Pre-Qualification Document - European Stability Mechanism€¦ · Pre-Qualification Document PQ...

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Pre-Qualification Document PQ Ref. No.: PMO/02/CS/RH/2016 Provision of Consultancy Services Question and Answer and Clarification Document Series 2 Please Note: 1) This includes the previously provided Question & Answer and Clarification (Series 1). 2) An attempt has been made to group like subject matters 3) In some instances, questions have been modified to ensure anonymity. 4) The document does contain certain clarifications and updates care should be taken to read the document in its entirety. 5) Further updates may follow, but are not anticipated. 6) The PQD has been updated to reflect these changes.

Transcript of Pre-Qualification Document - European Stability Mechanism€¦ · Pre-Qualification Document PQ...

Page 1: Pre-Qualification Document - European Stability Mechanism€¦ · Pre-Qualification Document PQ Ref. No.: PMO/02/CS/RH/2016 Provision of Consultancy Services Question and Answer and

Pre-Qualification Document

PQ Ref. No.: PMO/02/CS/RH/2016

Provision of Consultancy Services

Question and Answer and Clarification Document

Series 2

Please Note:

1) This includes the previously provided Question & Answer and Clarification (Series 1).

2) An attempt has been made to group like subject matters 3) In some instances, questions have been modified to

ensure anonymity. 4) The document does contain certain clarifications and

updates – care should be taken to read the document in its entirety.

5) Further updates may follow, but are not anticipated. 6) The PQD has been updated to reflect these changes.

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Question S1 No 1

Pursuant to the ESM By-Laws, the ESM external audit firm shall not be eligible to provide any non-audit related consulting services to the ESM. Nevertheless, we would like to encourage audit firms to participate in the public procurement procedures for both, consulting services and audit services. If the audit firm is appointed ESM external auditor, it will be asked to cease the provision of the any non-audit related consulting services. The public procurement procedure for audit services is planned to take place at the beginning of 2017. ESM Response to Question S1 No 1

Pursuant to the ESM by-laws, the ESM external audit firm shall not be eligible to provide any non-audit related consultancy services to the ESM. Nevertheless, we would like to encourage audit firms to participate in the public procurement procedures for both Consultancy Services and audit services. If the audit firm is appointed as the ESM external auditor, it will be asked to cease the provision of any non-audit related Consultancy Services. The public procurement procedure for audit services is planned to take place at the beginning of 2017.

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Question S2 No 1

Page 20 selection criteria No. 2 mentions “if interested in the fields for Lots 1 and 1.5, you must have consultancy experience in these field.” Can you please specify clarify what Lot 1.5 is – Is this an error? ESM Response to S2 No 1

This is an error and should be replaced with Lot 1 Section a), b) and c). In addition the term “field” is to be considered interchangeable with “Discipline”.

Question S2 No 2

Section 2.3, Item No. 1 (page 21/27) could you please confirm what might be the minimum duration for an engagement?

ESM Response to Question S2 No 2

There is no minimum identified.

Question S2 No 3

Section 3. "Services Required" Clarification of Roles (pages 9 and 25-27) - Could you please define and clarify the differences between a "Business Analyst", a "Subject Matter Expert", a "System Analyst" and a "Quality Assurance / Tester". ESM Response to Question S2 No 3

Quality Assurance/Tester – The role is concerned with testing and providing quality assurance related to either IT technical changes or business process enhancements. System Analyst – a technical specialist who defines how an IT system should be configured, changed or adapted to meet a given set of business requirements. Typically produces detailed design documentation etc. Business Analyst – a specialist who works with the business to develop their business requirements for IT or related business process change (there may in reality be overlap with the System Analyst depending on the nature of the system or project…) Subject Matter Expertise (SME) - Expertise in a particular discipline not related to IT systems e.g. an Accounting SME would be an expert in accounting.

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Question S2 No 4

Disciplines for the LOT 2: IT SERVICES - ERP platforms - Could you please describe the functional process currently managed in Oracle (Procure-to-Pay, General Ledger Accounting, etc,) and the type of service (support, implementation of business functionalities, etc.) foreseen in the future i.e. 2nd stage of the procurement

ESM Response to Question S2 No 4

Oracle is currently used by the ESM in the Procure-to-Pay, General Ledger Accounting and Asset Management realms and is cloud based. Consultancy expertise for requirements may take a variety of forms, in the ERP realm that are yet to be defined at this point in time.

Question S2 No 5

Disciplines for the LOT 2: IT SERVICES - ERP platforms - Do you have, or plan to have, other ERP system in place? Should we include Client references relating to only Oracle, or also relating to other systems (as SAP, Microsoft…) ESM Response to Question S2 No 5

ESM’s longer term ERP strategy is currently under review. The choice of references is left to the Candidate that best reflect its capabilities. Question S2 No 6

Could you please describe the areas where Microsoft applications are used e.g. Operating system, maintenance & administration, Productivity, etc. ESM Response to Question S2 No 6

Microsoft applications requirements typically would be more on the functional/development side rather than administration. Examples include but are not limited to, VBA coding or SharePoint development. Question S2 No 7

Regarding the “pool” of available consultants we are able to place, are you meaning on-boarded consultants? What kind of information of each one are you expecting from us? ESM Response to Question S2 No 7

The response should include an indication of how many resources can be supplied (this can reflect both placed and non-placed), how many you have placed in the past two calendar years, and identification of industries serviced. Question S2 No 8 a) and b)

a) Could you please upload the PQD in an editable format (Word) so as we can complete the relevant annexes?

b) In terms of formal paperwork, shall we scan the document you published with the corresponding signatures?

ESM Response to Question S2 No 8 a) and b)

The relevant annexes will be posted in Word format (on the ESM Procurement website) in the coming days.

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Question S2 No 9 LOT 1: Capital Markets Design and Analysis a. Financial Instruments

(1) In which kind of consultancy services are you exactly interested? What kind of projects will you initiate

most likely (strategic projects, reorganization/restructuring, regulatory implementation, new product

offering)?

(2) Are you looking for advice in the development and placement of capital market products/instruments?

(3) What kind of analysis services do you expect? Risk analysis? Financial and regulatory impact analysis?

ESM Response to Question S2 No 9

The exact nature of requirements will vary in subject matter, complexity, scale, volume, value, nature (amongst other considerations). As such, that which is identified in the question above (but not limited to these) (1) Is considered correct, except the reference to new product offerings. However, from scratch implementation of existing financial instruments is requested. (2) Is be considered incorrect. The ESM is not interested in the development and placement of capital market products/instruments. However, the ESM is interested in the from scratch front-to-back implementation of financial instruments for funding or investment purposes. (3) Is be considered correct Question S2 No 10 LOT 2 and LOT 3: Do you ask for operational support in the fields mentioned in LOT 2 and LOT 3? Do you also intend to outsource these services to an external provider? Or do you strive for management consultancy

services in the area of change and implementation? ESM Response to Question S2 No 10

This PQD is not intended to address/secure outsourced operational services but consultancy services. However in some instances parties may be requested to be involved in some ‘Business as Usual’ activities. The exact nature of consultancy services may vary in subject matter, complexity scale, volume, and nature (amongst other considerations) including but not limited to change or implementation. Question S2 No 11

What is the overall context and what are the objectives of the framework agreements for the provision of consultancy services, e.g., compliance with best banking practices, efficiency increase, etc.? ESM Response to Question S2 No 11 Please refer the introductory section of the PQD for the objectives – the purpose may be wide and varied, including but not limited to that identified in the question raised, and will vary in subject matter, complexity scale, volume and nature (amongst other considerations). Question S2 No 12 a) & b)

a) 2.3 Authorisation and suitability to carry out the relevant professional activity - Item 1- “lowest value”, is

defined like a fixed price by engagement or defined by consultant rate per hour?

b) Section 2.3, Item No. 1 "the lowest value at which you would consider any contract for the disciplines you are interested": could you please confirm if you refer to a minimum engagement volumes, e.g. 10 T€, or to a minimum daily rate, e.g. 900 €/day?

ESM Response to Question S2 N12 a) and b)

The ESM is interested in the identification of a “threshold amount” expressed in Euros per assignment, below which a Candidate may not be interested in participating in available assignments (not a minimum daily rate). This may be either on 1) a fixed price basis or 2) on a consultant time basis (as most requirements are anticipated to have an estimated value) or 3) any combination of 1 or 2 or 3) other methodology that may be arrived at.

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Question S2 No 13

On page 20 questions 5-6-9: We have resources in multiple countries. As services referred to in the PQD will be delivered in Luxembourg. Can we therefore restrict our resource pool and credentials to a certain range of countries? ESM Response to Question S2 No 13

The choice of which resources Candidate identifies its resource pool is left to the Candidate. Question S2 No 14

Could you please clarify whether the selection criteria should be filled only once per Tenderer or should we prepare it separately for each lot?

ESM Response to Question S2 No 14

Only once. Question S2 No 15 a), b), and c)

a) Items 2, 6, 9- “indicative value”, is an economic value related to consultancy placements/engagements payments? b) Section 2.2, Item No. 6 (page 20/27) -Could you please clarify the information expected in terms of "indicative value" for credentials? c) Would it be acceptable to provide an estimated volume of "man-days" to express the size of an engagement, or do you require a financial information? ESM Response to Question S2 No 15 a) b) and c)

a) is an economic value related to consultancy placements/engagements revenue/payments received b) See a) above c) ESM is looking for the monetary value expressed in Euros (approximate/order of magnitude figures only) Question S2 No 16 a) and b)

a) In 2.3-2, when referring “fees placed at risk”, we understand projects with variable fees according to our performance, with possible extra fees and penalties; is this correct?

b) Page 21 - Item 2: Could you please specify the range of the "Fees placed at Risk" and if the tolerance level will be fixed with the providers?

ESM Response to Question S2 No 16 a) and b)

The intent to ensure that in certain instances, and to the degree appropriate, that a Candidate “places at risk” elements or amounts of its fees agreed under the particular assignment contract awarded, as a means to further ensure the Candidates successful performance. The schemes may vary given scale, complexity, criticality, value, risk (amongst other factors) and may not always apply. There are no predefined ranges or tolerance levels at this time but will be identified at a later stage of the procurement process. Question S2 No 17

We understand that a Tenderer may choose to respond for one or more of the lots/disciplines and there is not a requirement to cover all lots. Is our understanding correct? ESM Response to Question S2 No 17

This is correct.

Question S2 No 18

We understand that Asset Management and Investment Banking and Treasury is required only for Lot 1 and this selection criterion applies only for this particular lot (i.e. non coverage will not lead to rejection of offers in lots 2 and 3). Could you please confirm?

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ESM Response to Question S2 No 18

This is correct. Question S2 No 19

The term “value” of projects when talking about references means the total cost of each project? ESM Response to Question S2 No 19

The approximate consultancy fees paid to your firm for its efforts associated with the project. Question S2 No 20 a) and b) a) On page 20, we are under the opinion that questions 6 and 9 are redundant, as answering question 9

would de facto address question 6. Can you clarify the difference between consultancy placement and consultancy engagement? Could we skip question 6?

b) Page 20 selection criteria No. 6 and selection criteria No. 9 requires attestation of engagements, with largely the same information. Can the same engagement references be used for both?

ESM Response to Question S2 No 20 a) and b)

Question 6 addresses financial institutions/clients as well as English language engagements and does not require a list per each discipline. The term “consultancy placement” and “consultancy engagement” are to be considered interchangeable. Therefore they are not to be considered redundant and should not be skipped – however they may be contain the same engagements. Question S2 No 21

We understand that Tenderers are eligible to apply (and they will not be eliminated) if they can cover part of profiles/disciplines within a lot and not the totality of profiles/disciplines. Is our understanding correct?

ESM Response to Question S2 No 21

This is correct. Question S2 No 22

Page 20 selection criteria No. 8 – please elaborate on this requirements (clarification) ESM Response to Question S2 No 22

There was an error in the table with text cut off see the revised version below:

Question S2 No 23 Do you require consultant C/V and daily rates or references for the consultants for each discipline/profile/experience either for the charts or the word document? ESM Response to Question S2 No 23

The ESM does not require CV’s of any form or consultant rates in response to this PQD.

8 Pass/FailCandidates must confirm their willingness to secure any and all consultancy resource related travel, accommodation

and other related expense matters without assistance of whatever kind of the ESM unless special circumstances

warrant

Positive confirmation

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Question S2 No 24

On page 19, question 2: what is a « Current Ratio not less than 1? ESM Response to Question S2 No 24

Current ratio is defined for the purposes of this PQD is: A Candidates ratio between its current assets and its current liabilities (the latter being not more than the first for solvency purposes) for its latest completed fiscal period.

Question S2 No 25

Page 9 carries a reference for “Annex 3”. Please confirm where Annex 3 is? The PQD specifies on page 9: The Service Providers with whom the ESM will sign the framework agreements should be able to provide Consultants for the following profiles types (individually a “Profile” or collectively the “Profiles”) for all or some of the Disciplines (see Mandatory combinations in Annex 3) ESM Response to Question S2 No 25

Annex 3 references are to be changed to Annex 2 Section 3.2 Supply Interest identification. The term “mandatory combinations” is intended to reflect the ESM profiles listed below and as further described in the PQD and any Question and Answers and Clarification documents issued.

- Project Manager - Business Analyst - Subject Matter Expert - Project Management Office support - Quality assurance/tester - System analyst - Developer

That is, a Candidate is expected to provide Consultants in keeping with ESM’s definition of the Profiles notwithstanding any other definition used by a Candidate firm. Question S2 No 26

Section 2.2, Item No. 8 (page 20/27): Could you please clarify the defined rule for expense: does the all-inclusive rate also apply for consultants based outside Luxembourg? ESM Response to Question S2 No 26

Yes it would include those based outside of Luxembourg – all-inclusive means all associated fees to be charged ESM. Question S2 No 27 a) and b)

When the ESM will be hiring consultants, it is not entirely clear to us what level of management responsibility the ESM will be taking, as the TOR is using words such as 'co-sourcing' which implies you may envisage Consultants working with teams or part of teams, whilst also using words such as risk taking and fixed price, suggesting you may tender also clearly scoped projects. a. Does the ESM take responsibility for planning and managing the work of the consultants in all cases? If

not, what is the estimated portion of projects that are expected to be managed by the ESM? b. Where the ESM does take responsibility for planning and management of the work, will the ESM provide

adequate oversight and management responsibility for the work delivered by the consultants? ESM Response to Question 27 a) and b)

The exact nature of requirements will vary in subject matter, complexity, scale, volume, value and nature (amongst other considerations). Accordingly, the roles, responsibility, and risk profiles will vary per assignment, which would be identified when a Candidate is approached to respond to a particular assignment. Please also refer to questions/clarifications S2 No 10 and 16 for additional information.

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Question S2 No 28

With reference to selection criteria, section 2.2 Technical or professional ability, “Candidates are requested to address each question below and supply the requested elements in a correspondingly named and numbered response subsection.” We understand that we can prepare a separate document where we can provide our responses to the different items. Could you please confirm?

ESM Response to Question S2 No 28

That is correct Question S2 No 29

Our firm is comprised of multiple entities. Is it possible to have one entity doing the fronting towards the ESM (in terms of both contractual and service delivery aspects), which would in turn internally dwell on resources from the other 2 entities? Alternatively would you require each entity to do the fronting with the ESM. ESM Response to Question S2 No 29

In such cases, the ESM has preference that a single lead entity be identified that would maintain all contractual and delivery responsibilities and obligations for any Consultant/services to be supplied. How this is managed and/or administered amongst affiliated (amongst other forms inter-organization relationships) firms is for the Candidate to address. Alternatively, this would not preclude each entity dealing directly with the ESM, however each would have to participate in this procurement process. Question S2 No 30

In the selection criteria: We understand that where a “Positive Confirmation” is required, a simple “Yes” answer suffices for the coverage of the respective criterion. Could you please confirm? ESM Response to Question S2 No 30

Where a positive confirmation has been identified as a response element in the tables of Section 2 the

corresponding response document should contain the following statements and be signed and dated (in

addition to the particular response details).

I refer to the PQ Ref. No.: PMO/02/CS/RH/2016, launched by the ESM in relation to which the Candidate has submitted an Application. The undersigned acting in his/her name/acting as (a) duly appointed representative on behalf of [ ] confirm the following: By: Signature (Signed) _______________________________

Name and Title (Typed) _______________________________ Place and Date _______________________________

Question S2 No 31

On page 20, what should be the form of an attestation? Do you have a template? Could you otherwise provide an example?

Items 5, 6, 9: “supply an attestation”, this kind of certification, could be provided by our firm or do we have to

ask our Clients to provide it to us?

ESM Response to Question S2 No 31

These are to be “self-attestations” from your firm and no information is requested from your Clients. Where an “attestation” has been identified as a response element in the tables of Section 2, the corresponding the response document should contain the following statements and be signed and dated (in addition to the particular response details). I refer to the PQ Ref. No.: PMO/02/CS/RH/2016, launched by the ESM in relation to which the Candidate has submitted an Application. The undersigned acting in his/her name/acting as (a) duly appointed representative on behalf of

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[ ] certify (certifies) the following: By: Signature (Signed) _____________________________

Name and Title (Typed) _____________________________ Place and Date _____________________________ Question S2 No 32

On page 20, what should be the form of an attestation? Do you have a template? Could you otherwise provide an example? ESM Response to Question S2 No 32

Where a “response” has been identified as a response element in the tables of Section 2.2 the corresponding response document should contain the following statements and be signed and dated (in addition to the particular response details). I refer to the PQ Ref. No.: PMO/02/CS/RH/2016, launched by the ESM in relation to which the Candidate has submitted an Application. The undersigned acting in his/her name/acting as (a) duly appointed representative on behalf of [ ] identify the following: By: Signature (Signed) ______________________________

Name and Title (Typed) ______________________________ Place and Date ______________________________

Please also note that section 2.1 identifies a request for two attestations, notwithstanding the use of the term

“Satisfactory Response” in the table.

Question S2 No 33

With reference to selection criteria, section 2.2 Technical or professional ability, “Supply an attestation that you have provided at least ten (10) prior and successful consultancy engagements in Europe for each of the disciplines that you are interested in supplying the ESM - the response should include an associated list brief 1-3 line description and an indicative value and industry of Client”

a) Does a description of our previous contracts suffice for the coverage of this criterion? b) What is the difference between Attestation and Evidence required? c) What kind of attestation is required for this particular question?

ESM Response to Question S2 No 33

The response expectation identified are:

Supply an attestation that you have provided at least ten (10) prior and successful consultancy engagements in Europe for each of the disciplines that you are interested in supplying the ESM - the response should include an associated list, brief 1-3 line description and an indicative value and industry of Client. The “Evidence” would be the content of the response that is provided in the “Attestation”

See S2 No 31 for explanation of the content of an Attestation. Question S2 No 34

a) Page 20 - Item 6: We assume that you expect as attestation a self-declaration that we provided the services to the client and as evidence a list of the references with a description of the activities performed, budget, dates and clients. Could you please confirm?

b) Does a description of our pool of resources suffice for the coverage of this criterion? c) What is the difference between Attestation and Evidence required? d) What kind of attestation is required for this particular question?

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ESM Response to Question S2 No 34

The response expectation identified are:

How many successful professional consultancy placements have you made in financial institutions/clients with

English language deliverables in the last 3 years in Europe - a minimum of twenty (20) such placements is

required - the response should include an associated list, a brief 1-3 line description, an indicative value, field in

question, and financial sector of Client. ESM does not require references to be supplied here.

The “Evidence” would be the content of the response that is provided in the “Attestation” See S2 No 31 for explanation of the content of an Attestation. Question S2 No 35 Concerning point 2.2. Technical or professional ability: Item 6: Do we understand correctly that for this item

you are only interested in consultancy services supplied to financial institutions / clients irrespectively of the

discipline

ESM Response to Question S2 No 35

This is correct. Question S2 No 36 Concerning point 2.2. Technical or professional ability: Item 9: Is discipline here to be understood as a lot (i.e. 3 disciplines in total) or is discipline to be understood as the subheadings of a lot (i.e. Lot 2 has 7 disciplines). Page 20 - Item 9: Do we have to provide at least 10 prior and successful consultancy engagements for each of the lots (i.e.10 successful engagements for "Lot 1 - Capital Market Design and Analysis" + 10 successful engagements for "Lot 2 - IT Services" + 10 successful engagements for "Lot 3 - Corporate Services") or do we have to provide at least 10 prior and successful consultancy engagements for each of the disciplines (i.e. for "Lot 3 - Corporate Services": 10 successful engagements for "Internal Audit" + 10 successful engagements for "Procurement" + 10 successful engagements for "Human Resources" etc.)? Page 20 selection criteria No. 9 asks for ten engagements per discipline of our application. Please elaborate on what additional information should be supplied, as suggested in selection criteria No. 2 (page 20) ESM Response to Question S2 No 36

For greater clarity:

Lot 1 contains three disciplines (a to c) Lot 2 contains seven disciplines (a to g) Lot 3 contains seven disciplines (a to g)

The response elements indicate “Supply an attestation that you have provided at least ten (10) prior and

successful consultancy engagements in Europe for each of the disciplines that you are interested in supplying

the ESM - the response should include an associated list, brief 1-3 line description and an indicative value and

industry of Client”.

Question S2 No 37

Reading the qualification document we understood that we should attach “attestation” of every single project we performed in Europe, are those attestation formal certifications or may we enclose a project description and some clients’ contacts? In the case of needing formal certifications, what kind are you expecting? ESM Response to Question S2 No 37

The understanding is incorrect, we do not require an attestation for “every single project”. Please refer to the other clarifications in terms of response expectations. Question S2 No 38

Annex 2 3.2 “Supply Interest Identification” LOT3 Table Page 27 - In the table LOT3: Corporate Services, some of the profiles (e.g. Quality Assurance/ Tester, System Analyst and Developer) seem to be linked to the previous lot - IT. Could you please clarify if these profiles are really required for this lot and if so in what context?

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ESM Response to Question S2 No 38

The ESM may require access to Quality Assurance/testing expertise from a non-IT perspective, In addition it may require expertise to assist or contribute to the design, development, feasibility studies, analysis, research or other activities not strictly limited to or resulting in, an IT deliverable to be supplied by these expertise

Also NOTE ESM has updated the tables in the PQD (on the ESM Procurement website) to eliminate the “N/A” that were previously present.

LOT 2: IT Services

IT

Financial

Systems

IT

Security

IT

Architecture

and

Infrastructure

Managing

Outsourced

Service

Providers

and Cloud

Application

Development

ERP

Platforms

Microsoft

Applications

Project

Manager

Junior

Intermediate

Senior

Expert

Business

Analyst

Junior

Intermediate

Senior

Expert

PMO

Support

Junior

Intermediate

Senior

Expert

Quality Assurance

/ Tester

Junior

Intermediate

Senior

Expert

System

Analyst

Junior

Intermediate

Senior

Expert

Developer

Junior

Intermediate

Senior

Expert

Question S2 No 39

Is it possible to establish a Consortium of companies in order to respond in the PQD? If yes, are there any

particular requirements/evidence that must be provided with the offer?

ESM Response to Question S2 No 39

Consortia may submit a response on the condition that it complies with the terms of this PQD including that below: A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for this procurement procedure. All members of a consortium (i.e. the leader and all other members) are jointly and severally liable to the ESM. Please note that a subcontractor IS NOT considered to be a consortium member. In regards to the Eligibility Criteria each member of the Consortium must comply with and supply the requirements set out in Annex 2 including the Section 1.1, and Section 1.2 (to be supplied in the Consortiums response).

The Consortium leader must submit a Cover Certification Form Annex 3.1 on behalf of the Consortium. In regards to the Selection Criteria - economic & financial standing and technical & professional ability of this PQD - evidence is to be provided by each member of the consortium (as applicable) to ensure that the Consortium as a whole fulfils the criteria (e.g. not every consortium member needs to fulfil each of the criteria individually – but rather as a whole).

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The table responses material of Annex 2 Section 2 - 2.2 and 2.3 should be consolidated so as to form a cohesive response with the identification of which Consortium member(s) are satisfying the criteria.

Each consortium member, must at the time of a response, supply an attestation(s) that clearly identifies and includes the following:

1) Specify the company or person heading the project (the leader) and submit, a copy of the document authorising this company or person to respond on behalf of the consortium (e.g. power of attorney) – alternatively, if already available at the time of response, a duly signed and dated (by each member) consortium agreement.

2) Includes the statement

“We/I are fully aware that, in the case of a consortium, the composition of the consortium cannot be modified in the course of the procurement procedure except with the prior written authorisation of the ESM. We are also aware that the consortium members would have joint and several liability towards ESM concerning participation in both the above procedure and any contract awarded to us as a result of it”.

Question S2 No 40

Would it be possible to include a partner/subcontractor company after the current (1st) stage of the procedure? ESM Response to Question S2 No 40

No. Where no sub-contracting or Consortium or other commercial arrangement is indicated is in the response to this PQD, the work will be assumed to be carried out directly by the Candidate. The preceding limitation does not for clarity include and freelance Contractors/individuals engaged by the Candidate firm to satisfy those Disciplines addressed in the Candidates response to this PQD.

Question S2 No 41

Page 20 - Item 2: Could you please confirm the authorization of subcontracting and/or co-contracting? In that case, how do you want us to document this collaboration (credentials, project references, administrative documents, etc).

ESM Response to Question S2 No 41

Sub-Contracting (we assume for these purposes the term co-contracting is interchangeable) is permitted. The Candidate response must identify which Lots and Disciplines will be subcontracted and the extent/share to which they will be subcontracted. This identification/allocation may not change after the response to this PQD. Please note that a subcontractor IS NOT considered to be a consortium member. ESM should be in a position to verify the relevant subcontractor’s capacities. The ESM reserves the right to reject the proposal if the proposed performance by the subcontractor is an essential part of the contract or the capacities of the subcontractor cannot be verified.

The ESM will only deal directly with the Candidate (a “Prime“) for contractual purposes who will be remain responsible for the contractual obligations (in their entirety) of any subcontracted work, in addition to any coordination and administrative matters. All subcontractors must comply with the terms of this PQD including that below and must (pursuant to S2 No 40 above) be identified at the time of a response to this PQD:

In regards to the Eligibility Criteria each subcontractor must comply with and supply the requirements set out in Annex 2 including the Section 1.1, and Section 1.2 (to be supplied in the Candidates response). The Candidate must submit a Cover Certification Form Annex 3.1. In regards to the Selection Criteria - economic & financial standing and technical & professional ability of this PQD - evidence is to be provided by the Candidate and any Sub-Contractors (as applicable) to ensure that the Candidate and any subcontractor(s) jointly fulfils the criteria as a whole). The table responses material of Annex 2 Section 2 - 2.2 and 2.3 should be consolidated so as to form a cohesive response with the identification of it is the Candidate or its subcontractor(s) that is satisfying the criteria.

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Each Subcontractor, must at the time of a response, supply an attestation(s) that clearly identifies and includes the following:

Specify the Candidate acting as their Prime and submit an attestation authorising this Candidate to

respond on behalf of the subcontractor and, if already available at the time of the response, a duly

signed and dated subcontracting agreement”.

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