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Section I: Contracting authority
Office for Harmonization in the Internal Market (OHIM)
Avenida de Europa, 4
03008 Alicante (Alicante)
Fax: +34 965138500
General address of the contracting authority: https://oami.europa.eu/ohimportal/en/public-procurement
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
European institution/agency or international organisation
General public services
The contracting authority is purchasing on behalf of other contracting authorities: no
Section II: Object of the contract
Provision of e-learning modules.
Service category No 7: Computer and related services
Main site or location of works, place of delivery or of performance: Avenida de Europa, 4, 03008 Alicante (Alicante), SPAIN.
NUTS code ES521
The notice involves the establishment of a framework agreement
Duration of the framework agreement
Duration in years: 4
Estimated total value of purchases for the entire duration of the framework agreement
Estimated value excluding VAT: 600 000 EUR
The subject matter of this call for tender is to identify the most suitable provider for designing and creating e-learning modules to be hosted in the learning management system which is called ‘OHIM Academy Learning Portal’ (OALP) and the post-production of videos following recorded events organised by the Office. The contract will cover the development/acquisition of e-learning products, catering to different needs and/or audiences, in different ways:
1. development of tailor-made modules (or update of existing ones) to explain different IT tools, internal processes and any other kind of knowledge that might need to be disseminated;
2. development of tailor-made modules (or update of existing ones) to explain different aspects of the intellectual property knowledge;
3. maintenance of the products explained in points 1 and 2;
4. changes in the design, branding and look and feel of the ‘OHIM Academy Learning Portal';
5. post-production of videos following recorded events organised by the OHIM, to be hosted on the OALP;
6. (option) acquisition of e-learning products from external providers’ catalogues.
80420000, 72000000, 92100000
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.9)Information about variants
II.2)Quantity or scope of the contract
Estimated value excluding VAT: 600 000 EUR
Description of these options: Acquisition of e-learning products from external providers’ catalogues.
This contract is subject to renewal: no
Duration in months: 48 (from the award of the contract)
Section III: Legal, economic, financial and technical information
III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions
III.2)Conditions for participation
Information and formalities necessary for evaluating if the requirements are met: Tenderers shall be excluded from this invitation to tender where:
a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
b) they or persons having powers of representation, decision-making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of ‘res judicata';
c) they have been guilty of grave professional misconduct proven by any means which the contracting authorities can justify including by decisions of the European Investment Bank and international organisations;
d) they are not in compliance with their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;
e) they or persons having powers of representation, decision-making or control over them have been the subject of a judgment which has the force of ‘res judicata’ for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union’s financial interests;
f) they are currently subject to an administrative penalty referred to in Article 109(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012 on the financial rules applicable to the general budget of the Union;
g) they are subject to a conflict of interests.
h) they are guilty of misrepresenting the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply that information.
Information and formalities necessary for evaluating if the requirements are met: In order to prove that the tenderer has sufficient economic and financial capacity to perform the framework contract, the following documentation must be presented:
— solvency bank certificates of the company,
— certified financial statements and audit reports for the last 3 financial years for which accounts have been closed, or equivalent documentation (e.g. where company law in the country in which the tenderer is established does not require publication of a balance sheet),
— a statement of overall turnover during the last 3 financial years,
— if the tenderer relies on the capacities of other entities, a written undertaking on the part of those entities confirming that they will place the resources necessary for performance of the contract at the disposal of the tenderer is required.
Minimum level(s) of standards possibly required: A minimum cumulative company turnover of 450 000 EUR during the last 3 years for which accounts have been closed is required.
Information and formalities necessary for evaluating if the requirements are met:
Tenderers must present the following documentation:
— presentation of the company (history, activities, etc.),
— the educational and professional qualifications of the service provider or contractor and/or those of the company’s managerial staff,
— list of relevant projects carried out in the last 3 years, with the sums, dates and place. The list of the most important projects shall be accompanied by certificates of satisfactory execution, specifying whether they have been carried out in a professional manner and have been fully completed,
— a statement of the average annual manpower and the number of managerial staff of the service provider in the last 3 years,
— quality management certification — certificate(s) issued by institutions or official services recognised as competent in quality control and/or verification of compliance with standards applicable, certifying in particular that the tenderer possesses quality assurance certification for the type of services covered by this invitation to tender (ISO 9001 or equivalent),
— a clear statement certifying that the company can provide at least 2 people to support each of the profiles that meet the minimum requirements specified necessary to support the development for services. The same person(s) cannot be proposed for different profiles,
— recent proof of inclusion in a professional register,
— declaration certifying that, if awarded the framework contract, and if the services will be performed on Spanish territory, the tenderer undertakes to comply with Spanish legislation on health and safety at work.
Minimum level(s) of standards possibly required:
A minimum cumulative turnover of 150 000 EUR related to relevant projects carried out during the last 3 years, for which accounts have been closed, is required. Supporting documents (i.e. copies of invoices) must be provided.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service
Section IV: Procedure
IV.1)Type of procedure
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
Any EU official language
Duration in months: 9 (from the date stated for receipt of tender)
OHIM, Avenida de Europa, 4, 03008 Alicante (Alicante), SPAIN.
Persons authorised to be present at the opening of tenders: yes
Additional information about authorised persons and opening procedure: Each tenderer may send up to 2 representatives. The Office should be informed by fax on +34 965138500 or by e-mail to email@example.com of the names and identity document numbers of the visitors before 18.7.2014.
Section VI: Complementary information
VI.1)Information about recurrence
VI.2)Information about European Union funds
The purpose of this call for tender is to award a framework contract for an initial duration of 1 year, renewable 3 times for a period of 1 year each, with a maximum duration of 4 years in total.
The tender documents will be available for download at the address indicated under heading I.1. The website will be updated regularly and it is the tenderers’ responsibility to check for updates, modifications or answers to questions during the tendering period.
VI.4)Procedures for appeal
rue de la Loi 200
Telephone: +32 22991111
Precise information on deadline(s) for lodging appeals: In accordance with Article 122 of Council Regulation (EC) No 207/2009 of 26.2.2009 (ex. Article 118 of Council Regulation (EC) No 40/94 of 20.12.1993) on the Community trade mark: ‘Referral shall be made to the Commission within 1 month of the day on which the party concerned first became aware of the act in question’.
VI.4.3)Service from which information about the lodging of appeals may be obtained
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