1 Questionnaire for the Benelux Patent Platform

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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
(%)
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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
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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
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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:
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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
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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;
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(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)
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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
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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
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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
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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
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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
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Monitoring facilities and process
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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
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


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.]
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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.
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