1 Questionnaire for the Benelux Patent Platform Documents, information and frameworks used as evidence responding the selection criteria Candidates are invited to use the frameworks for each part of the contract they want to submit, in order to demonstrate their capacity to fulfil the selection criteria. Consortia may put themselves forward as candidates. When a consortium submits a request to participate, the consortium proposes a consortium leader as contact point. A candidate may rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to BOIP that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect. Under the same conditions, a group of economic operators may rely on the capacities of participants in the group or of other entities. 2.1. Organisation form 2.1.1. Please tick the box below which applies a) Your organisation is bidding to provide the services required itself b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services c) The Potential candidate is a consortium 2.1.2. If your answer to 2.1.1 is (b) or (c) please indicate in the table below (by inserting the relevant company/organisation name) the composition of the supply chain, indicating which member of the supply chain (which may include the Potential candidate itself or solely be the Potential candidate) will be responsible for the elements of the requirement. Requirement Company / Organisation How much of the requirement and what will they directly deliver (%) 1 2.1.3. If your answer to 2.1.1 is (b) and you are unable to confirm all sub-contractors (complete supply chain) at this stage, you will need to demonstrate a satisfactory methodology and track record of delivering a supply chain. Please give a brief outline on policy regarding the use of sub-contractors and, if applicable, the extent to which it is envisaged they may be used in any contract. Methodology for procuring supply chain ([300] words or fewer) 2.2. Organisation details 2.2.1. Organisation details of the prime contractor, single contractor or consortium leader 2.2.1.1. Full legal name, address and website of the Potential candidate in whose name the tender will be submitted (the Prime or Single contractor): Company Name Address Town/City Postcode Country Website 2 2.2.1.2. Name, position, telephone number and e-mail address of main contact for this project. Contact Name Position Telephone Number Fax Number (if available) E-mail 2.2.1.3. Current legal status of the Potential candidate (e.g. partnership, private limited company, etc.): Please (tick one box) Sole Trader Partnership Public Limited Company Private Limited Company Other (please state) 2.2.1.4. Date and place of formation of the Potential candidate and Company registration number. Please provide copies of Certificates of Incorporation (where appropriate) and any changes of name, registered office and principal place of business. Date of formation Place of formation 3 Date of registration Company registration number Certificates enclosed YES / NO (please delete) Registered Office Principal place of business 2.2.1.5. Ownership structure a. Full legal name and address of Parent Company if applicable: Company Name Address Town/City Postcode Country Company registration number b. Full legal name and address of (ultimate) Parent Company if applicable: 4 Company Name Address Town/City Postcode Country Company registration number c. If the Potential candidate is a division or subsidiary, what is its relationship with the Parent Company (ownership, directorship, authority, etc) Relationship d. Please provide a one-page chart illustrating the ownership structure of the Potential candidate including relations to any parent or other group or holding companies. Ownership structure enclosed (please tick √) 2.2.1.6. Please provide a brief history of the Potential candidate’s organisation. Brief history of the Potential candidate’s organisation, no more than 400 words, including details of any parent and associated companies and any changes of ownership over the last 5 years including details of significant pending developments, changes in financial structure or ownership, prospective take-over 5 bids, buy-outs and closures, etc which are currently in the public domain. 2.2.1.7. Executive Directors / Partners of the Potential candidate Name Responsibility 2.2.2. Organisation details of each consortium-partner(s) or sub-contracting party Please use the framework above to describe the organisation details of each consortium-partner(s) or sub-contracting party 2.3. Documents and informations used as evidence responding the selection criteria 2.3.1. Elimination criteria Documents that can be used as evidence: see point 1.14.1 or using the declaration Annex A. 2.3.2. Economic and financial standing 1. Proof of the economic operator's economic and financial standing may, as a general rule, be furnished by one or more of the following references: (a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance; (b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established; 6 (c) a statement of the undertaking's overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information on these turnovers is available. 2. An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect. 3. Contracting authorities shall specify, in the contract notice or in the invitation to tender, which reference or references mentioned in paragraph 1 they have chosen and which other references must be provided. 4. If, for any valid reason, the economic operator is unable to provide the references requested by the contracting authority, he may prove his economic and financial standing by any other document which the contracting authority considers appropriate. 2.3.3. Technical and professional ability A. Experience and track record (candidate and subcontractors / consortium members) A.1. Describe up to five projects of integration services that have been carried out in the last five years by the Potential candidate and/or subcontractors / consortium members and that are relevant to the Benelux Patent Platform project Please use the framework to describe up to five projects. Project n Client organisation Organisation who executed the project Quality (single contractor/sub-contractor/consortium) Total amount of product and services Start and end date of project Scope and content of project Number of users (internal / external) Description of services provided by subcontractors (name of subcontractor, description of services provided, % age of total value of project) 7 Relevance of this reference for Benelux Patent Platform project Contact person: name, function, telephone number, e-mail address A.2. Describe up to five project of hosting Please use the framework to describe up to five projects. Hosting project n Client organisation and address Organisation who executed the project Quality (single contractor/sub-contractor/consortium) Contact person: name, function, telephone number, e-mail address Start and end date of contract Contract reference, brief description of services provided Value of contract (p.a.) Description of services provided by subcontractors (name of subcontractor, description of services provided, % age of total value of project) Names of supply chain members (subcontractors) and/ or consortium members and their role 8 B. Qualification of available development staff (candidate and subcontractors / consortium members) Provide information on the qualifications of up to ten development staff or product support staff from the Potential candidate or subcontractors / consortium members Please provide details of the Potential candidate’s staff numbers. Please provide details of the average annual numbers of both staff and managerial staff over the previous 3 years. Staff numbers (permanent and temporary) Managerial Staff In relation to the requirement please provide details of the Potential candidate’s available technical facilities, study and research facilities, tools, plant and technical equipment. Statement of available facilities Where the requirement is for the supply of services or works and the Potential candidate is an individual please provide details of the educational and professional qualifications of: Potential candidate The Potential candidate’s managerial staff, if any The one or more persons who would be responsible for providing the services or carrying 9 out the works. Please provide details of the Potential candidate’s technical ability to perform the contract, including details of skills, efficiency, experience and reliability relevant to the contract. Details of the Potential candidate’s technical ability (including skill area, number of permanent and number of temporary employees) Please provide details of staff turnover as percentage of your workforce for the last 3 years. Staff turnover % for the last 3 years Please use the framework to describe up to 10 profiles. 1 Name and function Employer Short resume Relevant projects completed and role played (max. 3 projects) Diplomas, qualifications and certificates Language skills 10 C. Description of the methodology, tools and materials that the tender can deploy Please provide details of the principal areas of business activity, main products and services Brief Description of the Potential candidate’s primary business and main products and services. Please provide details of the Potential candidate’s measures for ensuring quality in relation to the goods to be sold or hired or the services provided under the contract. Details of the Potential candidate’s measures to ensure quality such as Quality Management systems C.1. DEVELOPMENT Organisation who executed the project Quality (single contractor/subcontractor/consortium) Description of implementation methodology and user interaction Description of integration methodology for COTS 11 products C.2. HOSTING Location Organisation who executed the project Quality (single contractor/sub-contractor/consortium) Number of clients housed Redundancy and availability Security measures in place (for each client in-house vis-à-vis the outside to access the customer at the centre, to ensure confidentiality of data, ...) Availability of the center on access to data by the client Number of people in the hosting center's staff and their profile Service process methodology, organization of work (x-hour rotating shifts, front line of customer support, procedure (s) to initiate proactive management of a problem and follow up ...) Support Line: languages used by the Service Desk – availability Procedures for incident and change management Procedures for escalation, for crisis management Preventive or corrective maintenance Management of versions, patches and licenses 12 Monitoring facilities and process 13 Annex A: DECLARATION I, the undersigned, Mr(s) ………………………………, being the representative authorised to sign on behalf of the candidate, hereby declare on my honour that: (a) the candidate is not bankrupt or being wound up, is not having his/her affairs administered by the courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, or is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) the candidate has not been convicted of an offence concerning his/her professional conduct by a judgment which has the force of res judicata; (c) the candidate has not been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) the candidate has fulfilled obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which he/she is established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) the candidate has not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the financial interests of the Communities/the European Union; (f) the candidate is not currently the subject of an administrative penalty because of false declaration in the delivery of the information that has been requested by the contracting authority during a previous procurement, for not supplying the required information or for non compliance with their obligations on a previous contract. I hereby undertake to supply any documents specifically requested from me. The undersigned is aware of the fact that contracts may not be awarded to candidates or tenderers who, during the procurement procedure: (1) are subject to a conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest; (2) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information; (3) find themselves in one of the situations of exclusion ((a) to (f) above) for the procurement procedure. In addition, I, the undersigned, declare on my honour that: the candidate will inform the contracting authority, without delay, of any situation considered a conflict of interest or which could give rise to a conflict of interest; the candidate has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept any 14 advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to the award or the execution of the contract; the information provided to the contracting authority within the context of this invitation to participate is accurate, sincere and complete; by responding to the selection procedure that I grant BOIP and its advisers a licence during the term of the project to copy, modify, distribute and make available the information contained in our response for the limited purposes of evaluating our suitability to participate in the project and negotiating any final agreement(s) with BOIP; by responding to the selection procedure BOIP shall have no liability in respect of my organisation’s costs and that no warranty, representation or undertaking, express or implied, is given by BOIP as part of the selection procedure; Date: ............................ Signature: ............................................... Name: Duly authorised to sign this SELECTION PROCEDURE on behalf of: (Company Name) In the capacity of: [NOTE: This form must be signed by a director or other senior representative of the Potential Provider.] 15 Annex B Request form Questions about the SELECTION PROCEDURE from “<name” Name company Name contact person: Telephone number: E-mail: Date: Question Reference to the document Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Etc. 16