
4.3.5.3.
It should be possible to register in database and view the following
personal details on each client:
- to which local office of probation the client belongs;
- reference to registered case number in probation case
management system “PLUS”;
- name of client’s case manager (surname and first name);
- client’s name (surname and first name);
- client’s ID code;
- client’s home address;
- telephone number on which the client can be contacted (can
be more than one) and type of telephone (mobile/landline);
- electronic monitoring period (from date and time - to date
and time);
- connected field equipment's (base station and bracelet) serial
numbers and base station’s contact telephone number.
Connecting, changing and removing the client's field equipment
should be possible in a quick and easy manner in the system.
It must be possible to open several instances of the same data from
the database at the same time so that a user can open and read all
information about a client even if another user has the information
about the same client open for updating. Locking conflicts must be
solved automatically or it is acceptable for user number 2 or higher
to be offered only read rights, if the system locks records when they
are opened for write access, but, in such cases, the system must state
which user locked the record.
34
this functionality receives 1 point
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
4.3.5.4.
Data should be stored in a form what makes it possible to retrieve
data not only via the application, but also from interface of data
base server (in its supported formats), if there is a need for large
amount of data export or creation of non-standard reports. Physical
data base model (especially labelling of fields) must be
understandable also without knowledge of the application.
4.3.5.5.
Data should be quality assured consistently, irrespective of the user
A
interface used to register data. The quality assurance must be such
that a certain level of quality for all data in databases can be
guaranteed: non-contradictory, correspondence of data field to predefined type, format etc.
It should be possible to conduct logical tests based on combination
Q
of entered data. For separate fields it is advisable to define input
masks. For example, correspondence of dates to be entered with
business logic of software should be logically checked (electronic
monitoring term cannot exceed one year, electronic monitoring term
cannot be earlier than date of information input etc.), for input of
personal code input mask must be created (may input only numbers
combination of certain length, dash is automatically generated in
appropriate place).
The bracelet and base station serial numbers and telephone number
Q
is automatically filled in within the application when the equipment
is linked to the client.
It must be possible to search and filter clients based on:
Q
- local office of probation;
- name of case manager (surname and/or first name);
- client’s name (surname and/or first name);
- case number in case management system “PLUS”;
- field equipment's (base station and bracelet) serial number;
- client’s and base station registered telephone number.
4.3.6. Solution for logistics of equipment
4.3.5.6.
4.3.5.7.
4.3.5.8.
35
A
Yes/no
Not applicable (N/A)
Yes/no
Not applicable (N/A)
Yes/no
Tenderer providing technology with
this functionality receives 1 point
Yes/no
Tenderer providing technology with
this functionality receives 1 point
Yes/no
Tenderer providing technology with
this functionality receives 3 point
4.3.6.1.
4.4.1.
The monitoring software must contain a logistics function of base
Q
Yes/no
Tenderer complying with requirement
stations, bracelet and other field equipment registering every item
receives 5 points
(base station, bracelet, installation tool set):
- serial number;
- status information (in active use, stock, or undergoing
maintenance);
- location of equipment;
- name and surname, ID code of client (if equipment is in
active use).
It should be possible to register and maintain all types of field
equipment here, and all history should be available.
It should be possible to find where the equipment is located (in
active use, stock, or undergoing maintenance) using serial number.
4.4. Technical characteristics/requirements for monitoring software
It must be possible to implement the solution on SPS technical
A
Yes/no
Not applicable (N/A)
platform (Cisco UCS 5108 Blade Server with VMware vSphere 5
virtualization).
Technical parameters:
2 Intel Xeon CPU (central processing unit) Intel number: E5-2470
v2, RAM (12*32 GB DDR3 1600 Mhz), map of virtual interface
VIC 1240.
The characteristics of network’s data transmission speed:
1)
The incoming data from the Internet line in all sections to
the chassis - 1 Gbps;
2)
Between the virtual servers - 2,5 Gbps;
3)
Interconnection between SPS and data center, where Cisco
UCS Blade Server is located - 200 Mbps.
Information on server model of specific manufacturer provided
with intention to provide detailed description of technical
parameters to tenderer. Mentioned reference has only informative
nature and SPS has authority to ensure equivalent product.
(with amendments on 29th December 2014)
36
4.4.2.
4.4.3.
4.4.4
4.4.5.
4.4.6.
4.4.7.
4.4.8.
4.4.9.
Data base server’s software and operating system’s software must
be maintained and licenced (if applicable) for the entire rental
period.
The end-of-life (EOL) of the platform(s) /version(s) of the software
and any third-party components shall be known and support shall be
ensured at least 3 years from the moment of delivery.
If any new versions of the software are released during the rental
period, these versions must be available at no cost to SPS. The
tenderer must install them into the electronic monitoring
environment in co-ordination with SPS, without any additional
charge, if requested.
Use of the software on SPS work stations must not entail any
additional expenses. Minimal parameters of existing workstations of
SPS: Intel(R) Core(TM) i3-3220 CPU @ 3.30GHz; RAM: 4096
MB; hard drive: 450 GB; operating system: Microsoft Windows 7
Professional.
(with amendments on 29th December 2014)
It should be possible to set the solution up with high availability.
The software shall run 24/7 for a long time without need to restart it.
I.e., there should not be memory leaks or other factors that leads to
reduction of its performance.
The application’s user interface must comply with at least level AA
of WCAG 2.0 (http://www.w3.org/TR/WCAG20/).
No absolute URLs must be compiled into the application.
The application’s configuration parameters must be brought
together into a single location so that the application does not need
to be recompiled in case of changing them (e.g. in a single textbased configuration file, in a database table). The application must
also use them from there (not copy the parameters into any third
locations upon launching); log settings may be kept separate from
the application’s configuration file, i.e. in one additional
configuration file (e.g. Log4net).
37
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
A
Yes/no
Yes/no
Not applicable (N/A)
Not applicable (N/A)
4.4.10.
4.4.11.
4.4.12.
4.4.13.
4.4.14.
4.4.15.
4.4.16.
4.4.17.
4.4.18.
4.4.19.
4.4.20.
The application’s compiling (re-launch of the site, changing the
configuration, etc.) should take maximum 30 seconds. If the
application needs indexed content and it is not available, then the
application must issue a clear message about that.
The configuration files must be protected files by default, according
to the application server type. For example, IIS: *.config,
*.resources, Apache: *.conf, .htaccess. The developer must provide
a list of configuration files if there are several of them.
Application files that the user must not see, must be in folders
which are protected by default. For example: IIS: Bin,App_Code,
App_Data,
App_Browsers,
App_GlobalResources,
App_LocalResources, App_Themes, App_WebReferences.
In authenticated user sessions, the session must be encrypted
between the client and the server, using the HTTPS protocol.
The software must be protected against unauthorised access and
manipulation.
The solution must make it impossible for stations other than
approved base stations to contact the central software.
The application must store all passwords and pass phrases in
encrypted form only. Passwords and pass phrases in unencrypted
form may only exist in the server’s RAM. Also, passwords must not
be stored in unencrypted form (not even temporarily) to any disk.
Encryption must be at least equivalent to the AES256 algorithm.
AutoComplete must be disabled in authentication fields.
XSS, SQL injection and other threats must be minimised by
following the best practices of OWASP
(https://www.owasp.org/index.php/Cheat_Sheets)
The application must log creating, changing (incl. deleting) and
viewing of data.
The application must log the user’s authentication and session’s
end; failed authentication must also be logged, along with its cause
(incorrect password, expired account, etc.).
38
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
A
Yes/no
Yes/no
Not applicable (N/A)
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
4.4.21.
4.4.22.
4.4.23.
4.4.24.
4.4.25.
4.4.26.
The online user interface must be usable in commonly used web
browsers. The minimum requirement is any 2 browsers from the
following (Mozilla Firefox, Chrome and Internet Explorer).
Versions’ support: (Internet Explorer 11 and newer, Chrome 34 and
newer, Mozilla 28 and newer - regarding by the developers support
at the moment of testing the application.
The user interface must always ask confirmation for deleting or
mass-changing of data, unless agreed otherwise.
All parts of the user interface must be in Latvian language.
In case of an application’s error, the user interface must react with a
user-friendly error message in Latvian language, containing also the
error code.
The application must be graphically scalable and conveniently
usable with the following monitor resolutions: 1024x768,
1280x1024, 1680x1050, 1920x1080, 1920x1200. No horizontal
scrollbar may appear in any of the aforementioned resolutions.
Tenderer shall submit:
1. Software installation package;
2. Documentation of software, including description of
system’s architecture, specification of software’s
requirements, administrator’s hand-book, instructions for
creating back-up copies of system, recovery of system and
development of test environment, installation guide,
instruction for users.
3. Tenderer develops and coordinates with SPS as well as
deliver security documentation package of the system
(security policy, security rules, assessment of security risks,
plan for prevention of security risks, plan for restoration of
the system etc.).
Installation package and all mentioned documents shall be updated
regularly and submitted together with delivery of deliverable and
modifications.
39
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
A
Yes/no
Yes/no
Not applicable (N/A)
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
4.4.27.
4.4.28.
4.4.29.
4.4.30.
4.4.31.
4.4.32.
4.5.1.
By delivering updates of documentation they shall include
references on place (section, page) of amended text within
document and date of amendments.
(with amendments on 29th December 2014)
Active Directory services must be used for user authentication. The
Q
application must use the limiting parameters accompanying an AD
account, for example: the account is blocked, the password has
expired, the account has expired, etc.
It must be possible to grant privileges to the application’s end users
Q
via rules defined in the database. Application-based user roles must
not be defined solely via AD OUs and groups.
It should be possible to work with several windows/functions at the
Q
same time (e.g. web functionality by being able to open
functions/screens in new tabs or windows)
The monitoring software should have a help function that is easy
Q
accessible for user.
A user must be able to see the application’s version number on the
Q
user interface’s start page, without needing to log in.
Application must have a configurable time for user session’s expiry.
Q
This expiration time must be changeable like other configuration
parameters.
4.5. User support
The tenderer shall ensure technical support for the offered
A
monitoring equipment, monitoring software and hardware
throughout the entire rental period. The technical support service
must include all activities necessary to ensure faultless operation of
the electronic monitoring devices and the monitoring software. The
tenderer’s representative shall be ensured remote connection via
secure channels (VPN) with the hardware and software installed in
SPS’s premises in order to perform technical support activities on it.
40
Yes/no
Tenderer providing technology with
this functionality receives 0,5 points
Yes/no
Tenderer providing technology with
this functionality receives 0,5 points
Yes/no
Tenderer providing technology with
this functionality receives 0,5 points
Yes/no
Tenderer providing technology with
this functionality receives 0,5 points
Tenderer providing technology with
this functionality receives 0,5 points
Tenderer providing technology with
this functionality receives 0,5 points
Yes/no
Yes/no
Yes/no
Not applicable (N/A)
4.5.2.
The tenderer shall offer distant oversight, monitoring of the system,
in order to prevent errors, problems in due time and to react
according to reaction times stipulated in requirement No.4.5.5. By
reacting on notification about critical error (1st and 2nd level of
severity), technical support by the administrator of electronic
monitoring software must be ensured day and night – free of charge
phone conversations, by fax and via e-mail – on Latvian or English
language.
A
Yes/no
Not applicable (N/A)
4.5.3.
The tenderer throughout the entire rental period shall ensure
technical support for users – free of charge phone conversations, by
fax and via e-mail – during working hours of SPS (40 hours per
week) on Latvian or English language.
A
Yes/no
Not applicable (N/A)
4.5.4.
The tenderer must provide a maintenance service for both the
hardware and the software of the monitoring system throughout the
entire rental period.
Reaction times of the technical support service must be divided into
at least three levels.
Reaction time shall start from the moment when SPS informs the
tenderer about the problem by telephone, e-mail or any other
manner.
•
Severity level 1
Technical support must identify and solve the problem in 60
minutes.
•
Severity level 2
Technical support must provide feedback about the schedule of
solving the problem in 12 hours and must solve the problem in 36
hours.
A
Yes/no
Not applicable (N/A)
A
Yes/no
Not applicable (N/A)
4.5.5.
41
•
Severity level 3
Technical support must provide feedback about the schedule of
implementing the suggestion in 72 hours and implement the
suggestion in 14 calendar days.8
(with amendments on 29th December 2014)
4.5.6.
4.5.7.
4.6.1.
Tenderer ensures electronic system for processing notifications
A
where all submitted notifications are registered. Tenderer ensures
access (to view and change information) for at least 5 (five)
representatives of SPS to electronic system for processing
notifications.
Representative of Tenderer, whom responsible for performance of
Q
this contract, signing performance-acceptance statements and solves
all other cooperation issues on behalf of the Tenderer, always
available for face-to-face meetings in Latvia and fluently speaks
Latvian (or will be with interpreter). Representative of Tenderer
shall be available in presence at SPS address 91 Dzirnavu Street,
Riga, in time of 4 (four) hours after receipt of invitation. Means for
sending invitation – e-mail, phone or fax. Arrival at address of SPS
shall be during working hours of SPS.
(with amendments on 29th December 2014)
4.6. User training
The tenderer during two weeks after contract comes into force shall
A
conduct training with the duration of at least two business days in
Riga. The training shall be provided for 20-25 officers of SPS who
will be involved in implementing of electronic monitoring. The
training must consist of theoretical and practical part. The training
must take place in Latvian language; the tenderer shall organise
8
Yes/no
Not applicable (N/A)
Yes/no
Tenderer providing such
arrangements of cooperation receives
3 points
Yes/no
Not applicable (N/A)
Three severity levels mean: severity level 1: full loss of service. Impossible to use the monitoring system and/or bracelet or base station devices have lost connection to the
monitoring system. Severity level 2: operation of the monitoring system or the bracelet or base station devices is significantly disturbed and normal work is hindered. Severity
level 3: Improvement suggestions that would not make work more difficult, but would make work processes faster and more effective. The severity level will be determined by
SPS.
42
interpretation, if necessary. The tenderer for each participant shall
provide materials on Latvian language on training’s topics.
4.6.2.
The user training must include at least the following topics:
- General overview of the electronic monitoring system;
- Configuring / installing / using bracelet and base station
devices;
- Configuring / using the monitoring system software.
The persons having completed the training must be capable of
independent use of the electronic monitoring devices and the
software.
The user training’s costs must be included in the equipment’s rental
price.
A
Yes/no
Not applicable (N/A)
4.6.3.
A separate training must be conducted for SPS’s specialists. The
training’s goal is to introduce with activities necessary for
administrating the system (creating user accounts, entering devices
into the system, adding institutions etc.). Additionally, an overview
must be provided about the system’s hardware and software
components and their interaction. The training’s purpose is to
establish competence on SPS’s side for dealing with different issues
and problems that could be encountered administrating the system,
including emergency restoration of electronic monitoring software
and data base.
A
Yes/no
Not applicable (N/A)
4.6.4.
Tenderer trainer shall visit local offices to consult officers about
electronic monitoring topics (in 6 months after contract entering
into force) - 5 offices (to be chosen by SPS) to be visited and 1 full
day in each office.
Q
Yes/no
Tenderer who offers visits to local
offices to consult probation officers on
using the offered product receives 1
point.
4.6.5.
Documentation on Latvian or English suitable for in-service training
of monitoring centre personnel, logistics personnel and system
administrators should be offered. User’s handbook must be on
Q
Yes/no
Tenderer who offers visits to local
offices to consult probation officers on
using the offered product receives 1
43
Latvian language.
4.6.6.
4.7.1.
4.7.2.
4.7.3.
4.7.4.
point.
For high quality delivery of training mentioned in requirement
no.4.6.1., tenderer shall arrange training in hotel (at least 3*) in
Riga, will provide accommodation (with breakfast) for up to 15
persons (1 night) in the same hotel, will provide meals (for all –
lunch; dinner – for those having accommodation at hotel) and
coffee-breaks for participants of training. All costs are paid by the
tenderer.
Q
Yes/no
(with amendments on 29th December 2014)
4.7. Requirements for compatibility to the infrastructure of Latvia
The equipment offered must be usable within Latvia’s electricity
A
Yes/no
grid.
The equipment offered must use radio spectrum allocated for public
A
Yes/no
use and comply with the Rules No.1151 of the Cabinet of Ministers
of Latvia (http://likumi.lv/doc.php?id=198903)
The mobile connection used by base station must be compatible
A
Yes/no
with services provided by Latvian operators of mobile
telecommunications.
Tenderer shall establish contractual relationships with providers of
A
Yes/no
mobile communication services in Latvia with aim to ensure
operation of electronic monitoring system, where:
(1) providers of mobile communication services ensure
communication (data and voice transfer) via their mobile
communication networks between all base stations and
monitoring centre, and
(2) tenderer is responsible for organization and administration of
cooperation with providers of mobile communication services
in Latvia, and payments for used services.
44
Tenderer providing such additional
services for participants of training
receives 2 points
Not applicable (N/A)
Not applicable (N/A)
Not applicable (N/A)
Not applicable (N/A)
4.8. Operating requirements for the software
4.8.1.
The number of simultaneous users required by the SPS is at least
A
Yes/no
Not applicable (N/A)
100 users (specialists of SPS) on weekdays and 30 users of software
on weekends.
The number of simultaneous users means the number of users using
the service at the same time so that the service’s high-quality
functioning is still ensured.
4.8.2. Requirements concerning interruptions of electronic monitoring software functionality throughout the rental period:
4.8.2.1.
The advance time of notifying about scheduled interruptions must
A
Yes/no
Not applicable (N/A)
be at least 48 hours. Scheduled interruptions must be notified about
on business days at 9:00-17:00, Latvian time.
Scheduled interruption means a previously agreed time period
during which the service is not available to the SPS.
4.8.2.2.
The maximum total duration of all scheduled interruptions in a year
A
Yes/no
Not applicable (N/A)
is 12 hours.
4.8.2.3.
The maximum duration of an individual scheduled interruption is
A
Yes/no
Not applicable (N/A)
0.5 hours.
4.8.2.4.
The maximum number of scheduled interruptions per month is 2
A
Yes/no
Not applicable (N/A)
interruptions.
4.8.2.5.
The maximum permitted total duration of unscheduled interruptions
A
Yes/no
Not applicable (N/A)
in a year is 24 hours.
The maximum duration of an individual unscheduled interruption is
2 hours.
Unscheduled interruption means an interruption not having been
scheduled, taking place during time of the service’s operation.
4.8.3.
Tenderer at least once per 12 (twelve) months shall conduct
A
Yes/no
Not applicable (N/A)
performance and load tests; the first test shall be conducted during
last week of the test period. After each testing summary shall be
submitted with description of conducted tests, results and
recommendations for improvement of software’s performance.
4.8.4.
Registration of alarms and warnings must continue in the
Q
Yes/no
Tenderer providing such functionality
monitoring system during scheduled interruptions.
of technology receives 1 point
45
4.8.5. The following limitations of reaction time apply to the tenderer’s software during the rental period (reaction time means the time spent from the
moment of entry or query signal until receiving a reply):
4.8.5.1.
Logging in: maximum 5 seconds.
Q
Yes/no
Tenderer providing such functionality
of technology receives 1 point
4.8.5.2.
Searching for a client by one criterion: maximum 2 seconds.
Q
Yes/no
Tenderer providing such functionality
of technology receives 1 point
4.8.5.3.
Displaying detailed data about a client: maximum 3 seconds.
Q
Yes/no
Tenderer providing such functionality
of technology receives 1 point
4.8.5.4.
Generating daily reports: maximum 10 seconds. Generating more
Q
Yes/no
Tenderer providing such functionality
complex reports (i.e., for period of a year) 30 seconds
of technology receives 1 point
4.8.5.5.
Initial synchronising of data between a base station and the
Q
Yes/no
Tenderer providing such functionality
monitoring system: 300 seconds.
of technology receives 1 point
4.8.5.6.
A repeat synchronising of data between a base station and the
Q
Yes/no
Tenderer providing such functionality
monitoring system: 600 seconds.
of technology receives 1 point
4.8.6.
Tenderer at least once per 12 (twelve) months offers to conduct
Q
Yes/no
Tenderer providing such functionality
security tests by using sanctioned penetration (Penetration test) and
of technology receives 5 points
by involving certified ethical hacker in security testing. The first test
shall be conducted during last week of the test period. Aim of the
testing is to check tenacity of software against non-sanctioned
access and attacks. Tenderer shall submit summary of security
testing with description of conducted tests, results and
recommendations for improvement of software’s security. Tenderer
offers registration of information critical for security.
4.9.Time needed to deliver and implement electronic monitoring system
4.9.1.
Delivery and implementation of electronic monitoring system
A
Yes/no
Not applicable (N/A)
(devices and other equipment, software, trainings etc.) in full
amount must be finished – electronic monitoring system must be
fully operational - not later than in 60 days after contract between
SPS and tenderer comes into force. Terms for delivery and
acceptance to be calculated in calendar days by foreseeing that
delivery and implementation works of the System shall be done
during working hours of SPS’s administration (working hours of
46
4.9.2.
SPS: http://www.probacija.lv/page.php?id=643).
(with amendments on 29th December 2014)
Delivery and implementation of electronic monitoring system
(devices and other equipment, software, trainings etc.) in full
amount will be finished – electronic monitoring system must be
fully operational - faster than in 60 days after contract between SPS
and tenderer comes into force.
Q
Yes/no
Tenderer with smallest number of
calendar days needed to deliver and
implement electronic monitoring
system receives 15 points.
Other tenderers points receives by
following formula: smallest number
of days/ offered number of days * 15
47
SECTION III
DRAFT PROCUREMENT CONTRACT
Procurement contract No. ______________
Creation of System for Community Supervision of Probation Clients by
Applying Technical Measures
Riga
_________________ 2014
The State Probation Service, registration No. 90001625082, address Dzirnavu str.
91, Rīga, LV-10111 (hereinafter - Service), represented by its Head Mihails Papsujevičs,
acting on the basis of Rules of Cabinet of Ministers „Bylaws of the State Probation
Service” issued on December 25, 2005, November 13, 2013; Decree of Ministry of Justice
of Republic of Latvia No. 10-10.1/1619 „About transfer of M.Papusjevičs”, issued on
November 13, 2013; and Project contract No. 9002 – 9/3 (1 – 6.4/5) concluded on June 13,
2013, on previously announced Project No LV08/1 „Increasing the Application of
Alternatives to Imprisonment (Including Possible Pilot Project on Electronic
Surveillance)” (hereinafter referred to as the SPS), on the one hand, and
____________________________[name
of
the
Contractor]
(registration
No.____________), represented by its________________________________ [position,
name,
surname],
acting
on
the
basis
of
_____________________________________[grounds for authorization] (hereinafter
referred to as the Contractor), on the other hand,
jointly referred to as the Parties, severally referred to the Party, in accordance with the
open tender’s “Creation of System for Community Supervision of Probation Clients by
Applying Technical Measures”, identification No. VPD 2014/11 (hereinafter referred as
the open tender), bylaws, results, and the technical offer for tender submitted by the
Contractor (Annex No.1), enter into the following contract (hereinafter referred to as the
Contract):
1.
Object of the Contract
1.1.
Goal of the Contract is to ensure creation of the electronic monitoring system
(hereinafter referred to as the System), its sustainable, continuous and qualitative
operation according to Technical specification of tender for community supervision
of probation clients by applying technical measures.
1.2.
Object of the Contract is to ensure electronic monitoring service (hereinafter
referred to as the Service) according to regulations of the Contract and Technical
specification of the tender, what includes:
1.2.1. Creation of electronic monitoring centre, including delivery of necessary
equipment etc.
1.2.2. Rent of electronic monitoring bracelets, base stations and sets of installation
tools, including 200 sets of electronic monitoring equipment (base station with
bracelet), 30 sets of installation tools, additional 45 bracelets and 20 base
49
stations for reserve (not in active use), including SIM cards, and bracelet’s 5
washing machines (depending from services offered);
(with amendments on 29th December 2014)
1.2.3. Installation of software and ensuring of maintenance service, including user
support services, organization and administration of cooperation with operators
of mobile telecommunications in Latvia, trainings for SPS employees,
development work.
2.
Sum of the Contract and payments
2.1.
Total sum of the Contract for ensuring the Service mentioned in Clause 1.2 of the
Contract is EUR __________ (sum in words euro), VAT excluded, anticipating that
during term of the Contract sum of the Contract may not be reached, but shall not
be exceeded. In addition to this sum value added tax is charged according to rate set
in the law On Value Added Tax of the Republic of Latvia.
2.2.
Total sum of the Contract during term of the Contract forms by incorporating:
2.2.1. Rent costs per day for one unit of 200 (two hundred) base stations and bracelets,
45 (forty five) bracelets and 20 (twenty) base stations for reserve (not in active
use), including SIM cards – EUR _____ (sum in words), but not more than EUR
_____ 9 (sum in words) and not less than EUR _________ 10 (sum in words);
(with amendments on 29th December 2014)
2.2.2. Costs per month for monitoring software, installation tools (30 sets),
maintenance service and, if applicable, washing machines for cleaning bracelets
– EUR _______ (sum in words).
2.3.
SPS each month shall pay the Contractor for the Service by making payments
stated in the Contractor Financial offer (Annex No.2) only for bracelets and base
stations in active use, at the same time guaranteeing continuous use of at least 100
(one hundred) base stations and bracelets during term of the Contract, excluding
test period, and one month costs of monitoring software, installation tools (30 sets),
maintenance service and, if applicable, washing machines for cleaning bracelets. If
more than 100 (one hundred) units of base stations and bracelets are in
simultaneous use, SPS pays for sets in active use. It is considered that the
equipment is in active use from the date on which the software recorded signals to /
from the base station, which is synchronized with built-in transmitter of the
supervised person’s bracelet, and ends on the date when there is no registered
signals on software to / from the base station.
(with amendments on 29th December 2014)
2.4.
9
Electronic monitoring service payment include all costs linked with the Service
mentioned in Clause 1.2 of the Contract, as well as costs linked with
implementation of electronic monitoring system and provision of software, and
Costs per day for one unit of base station and bracelet multiplied by 200 units.
Costs per day for one unit of base station and bracelet multiplied by 100 units.
10
50
costs for other activities done to perform the Contract, including costs for actually
used telecommunication services.
2.5.
Use of the System during test period and development work are free of charge.
2.6.
If any equipment is not in SPS actual use because of objective reasons, SPS shall
have the right not to pay for the relevant devices in amount specified in Financial
offer. In understanding of SPS objective reasons are, for example: 1) equipment is
not working according to requirements of technical specification; 2) SPS has
recognised and informed the Contractor that the system or equipment is damaged,
destroyed, lost, stolen or other similar situation occurred; 3) if some of the
components does not work (bracelet or base station or software or they are not
provided with services of telecommunications needed for their operation) and this
occurred due to fault of the Contractor (for example, device does not work or low
quality service) as a result of what it is impossible to perform electronic monitoring
of specific person.
(with amendments on 29th December 2014)
2.7.
SPS do payments according to the Contract for the Service after mutual conclusion
of performance acceptance-delivery statement and receipt of invoice. The
Contractor shall submit draft performance acceptance-delivery statement and
invoice to SPS by the 10th day of each month.
2.8.
SPS shall pay received invoice within 30 (thirty) days after receipt of invoice and
mutual conclusion of performance acceptance-delivery statement. The payment
obligation shall be considered performed, when payment of invoice SPS submitted
to bank.
2.9.
SPS shall not make prepayments for the Service.
2.10. The Service according to the Contract is disbursed by financial resources of SPS,
including financial resources of the Project No LV08/1 „Increasing the Application
of Alternatives to Imprisonment (Including Possible Pilot Project on Electronic
Surveillance)” of the Norway Grants Financial Mechanism 2009-2014 Programme
No.LV08 „Reform of the Latvian Correctional Services and Police Detention
Centres”. By issuing invoice, the Contractor indicates financial source.
3.
3.1.
Acceptance-delivery of electronic monitoring services
The Contractor shall ensure delivery and implementation of the System, namely
provision of electronic monitoring service, no later than by …. (the Contractor’s
offered deadline as in tender). Delivery and implementation process of electronic
monitoring system shall be considered completed when electronic monitoring
system is fully functional according to requirements of technical specification and
performance acceptance-delivery statement is concluded. The deadline of delivery
and implementation of System mentioned in this paragraph shall be postponed by
time period when due to fault of SPS was impossible to carry out delivery or
implementation of the System.
51
(with amendments on 29th December 2014)
3.2.
The Contractor during test period from …….. until ……… (the Contractor’s
offered test period as in tender), before conclusion of performance acceptancedelivery statement, shall ensure possibility for SPS to check conformity of the
System.
3.3.
The Contractor shall deliver the equipment provided for ensuring the Service to the
91 Dzirnavu Street, Riga, Latvia. The representative of the Contractor for delivery
of equipment provided for ensuring the Service, as well as signing documents
linked with delivery, is indicated in Clause 12.2 of the Contract.
3.4.
The equipment must be delivered with accompanying documentation (digital or on
paper). On delivery of equipment the Contractor shall submit documents
confirming delivery for signing to the representative of SPS indicated in Clause
12.1 of the Contract.
3.5.
SPS has a right to express justified objections in written form about conformity of
delivered equipment to conditions of the Contract.
3.6.
The risk of accidental damaging of equipment shall transfer to:
3.6.1. SPS, when equipment is handed over in possession of SPS;
3.6.2. the Contractor, when equipment is handed back in possession of the Contractor.
Parties agree that equipment is handed over in possession of the Contractor,
when it’s handed over in person to representative indicated in Clause 12.2 of the
Contract or handed over to postal service for sending.
3.7.
The Contractor hereby declares that third persons do not have and they shall not
have any rights of claims on equipment and electronic monitoring system handed
over for utilization to SPS.
4.
Compliance of the Service to the Contract
4.1.
Rented electronic monitoring system, equipment and objects of purchase shall
conform to conditions and amount of the Contract, including the technical and
quality requirements prescribed in the tender, as well as with the commonly agreed
quality requirements of such System and equipment. The System and the
equipment must be usable in a manner required for purposeful performance of the
contract.
4.2.
If SPS discovers a non-conformity of equipment to the Contract, SPS:
4.2.1. Shall inform the Contractor about non-conformity;
4.2.2. Prepares request for averting non-conformity by indicating deadline;
52
4.2.3. Sends request and relevant equipment to the Contractor.
4.3.
The Contractor upon receipt of non-conforming equipment, within deadline
indicated in request, shall act in one of those ways:
4.3.1. To replace the non-conforming equipment with conforming equipment
according to requirements of SPS at own expense; or
4.3.2. To repair equipment at own expense.
4.4.
In case mentioned within Clause 4.2 of the Contract, costs linked with sending
equipment to the Contractor shall be covered by the Contractor.
4.5.
In case of failure to timely avert non-conformity according to Clause 4.2 of the
Contract, the Contractor in term specified by SPS shall compensate to SPS
expenses that were incurred by SPS in relation to addressing third parties for
repairs of equipment or the System.
5.
5.1.
Use of the equipment and the System during period of the Contract
SPS shall have the following rights:
5.1.1. To demand that the Contractor eliminate faults occurring or appearing during
use of equipment and the System throughout the Contract period, pursuant to
conditions of the Contract;
5.1.2. To change delivery address of the System and equipment, as well as
representative indicated in Clause 12.1 of the Contract by informing the
Contractor about that in due time;
5.1.3. To involve third parties for processing of data.
5.2.
SPS shall have the following obligations:
5.2.1. To use equipment and the System sustainably and according to their purpose.
SPS shall do everything what is necessary to ensure that users of equipment and
the System respect rules of the Contract;
5.2.2. To preclude installation of illegal software into any of the devices or the System,
including any software that may deteriorate functionality of equipment or the
System;
5.2.3. To inform the Contractor immediately of the System or any devices becoming
damaged, destroyed, lost, stolen or about other similar situations;
53
5.2.4. During the Contract period to provide the representative of the Contractor
indicated in Clause 12.2 of the Contract (or person authorised by him) with
access to SPS premises at times agreed between the parties, in order to enable
proper performance of the implementation of the System and to enable the
System’s maintenance activities, and support for users of the System.
5.3.
SPS is prohibited from making any changes in the System or equipment, except if
those activities are co-ordinated beforehand with the Contractor in written form.
5.4.
SPS do not have responsibility to cover losses of the Contractor in cases specified
in Clause 5.2.3 of the Contract for the first 20 (twenty) damaged units during each
calendar year. SPS is obliged to cover losses of the Contractor for each bracelet and
base station what exceeds 20 (twenty) units during each calendar year for base
stations and bracelets. SPS is obliged to cover losses of the Contractor in cases
specified in Clause 5.2.3 of the Contract, if losses occurred because of unlawful,
guilty action of the SPS.
(with amendments on 29th December 2014)
6.
Liability of parties
6.1.
In case of delayed performance of monetary obligations set down by this Contract,
the Contractor shall have the right to demand from SPS a penalty interest of 0,2%
(nought comma two percent) of the due sum per each delayed day, but no more
than 10% (ten percent) of the sum indicated in invoice.
6.2.
If the Contractor does not deliver the equipment in terms set down by the
Contractor, SPS shall have the right to demand a penalty for each delayed device.
Penalty shall be calculated as double amount of one day’s rent price of relevant
device for each delayed day, but not exceeding 10% (ten percent) of price of
relevant device as indicated in Financial offer.
6.3. SPS shall have right to demand from the Contractor the Contract penalty in case, if:
6.3.1. The Contractor have not performed development work within 3 (three) months
from day when recommendation was sent or (if requirement No.4.3.2.4. of
Technical specification applicable) according to SPS recommendations - penalty
100 EUR per each day of delay, but not exceeding 10 % (ten percent) of sum of
the Contract.
6.3.2. The Contractor does not provide support services according to requirements of
Technical specification (requirement No.4.5.5 of Technical specification) –
penalty 50 EUR for each case, but not exceeding 10 % (ten percent) of sum of
the Contract.
6.3.3. The Contractor does not provide trainings to SPS employees according to
requirements of Technical specification (requirement No.4.6.1. and, if
applicable, requirement No.4.6.6. of Technical specification) – penalty 10 000
EUR.
54
6.3.4. The Contractor does not notifies in due time about scheduled interruptions
according to requirement of Technical specification (requirement No.4.8.2.1 of
Technical specification), in case when interruption happened due to activity or
inactivity of the Contractor – penalty 100 EUR for each case, but not exceeding
10 % (ten percent) of sum of the Contract.
6.3.5. The services provided by the Contractor exceeds maximum time for all
interruptions defined by requirement of Technical specification (requirement
No.4.8.2.2. of Technical specification), in case when interruption happened due
to activity or inactivity of the Contractor – penalty 50 EUR for each hour, but
not exceeding 10 % (ten percent) of sum of the Contract.
6.3.6. The services provided by the Contractor exceeds maximum time for each
separate scheduled interruption defined by requirement of Technical
specification (requirement No.4.8.2.3. of Technical specification), in case when
interruption happened due to activity or inactivity of the Contractor – penalty 50
EUR for each hour, but not exceeding 10 % (ten percent) of sum of the Contract.
6.3.7. The services provided by the Contractor have scheduled interruptions whose
numbers exceeds maximum amount defined by requirement of Technical
specification (requirement No.4.8.2.4. of Technical specification), in case when
interruption happened due to activity or inactivity of the Contractor – penalty
200 EUR for each case, but not exceeding 10 % (ten percent) of sum of the
Contract.
6.3.8. The services provided by the Contractor have unscheduled interruptions whose
duration exceeds maximum defined by requirement of Technical specification
(requirement No.4.8.2.5. of Technical specification), in case when interruption
happened due to activity or inactivity of the Contractor – penalty 50 euro for
each hour, but not exceeding 10 % (ten percent) of sum of the Contract.
6.4.
If the system is not implemented by the deadline stated in Clause 3.1 of the
Contract, SPS shall have the right to demand that the Contractor pay a contract
penalty of 500 EUR per each delayed day, but no more than 10% (ten percent) of
sum of the Contract.
6.5.
The Contractor must submit the contract guarantee at least in amount of 10 % of
offered sum of the Contract in time of 20 (twenty) working days after mutual
conclusion of the Contract. The contract guarantee must be submitted as bank
guarantee or insurance policy. Contract guarantee is in force during whole Contract
period and 10 (ten) days after end of the Contract. The party, which provides the
contract guarantee, shall disburse contract guarantee according to request signed by
the Head of SPS, in following cases:
6.5.1. The Contractor does not deliver the equipment and does not implement the
System in full amount within 60 days, contrary to term specified in Technical
specification (Requirement No.4.9.1.);
55
6.5.2. The Contractor does not fulfil his obligations related with conformity of
equipment or the System to conditions of the Contract and delay exceeds terms
specified in Technical specification and Technical offer by 90 days.
6.5.3. The Contractor terminates the Contract in cases not provided in the Contract.
6.6.
Aim of the Contract penalties is to ensure performance of the Contract and delivery
of the Service according to goal of the Contract, and payment of the Contract
penalty does not free party from performance of the Contract.
6.7.
If SPS terminates the Contract before term specified in Clause 10.3, SPS shall pay
the Contract penalty in amount of 10% (ten percent) of sum of the Contract.
7.
Notices between the parties
7.1.
Parties shall exchange with information via phone, e-mail, fax or mail. If the
delivery of a notice has significant legal consequences, notice shall be submitted in
written form. Such notice, for example, is the notice of terminating the Contract.
The digitally signed form of document is considered equal to a written one.
Requirement on written form of document is performed referring to digital
document, if digital document complies with other requirements of legislation.
7.2.
Notices related to performance of the Contract shall be delivered to the address of
party stated in the Contract. Parties shall be obliged to immediately inform about
changes in its contact details. If the party has changed its contact details during the
Contract’s term and has not informed the other party in written form, notices shall
be considered received, if sent to the party’s last stated contact details.
7.3.
A written notice shall be considered received by the addressee party, if the notice
has been handed over for signature or if the notice has been sent via postal service
to the address stated by the addressee party and 5 (five) calendar days have passed
after mailing the notice. Notices sent by fax shall be considered received at the time
marked in the fax message’s print-out. Notices sent via e-mail, including digitally
signed ones, shall be considered sent at the time marked into the time stamp of email.
8.
Force Majeure
8.1.
Failure in performance of the Contract by either Party hereunder shall be excused,
if that happened because of force majeure or emergency situations, what respective
party was not able neither to foresee, nor to prevent, nor to influence, and for what
occurrence parties are not responsible (for example, elemental disasters, war,
blockade, civil riots, strike, operations of communication and credit institutions,
legislation, activity of governmental or local municipality’s institution and their
adopted documents).
8.2.
The party for whom occurred circumstances mentioned in Clause 8.1 of the
Contract shall immediately inform other party on beginning or end of those
56
circumstances, as well as to perform all necessary activities to estop formation of
losses.
9.
9.1.
Confidentiality and requirements for security of data processing
As confidential information in terms of the Contract Parties consider:
9.1.1. Information to which business secret status assigned by the Contractor
unequivocally, except information publicly available according to legislation on
publicity of information and public procurements;
9.1.2. Classified information to which such status assigned by SPS or legislation;
9.1.3. Personal data or other data and information obtained and processed during
operation of the System (hereinafter referred to as the System’s data);
9.1.4. Other information prescribed as confidential by SPS during term of the Contract.
9.2.
The Contractor is obliged to inform SPS on status of information mentioned in
Clause 9.1.1 of the Contract.
9.3.
SPS is obliged to inform the Contractor on status of information mentioned in
Clause 9.1.2 and 9.1.4 of the Contract.
9.4.
The Contractor use and utilize confidential information by strictly complying to
verbal and written directions of SPS, by pledging to comply to all requirements of
legislation what regulates operations of SPS, as well as requirements of other
documents directly indicated by SPS.
9.5.
It’s prohibited for the Parties to disclose confidential information irrespective of
form, ways of creation or preserving of this information, i.e. its form can be verbal,
written, digital, or formed on whatever data carriers.
9.6.
As unlawful disclosure of confidential information the Parties comprehend disposal
of confidential information verbally, in written, digitally or by whatever other
technical means, its copying, reproduction, copying on data carriers (CD, DVD,
flash memories, as well as other data carriers), distribution, selling, presentation,
rent, changing, alteration, correction and hand-over to third parties or other similar
activities with confidential information.
9.7.
The Contractor process the System’s data on such occasions:
9.7.1. To ensure performance of development work according to Technical
specification (requirement No.1.9 of Technical specification);
9.7.2. To ensure performance of maintenance service according to Technical
specification (requirement No.1.10 of Technical specification).
57
9.8.
The Contractor during performance of activities mentioned in Clause 9.7 of the
Contract shall process the System’s data only on necessary amount, by accessing
data and processing data:
9.8.1. Within premises of the Contractor;
9.8.2. Distantly via secure channel (requirement No.4.5.1. of Technical specification),
by using the same technical resources for data processing what are used to
ensure operation of the System, are in possession of SPS and located in the
Republic of Latvia.
9.9.
Transfer of the System’s data or processing of other type outside technical
resources ensuring operation of the System, what are in possession of SPS and
located in the Republic of Latvia, is prohibited.
9.10. Exception from Clause 9.9 of the Contract may be only in case, if it’s not possible
to achieve goal of the Contract by processing the System’s data according to Clause
9.8 of the Contract. In such case the Contractor is obliged:
9.10.1. To inform SPS in due time on activities to be performed;
9.10.2. To submit written explanation, why it’s not possible to process the System’s
data according to Clause 9.8 of the Contract;
9.10.3. To receive written approval form SPS beforehand;
9.10.4. To comply to all requirements of SPS regarding amount of work to be
performed, deadlines and data protection.
9.11. According to Clause 9.10 of the Contract, the Contractor, to process data within
activities mentioned in Clause 9.7 of the Contract, has rights to ask SPS for a
permission to create the System’s data base copy (in full amount or partly). In such
case, after request of SPS, the Contractor shall depersonalize all the System’s data
containing personal data within the System’s data base copy. Data shall be
depersonalized not later than before processing their transfer outside technical
resources ensuring operation of the System, what are in possession of SPS and
located in the Republic of Latvia. For depersonalization of the System’s data
containing personal data, after coordination with SPS and according to directions of
SPS, the Contractor utilize technological solutions and methods what results in
pseidonymised or anonymised personal data. Hand-over of the System’s data base
copy shall be recorded in acceptance-delivery statement concluded by
representatives of both Parties.
9.12. If the Contractor wish to hand-over processing of the System’s data in full amount
or partially to other person, the Contractor is obliged:
9.12.1. To receive written approval form SPS beforehand;
58
9.12.2. To conclude written contract what prescribes the same obligations to this person
as the Contractor has according to this Contract;
9.12.3. To send to SPS copy of the contract mentioned in Clause 9.11.2 of the Contract.
9.13. The Contractor stores confidential information in such a safe place and way so that
possibility of third persons to access it is completely precluded. The Contractor
shall use all possible security measures for data processing as well as for safe
storage of confidential data. If the Contractor don’t possess security measures good
enough to protect confidential information, it has obligation immediately to inform
about that SPS to agree on further operations.
9.14. The Contractor is responsible to inform SPS immediately, in considerably short
time as possible, about each case when confidential information, what was handedover to the Contractor, is lost (irrespective of reasons of losing it), stolen by third
parties or unlawful and illegal interference took place – information’s modification,
partial or full erasing, copying and hand-over to other persons, whom don’t have
rights to access information according to the Contract, as well as if unlawful or
illegal activities of other type were performed with confidential information, or if
force-majeure circumstances entered into force according to Clause 8.1 of the
Contract. In case of any mentioned occasions, the Contractor is obliged to reduce
unfavourable consequences with all possible means.
9.15. Before performance of the Service started, the Contractor is obliged to agree with
SPS on list of employees, whom will process the System’s data within premises of
SPS, to agree on any changes within this list, as well as to ensure that work tasks
are performed only by agreed employees.
9.16. Before performance of work tasks of activities mentioned in Clause 9.7 of the
Contract, the Contractor acquaints employees with requirements of confidentiality
and security of data processing irrespective whether work tasks will be performed
within premises of SPS or distantly. The Contractor ensures that the System’s data
are not processed by employees whom haven’t signed certification on compliance
with requirements of confidentiality and security of data processing.
9.17. During term of the Contract the Contractor ensures audit records of the System’s
data processing, their preservation and availability for inspection. Audit records
shall include at least such information about the System’s data processing carried
out by employees of the Contractor:
9.17.1. Date and time, when data were processed;
9.17.2. Employee, who performed data
identification of this employee;
processing,
or
information
enabling
9.17.3. Place, from where data were processed, or information enabling identification of
this place;
59
9.17.4. Processed data and amount of processing it;
9.17.5. Data processed without corresponding authorization, as well as time of
processing and employee, who performed it.
9.18. The Contractor ensures that audit records:
9.18.1. Are available for inspection to SPS at any time within the System and they
reflect historical and actual information according to minimal requirements set
in Clause 9.17 of the Contract;
9.18.2. Are available on the first demand to agencies monitoring security of personal
data, law enforcement agencies and other agencies with legal rights to demand
audit records.
9.19. The Contractor, upon request of SPS or agencies mentioned in Clause 9.18.2 of the
Contract, is obliged to provide information on the System’s data processing aim,
manner, judicial basis, used methods, place of data procession, technical resources
utilised for data procession, as well as where those resources are placed, and
performed data protection measures.
9.20. The Contractor shall ensure that upon the first written request of SPS immediately
is destroyed or handed-over back to SPS confidential information stored in written,
digital form or formed on whatever data carriers (upon SPS directions – in full
amount, partially, originals, copies or derivations of other type), except information
mention in Clause 9.1.1 of the Contract, as well as ensures that other directions
regarding confidential information of SPS are executed, if they are not
contradicting with legislation of the Latvian Republic or the Contract.
9.21. After end of the Contract or termination of the Contract, the Contractor pledge to
destroy or, upon request of SPS, to hand-over back to SPS all resources of
processing or documents (their copies) containing the System’s data.
9.22. The Contractor is prohibited to disclose information on the Contract and its
performance to mass media, digital media or community or certain groups of
community, except cases when SPS provided written permission. Announcements
shall be published only if SPS agreed on its text beforehand.
10.
Validity of the Contract
10.1. The Contract shall enter into force when the Contractor submits to SPS contract
guarantee and is in force 60 (sixty) calendar months from day of the Contract
entering into force, that is until ……. (date). Termination of the Contract shall not
affect the performance of obligations that by their nature will remain valid after
termination of the Contract (for example, confidentiality obligations).
60
10.2. Party shall be entitled to extraordinary termination of the Contract, if other party
significantly violates the Contract and has not eliminated the violation within a
period granted with a notice.
10.3. SPS may terminate the Contract at any time by informing the Contractor 6 (six)
months in advance.
11.
Other provisions
11.1. The Contract may be amended with non-significant changes only, according to
Clause 671 of the Public Procurement Law, in written form between parties.
Amendments shall enter into force after being signed by both parties or at a date
agreed by the parties. Written agreements shall be attached to the Contract and
becomes integral components of the Contract.
11.2. The Contractor in performance of the Contract involve only sub-contractors
indicated into his offer for the tender (indicate according to offer submitted for the
tender).
11.3. The Contractor without approval from SPS has the right to substitute personnel and
sub-contractors, as well as to involve additional personnel and sub-contractors in
performance of the Contract, except situations specified in Clause 68 (2 and 4) of
the Public Procurement Law.
11.4. Personnel of the Contractor, whom it involved in performance of the Contract,
about whom informed SPS and whose qualification’s compliance with set
requirements SPS assessed, as well as sub-contractors on whose abilities the
Contractor relied upon to confirm qualification’s compliance with requirements set
in announcement on contract and documents of the procurement, after conclusion
of the Contract shall be substituted only with written permission of SPS, by
complying to conditions prescribed in Clause 68 (3) of the Public Procurement
Law.
11.5. SPS shall not agree to substitute personnel or sub-contractor specified in Clause 68
(2) of the Public Procurement Law, if any of such conditions is present:
11.5.1. Personnel of sub-contractor offered by the Contractor don’t comply with
requirements set in announcement on contract and documents of the
procurement, requirements regarding personnel or sub-contractors of the
Contractor;
11.5.2. Sub-contractor to be substituted on whose abilities the Contractor relied upon to
confirm qualification’s compliance with requirements set in announcement on
contract and documents of the procurement, and offered sub-contractor don’t
have at least the same qualification the Contractor referred to by certifying its
compliance to requirements of procurement;
61
11.5.3. Offered sub-contractor conform to exclusion conditions of tenderers prescribed
in Clause 391 (1) of the Public Procurement Law. During inspection of subcontractors compliance, SPS applies rules prescribed in Clause 391 of the Public
Procurement Law. Terms mentioned in Clause 391 (4) of the Public Procurement
Law count from day when request to substitute personnel of sub-contractor
submitted to SPS.
11.6. The Contractor may perform sub-contractor substitution mentioned in Clause 20 (2)
of the Public Procurement Law, where rules prescribed in Clause 68 (2) of the
Public Procurement Law don’t correspond, as well as later involvement of subcontractor complying to mentioned criterions, if the Contractor informed on that
SPS and received written permission to substitute sub-contractor or involvement of
new sub-contractor in performance of the Contract. SPS shall agree to substitution
of sub-contractors or involvement of new sub-contractor in performance of the
Contract, if exclusion conditions of tenderers prescribed in Clause 391 (1) of the
Public Procurement Law don’t apply to offered sub-contractor, what SPS inspects
according to rules prescribed in Paragraph 3 of the Clause 68 (3) of the Public
Procurement Law.
11.7. SPS shall make a decision on permitting or refusing substitution of personnel or
sub-contractor of the Contractor or involvement of new sub-contractor in
performance of the Contract as soon as possible, but not later than in time of five
working days after receipt of all information and documents necessary to make a
decision according to rules prescribed by Clause 68 of the Public Procurement
Law.
11.8. This Contract and its performance shall be subject to and interpreted under the law
in force in the Republic of Latvia. If any provision of this contract turns out to be in
conflict with the legislation in force in the Republic of Latvia, it shall not affect
performance of other conditions of the Contract.
11.9. If any condition of the Contract lose power because of the amendments of
legislation, it shall not affect performance of other conditions of the Contract, and
in such case Parties apply contract according to legislation in force. If afore
mentioned case concerns an essential provision, the parties are obliged to change
that provisions being in conflict with the law as soon as possible.
11.10. During performance of the Contract parties shall comply to legislation of the
Republic of Latvia and international agreements and conventions binding to Latvia.
Parties shall comply to the Instruction of the Cabinet of Ministers from 2nd July
2013 No.7 “Instruction for state governmental institutions on elaboration and
conclusion of civil contracts financed by foreign financial instruments”.
11.11. The parties shall solve all disputes resulting from this contract during mutual
negotiations. If negotiations fail, the parties has a right to turn to relevant court of
the Republic of Latvia.
11.12. The Contract is accompanied by the following annexes:
62
Annex 1 – Technical Offer of the Contractor to the tender;
Annex 2 – Financial offer of the Contractor;
Annex 3 – Technical specification;
11.13. The Contract is prepared on Latvian language on ___ pages with annex 1 on ____
pages, annex 2 on ____ (pages), annex 3 on ___ pages, and signed in 2 (two) copies
where each party has one copy. Both copies of the Contract has equal legal force un
it’s binding to legal successors of the parties.
12.
Contact details and representatives of parties
12.1. SPS contact details are as follows:
SPS representative is ……………………… (tel.: ………………., e-mail:
………………………) or his or her substituting official. SPS authorised
representative shall have the right to represent SPS in all matters pertaining
performance of this Contract, except extraordinary termination of the Contract.
12.2. The Contractor’s contact details are as follows:
...............................
Registration number: ......................
Tel.: .................
Fax: .................
The Contractor’s representative is ……………………… (tel.: ………………., email: ………………………).
12.3. Parties shall inform in due time on change of their economic requisites and address,
otherwise guilty party shall reimburse thereby occurred loses.
13.
Signatures of the parties:
SPS:
The Contractor:
63
SECTION IV
FORMS FOR PREPARATION OF THE TENDER
64
Form 1
Form 1.1.
Application for Participation in the Open Tender
“Creation of System for Community Supervision of Probation Clients by
Applying Technical Measures”
Procurement identification No. VPD 2014/11
Tenderer,__________________________, registration No._____________________
name
_________________________________________________________________________
registered address, business address, fax No.
represented by its
____________________________________________________________
name and surname of the signatory or authorized person
by submitting this application:
1. Applies for participation in the open tender “Creation of System for Community
Supervision of Probation Clients by Applying Technical Measures”, procurement
identification No. VPD 2014/11.
2. Undertakes to abide by the requirements of the open tender bylaws, including fulfilling
all the requirements laid down in the Technical Specification.
3. Certifies that:
3.1. Pursuant to Paragraph 1 of Clause 391(1) of the Public Procurement Law, by the court
judgment or prosecutor’s penal prescription which has entered into force and has become
indisputable and non-appealable, the Tenderer and the person, who is Tenderer’s member
of the board, or member of the council, or head clerk, or the person, who is authorized to
represent the Tenderer in the actions, which are related to its branch, is not found guilty of
the following criminal offenses:
a) accepting bribes, giving bribes, misappropriation of a bribe, intermediation in bribery,
unauthorised receipt of benefits or commercial bribery,
b) fraud, misappropriation or money laundering,
c) evasion of tax payments and payments equivalent thereto,
d) terrorism, financing of terrorism, encouragement of terrorism, terrorist threats or
recruitment and training of persons for the commitment of acts of terror;
3.2. Pursuant to Paragraph 2 of the Clause 391(1) of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and has
become indisputable and non-appealable, the Tenderer is not found guilty of a violation
consisting in:
a) employment of one or several citizens or nationals of the countries which are not
members of the European Union, if those illegally stay on the territory of member states of
the European Union,
b) employment of a person without concluding a written employment contract, without
submitting an informative declaration about employees to be submitted about the persons
starting employment within the deadline set forth in tax legislation;
3.3. Pursuant to Paragraph 3 of the Clause 391(1) of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and has
become indisputable and non-appealable, the Tenderer is not found guilty of the violation
of the competition rights consisting in a vertical agreement the purpose of which is to
restrict the buyer’s possibility to determine the resale price, or a horizontal cartel
65
agreement unless the competent authority has secured the Tenderer immunity from fines or
has reduced the amount of the fine for cooperation within the framework of a leniency
program when discovering the violation of the competition rights;
3.4. Pursuant to Paragraph 4 of the Clause 391(1) of the Public Procurement Law,
insolvency proceedings with regard to the Tenderer are not announced, the Tenderer’s
economic activity is not suspended or interrupted, proceedings are not initiated regarding
the Tenderer’s bankruptcy or it is not stated that the Tenderer is being liquidated;
3.5. Pursuant to Paragraph 5 of the Clause 391(1) of the Public Procurement Law, the
Tenderer has no tax debts, including state mandatory social security contribution debts, in
Latvia or in the country it is registered or permanently residing in, of which the total
amount in any of the countries exceeds 150 euro;
3.6. Pursuant to Paragraph 6 of the Clause 391(1) of the Public Procurement Law, all the
data provided in the tender are true.
4. Pursuant to Clause 391(4) of the Public Procurement Law, the Contracting Authority
shall not exclude candidate or Tenderer from participation into procurement procedure, if:
1) From day, when court judgment, order on sanction of prosecutor or decision of other
competent authority on violations mentioned in Subparagraph a) of Paragraphs 2.1.1 and
2.1.2 of the bylaws has become indisputable and non-appealable, until submission day of
tender or offer three years have passed;
2) From day, when court judgment or decision of other competent authority on violations
mentioned in Subparagraph b) of Paragraphs 2.1.2 and 2.1.3 of the bylaws has become
indisputable and non-appealable, until submission day of tender or offer 12 months have
passed.
(with amendments on 29th December 2014)
____________________________
Tenderer’s signature, print name, position
66
Form 1.2.
Confirmation for Participation in the Open Tender
“Creation of System for Community Supervision of Probation Clients by
Applying Technical Measures”
Procurement identification No. VPD 2014/11
The member of the personal company, ______________, registration No.______________
name
_________________________________________________________________________
registered address, business address, fax No.
represented by its
____________________________________________________________
name and surname of the signatory or authorized person
by submitting this confirmation:
Certifies that:
1. Pursuant to Paragraph 1 of the Clause 391(1) of the Public Procurement Law, by the
court judgment or prosecutor’s penal prescription which has entered into force and has
become indisputable and non-appealable, the Tenderer and the person, who is Tenderer’s
member of the board, or member of the council, or head clerk, or the person, who is
authorized to represent the Tenderer in the actions, which are related to its branch, is not
found guilty of the following criminal offenses:
a) accepting bribes, giving bribes, misappropriation of a bribe, intermediation in bribery,
unauthorised receipt of benefits or commercial bribery,
b) fraud, misappropriation or money laundering,
c) evasion of tax payments and payments equivalent thereto,
d) terrorism, financing of terrorism, encouragement of terrorism, terrorist threats or
recruitment and training of persons for the commitment of acts of terror;
2. Pursuant to Paragraph 2 of the Clause 391(1) of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and has
become indisputable and non-appealable, the Tenderer is not found guilty of a violation
consisting in:
a) employment of one or several citizens or nationals of the countries which are not
members of the European Union, if those illegally stay on the territory of member states of
the European Union,
b) employment of a person without concluding a written employment contract, without
submitting an informative declaration about employees to be submitted about the persons
starting employment within the deadline set forth in tax legislation;
3. Pursuant to Paragraph 3 of the Clause 391(1) of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and has
become indisputable and non-appealable, the Tenderer is not found guilty of the violation
of the competition rights consisting in a vertical agreement the purpose of which is to
restrict the buyer’s possibility to determine the resale price, or a horizontal cartel
agreement unless the competent authority has secured the Tenderer immunity from fines or
has reduced the amount of the fine for cooperation within the framework of a leniency
program when discovering the violation of the competition rights;
4. Pursuant to Paragraph 4 of the Clause 391(1) of the Public Procurement Law, insolvency
proceedings with regard to the Tenderer are not announced, the Tenderer’s economic
activity is not suspended or interrupted, proceedings are not initiated regarding the
Tenderer’s bankruptcy or it is not stated that the Tenderer is being liquidated;
67
5. Pursuant to Paragraph 5 of the Clause 391(1) of the Public Procurement Law, the
Tenderer has no tax debts, including state mandatory social security contribution debts, in
Latvia or in the country it is registered or permanently residing in, of which the total
amount in any of the countries exceeds 150 euro;
6. Pursuant to Paragraph 6 of the Clause 391(1) of the Public Procurement Law, all the data
provided in the tender are true.
Pursuant to Clause 391(4) of the Public Procurement Law, the Contracting Authority shall
not exclude candidate or Tenderer from participation into procurement procedure, if:
1) From day, when court judgment, order on sanction of prosecutor or decision of other
competent authority on violations mentioned in Subparagraph a) of Paragraphs 2.1.1 and
2.1.2 of the bylaws has become indisputable and non-appealable, until submission day of
tender or offer three years have passed;
2) From day, when court judgment or decision of other competent authority on violations
mentioned in Subparagraph b) of Paragraphs 2.1.2 and 2.1.3 of the bylaws has become
indisputable and non-appealable, until submission day of tender or offer 12 months have
passed.
(with amendments on 29th December 2014)
_______________________________________________________
The members of the personal company signature, print name, position
68
Form 1.3.
Confirmation for Participation in the Open Tender
“Creation of System for Community Supervision of Probation Clients by
Applying Technical Measures”
Procurement identification No. VPD 2014/11
The subcontractor specified by the Tenderer, the value of provided services of which is at
least 20 percent from the total value of the procurement contract/ The person specified by
the Tenderer, on whose abilities the Tenderer relies upon to confirm that its qualification
meets the requirements laid down in the contract notification or the requirements laid
down in the bylaws.
____________________________, registration No.______________________________
name
_________________________________________________________________________
registered address, business address, fax No.
represented by its
____________________________________________________________
name and surname of the signatory or authorized person
by submitting this confirmation:
Certifies that:
1. Pursuant to Paragraph 2 of the Clause 391(1) of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and has
become indisputable and non-appealable, The subcontractor specified by the Tenderer, the
value of provided services of which is at least 20 percent from the total value of the
procurement contract/ The person specified by the Tenderer, on whose abilities the
Tenderer relies upon to confirm that its qualification meets the requirements laid down in
the contract notification or the requirements laid down in the bylaws is not found guilty of
a violation consisting in:
a) employment of one or several citizens or nationals of the countries which are not
members of the European Union, if those illegally stay on the territory of member states of
the European Union,
b) employment of a person without concluding a written employment contract, without
submitting an informative declaration about employees to be submitted about the persons
starting employment within the deadline set forth in tax legislation;
2. Pursuant to Paragraph 3 of the Clause 391(1) of the Public Procurement Law, by a
decision of a competent authority or a court judgment which has entered into force and has
become indisputable and non-appealable, The subcontractor specified by the Tenderer, the
value of provided services of which is at least 20 percent from the total value of the
procurement contract/ The person specified by the Tenderer, on whose abilities the
Tenderer relies upon to confirm that its qualification meets the requirements laid down in
the contract notification or the requirements laid down in the bylaws is not found guilty of
the violation of the competition rights consisting in a vertical agreement the purpose of
which is to restrict the buyer’s possibility to determine the resale price, or a horizontal
cartel agreement unless the competent authority has secured The subcontractor specified
by the Tenderer, the value of provided services of which is at least 20 percent from the
total value of the procurement contract/ The person specified by the Tenderer, on whose
abilities the Tenderer relies upon to confirm that its qualification meets the requirements
laid down in the contract notification or the requirements laid down in the bylaws
69
immunity from fines or has reduced the amount of the fine for cooperation within the
framework of a leniency program when discovering the violation of the competition rights;
3. Pursuant to Paragraph 4 of the Clause 391(1) of the Public Procurement Law, insolvency
proceedings with regard to The subcontractor specified by the Tenderer, the value of
provided services of which is at least 20 percent from the total value of the procurement
contract/ The person specified by the Tenderer, on whose abilities the Tenderer relies upon
to confirm that its qualification meets the requirements laid down in the contract
notification or the requirements laid down in the bylaws are not announced, The
subcontractor specified by the Tenderer, the value of provided services of which is at least
20 percent from the total value of the procurement contract/ The person specified by the
Tenderer, on whose abilities the Tenderer relies upon to confirm that its qualification
meets the requirements laid down in the contract notification or the requirements laid
down in the bylaws economic activity is not suspended or interrupted, proceedings are not
initiated regarding The subcontractor specified by the Tenderer, the value of provided
services of which is at least 20 percent from the total value of the procurement contract/
The person specified by the Tenderer, on whose abilities the Tenderer relies upon to
confirm that its qualification meets the requirements laid down in the contract notification
or the requirements laid down in the bylaws bankruptcy or it is not stated that the The
subcontractor specified by the Tenderer, the value of provided services of which is at least
20 percent from the total value of the procurement contract/ The person specified by the
Tenderer, on whose abilities the Tenderer relies upon to confirm that its qualification
meets the requirements laid down in the contract notification or the requirements laid
down in the bylaws is being liquidated;
4. Pursuant to Paragraph 5 of the Clause 391(1) of the Public Procurement Law, the
subcontractor specified by the Tenderer, the value of provided services of which is at least
20 percent from the total value of the procurement contract/ The person specified by the
Tenderer, on whose abilities the Tenderer relies upon to confirm that its qualification
meets the requirements laid down in the contract notification or the requirements laid
down in the bylaws has no tax debts, including state mandatory social security contribution
debts, in Latvia or in the country it is registered or permanently residing in, of which the
total amount in any of the countries exceeds 150 euro;
5. Pursuant to Paragraph 6 of the Clause 391(1) of the Public Procurement Law, all the data
provided in the tender is true.
Pursuant to Clause 391(4) of the Public Procurement Law, the Contracting Authority shall
not exclude candidate or Tenderer from participation into procurement procedure, if:
1) From day, when court judgment, order on sanction of prosecutor or decision of other
competent authority on violations mentioned in Subparagraph a) of Paragraphs 2.1.1 and
2.1.2 of the bylaws has become indisputable and non-appealable, until submission day of
tender or offer three years have passed;
2) From day, when court judgment or decision of other competent authority on violations
mentioned in Subparagraph b) of Paragraphs 2.1.2 and 2.1.3 of the bylaws has become
indisputable and non-appealable, until submission day of tender or offer 12 months have
passed.
(with amendments on 29th December 2014)
____________________________
The subcontractor specified by the Tenderer, the value of provided services of which is at least 20 percent
from the total value of the procurement contract/ The person specified by the Tenderer, on whose abilities the
Tenderer relies upon to confirm that its qualification meets the requirements laid down in the contract
notification or the requirements laid down in the bylaws
signature, print name, position
70
Form 2
Form 2.1. Preferable form
(with amendments on 29th December 2014)
TENDER GUARANTEE FORM
Open Tender
„Creation of System for Community Supervision of Probation Clients by
Applying Technical Measures”
Procurement identification No. VPD 2014/11
Tender guarantee (bank guarantee or insurance policy) No. ______
1.
To: State Probation Service of Latvia
Address: Dzirnavu Street 91, Riga, LV-1011, Latvia
2. Considering that [Tenderer name, reg. Nr. un address] (hereinafter referred to
as the Tenderer) has submitted tender for Open Tender „Creation of System for
Community Supervision of Probation Clients by Applying Technical Measures”,
procurement identification Nr. VPD 2014/11 (hereinafter referred to as the Tender), [name of the bank, registration No. and address or name of insurer,
registration No. and address] (hereinafter referred to as the Bank or Insurer),
commit to insure Tenderer obligations in relation to the State Probation Service
of Latvia (hereinafter referred to as the State Probation Service) with the
guarantee of Bank or Insurer in amount of at least (tender guarantee sum with
numbers and words) euro.
3. Tender guarantee (irrevocable tender guarantee) according to this document is
binding to the Bank or Insurer, its successors and assigns.
4. Conditions of the liabilities:
The Bank shall disburse Tender guarantee to the State Probation Service if
Tenderer:
4.1. withdraws his or her tender during the period of validity of the Tender
guarantee or
4.2. whose tender has been selected in accordance with the tender selection
criterion has not submitted the Contract guarantee provided for in the bylaws and
the Contract to the State Probation Service within the time period specified by
the State Probation Service or
4.3. whose tender has been selected in accordance with the tender selection
criterion does not sign the Contract within the time period specified by the State
Probation Service
5. The Bank or insurer shall disburse Tender guarantee to the State Probation
Service after its first written demand, which is signed by the Head of the State
Probation Service, without the need to justify his claim, any amount which is less
than or identical to the amount written in Tender guarantee Paragraph 2,
provided that in the State Probation Service demand is written one or more
reasons mentioned in Paragraph 4. Demanded amount must be transferred to the
bank account indicated by the State Probation Service in 5 (five) working days
after the demand by the State Probation Service has received.
6. This Tender guarantee is in force till 1st August 2015. Any demand of Tender
guarantee must be received by the Bank or Insurer no later than till 1st August
2015, at Bank (address: _______________) or Insurer (address:
_______________). Tender guarantee is void before deadline, if original of
71
Tender guarantee is returned to bank or State Probation Service in written form
announced to Bank or Insurer about due performance of liabilities.
(with amendments on 29th December 2014)
7. This Tender guarantee is subjected to the Uniform Rules for Demand
Guarantees (version of 2010, issue No.758 of international Trade Chamber). This
guarantee and legal relations which are not ruled by afore mentioned Uniform
Rules for Demand Guarantees are subjected to Latvian rules and laws. Any
dispute between Bank or Insurer and State Probation Service concerning this
guarantee must be solved in court of the Latvian Republic.
signature, print name, position
72
Form 3
Procurement
„Creation of System for Community Supervision of Probation Clients by Applying Technical Measures”
Procurement identification No.VPD 2014/11
FINANCIAL OFFER
Price of rent (without 21% of value added tax):
Rental object
Price per day
for one item
(EUR)
(tenderer must fill
in price of bracelet
and base station)
Bracelet
Price per month
(EUR) (1 month = 30
days)
(tenderer must fill in price
of electronic monitoring
software, installation tools,
maintenance service and,
if applicable, washing
machines for cleaning
bracelets)
(tenderer must indicate
price)
Total price
(total price offered by tenderer)
(tenderer within formula, where special place provided for it, must indicate correspondingly
price per day for one item, price per month, length of offered test period and total price)
Total price of bracelets must be calculated by the tenderer according to formula
prescribed in Paragraph 5.3.2 of the bylaws:
Not applicable
____________ * 200 * (1800 - __________________________)= ___________
(Price per one day)
(number of days of test period offered by tenderer)
(total price)
Base station
(tenderer must indicate
price)
Total price of base stations must be calculated by the tenderer according to formula
prescribed in Paragraph 5.3.2 of the bylaws:
Not applicable
____________ * 200 * (1800 - __________________________)= ___________
(Price per one day)
(tenderer must indicate price)
Electronic
monitoring software
Not applicable
( ____________ * (1800 - __________________________)) / 30 = ___________
(tenderer must indicate price)
Not applicable
(total price)
( ____________ * (1800 - __________________________)) / 30 = ___________
(tenderer must indicate price)
Not applicable
(number of days of test period offered by tenderer)
(total price)
Total price of maintenance services must be calculated by the tenderer according to
formula prescribed in Paragraph 5.3.4 of the bylaws:
( ____________ * (1800 - __________________________)) / 30 = ___________
(Price per one month)
Washing machines
for cleaning
bracelets11 (if
applicable; if not
(number of days of test period offered by tenderer)
Total price of electronic monitoring software must be calculated by the tenderer
according to formula prescribed in Paragraph 5.3.4 of the bylaws:
(Price per one month)
Maintenance
services
(total price)
Total price of electronic monitoring software must be calculated by the tenderer
according to formula prescribed in Paragraph 5.3.4 of the bylaws:
(Price per one month)
Sets of installation
tools (30 units)
(number of days of test period offered by tenderer)
(tenderer must indicate price)
(number of days of test period offered by tenderer)
(total price)
Total price of washing machines (if applicable) must be calculated by the tenderer
according to formula prescribed in Paragraph 5.3.4 of the bylaws:
Not applicable
( ____________ * (1800 - __________________________)) / 30 = ___________
(Price per one month)
11
(number of days of test period offered by tenderer)
(total price)
Price shall include all costs of installation of washing machines in premises of SPS and delivery of chemicals or other ingredients necessary to clean bracelets during entire rent
period.
74
included into
maintenance service)
Total:
Total offered price of tenderer must be calculated according to formula prescribed in Paragraph 6.4.4 of the bylaws:
____________+ ______________ = ____________________________
(total price of bracelets) (total price of base stations)
(offered total price for bracelets and base stations)
________________________+ ________________+ ___________________+ __________________= _______________________________________
(total price of electronic monitoring software)
(total price of installation tools)
(total price of maintenance services)
(total price of washing machines)
(offered total price for monitoring software, installation tools, maintenance
service, washing machines)
(with amendments on 29th December 2014)
Position, name, surname, and signature of tenderer or its authorised representative
75
Form 4
Procurement
„Creation of System for Community Supervision of Probation Clients by Applying Technical Measures”
Procurement identification No.VPD2014/11
TECHNICAL OFFER
Time and detailed schedule of delivery and implementation of electronic monitoring system
Total number of calendar days, what Tenderer shall not exceed, after contract between SPS and
Tenderer comes into force, to deliver and implement electronic monitoring system (electronic
monitoring equipment, software, trainings etc.) in full amount – electronic monitoring system must
be fully operational (cannot exceed 60 days)12 (requirement No.4.9.2. of Technical specification):
Length of test period tenderer
provides in calendar days
(cannot be less than 21
days)13:
(must be filled in by tenderer)
(must be filled in by
tenderer)
If tenderer will not deliver and implement electronic monitoring system in due time – in total number of calendar days tenderer indicated, financial sanctions shall be imposed
for each overdue day.
13
During test period electronic monitoring system must be fully functional and its use is free of charge (tenderer covers all directly linked costs except remuneration of SPS
staff).
12
The tenderer shall enclose a detailed time schedule based on the implementation deadline stated in the tender (see above “Total number of calendar
days or implementation deadline…”) and accounting for the SPS’s requirements:
Detailed schedule of delivery and implementation of electronic monitoring system
Weeks after contract
between SPS and
tenderer comes into
force
Description of activities
(must be filled in by tenderer)
1st week (1st -7th day)
2nd week (8th-14th day)
3rd week (15th- 21st day)
4th week (22nd – 28th day)
5th week (29th – 35th day)
6th week (36th – 42nd day)
7th week (43rd – 49th day)
8th week (50th – 56th day)
9th week (57th – 60th day)
77
Compliance with absolute and quality requirements
No
Requirement
Type of
requirement
(Aabsolute;
Qquality)14
Complian
ce to
requirem
ent
(tenderer
must fill in
with “Yes”
or “No”;
empty cells
or text other
than “Yes”
or “No” will
be
recognized
as “No”)
Description of services and products tenderer offers
(tenderer must fill in; if incomplete information will be provided for any of
requirement, tenderer’s offer will be rejected)
4.1. Local monitoring system
4.1.1.
4.1.2.
The bracelet is attached to the client’s leg
in a way that breaking or removal of which
or hindrance of the bracelet’s signal etc.
taking place in the base station’s operating
range is detected in the monitoring centre.
The bracelet should be small enough to be
covered by clothing or be wearable within
a boot.
Detailed description how offered solution complies with requirement, including
manufacturer and model (name) of bracelet and base station:
A
Detailed description how offered solution complies with requirement:
A
14
Requirements marked with A are regarded as basic and obligatory. Tenderers, whose Technical offer will not comply with these requirements, will be rejected and offer will be
excluded from further participation in the tender. Requirements marked with Q are optional and will be used to evaluate advantageousness of the offer.
78
4.1.3.
The total weight of bracelet with band
must not exceed 300 g.
4.1.4.
Throughout the rental period, the State
Probation Service (SPS) shall have 200
operational bracelets and base stations at
his disposal simultaneously. These
bracelets could simultaneously be used for
monitoring of clients. Tenderer shall
replace the bracelets with empty batteries
or change the batteries or charge the
batteries at no cost to the SPS.
4.1.5.
4.1.6.
4.1.7.
Throughout the rental period, the SPS shall
have at least 45 additional bracelets and 20
base stations in storage in case there is
unexpected necessity to replace actively
used equipment at once. The additional
equipment will be stored at premises of
SPS.
Total weight of bracelet with band (in grams):
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
The SPS must be able to verify the
bracelet’s battery’s state before attaching
the device to the client, preventing
situations where the battery runs out during
the monitoring period.
A
A base station must contain a battery that
A
Detailed description how offered solution complies with requirement:
79
must keep the device operating at least 24
hours in case of a power outage, and the
station must inform the monitoring centre
of the power outage.
4.1.8.
4.1.9.
4.1.10.
Concerning base station batteries which
lose enough of their capacity during the
rental period that they cannot keep the unit
operational for 24 hours without grid
power, the tenderer shall replace such
batteries at no cost to the SPS.
Base station and bracelet must meet the CE
standards and have CE marking (according
to Directive 1999/5/EC of the European
Parliament and of the Council of 9 March
1999
on
radio
equipment
and
telecommunications terminal equipment
and the mutual recognition of their
conformity: http://eur-lex.europa.eu/legalcontent/en/ALL/?uri=CELEX:31999L0005
)
Base stations and bracelets (except singleuse bands or clamps for attaching the
bracelet to client’s body) must have a
service life of at least 2 years.
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
80
4.1.11.
4.1.12.
4.1.13.
4.1.14.
Single-use items (bands, clamps or other
items used for attaching bracelets or base
stations) must have a service life of at least
1 year.
The SPS must be able to verify the base
station’s battery state to make sure that it is
capable of keeping the station operating at
least 24 hours.
The bracelet contains a battery with a
service life of at least 2 years and the
battery will not run empty within that time.
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
According to total weight of bracelet with band indicated in Paragraph 4.1.3. of
the Technical offer, commission will calculate score of tenderer by using this
methodology:
Score for weight of bracelet with band
Q
N/A
Tenderer of most light bracelet receives 5 point.
Other tenderers points receives by following formula: weight in grams of
the lightest bracelet with band / weight in grams of the offered bracelet
with band * 5
4.2.Base station’s communication with bracelet and monitoring centre
4.2.1.
Base station must have functionality for
mobile telephone contact between the
client and monitoring centre using GSM
technology (the voice). In order to transmit
the data the communication between the
base stations and monitoring centre must
Detailed description how offered solution complies with requirement:
A
81
4.2.2.
4.2.3.
take place also via mobile telephone
networks, which use GPRS (or EDGE or
3G or WCDMA or HSPA+ or HSPA)
technology.
Data encryption with TripleDES 168 bit or
AES128 bit symmetrical encryption
algorithm or equivalent or stronger should
be enabled for data sent between base
stations and the monitoring software and
data sent between bracelet and base
station.
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
A single base station must be capable of
communicating with two or more
bracelets.
A
4.2.4.
A single bracelet must be possible to link
with two or more base stations.
A
4.2.5.
Communication between base station and
bracelet should not be interrupted when
other clients using the same type of
equipment enter or approach the range of
base station.
A
It should be possible to adjust the base
station range during installation or when
necessary. The base station should have at
A
4.2.6.
Detailed description how offered solution complies with requirement:
Detailed description how offered solution complies with requirement:
Detailed description how offered solution complies with requirement:
82
least 5 ranges.
4.2.7.
4.2.8.
4.2.9.
In the event of a communication failure
between the base stations and the
monitoring centre, the base station must
store unsent events for at least 24 (twenty
four) hours until communication is up and
running again.
The base station must enable calling to at
least two configurable numbers. The
numbers which can be called from the
base station must be configurable from the
monitoring centre. It must be possible to
phone to base station to conduct
conversation with client. Planned duration
of conversations per day for one base
station is not more than 1 (one) hour.
(with amendments on 29th December
2014)
Due to the fact that occasionally erroneous
calls or other undesired calls are made to
the base station it should be possible to
enter which telephone numbers the base
station can approve calls from (white list).
(It would be an advantage if it were
possible to make a universal list that
applies to all base stations).
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
83
4.2.10.
4.2.11.
4.2.12.
It must be possible for employees to adjust
the volume of the base station's ringtone
on installation or as needed.
The offered product should contain
biometrical recognition functionality so
that offered product enables to confirm
that the right person is present in the
residence when making a control call to
the base station. Tenderer also must
provide all necessary conditions to ensure
the functioning of this feature.
It’s possible to adjust any necessary range
(not limited with predefined ranges) of the
base station (within area of its connection
with bracelet) during installation or when
necessary.
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
4.3. Functional requirements for the monitoring software
4.3.1. General requirements
4.3.1.1.
The software must enable to manage at least
200
local
monitoring
devices
simultaneously. It must be possible to link
devices and clients for monitoring period.
Detailed description how offered solution complies with requirement:
A
84
4.3.1.2.
4.3.1.3.
The software must enable the user to set the
times when the client is obliged to leave the
base station’s area and when to return or
when the client is obliged to be present in
the base station’s area (see activity schedule
and calendar section no.2.4. below). It must
also be possible to configure the client’s
choice of leaving or remaining so that it is
not registered as a violation regardless of
the choice that the client makes.
In addition to the user interface, all texts
(instruction, menus, etc.) used in monitoring
devices (e.g. base stations) must also be in
Latvian language. If necessary, stickers of
appropriate size should be used.
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
85
4.3.1.4.
The monitoring software user accounts must
be possible to assign into at least the
following user groups with following
privileges (five groups):
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
(1) Administrator – has the right to create
and delete user accounts, enter
institutions, enter and change necessary
data related to devices, and delete data
added by other users;
(2) Duty officer – has the right to monitor
data related to all clients, including
alarms and violations, and enter
comments to violations;
(3) Probation officer – has the right to enter
clients, and manage the data of clients
entered by that probation officer;
(4) Local probation office – has the right to
view and manage the data of clients
entered by that department’s probation
officers.15
(5) Probation headquarters - has the right to
view data of all clients.
4.3.1.5.
15
All data entries or data modifications taking
place via the user interface must be logged
in a database. In addition to the data added
or modified, the log must state the
SPS has 28 local offices in different regions of Latvia. Information about SPS offices is available at website: http://www.probacija.lv.
86
4.3.1.6.
4.3.1.7.
4.3.1.8.
timestamp of the data entry and the data of
the user who entered or modified the data.
The software must be able to store all
monitoring related data of all clients,
generated throughout the rental period.
The software must enable to configure the
sending messages and alarms automatically
to at least two different mobile telephones
as SMS messages. The content of the SMS
messages must be configurable beforehand
or contain at least the client’s name and
surname regarding whom the message is
sent.
The monitoring software should contain a
function for querying the status of the field
equipment at any point in time. Users
should be able to receive easy to understand
information on the status of a base station
and a bracelet. For example, the remaining
battery capacity of a base station and
bracelet, whether the base station is in
operation or not.
A
Detailed description how offered solution complies with requirement:
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.2. Reports
4.3.2.1.
The reports must be possible to print out and
save as files. The logos used in the reports
and the data about the local probation office
Detailed description how offered solution complies with requirement:
A
87
and the probation officer displayed in
headers and footers of reports must be
possible to change, as part of maintenance
service.
4.3.2.2. The software must be able to generate at least following reports:
4.3.2.2.1.
Client report. This report’s purpose is to
provide an overview of the relevant client’s
data.
A
Detailed description how offered solution complies with requirement:
The report must state at least the following:
personal data (name, surname, personal ID
code), data of the base station, the time
schedule and compliance to it, violations
(alarms during the surveillance period).
4.3.2.2.2.
Client’s time schedule in a selectable time
period. This report’s purpose is graphically
to present a client’s time schedule for a
selected period. The report must state at
least the following: personal data, the time
period selected, the time schedule in
graphical view.
A
Detailed description how offered solution complies with requirement:
4.3.2.2.3.
When printing out client’s schedule, it
should be possible to edit the information in
the preview before the print run.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
88
4.3.2.2.4.
Events related to the client (presence checks,
leaves,
arrivals,
violations,
alarms,
warnings) in a selected time period,
including information of date and time of
event.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.2.2.5.
The software must be able to generate (for
printing out and saving as file) a table of
statistical data on specific time period about
persons under monitoring, by probation
departments and probation officers, both for
current persons under active monitoring and
throughout the history until the end of the
rental period.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.2.3.
System has data exchange services what
ensures both synchronous, and asynchronous
data transfer, replication of data bases
between involved data base management
systems, utilization of data exchange
protocols (SOAP, HTTP/-S, FTP, SMPT,
and other) and formats (XML, binary
formats), what needed to integrate external
systems.
Tenderer on request will develop software in
a way that it is able to generate (for printing
out or saving as file) any other report needed
on a basis of data software contains. This
development of software will be done not
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.2.4.
89
later than in 6 months after receipt of
request.
4.3.3. Messages and alarms
4.3.3.1.
Alarms must produce a visual signal on
monitor in such a manner that it catches the
attention of the employee of the monitoring
centre.
A
Detailed description how offered solution complies with requirement:
4.3.3.2.
It should be possible to configure 3 levels of
importance (high, medium and low) for
alarms.
A
Detailed description how offered solution complies with requirement:
4.3.3.3.
It should be possible for the monitoring
centre to group events or alarms that
logically belong together before they are
transmitted to the local office of SPS for
further processing.
A
Detailed description how offered solution complies with requirement:
4.3.3.4.
It should be possible for events, alarms or
groups of events or groups of alarms to be
rejected by the monitoring centre or
forwarded to the relevant local SPS office
for further processing
A
Detailed description how offered solution complies with requirement:
4.3.3.5.
It should be possible for the monitoring
centre's staff to get easy and effective access
to the client's personal information and
A
Detailed description how offered solution complies with requirement:
90
activity schedule from the alarm screen.
Such a check forms the basis how the alarm
is to be handled further.
4.3.3.6.
The central software must receive alarm
immediately, if maintenance becomes
essential. This applies to replacing batteries
or bracelets and other actions needed to keep
the equipment operational.
A
Detailed description how offered solution complies with requirement:
4.3.3.7.
The monitoring software must generate an
alarm notifying the monitoring centre
immediately, if an attempt is made to open
the band of bracelet or base station, or base
station is moved so that the range of base
station is changed, reconfigured or settings
or stored information changed.
A
Detailed description how offered solution complies with requirement:
4.3.3.8.
The monitoring software must generate an
alarm, when contact between a bracelet and
a base station is lost at an unscheduled time
(e.g. the client leaves home at a prohibited
time).
A
Detailed description how offered solution complies with requirement:
4.3.3.9.
The monitoring software must generate an
alarm when contact between a bracelet and a
base station is established at an unscheduled
time (e.g. the client arrives home at a
A
Detailed description how offered solution complies with requirement:
91
prohibited time.
4.3.3.10.
After the probation officers have carried out
the necessary investigations concerning
events or alarms, it should be possible to
close them with "Rejected" or "Violation”.
A
Detailed description how offered solution complies with requirement:
4.3.3.11.
The monitoring centre must be able at any
time to get current information whether a
bracelet is in an base station’s range (the
client is at home) or not (the client is out
when permitted)
A
Detailed description how offered solution complies with requirement:
4.3.4. Calendar and activity schedule
4.3.4.1.
When a client is set up in the system, the
activity schedule must always be
automatically generated with a 24/7 curfew.
A
Detailed description how offered solution complies with requirement:
4.3.4.2.
After entering of the client in the system it
must be possible for user to change
automatically generated activity schedule
selecting between the following segment
types:
- exclusion
- curfew
- indifferent
A
Detailed description how offered solution complies with requirement:
4.3.4.3.
The software should have a calendar
function with a high degree of flexibility for
A
Detailed description how offered solution complies with requirement:
92
registering, changing and deleting activities.
It should be possible to set up series of
activities in which it is possible to change or
delete a single instance in a series without
affecting the whole series.
4.3.4.4.
It should be easy to register exceptions from
the registered activities for shorter or longer
periods, for example in connection with
illness, change in working hours or travel
time.
A
Detailed description how offered solution complies with requirement:
4.3.4.5.
It should be shown clearly on the screen
when a change was last made in the activity
schedule and which user made the change.
A
Detailed description how offered solution complies with requirement:
4.3.4.6.
If the activity schedules are stored on the
base station, changes to an activity schedule
should be synchronised directly with the
base station. It should also be possible to
trigger such synchronisation manually if so
required.
A
Detailed description how offered solution complies with requirement:
4.3.4.7.
It should be shown clearly on the screen
when the activity schedule was last
synchronised with the base station.
A
Detailed description how offered solution complies with requirement:
4.3.4.8.
It should be possible for administrator to
place different labels on the various
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
93
4.3.4.9.
4.3.4.10.
segment types specified in requirement no.
4.3.4.2.above. Examples of labels are
"Employment", "Travel time", "Attendance
with the Correctional Services", "Leave". It
should be possible to define other labels
universally as required.
(with amendments on 29th December 2014)
It should be possible for administrator to
universally define different colours on
mutual labels mentioned in requirement
no.4.3.4.8.above.
(with amendments on 29th December 2014)
For each of the labels mentioned in
requirement no.4.3.4.8. it should be possible
to select which segment type is to be used.
(example: It should be possible to register
employment as “Exclusion”, “Curfew” or
“Indifferent” depending on the form or
place of employment)
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.4.11.
It should also be possible to register
additional information such as the client’s
place of work, meetings with the probation
officer, mandatory programmes/activities
etc.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.4.12.
It should be possible to define universal and
individual parameters for "a buffer time";
i.e. the time a client has to leave or enter the
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
94
base station range at the start or end of a
new segment type without triggering
alarms, and it should be possible to set
different buffer times for different segment
types.
4.3.5. Registration of client’s data
4.3.5.1.
It should be possible to register in database
and view the following personal details on
each client:
-
to which local office of probation
the client belongs;
-
reference to registered case number
in probation case management
system “PLUS”;
-
name of client’s case manager
(surname and first name);
-
client’s name (surname and first
name);
-
client’s ID code;
-
client’s home address;
-
telephone number on which the
client can be contacted (can be more
than one) and type of telephone
Detailed description how offered solution complies with requirement:
A
95
(mobile/landline);
-
electronic monitoring period (from
date and time - to date and time);
-
connected field equipment's (base
station and bracelet) serial numbers
and base station’s contact telephone
number.
4.3.5.2.
Connecting, changing and removing the
client's field equipment should be possible
in a quick and easy manner in the system.
A
Detailed description how offered solution complies with requirement:
4.3.5.3.
It must be possible to open several instances
of the same data from the database at the
same time so that a user can open and read
all information about a client even if
another user has the information about the
same client open for updating. Locking
conflicts must be solved automatically or it
is acceptable for user number 2 or higher to
be offered only read rights, if the system
locks records when they are opened for
write access, but, in such cases, the system
must state which user locked the record.
A
Detailed description how offered solution complies with requirement:
96
4.3.5.4.
Data should be stored in a form what makes
it possible to retrieve data not only via the
application, but also from interface of data
base server (in its supported formats), if
there is a need for large amount of data
export or creation of non-standard reports.
Physical data base model (especially
labelling of fields) must be understandable
also without knowledge of the application.
A
Detailed description how offered solution complies with requirement:
4.3.5.5.
Data should be quality assured consistently,
irrespective of the user interface used to
register data. The quality assurance must be
such that a certain level of quality for all
data in databases can be guaranteed: noncontradictory, correspondence of data field
to pre-defined type, format etc.
It should be possible to conduct logical tests
based on combination of entered data. For
separate fields it is advisable to define input
masks. For example, correspondence of
dates to be entered with business logic of
software should be logically checked
(electronic monitoring term cannot exceed
one year, electronic monitoring term cannot
be earlier than date of information input
etc.), for input of personal code input mask
must be created (may input only numbers
combination of certain length, dash is
automatically generated in appropriate
place).
A
Detailed description how offered solution complies with requirement:
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.5.6.
97
4.3.5.7.
The bracelet and base station serial numbers
and telephone number is automatically
filled in within the application when the
equipment is linked to the client.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.3.5.8.
It must be possible to search and filter
clients based on:
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
-
local office of probation;
-
name of case manager (surname
and/or first name);
-
client’s name (surname and/or first
name);
-
case number in case management
system “PLUS”;
-
field equipment's (base station and
bracelet) serial number;
-
client’s and base station registered
telephone number.
4.3.6. Solution for logistics of equipment
4.3.6.1.
The monitoring software must contain a
logistics function of base stations, bracelet
and other field equipment registering every
item (base station, bracelet, installation tool
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
98
set):
-
serial number;
-
status information (in active use,
stock, or undergoing maintenance);
-
location of equipment;
-
name and surname, ID code of client
(if equipment is in active use).
It should be possible to register and
maintain all types of field equipment here,
and all history should be available.
It should be possible to find where the
equipment is located (in active use, stock, or
undergoing maintenance) using serial
number.
4.4. Technical characteristics/requirements for monitoring software
4.4.1.
It must be possible to implement the
solution on SPS technical platform (Cisco
UCS 5108 Blade Server with VMware
vSphere 5 virtualization).
Technical parameters:
2 Intel Xeon CPU (central processing unit)
Intel number: E5-2470 v2, RAM (12*32
GB DDR3 1600 Mhz), map of virtual
interface VIC 1240.
Detailed description how offered solution complies with requirement:
A
99
4.4.2.
4.4.3.
4.4.4
The characteristics of network’s data
transmission speed:
1) The incoming data from the Internet
line in all sections to the chassis - 1
Gbps;
2)
Between the virtual servers - 2,5
Gbps;
3)
Interconnection between SPS and
data center, where Cisco UCS Blade
Server is located - 200 Mbps.
Information on server model of specific
manufacturer provided with intention to
provide detailed description of technical
parameters to tenderer. Mentioned
reference has only informative nature and
SPS has authority to ensure equivalent
product.
(with amendments on 29th December
2014)
Data base server’s software and operating
system’s software must be maintained and
licenced (if applicable) for the entire rental
period.
The end-of-life (EOL) of the platform(s)
/version(s) of the software and any thirdparty components shall be known and
support shall be ensured at least 3 years
from the moment of delivery.
If any new versions of the software are
released during the rental period, these
versions must be available at no cost to
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
100
4.4.5.
4.4.6.
SPS. The tenderer must install them into
the electronic monitoring environment in
co-ordination with SPS, without any
additional charge, if requested.
Use of the software on SPS work stations
must not entail any additional expenses.
Minimal
parameters
of
existing
workstations of SPS: Intel(R) Core(TM)
i3-3220 CPU @ 3.30GHz; RAM: 4096
MB; hard drive: 450 GB; operating
system:
Microsoft
Windows
7
Professional.
(with amendments on 29th December
2014)
It should be possible to set the solution up
with high availability. The software shall
run 24/7 for a long time without need to
restart it. I.e., there should not be memory
leaks or other factors that leads to
reduction of its performance.
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
4.4.7.
The application’s user interface must
comply with at least level AA of WCAG
2.0 (http://www.w3.org/TR/WCAG20/).
A
Detailed description how offered solution complies with requirement:
4.4.8.
No absolute URLs must be compiled into
the application.
A
Detailed description how offered solution complies with requirement:
4.4.9.
The application’s configuration parameters
must be brought together into a single
A
Detailed description how offered solution complies with requirement:
101
location so that the application does not
need to be recompiled in case of changing
them (e.g. in a single text-based
configuration file, in a database table). The
application must also use them from there
(not copy the parameters into any third
locations upon launching); log settings
may be kept separate from the
application’s configuration file, i.e. in one
additional configuration file (e.g. Log4net).
4.4.10.
4.4.11.
4.4.12.
The application’s compiling (re-launch of
the site, changing the configuration, etc.)
should take maximum 30 seconds. If the
application needs indexed content and it is
not available, then the application must
issue a clear message about that.
The configuration files must be protected
files by default, according to the
application server type. For example, IIS:
*.config, *.resources, Apache: *.conf,
.htaccess. The developer must provide a
list of configuration files if there are
several of them.
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
Application files that the user must not see,
must be in folders which are protected by
default. For example: IIS: Bin,App_Code,
App_Data,
App_Browsers,
A
Detailed description how offered solution complies with requirement:
102
App_GlobalResources,
App_LocalResources,
App_WebReferences.
App_Themes,
4.4.13.
In authenticated user sessions, the session
must be encrypted between the client and
the server, using the HTTPS protocol.
A
Detailed description how offered solution complies with requirement:
4.4.14.
The software must be protected against
unauthorised access and manipulation.
A
Detailed description how offered solution complies with requirement:
4.4.15.
The solution must make it impossible for
stations other than approved base stations
to contact the central software.
A
Detailed description how offered solution complies with requirement:
4.4.16.
The application must store all passwords
and pass phrases in encrypted form only.
Passwords and pass phrases in unencrypted
form may only exist in the server’s RAM.
Also, passwords must not be stored in
unencrypted form (not even temporarily) to
any disk. Encryption must be at least
equivalent to the AES256 algorithm.
A
Detailed description how offered solution complies with requirement:
4.4.17.
AutoComplete must
authentication fields.
in
A
Detailed description how offered solution complies with requirement:
4.4.18.
XSS, SQL injection and other threats must
be minimised by following the best
A
Detailed description how offered solution complies with requirement:
be
disabled
103
practices
of
OWASP
(https://www.owasp.org/index.php/Cheat_
Sheets)
4.4.19.
The application must log creating,
changing (incl. deleting) and viewing of
data.
A
Detailed description how offered solution complies with requirement:
4.4.20.
The application must log the user’s
authentication and session’s end; failed
authentication must also be logged, along
with its cause (incorrect password, expired
account, etc.).
The online user interface must be usable in
commonly used web browsers. The
minimum requirement is any 2 browsers
from the following (Mozilla Firefox,
Chrome and Internet Explorer). Versions’
support: (Internet Explorer 11 and newer,
Chrome 34 and newer, Mozilla 28 and
newer - regarding by the developers
support at the moment of testing the
application.
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
The user interface must always ask
confirmation for deleting or mass-changing
of data, unless agreed otherwise.
A
Detailed description how offered solution complies with requirement:
4.4.21.
4.4.22.
104
4.4.23.
All parts of the user interface must be in
Latvian language.
A
Detailed description how offered solution complies with requirement:
4.4.24.
In case of an application’s error, the user
interface must react with a user-friendly
error message in Latvian language,
containing also the error code.
A
Detailed description how offered solution complies with requirement:
4.4.25.
The application must be graphically
scalable and conveniently usable with the
following monitor resolutions: 1024x768,
1280x1024,
1680x1050,
1920x1080,
1920x1200. No horizontal scrollbar may
appear in any of the aforementioned
resolutions.
A
Detailed description how offered solution complies with requirement:
4.4.26.
Tenderer shall submit:
1. Software installation package;
2. Documentation
of
software,
including description of system’s
architecture,
specification
of
software’s
requirements,
administrator’s
hand-book,
instructions for creating back-up
copies of system, recovery of
system and development of test
environment, installation guide,
instruction for users.
3. Tenderer develops and coordinates
with SPS as well as deliver security
A
Detailed description how offered solution complies with requirement:
105
4.4.27.
4.4.28.
documentation package of the
system (security policy, security
rules, assessment of security risks,
plan for prevention of security
risks, plan for restoration of the
system etc.).
Installation package and all mentioned
documents shall be updated regularly and
submitted together with delivery of
deliverable and modifications.
By delivering updates of documentation
they shall include references on place
(section, page) of amended text within
document and date of amendments.
(with amendments on 29th December
2014)
Active Directory services must be used for
user authentication. The application must
use the limiting parameters accompanying
an AD account, for example: the account is
blocked, the password has expired, the
account has expired, etc.
It must be possible to grant privileges to
the application’s end users via rules
defined in the database. Application-based
user roles must not be defined solely via
AD OUs and groups.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
106
4.4.29.
It should be possible to work with several
windows/functions at the same time (e.g.
web functionality by being able to open
functions/screens in new tabs or windows)
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
4.4.30.
The monitoring software should have a
help function that is easy accessible for
user.
A user must be able to see the application’s
version number on the user interface’s start
page, without needing to log in.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
Application must have a configurable time
for user session’s expiry. This expiration
time must be changeable like other
configuration parameters.
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
The tenderer shall ensure technical support
for the offered monitoring equipment,
monitoring software and hardware
throughout the entire rental period. The
technical support service must include all
activities necessary to ensure faultless
operation of the electronic monitoring
devices and the monitoring software. The
tenderer’s representative shall be ensured
remote connection via secure channels
(VPN) with the hardware and software
A
4.4.31.
4.4.32.
4.5. User support
4.5.1.
Detailed description how offered solution complies with requirement:
107
installed in SPS’s premises in order to
perform technical support activities on it.
4.5.2.
The tenderer shall offer distant oversight,
monitoring of the system, in order to
prevent errors, problems in due time and to
react according to reaction times stipulated
in requirement No.4.5.5. By reacting on
notification about critical error (1st and 2nd
level of importance), technical support by
the administrator of electronic monitoring
software must be ensured day and night –
free of charge phone conversations, by fax
and via e-mail – on Latvian or English
language.
A
Detailed description how offered solution complies with requirement:
4.5.3.
The tenderer throughout the entire rental
period shall ensure technical support for
users – free of charge phone conversations,
by fax and via e-mail – during working
hours of SPS (40 hours per week) on
Latvian or English language.
A
Detailed description how offered solution complies with requirement:
4.5.4.
The tenderer must provide a maintenance
service for both the hardware and the
A
Detailed description how offered solution complies with requirement:
108
software of the monitoring system
throughout the entire rental period.
4.5.5.
Reaction times of the technical support
service must be divided into at least three
levels.
Detailed description how offered solution complies with requirement:
A
Reaction time shall start from the moment
when SPS informs the tenderer about the
problem by telephone, e-mail or any other
manner.
•
Severity level 1
Technical support must identify and solve
the problem in 60 minutes.
•
Severity level 2
Technical support must provide feedback
about the schedule of solving the problem
in 12 hours and must solve the problem in
36 hours.
•
Severity level 3
Technical support must provide feedback
about the schedule of implementing the
109
suggestion in 72 hours and implement the
suggestion in 14 calendar days.16
(with amendments on 29th December
2014)
Tenderer ensures electronic system for
processing
notifications
where
all
submitted notifications are registered.
Tenderer ensures access (to view and
change information) for at least 5 (five)
representatives of SPS to electronic system
for processing notifications.
Representative of Tenderer, whom
responsible for performance of this
contract, signing performance-acceptance
statements and solves all other cooperation
issues on behalf of the Tenderer, always
available for face-to-face meetings in
Latvia and fluently speaks Latvian (or will
be with interpreter). Representative of
Tenderer shall be available in presence at
SPS address 91 Dzirnavu Street, Riga, in
time of 4 (four) hours after receipt of
invitation. Means for sending invitation –
e-mail, phone or fax. Arrival at address of
SPS shall be during working hours of SPS.
(with amendments on 29th December
2014)
4.5.6.
4.5.7.
A
Detailed description how offered solution complies with requirement:
Q
Detailed description how offered solution complies with requirement (if
applicable – “Yes” in previous column):
16
Three severity levels mean: severity level 1: full loss of service. Impossible to use the monitoring system and/or bracelet or base station devices have lost connection to the
monitoring system. Severity level 2: operation of the monitoring system or the bracelet or base station devices is significantly disturbed and normal work is hindered. Severity
level 3: Improvement suggestions that would not make work more difficult, but would make work processes faster and more effective. The severity level will be determined by
SPS.
110
4.6. User training
4.6.1.
The tenderer during two weeks after
contract comes into force shall conduct
training with the duration of at least two
business days in Riga. The training shall be
provided for 20-25 officers of SPS who
will be involved in implementing of
electronic monitoring. The training must
consist of theoretical and practical part.
The training must take place in Latvian
language; the tenderer shall organise
interpretation, if necessary. The tenderer
for each participant shall provide materials
on Latvian language on training’s topics.
A
Detailed description how offered solution complies with requirement:
4.6.2.
The user training must include at least the
following topics:
A
Detailed description how offered solution complies with requirement:
-
General overview of the electronic
monitoring system;
-
Configuring / installing / using
bracelet and base station devices;
-
Configuring / using the monitoring
system software.
The persons having completed the training
must be capable of independent use of the
electronic monitoring devices and the
software.
111
The user training’s costs must be included
in the equipment’s rental price.
4.6.3.
A separate training must be conducted for
SPS’s specialists. The training’s goal is to
introduce with activities necessary for
administrating the system (creating user
accounts, entering devices into the system,
adding institutions etc.). Additionally, an
overview must be provided about the
system’s
hardware
and
software
components and their interaction. The
training’s purpose is to establish
competence on SPS’s side for dealing with
different issues and problems that could be
encountered administrating the system,
including emergency restoration of
electronic monitoring software and data
base.
Detailed description how offered solution complies with requirement:
A
112
4.6.4.
Tenderer trainer shall visit local offices to
consult
officers
about
electronic
monitoring topics (in 6 months after
contract entering into force) - 5 offices (to
be chosen by SPS) to be visited and 1 full
day in each office.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.6.5.
Documentation on Latvian or English
suitable for in-service training of
monitoring centre personnel, logistics
personnel and system administrators
should be offered. User’s handbook must
be on Latvian language.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.6.6.
For high quality delivery of training
mentioned in requirement no.4.6.1.,
tenderer shall arrange training in hotel (at
least 3*) in Riga, will provide
accommodation (with breakfast) for up to
15 persons (1 night) in the same hotel, will
provide meals (for all – lunch; dinner – for
those having accommodation at hotel) and
coffee-breaks for participants of training.
All costs are paid by the tenderer.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.7. Requirements for compatibility to the infrastructure of Latvia
4.7.1.
4.7.2.
The equipment offered must be usable
within Latvia’s electricity grid.
The equipment offered must use radio
spectrum allocated for public use and
comply with the Rules No.1151 of the
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
113
Cabinet
of
Ministers
of
Latvia
(http://likumi.lv/doc.php?id=198903)
4.7.3.
The mobile connection used by base
station must be compatible with services
provided by Latvian operators of mobile
telecommunications.
A
Detailed description how offered solution complies with requirement:
4.7.4.
Tenderer shall establish contractual
relationships with providers of mobile
communication services in Latvia with aim
to ensure operation of electronic
monitoring system, where:
(1) providers of mobile communication
services ensure communication (data
and voice transfer) via their mobile
communication networks between all
base stations and monitoring centre,
and
A
Detailed description how offered solution complies with requirement:
(2) tenderer
is
responsible
for
organization and administration of
cooperation with providers of mobile
communication services in Latvia,
and payments for used services.
4.8.1.
4.8. Operating requirements for the software
Detailed description how offered solution complies with requirement:
The number of simultaneous users required
A
by the SPS is at least 100 users (specialists
of SPS) on weekdays and 30 users of
software on weekends.
114
The number of simultaneous users means
the number of users using the service at the
same time so that the service’s high-quality
functioning is still ensured.
4.8.2. Requirements concerning interruptions of electronic monitoring software functionality throughout the rental period:
The advance time of notifying about
scheduled interruptions must be at least 48
hours. Scheduled interruptions must be
notified about on business days at 9:0017:00, Latvian time.
Scheduled interruption means a previously
agreed time period during which the
service is not available to the SPS.
The maximum total duration of all
scheduled interruptions in a year is 12
hours.
A
Detailed description how offered solution complies with requirement:
A
Detailed description how offered solution complies with requirement:
4.8.2.3.
The maximum duration of an individual
scheduled interruption is 0.5 hours.
A
Detailed description how offered solution complies with requirement:
4.8.2.4.
The maximum number of scheduled
interruptions per month is 2 interruptions.
A
Detailed description how offered solution complies with requirement:
4.8.2.5.
The maximum permitted total duration of
unscheduled interruptions in a year is 24
hours.
The maximum duration of an individual
unscheduled interruption is 2 hours.
Unscheduled interruption means an
interruption not having been scheduled,
A
Detailed description how offered solution complies with requirement:
4.8.2.1.
4.8.2.2.
115
4.8.3.
4.8.4.
taking place during time of the service’s
operation.
Tenderer at least once per 12 (twelve)
months shall conduct performance and
load tests; the first test shall be conducted
during last week of the test period. After
each testing summary shall be submitted
with description of conducted tests, results
and recommendations for improvement of
software’s performance.
Registration of alarms and warnings must
continue in the monitoring system during
scheduled interruptions.
A
Detailed description how offered solution complies with requirement:
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.8.5. The following limitations of reaction time apply to the tenderer’s software during the rental period (reaction time means the time spent from the
moment of entry or query signal until receiving a reply):
4.8.5.1.
Logging in: maximum 5 seconds.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.8.5.2.
Searching for a client by one criterion:
maximum 2 seconds.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.8.5.3.
Displaying detailed data about a client:
maximum 3 seconds.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.8.5.4.
Generating daily reports: maximum 10
seconds. Generating more complex reports
(i.e., for period of a year) 30 seconds
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
116
4.8.5.5.
Initial synchronising of data between a
base station and the monitoring system:
300 seconds.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.8.5.6.
A repeat synchronising of data between a
base station and the monitoring system:
600 seconds.
Q
Detailed description how offered solution complies with requirement (if applicable
– “Yes” in previous column):
4.8.6.
Detailed description how offered solution complies with requirement (if applicable
Tenderer at least once per 12 (twelve)
Q
– “Yes” in previous column):
months offers to conduct security tests by
using sanctioned penetration (Penetration
test) and by involving certified ethical
hacker in security testing. The first test
shall be conducted during last week of the
test period. Aim of the testing is to check
tenacity of software against non-sanctioned
access and attacks. Tenderer shall submit
summary of security testing with
description of conducted tests, results and
recommendations for improvement of
software’s security. Tenderer offers
registration of information critical for
security.
4.9.Time needed to deliver and implement electronic monitoring system
Detailed description how offered solution complies with requirement:
Delivery and implementation of electronic
A
monitoring system (devices and other
equipment, software, trainings etc.) in full
amount must be finished – electronic
monitoring system must be fully
operational - not later than in 60 days after
contract between SPS and tenderer comes
4.9.1.
117
4.9.2.
into force. Terms for delivery and
acceptance to be calculated in calendar
days by foreseeing that delivery and
implementation works of the System shall
be done during working hours of SPS’s
administration (working hours of SPS:
http://www.probacija.lv/page.php?id=643).
(with amendments on 29th December
2014)
Delivery and implementation of electronic
monitoring system (devices and other
equipment, software, trainings etc.) in full
amount will be finished – electronic
monitoring system must be fully
operational - faster than in 60 days after
contract between SPS and tenderer comes
into force.
According to term of electronic monitoring software delivery and implementation
specified in requirement No.4.9.1., commission will calculate score for tenderer
by using such methodology:
Tenderer with smallest number of calendar days needed to deliver and implement
electronic monitoring system receives 15 points.
Other tenderers points receives by following formula: smallest number of days/
offered number of days * 15
Q
118
Form 5. Preferable form
(with amendments on 29th December 2014)
To: State Probation Service of Latvia
Address: Dzirnavu Street 91, Riga, LV-1011, Latvia
____ _________ _______
(date, year)
Contract guarantee No. ________
We - _________________ (name of the bank, registration No. and address or name of
insurer, registration No. and address) (hereinafter referred to as the Bank or Insurer) – are
informed that on ___________ (date) between our client - _________________ (Tenderer
name) (registration No. _____________; legal address: ___________________)
(hereinafter referred to as the Contractor) – and you – State Probation Service, registration
No. 90001625082, address: Dzirnavu Street 91, Riga, LV-1011 (hereinafter referred to as
the SPS) – was concluded the contract No. __________ on _______________ (hereinafter
referred to as the Contract). According to the Contract the Contractor shall submit contract
guarantee consequential from the Contract to SPS.
Considering afore mentioned with this Bank irrevocably undertakes obligation to pay to
SPS any sum of money, not exceeding ___________ EUR (________), if, by complying to
requirements of this guarantee, corresponding document signed by SPS has been submitted
to Bank (hereinafter referred to as the Request), with what SPS request Bank to do a
payment on a basis of this guarantee and what includes statement of SPS that the
Contractor hasn’t fulfilled his commitments according to the Contract, by indicating which
commitments exactly are not fulfilled.
Request shall be submitted in paper or digitally. Digital submission shall be performed as
authenticable notice by using SWIFT. For identification purposes, signatures of Request’s
signers shall be notarially certified or Request shall be submitted through credit institution
servicing the Contractor, which certifies identities of signers of Request and authority to
sign Request on behalf of SPS.
This guarantee is in force till _________ (date)17 (hereinafter referred to as the End date).
Request must be received by the Bank no later than on End date, at Bank (address:
_______________) or – if submission of Request is performed digitally _______________ (SWIFT address of the Bank).
This Tender guarantee is subjected to the Uniform Rules for Demand Guarantees (version
of 2010, issue No.758 of international Trade Chamber). This guarantee and legal relations
which are not ruled by afore mentioned Uniform Rules for Demand Guarantees are
subjected to Latvian rules and laws. Any dispute between Bank and SPS concerning this
guarantee must be solved in court of the Latvian Republic.
signature, print name, position
17
Contract guarantee is in force during whole term of the Contract and 10 (ten) days after end of the
Contract.
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