Frequently asked questions
On doc 7 7_Subcontracting declaration_33-UU-DO-CMEMS-DEM3_EN.doc, related to the tender 33-UU-DO-CMEMS-DEM3, at point J : “………………………………………….., represented by Mr./Mrs. ………………………….., commits ………………….. to carry out the tasks described in paragraph G and accepts direct payment of ………………………. by Mercator Ocean.” what is asked to be put in the first three dotted lines? We thought about “The (institution, e.g. University of xxxx ), represented by Mr./Mrs (legal responsible), commits ????”
In the first dotted space, you should insert the name of the company to whom some of the work has been sub-contracted, then the name of the person who can sign and commit legally the company.
33-UU-DO-CMEMS-DEM3 Development and Promotion of Demonstrations of CMEMS Downstream Services Contributing to the Implementation of the MSFD of the European Union? We are unable to complete the “Subcontracting Declaration” as we envisage the need for a subcontractor within our bid, but we are unable to specify who the subcontractor will be at this stage. How do we proceed?
The candidate may submit subcontractors at the stage of submission but also during contract execution. In the first case, documents and information listed in paragraph 3.4.1.2 should be added to the bid. In the second case, the subcontractor is submitted after the beginning of the contract (documents of paragraph 3.4.1.2 or a subcontracting declaration) and Mercator Océan must accept the company/person chosen.
I have a few questions regarding the above call:
1. Do we have to register our intention to submit a proposal? And if so, were does this have to be completed?
2. Can we send the proposals electronically or do they also have to be sent in hard copy by post?
3. Is there a page restriction for the proposal?
1. It is not necessary to register your intention to submit a proposal.
2. You can send your offer electronically or by surface mail but it is not possible to combine the 2 methods.
3. There is no page restriction for the proposal.
We are interested by this tender and we would like to bid. The technical description is very basic. Is an InfoDay that represents these requirements planned? Are there documents decribing theses technical requirements?
We did not plan any InfoDay (webinar) and the technical description is voluntary basic in order to get numerous offers with various application demonstrations.
After a first screening of the tender documentation it seems to me that the contracts
- 31-UU-DO-CMEMS-DEM1
- 32-UU-DO-CMEMS-DEM1
- 33-UU-DO-CMEMS-DEM1
Are lump-sum contracts, thus the money transfer does not require specific economic reporting, but just the remittal of an invoice (of course subject to the completion of the scheduled work). Could you please confirm? Moreover, the contracts of these 3 tenders are defined as “simple contracts” (see article 1.4 of Tender regualtions). What does that exactly mean?
As you noticed, contracts are service contracts that do not need any reporting.
Simple contract means that a contract is concluded between one (or several acting together) benificiary(ies) for one services. The opposite would be several contracts for several services linked to each other.
For each call, in the Tender Regulation it is stated:
§ 1.3 Allotment: “This consultation is made up of NN lots, with each lot leading to the conclusion of a contract”
§ 1.8 Amount of the contract: “As an indication, the contract is for an amount of XXX euros”
Is the amount mentioned in each Tender Regulation under §1.8 related to the whole tender, or does it refer to a single lot/contract within the tender?
You are right. The amount indicated in 1.8 in the tender’ s regulations is the amount for the whole tender and not for each lot.
About the User-uptake open Calls.
I see that for each tender, in the “tender regulation file” paragraph 1.8 the amount of the contract is specified (namely 600k for DEM3, ~1M for DEM1 and DEM2).
It is not clear to me if the declared amount is per bid or must be shared by the number of selected bids.
Furthermore how many bids will be selected per lot?
Amounts corresponds to the sum of the call (not for each lot). One bidder will be chosen for one lot.
31-UU-DO-CMEMS-DEM1 (Promotion of demonstrations of CMEMS downstream services) vs. 32-UU-DO-CMEMS-DEM2 (Development and promotion of demonstrations of CMEMS downstream services): I think the difference between one and the other is exactly the development – if something is more consolidated, it seems that should go through 31-UU-DO-CMEMS-DEM1; if it is more subject to development prior to implementation, it should go for 32-UU-DO-CMEMS-DEM2 – is this right?
- Allotment and amount of the contract: We can see different lots for each tender. For instance: 32-UU-DO-CMEMS-DEM2 has 7 lots, each one will have a contract. We can see an indicative amount of 1 050 000 euros per contract: do you confirm that this is the indicative amount per lot, or is it to be shared by all lots?
- If the previous answer is 1 050 000 per contract and per lot, do you think that ideas with small budgets in relation to 1 050 000 euros (for instance, 100 000 or 150 000 euros) may also have any chance of approval?
- Lot 7 in 32-UU-DO-CMEMS-DEM2: this lot is “On Global Zones and Outermost Regions (OR’s)”. Can a bid cover only 2 or 3 OR’s?
Yes it’s right.
The sum of the 7 lots have a cumulative maximum of 1 050 000€.
Lot 7 has to use the global CMEMS products.
It has to be on coastal regions of the global ocean with a priority for the Outermost Regions.
The bid will cover one service on 1 or several different regions.
We are looking at the tender but we need more information on paragraph 3.2.2 of the tender’s regulation “Candidates’ attention is drawn to the fact that the same economic operator may not be representative of more than one consortium that is candidate for the consultation. Candidates’ attention is also drawn to the fact that, within the scope of this consultation, the same economic operator is not authorized to remit several applications in his capacity as member of a consortium and individual candidate”
Can an economic operator make several offers (not related to the same service) as a member of several groupings (representative or not). It seems to mean that it is not possible. Could you confirm? On the other hand, an economic operator can belong to a grouping submitting an offer for a service A in the tender number 32 and an offer fot a service B in tender 33.
Is it possible as a subcontractor?
You are right. A economic operator cannot make several offers (not related to the same service) as a member of several groupings (representative or not). On the other hand, an economic operator can belong to a grouping submitting an offer for a service A in the tender number 32 and an offer fot a service B in tender 33.
There is no legal link between the subcontractors and Mercator Océan, therefore it is possible to be the subcontractors of several candidates in the same tender. We remind you that each subcontractor has to be accepted by Mercator Ocean.
Can entities that are not from European Union Bid?
It is possible for non-EU entities (SMEs) to bid to these calls.
Can a private individual who is not registered as an sole trader or similar economic operator framework, bid for this procurement?
Your question required some legal investigations. French public procurement law allows physical persons to bid for an offer without any condition but the tax regulations forbids contracting and paying someone who is not registered as a professional.
So I’m afraid that the answer to your question is no.
Has an Info Day taken place describing the requirements?
No, no Info Day has taken place.
Can you confirm that since 31-UU-DO-CMEMS-DEM1, 32-UU-DO-CMEMS-DEM1 et 33-UU-DO-CMEMS-DEM1 are lump-sum contracts, the money transfer does not require specific economic reporting, but just the remittal of an invoice (of course subject to the completion of the scheduled work)?
Indeed, these contracts are service contracts that do not require any reporting.
What does “simple contract” mean (see article 1.4 of Tender regulations)?
Simple contract means that the contract is concluded between one (or several acting together) benificiary (ies) for one services. The opposite would be several contracts for several services linked to each other.
Is the amount mentioned in each Tender Regulation under §1.8 related to the whole tender, or does it refer to a single lot/contract within the tender?
The amount in each tender regulations is the total amount of the call and not for each lot.
In Paragraph § 3.2.2. of the Tender Regulations, it is specified:
“Candidates’ attention is drawn to the fact that the same economic operator may not be representative of more than one consortium that is candidate for the consultation. Candidates’ attention is also drawn to the fact that, within the scope of this consultation, the same economic operator is not authorized to remit several applications in his capacity as member of a consortium and individual candidate.”
To be clear, can the same economic operator submit several distinct tenders (not applying to the same service) to the same Call for tenders, as a member of several consortia (either as agent or subcontractor)? The language used seems to imply that it is not the case.
Is it safe to assume, however, that an operator is allowed to belong to a consortium submitting a tender for Call for tenders 32 as well as a distinct tender for Call for tenders 33?
Indeed, we confirm that is not possible for the same operator to submit several distinct tenders (not applying to the same service) to the same Call for tenders, as a member of several consortia (either as agent or subcontractor). However, an operator may be a member of consortium submitting a tender for one service on Call for tenders 32 and another tender for a different service for Call for tenders 33.
