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 2 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. 5 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.