DRAFT FOR DISCUSSION
TENDER DOCUMENTATION
Public contracting authority: [●]
With its registered office at: [●]
Id. No.: [●]
Represented by: [●]
hereby announces an above-the-threshold public contract / below-the-threshold public contract for services
awarded inan open proceedings / simplified proceedings in accordance with Act No. 137/2006 Coll.,
on Public Contracts, as amended (the "PCA" ), pursuant to the provisions of Section 21 (1) (a) / Section 21 (1) (f), PCA,
titled
"Provision of Cloud Services“
(the "public contract“)
TABLE OF CONTENTS
1 CONTRACTING AUTHORITY´S IDENTIFICATION 3
2 SUBJECT MATTER OF PERFORMANCE OF PUBLIC CONTRACT 3
3 ESTIMATED VALUE OF THE PUBLIC CONTRACT 5
4 TERM AND PLACE OF PUBLIC CONTRACT PERFORMANCE 6
5 CONTRACTORS´ QUALIFICATION 6
6 COMMERCIAL AND PAYMENT TERMS 11
7 TECHNICAL CONDITIONS AND ALTERNATIVES 12
8 REQUIREMENTS FOR CALCULATION OF BIDDING PRICE 12
9 INSTRUCTIONS FOR PREPARATION AND STRUCTURE OF THE BID 15
10 SECURITY 16
11 PROVISION OF ADDITIONAL INFORMATION ON TENDER DOCUMENTATION, PERFORMANCE SITE INSPECTION 16
12 DEADLINE AND PLACE FOR FILING BIDS, OPENING ENVELOPES 17
13 TENDER PERIOD 18
14 EVALUATION CRITERIA AND PROCEDURE 18
15 OTHER INFORMATION 19
12
DRAFT FOR DISCUSSION
1 CONTRACTING AUTHORITY´S IDENTIFICATION
Contracting authority´s name: [●]
Registered office: [●]
Id. No.: [●]
Person authorized to act on behalf of the contracting authority:
Acting person´s name, surname, position
Contracting authority´s contact person:
Contact person´s name, surname, position, Tel.: [●], Email: [●]
2 SUBJECT MATTER OF PERFORMANCE OF PUBLIC CONTRACT
2.1 Subject Matter of Public Contract
2.1.1 The subject matter of performance of the public contract is conclusion of a agreement between the contracting authority and one selected tenderer, under which the contracting authority will be provided scalable cloud computing services, i.e. provision of scalable computing power, disk capacity and other applications as services in the manner allowing for a remote access via Internet, hereinafter the "services". The services shall be provided in accordance with the minimum technical specifications attached as the Attachment No. [●] to this tender documentation (the "technical specifications“) and other requirements determined in this tender documentation.
Licenses authorizing the users (contracting authority´s employees) to access the licensed products provided as the services are a part of performance.
Subject matter of the public contract further includes free provision of data accessibility for the contracting authority for the period of at least 3 months after the expiry of the term of the agreement and for the possibility to download the same in that period.
In case that any specific business names are contained in the tender documentation or its attachments, it is only by way of definition of the required standard and the contracting authority allows for another solution comparable in terms of technical parameters and quality.
2.2 Scope of Subject Matter of Public Contract
a) Estimated scope
The contracting authority expects performance of the provision of the services listed in the technical specification (Table 1 and Table 2) within the following maximum scope:
A / B / CService / Measurement unit / Number of units
Windows Server 2012 R2 Datacenter, •8 cores, 28 GB, 400 GB local SSD cache, Load Balancing, Automatic reaction to performance request / Use for 1 hour / 630
Windows Server 2012 R2 Datacenter, 8 cores, 28 GB, 400 GB local SSD cache, Load Balancing, Automatic reaction to RAM performance request / Use for 1 hour / 50
Oracle Linux 7, 2 cores, 3,5 GB RAM, Load Balancing, Automatic reaction to performance request / Use for 1 hour / 200
Windows Server 2008 R2 SP1, 1 core, 1,75 GB RAM / Use for 1 hour / 150
Microsoft SQL Server 2014 Enterprise, 8 cores, 14 GB, Load Balancing, Automatic reaction to performance request / Use for 1 hour / 100
Disk space with geo-redundancy / Use of 1 TB for 1 month / 600
Unified identity service (Active Directory) / 1 user for 1 month / 800
Non-relation database with defined performance (DocumentDB) / Use of 1 TB for 1 month / 1200
Virtual network between cloud and contracting authority´s own IT / Use 1 piece/hour / 100
Administrator training / man-day / 2
Consultations upon the contracting authority´s request / man-day / 2
Data migration from virtual server / One-off performance in the full and unlimited scope of stored data
b) Contracting authority´s right of option
The provider reserves the right of option in the meaning of Section 99 PCA for the provision of services listed in the technical specification (Table 1) but not included in Article 2.2 (a) of the tender documentation. The contracting authority will have the right to use these services in the maximum possible extent permitted by the law, in accordance with Section 99 (3) PCA.
The contracting authority is not obliged to use up the full estimated scope of the public contract as specified above. Payment for performance will be made only to the extent of actually ordered services.
2.3 Classification of Subject matter of Public Contract (CPV)
The code of the subject of the public contract based on the Common Procurement Vocabulary (CPV) is:
Information technologies 72000000-5
Data services 72300000-8
Data storage 72317000-0
2.4 Tenderer´s Liability for its Performance
Before filing a bid, the tenderer is obliged to become acquainted with all generally applicable laws and effective standards related to the subject of performance of the public contract and arrange for compliance of its performance of the public contract.
The tenderer shall make sure that the performance of the public contract meets the requirements for confidentiality, integrity and accessibility of the processed information as provided in the Act on Public Administration Information Systems, Act No. 365/2000 Coll., as amended, and the executive Decree No. 529/2006 Coll., issued by the Ministry of Information Technologies. The tenderer will namely provide for compliance of the performance of the public contract with the principles and procedures described in the contracting authority´s information policy published and available at [●].
The tenderer shall also make sure that the provided performance enables the contracting authority to satisfy any and all requirements provided by the Act on Cybersecurity, Act No.181/2014 Coll., and the related decree no. 316/2014 Coll., issued by the National Security Authority.
The tenderer hereby acknowledges that personal data will be processed within the scope of performance of the public contract. In this respect, the tenderer undertakes to sign data processing agreement with the contracting authority together with its signature of the agreement. The tenderer shall make sure that the provided performance meets any and all requirements provided by the Personal Data Protection Act, Act No. 101/2000 Coll., as amended.
The contracting authority´s requirements for the subject matter of its performance are specified in detail in the technical specification.
2.5 Attachments to Tender Documentation
The contracting authority determines that the following attachments form an integral part of this tender documentation:
- Attachment [●]: Solemn Declaration Form Required by Contracting Authority
- Attachment [●]: Technical Specifications
- Attachment [●]: Requirements for Binding Agreement Proposal
- Attachment [●]: Requirements for Binding Data Processing Agreement Proposal
- Attachment [●]: Bid Cover Sheet
- Attachment [●]: Application Form for Additional Information
3 ESTIMATED VALUE OF THE PUBLIC CONTRACT
The estimated value of the public contract amounts to CZK [●] excluding VAT.
The estimated value of the public contract was determined in accordance with the provisions of Section 14(1) (a) and 15 PCA as an estimated total amount payable by the contracting authority to the contractor during the term of the agreement based on performance of the public contract, considering the expected scope of services stipulated in Article 2.2 of this tender documentation.
The estimated value of the performance based on the right of option in accordance with Article 2.2 b) of the tender documentation amounts to CZK [●] excluding VAT.
4 TERM AND PLACE OF PUBLIC CONTRACT PERFORMANCE
4.1 Estimated Term of Performance
The agreement will be entered into for the term of 4 years from the date of signature or until the estimated value of the public contract as specified in Article 3 of the tender documentation is used up, whichever occurs earlier.
Performance will commence within 5 days from signature of the agreement at the latest. The contracting authority requests provision of the performance pursuant to executive agreements within the deadlines specified in Table 1 of the technical documentation, at the latest.
4.2 Place of Public Contract Performance
The place of performance is the Czech Republic.
5 CONTRACTORS´ QUALIFICATION
5.1 A contractor qualified for performance of the public contract is a contractor that
5.1.1 Meets the essential qualification prerequisites as provided in clause 6.2 of this tender documentation,
5.1.2 Meets the professional qualification prerequisites as provided in clause 6.3 of this tender documentation,
5.1.3 Meets the technical qualification prerequisites as provided in clause 6.4 of this tender documentation, and
5.1.4 Submits a solemn declaration concerning its economic and financial competencies to perform the public contract.
5.2 Essential Qualification Prerequisites Pursuant to Section 53(3) PCA
5.2.1 The essential qualification prerequisites are met by a contractor that submits:
a) A transcript from the Criminal Records Register or another corresponding document, not older than 90 days, evidencing that the contractor has not been finally convicted of a criminal offence committed for the benefit of an organized crime group, of a criminal offence of participation in an organized crime group, legalization of proceeds of criminal activity, sharing, taking bribes, bribery, indirect corruption, fraud, loan fraud, including the cases involving preparation for and attempts of or complicity in such criminal offence, or if the conviction on committing such criminal offence has been expunged; the tenderer shall submit a transcript from the Criminal Records Register in the case of a legal person for all statutory bodies (such as a limited liability company) or for each member of the statutory body (such as a joint stock company), and where a legal person acts as a statutory body or a member of the statutory body of the tenderer, the tenderer shall submit a transcript from the Criminal Records Register for the statutory body or for each member of the statutory body of such legal entity. If a bid is filed by a foreign legal entity through its branch, the tenderer shall submit a transcript from the Criminal Records Register for the branch manager and for the statutory body or for each member of the statutory body of such foreign legal entity.
b) A transcript from the Criminal Records Register or another corresponding document, not older than 90 days evidencing that the contractor has not been finally convicted of a criminal offence, where the facts of the case are related to the tenderer´s subject of business under special laws or where the conviction on committing such criminal offence has been expunged; the tenderer shall submit a transcript from the Criminal Records Register in the case of a legal person for all statutory bodies (such as a limited liability company) or each member of the statutory body (such as a joint stock company), and where a legal person acts as a statutory body or a member of the statutory body of the tenderer, the tenderer shall submit a transcript from the Criminal Records Register for the statutory body or for each member of the statutory body of such legal entity. If a bid is filed by a foreign legal entity through its branch, the tenderer shall submit a transcript from the Criminal Records Register for the branch manager and for the statutory body or for each member of the statutory body of such foreign legal entity.
c) A confirmation by the competent financial office evidencing that the contractor has no outstanding tax arrears registered in tax records, both in the Czech Republic and in the country of registered office, place of business or residence of the contractor.
d) A confirmation by the competent financial office evidencing that the contractor has no outstanding arrears in respect of payments and penalties of the social security insurance and contribution to the state employment policy, both in the Czech Republic and in the country of registered office, place of business or residence of the contractor.
5.3 Professional Qualification Prerequisites Pursuant to Section 54(a) and (d) PCA
A contractor that submits an abstract from the Commercial Register or another register where the contractor is entered meets the professional qualification prerequisites.
5.4 Technical Qualification Prerequisites Pursuant to Section 56(2) PCA
To prove the satisfaction of technical qualification prerequisites, the contracting authority requests submission of the following documents:
The technical qualification prerequisites pursuant to Section 56(2) PCA are met by a contractor that submits:
a) A list of significant services in the field of virtual server implementation and operation provided by the contractor within the past 3 years, under the conditions below:
Scope of required information and documents:
The list of significant services must include an information about the customer, specification of the scope, period and place of performance.
Satisfaction of these qualification prerequisites must be proved in the following manner:
The contractor shall submit the list of significant services in its tender in a form of a solemn declaration. The following attachments must be attached to the solemn declaration:
1. A certificate issued by a public contracting authority, if services were provided to a public contracting authority, or
2. A certificate issued by another person, if services were provided to a person other than a public contracting authority, or
3. A contract with another person and evidence that the contractor´s performance was actually effected, if the certificate under point 2 may not be obtained from such person from the reasons on the person´s side.
Minimum level of these qualification prerequisites:
To prove the satisfaction of this qualification prerequisite, the contractor shall submit a list of significant services, and the minimum level is satisfied by a contractor that:
1. Provided at least 5 significant services in the field of implementation and operation of cloud computing services, each in the value of at least CZK [●], and