Second round of clarifications regarding supply contract

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SECOND ROUND OF CLARIFICATIONS  REGARDING SUPPLY CONTRACT

SUPPLY OF EQUIPMENT FOR THE REGIONAL FISHERIES MONITORING, CONTROL AND SURVEILLANCE CENTRE (RC MCS) TO THE EUROPEAN UNION FUNDED PROJECT FCWC-PESCAO

Fisheries Committee for the West Central Gulf of Guinea (FCWC)
Tema, Ghana

PUBLICATION REFERENCE: N° 004/CTR-2018/FCWC-PESCAO

ID REQUEST FOR CLARIFICATION CLARIFICATION
1 Can you please confirm where the core hardware infrastructure of the Fisheries Monitoring system including the servers and database must be hosted? According to point 3 of Technical Specifications in the Tender Dossier “The system will be hosted at the FCWC offices at Tema, Ghana”
 
2 May it be in the supplier’s premises with a secure cloud access from Tema? No. According to point 3 of Technical Specifications in the Tender Dossier “The system will be hosted at the FCWC offices at Tema, Ghana”
3 Do you expect the contractor to provide an AIS feed? Yes, the Contractor is required to provide the AIS feed for the system, and ensure full AIS coverage (both Terrestrial and SAT) for all of the waters of the FCWC MS’s, with an additional buffer of 100 nm into adjacent waters.
4 Can you please confirm that the AIS feed merged in the system concerns the whole industrial fishing fleet of FCWC members?
 
Annex II + III: Technical Specifications + Technical Offer, Installation and Licenses, Item No. 17 refers:
“The system will automatically receive, integrate and display AIS data – message types 1, 2, 3, 5, 14, 18, 19, and 24 (Class A and Class B), both terrestrial and satellite, and merge them into a unique AIS track for a particular vessel.”
The AIS data will be for all vessels and not just the relevant industrial fishing fleets of FCWC members.
5 Related to item 94 of the technical specifications, can you please confirm what kind of communication costs must be covered by the contractor? The communication costs will include the 3-year annual costs of internet and telecommunication facilities required to exchange/transfer data between systems, as well as the transmission of alert and all other costs associated with the operation of the RC MCS, except the vessels CSP airtime costs.
In addition, it will also include any costs associated with the provision of a VPN service, should the bidder include such service in its solution.
6 Can you provide me with an indication of budget which is allocated to this tender? In accordance with the procedures of this tender, we will not be publishing the budget
7 Article 10.1 of Special Conditions requires that all goods must be produced or manufactured in a Member State of the European Union. Considering that almost all laptops/servers/large screens manufacturers able to provide a guarantee in the FCWC area manufacture their product outside the European Union, would it be possible to reduce the requirement in relation to the origin of the products and to accept IT goods manufactured outside of European Union’s area? We are unable to reduce the requirement. However, this tender is not limited to European Member states only but also, ACP states, Member states of the European Economic Area, Overseas countries and Territories, countries in the OECD-DAC list of ODA recipients, etc. Reference is made to Annex a2a of the Procurement and Grants for European Union external actions: http://www.govt.lc/media.govt.lc/www/Vacancies/Tenders/a2a-ecprogrammes-eligibility2014-2020-en-.docx
8 Does the offer need to include to following equipment for the datacenter?
  • Servers
  • UPS
  • Network switch
  • Firewall
  • KVM
  • Rack
 
It is a matter for the Contractor to determine the equipment needs based on the overall Specification of Requirements and in particular the following:
Annex II + III: Technical Specifications + Technical Offer, Scalability/Adaptability/Reliance, Item No. 1 refers:
“The system must be designed in such a way as to make it capable of modification to accommodate changes in communication technology, database/workstation design and functionality and data storage capacity.”
Annex II + III: Technical Specifications + Technical Offer, Scalability/Adaptability/Reliance, Item No. 2 refers:
“The RC MCS solution must provide assurance that the architecture in terms of hardware, software and communications components is sufficiently current and resilient to provide the required quality and continuity of service through the life of the solution.”
9 If the answer to 1) is negative, what is/will be the servers features (brand, model, number and model of processors, available RAM, available disk space) It is a matter for the Contractor to determine the equipment needs based on the overall Specification of Requirements and the particular sections outlined above in the previous answer
10 Is the specification of the Webservice for the reception of vessel data from the Member States or Third Country available? It is a matter for the Contractor to determine the specification of the Web services, or an alternative agreed protocol, required for the automatic reception of vessel data from the Member States or Third Country. The contractor must ensure that it satisfies the overall Specification of Requirements and in particular the vessel details as contained in Item No. 27
11 Article 32.7 of the Special conditions states that “The warranty must remain valid for a five (03) years period after provisional acceptance.” Can you please confirm that the word “five” is wrong and the correct duration of the warranty has to be “three” years? The applicable warranty for this system is three (3) years
12 Last year I read a clarification 1 and one bidder asked about eligibility if a legal entity from a member state of OECD is able to entry. And we found the answer was yes, and it added bidders can refer to A2a documents to find detail grounds. We would like to check this A2a document has still effectiveness for this VMS Supply contract with FCWC.  Yes, the A2a document is applicable to this tender
13 And if one of the OECD member state, but not EU nor ACP member, is still eligible to bid, then might there be any qualification problem when goods are delivered from outside of Europe such as South Korea or Japan? Will the Customs Code (Council Regulation (EEC) No 2913/92) apply to this case as well? We are unable to reduce the requirement. However, this tender is not limited to European Member states only but also, ACP states, Member states of the European Economic Area, Overseas countries and Territories, countries in the OECD-DAC list of ODA recipients, etc. Reference is made to Annex a2a of the Procurement and Grants for European Union external actions: http://www.govt.lc/media.govt.lc/www/Vacancies/Tenders/a2a-ecprogrammes-eligibility2014-2020-en-.docx
14 Please confirm that every goods even hardware have to be originated from EU or relevant territories.
15 Can we interpret that this tender include goods (service/system) originating from the member state of the OECD?
16 Can a member state of the OECD participate in this tender?
17 Can a member state of the OECD participate in this tender?
18 Can we interpret that this tender include goods (service/system) originating from the member state of the OECD?
19 You state in instructions to tenderers section 3.6 you state:
"When selecting subcontractors, suppliers should give preference to natural persons, companies or firms of ACP States capable of providing the supplies required on similar terms."
Further in instructions to tenderers section 4.1 you state:
"Unless otherwise provided in the contract or below, all goods purchased under the contract must originate in a Member State of the European Union or in a country or territory of the regions covered and/or authorised by the specific instruments applicable to the programme specified in clause 3.1 above. For these purposes, 'origin' means the place where the goods are mined, grown, produced or manufactured and/or from which services are provided. The origin of the goods must be determined according to the relevant international agreements (notably WTO agreements), which are reflected in EU legislation on rules of origin for customs purposes: the Customs Code (Council Regulation (EEC) No 2913/92) in particular its Articles 22 to 246 thereof, and the Code's implementing provisions (Commission Regulation (EEC) No 2454/93. Goods originating in the EU include goods originating in the Overseas Countries and Territories."
The two requirements seems to be mutually exclusive, would you prefer a local (Ghana) hardware provider or hardware that has an origin in a Member State of the European Union or in a country or territory of the regions covered?
20 When the tenderer submits the proposal, should the tenderer request to the Contracting Authority for the authorisation to subcontract? With reference to Special Conditions of the Tender Dossier, Article 6.3 states “When selecting subcontractors, the Contractor must give preference to natural persons or companies from ACP States capable of implementing the tasks required on similar terms”. This is a supporting statement to preliminary statements made in Article 6 of the General Conditions of Contract
21 In case a tenderer is of legal entity, "c403_lefcompany" seems to be the more appropriate format but RFP only states "c402_lefind_en". What document format should be used? Please clarify.  The document “c403_lefcompany” has been provided in the tender dossier. It should be used if applicable to your context
22 What Euro Exchange rate should tenderer use for this tender? Reference made to Instruction to Tenderers point 6 “Tenders must be presented in Euro”
23 In the RFP, it states to "Insert Form a.15. However there is no Form a.15. Would this be a typo and instead mean Form a.14? Please clarify.  This is an error. The document being referred to is A.14
24 We have considered giving preference first and foremost in choosing a subcontractor from ACP States but have not been able to find one. We therefore would like to designate a Korean subcontractor and we request clarification on whether this is possible With reference to Special Conditions of the Tender Dossier, Article 6.3 states “When selecting subcontractors, the Contractor must give preference to natural persons or companies from ACP States capable of implementing the tasks required on similar terms”
Reference is made to Annex a2a of the Procurement and Grants for European Union external actions: http://www.govt.lc/media.govt.lc/www/Vacancies/Tenders/a2a-ecprogrammes-eligibility2014-2020-en-.docx
25 Can we insert the name of our own authorized person for PoA? Part 3 of the Instructions to Bidders states “Duly authorised signature: an official document (statutes, power of attorney, notary statement, etc.) proving that the person who signs on behalf of the company, joint venture or consortium is duly authorised to do so”.
26 What is meant by "other entities"? Would these mean subcontractors and/or consortium members?  Yes, other entities refers to subcontractors and/or consortium members
27 Does the existing system provide data in FLUX format? With reference to Point 12 of Technical Specifications (Annex II+III) states “The RC MCS must also be capable of receiving and processing data received via FLUX (Fisheries Language for Universal eXchange) protocol”
28 Please make sure that NFMC (National Fisheries Monitoring Centre) provides information in FLUX standard formats. The FCWC in association with the relevant Member State or Third Country will determine the formats and communication protocols for the exchange of data. The contractor will ensure that the system can respond, in accordance with the Specification of Requirements
29 Should the tenderer interpret the requirement as "the RC MCS system should NOT store information about the specific fishing vessels associated", only real time transaction is allowed? Annex II + III: Technical Specifications + Technical Offer, Communications, Item No. 13 refers:
“In the case of data forwarded from Communication Service Providers (CSP’s) for specific fishing vessels, the data should be sent in real time (i.e. not stored or batched in any way) using secure technology such as secure IP delivery using encryption.”
This a communication requirement relating to the transmission of data from the CSP’s in real time. The references to ‘storing’ or ‘batching’, in this requirement, apply to the interruption in real time transmission.
  “Store” in this instance refers to delays in transmission
30 Should a tenderer pay AIS Feed cost? If so, should we cope with expense of warranty period (3 years)? With reference to Point 94 of Technical Specifications (Annex III) states “The contractor will cover all communications costs associated with the operation of the RC MCS, except the vessels CSP airtime costs”.
Yes, the expense for the full 3-year period should be covered by the tenderer



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