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Version January 2019

EMA/85914/2019
Deputy Executive Director Office

Technical specifications for open invitation to tender


Procurement procedure Security Services EMA/2019/06/DED

Table of contents
1. Title of the invitation to tender ................................................................ 3
2. Purpose and context of the invitation to tender ...................................... 3
3. Subject of the tender ............................................................................... 5
3.1. Technical specifications: ........................................................................................ 5
3.1.1. Requirements for man guarding services .............................................................. 5
3.1.2. Technical Surveillance Counter Measures (TSCM) ................................................ 16
3.1.3. Security scanning equipment rental ................................................................... 19
3.1.4. Provision of security consumables and equipment ................................................ 19
3.2. Vetting .............................................................................................................. 22
3.3. Minimum requirements to be met by the tender ..................................................... 23

4. Participation in the tender ..................................................................... 24


4.1. Agreements on public procurement ...................................................................... 24
4.2. Subcontracting ................................................................................................... 24

5. Additional documentation available to tenderers .................................. 24


6. Site presentation ................................................................................... 24
7. Variants (Not applicable) ...................................................................... 25
8. Estimated contract volume .................................................................... 25
9. Price ...................................................................................................... 25
9.1. Currency of tender ............................................................................................. 25
9.2. All-inclusive prices .............................................................................................. 25
9.3. Price revision ..................................................................................................... 25
9.4. Costs involved in preparing and submitting a tender ............................................... 26
9.5. Period of validity of the tender ............................................................................. 26
9.6. Protocol on the Privileges and Immunities of the European Union ............................. 26

Official address Domenico Scarlattilaan 6 ● 1083 HS Amsterdam ● The Netherlands


Address for visits and deliveries Refer to www.ema.europa.eu/how-to-find-us
Send us a question Go to www.ema.europa.eu/contact Telephone +31 (0)88 781 6000 An agency of the European Union

© European Medicines Agency, 2019. Reproduction is authorised provided the source is acknowledged.
10. Payment arrangements ....................................................................... 26
11. Contractual details .............................................................................. 27
12. Exclusion criteria ................................................................................. 28
13. Selection criteria: legal and regulatory capacity .................................. 29
13.1. Requirement: ................................................................................................... 29
13.2. Evidence required: ............................................................................................ 29
14. Selection criteria: financial and economic capacity.............................. 29
14.1. Requirement: ................................................................................................... 29
14.2 Evidence required: ......................................................................................... 29

15. Selection criteria: technical and professional capacity ........................ 31


15.1. Requirements: ................................................................................................. 31
15.2. Evidence required: ............................................................................................ 31

16. Award criteria...................................................................................... 32


16.1. Qualitative award criteria................................................................................... 32
16.2. Price ............................................................................................................... 35
16.3. Total points for award criteria ............................................................................ 37

17. Tender to be submitted ....................................................................... 37

Annex I A completed tenderer information sheet and declaration on tender submission


Annex II Costing sheet
Annex III Declaration of honour on exclusion and selection criteria
Annex IV Minimum technical requirements declaration
Annex V Subcontractors
Annex VI Checklist of documents which tenderers must submit
Annex VII Draft contract
Annex VIII Contractor Guidelines on Health and Safety Information
Annex IX Declaration on health and safety
Annex X Draft Service Level Agreement and Key Performance Indicators
Annex XI Agency’s public holidays
Annex XII Public Declaration of Interests and Confidentiality Undertaking

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Technical specifications for open invitation to tender
No. EMA/2019/06/DED Security Services

1. Title of the invitation to tender


This document contains the technical specifications for the open invitation to tender no.
EMA/2019/06/DED for Security Services.

2. Purpose and context of the invitation to tender


The European Medicines Agency (“the Agency” or “EMA”) is a decentralised agency of the European
Union (EU) temporarily based in Sloterdijk, but with definitive location in Zuidas area of Amsterdam
(1083 HS ) from approximately the first quarter 2020.

The scope of this procurement on Security Services pertains to the provision of services at the EMA’s
permanent building at the Zuidas (not the temporary building in the Sloterdijk area).

For UK candidates or tenderers:

Please be aware that after the UK’s withdrawal from the EU, the rules of access to EU procurement
procedures of economic operators established in third countries will apply to candidates or
tenderers from the UK depending on the outcome of the negotiations. In case such access is not
provided by legal provisions in force candidates or tenderers from the UK could be rejected from
the procurement procedure.

EMA’s mission is the protection and promotion of public and animal health, through the evaluation and
supervision of medicines for human and veterinary use.

EMA:

 Supports medicines development by giving scientific advice and providing guidance to developers
of medicines;

 carries out robust scientific evaluations of medicines for human and veterinary use that are the
basis of the European Commission’s decision on whether a medicine can be authorised for
marketing throughout the EU;

 monitors the safety of medicines in the EU throughout their lifespan; and

 provides information on medicines to healthcare professionals and patients.

EMA is responsible for the centralised procedure for the authorisation of medicines resulting in a single
evaluation and a single authorisation for the whole of the EU. The centralised procedure is compulsory
for certain medicines, including human medicines intended for the treatment of HIV/AIDS, cancer,
diabetes or neurodegenerative diseases, designated orphan medicines intended for the treatment of
rare diseases, and medicines derived from genes, cells, tissue-engineering and biotechnology
processes.

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EMA coordinates the work of around 4,500 experts made available by the EU Member States. These
experts evaluate the medicines and are members of the Agency’s scientific committees, its working
parties and groups.

The Agency’s recommendations on medicines are based on rigorous scientific standards and the
available evidence. Pharmaceutical companies applying for a marketing authorisation for a medicine
have to submit comprehensive data on the safety, efficacy and quality of their medicine. These data
are scrutinised by the Agency’s experts, who will recommend the marketing authorisation of a
medicine if the data convincingly show that its benefits outweigh its risks.

EMA is a scientific body. Decisions on whether to grant, suspend or revoke a marketing authorisation
for centrally authorised medicines are issued by the European Commission, based on the Agency’s
scientific opinions. Once granted by the European Commission, the centralised marketing authorisation
is valid in all EU and EEA-EFTA states (Iceland, Liechtenstein and Norway). This allows the marketing
authorisation holder to market the medicine and make it available to patients and healthcare
professionals throughout the EEA.

It is envisaged that the Agency will start its operations at the permanent premises in the first quarter
of 2020, which is located on Domenico Scarlattilaan 6, 1083 HS, Amsterdam. The building will be 18
floors (81 meters) high, have a usable working area of approximately 31,000 m2 and a large
conference centre spread over three floors. A car park facility adjacent to the building will be delivered
at a later stage. It is envisaged that the car park will be functional by the end of 2022 and EMA may
need additional security guards for this facility.

The Agency wishes to enter into a contract with an experienced security provider to deliver man-
guarding services and other security related services, in order to ensure the security and safety of its
headquarters, staff, visitors, operations and information enabling it to fulfil its mandate.

Purchase and/or maintenance of security and access control systems are outside the scope of this
tender.

The building layout is as follows:

Floor Usage of floor

Ground Entrance Reception, Industry lounge, Loading bay, Storage room,


Conference rooms
1 Conference rooms
2 Conference rooms, Restaurant
3 Coffee bar, terrace, offices, Delegates lounge
4-17 Offices, internal meeting rooms
18 Sky bar, offices, internal meeting rooms

The Agency organises a large number of meetings, welcoming approximately 40,000 delegates and
visitors a year. The Agency also organises public hearings throughout the year in order to give EU
citizens a voice in the evaluation of the safety of medicines and empower them to express their views
on issues related to the safety of certain medicines and the management of risks. During these
hearings, members of the public are invited at the Agency’s premises to express their experience and
contribute to the review of a particular medicine.

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3. Subject of the tender

3.1. Technical specifications:

The Agency considers that it will require the provision of a various range of security services, such as:

 Man guarding: protective security to EMA building, staff, information, equipment and
operations;

 Provision of Technical Surveillance Counter Measures (TSCM);

 Provision of security consumables and equipment (e.g. card readers, card printers);

 Provision of security scanning equipment on a rental basis, when needed.

In particular, it is required that the tenderer will provide security staff to ensure that all the duties as
described in this call for tender are carried out accordingly and that Agency’s building, staff,
information and operations are secure 24 hours a day, 7 days a week under any circumstances.

All services provided by the contractor’s on-site staff will be under the full management and
supervision of the contractor.

3.1.1. Requirements for man guarding services

General requirements

The Agency needs a team of security guards to carry out traditional protective security tasks such as
access control, patrols, X-ray mail and luggage scan (using the X-ray scanner Rapiscan 618 XR or
similar, provided by the Agency), escorts, protection of assets (people, equipment and information)
and related administrative jobs.

Man guarding services must be provided on site on a permanent basis, including holidays and
weekends (24 hours a day, 7 days a week). The Agency estimates that these services consist of:

 One shift supervisor shall be permanently available on site at EMA 24 hours a day, 7 days a
week;

 During Agency’s working days from Monday to Friday, 9 security guards shall be permanently
available on site at EMA during the day shift from 07:00 CET until 18:00 CET, including a
Security Control Room operator;

 During Agency’s working days from Monday to Friday, 3 security guards shall be permanently
available on site at EMA from 18:00 CET until 00:00 CET during the evening shift, including a
Security Control Room operator;

 During Agency’s working days from Monday to Friday, 2 security guards shall be permanently
available on site at EMA between 00:00 CET and 7.00 CET (during the night shift), including a
Security Control Room operator;

 Two security guards shall be permanently available on site at EMA during weekends and the
Agency’s public holidays, including a Security Control Room operator;

 An operational security team manager should also be available on site at EMA during Agency’s
working days for an 8 hour shift, within the 08.00 CET until 18.00CET timeframe.

The Agency reserves the right to increase or decrease the required number of service hours for the
individual profiles listed above and to accordingly change the man guarding schedule in comparison

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with the above estimates, subject to its actual operational needs. The Agency will give a minimum of
one month notice to the contractor for any changes in the required ongoing man guarding services.

In addition to the ongoing daily security services to be provided, throughout the performance of the
contract and in cases where external events are organized, the Agency may request the provision of
additional security services on an ad-hoc basis. Depending on the security situation and the sensitivity
of the event, the Agency may require additional 4 to 8 security guards per event, in around 4 to 6
events, such as public hearings, per year.

All Contractor’s personnel must:

 Be physically fit to perform the requested duties;

 Display excellent appearance and presentation;

 Comply with the security and safety rules as set up by the Agency for all staff and contractors
working in its premises;

 Have at least secondary level education proven by a certificate;

 The contractor’s staff deployed at the Agency will be requested to sign a confidentiality
undertaking agreement and may also be requested to sign a declaration of interests (Annex
XII) in relation with any connection of persons working within the contract with pharmaceutical
industry.

Appearance and uniforms

Cleanliness and neatness are basic requirements for all officers and members of the security
department. Neatness in appearance calls for properly cut, well-groomed hair, clean fingernails and
hands, and presentable uniforms.

The contractor must ensure that all its staff on duty at the Agency will be provided with a sufficient
quantity of tailored clothing to enable them to always work in a properly maintained, clean uniform.
The uniform clothing shall enable clear distinction from all other persons within the Agency premises,
but logos or company branding are not allowed. The uniform must be of good quality and the Agency
must be consulted about its design before implementing the contract.

The contractor should ensure that uniforms and shoes are always presented clean and at best
standard.

The contractor shall also provide its personnel with an identification tag, displaying the name of the
individual.

Equipment

The contractor shall provide the guards with portable means of communications (covering the whole
Agency building and grounds), flashlights and all necessary equipment to properly perform their
functions, including batteries, torches, etc. The cost of this equipment shall not be separately charged
to the Agency as it is to be included in the applicable rates for security man guarding services.

Other conditions

The Agency reserves the right to interview any new security guard, supervisor or operational
contract manager deployed within the contract and provide its opinion to the contractor after the
interview. The Agency reserves the right to test the competences listed in the profiles description
before and during the engagement of each contactor’s staff member being assigned to work at the
Agency in order to ensure that best security services are provided. The test might be based on

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standard professional test or could be custom made specifically for the Agency security services. If
this would be requested, the test will be reviewed and agreed upon with the operational manager.

The contractor should endeavour to keep turnover levels at a minimum during the entire duration
of the contract. Besides, 85% of the all team members allocated to this contract to perform on-
going daily man guarding services (excluding the additional ad-hoc security guards) shall
exclusively deliver their service at the Agency. The contractor shall comply with all applicable
national and EU legislation. The number of working hours and the lunch breaks must be scheduled
in accordance with the applicable national regulations.

As the working language of the Agency is English, all communication between the contractor and the
Agency shall be carried out in English.

3.1.1.1. Security guard’s tasks and profile

Security guards shall perform man guarding related services and carry out duties at Agency’s
premises, in compliance with the Agency’s Security Policy, Guidelines, Procedures, Emergency Plan and
other regulations which will be made available to the successful tenderer after the contract signature.

The main responsibility of a security guard is to secure and safeguard Agency’s staff, contractors,
delegates and other visitors, property, information and operations in an efficient and effective way by:

 Continuously executing preventive security and proactive monitoring, as well as noticing


different behaviours and acting during undesirable behaviour;

 Performing duties concerning access control and screening, issuing access cards after
identification verification, ensuring that staff and visitors only access specifically allowed areas;

 When required by the Agency, security screening of all persons visiting the Agency by using
metal arch detector, X-ray machine and hand-held metal detector;

 Performing security and safety patrols within the building and close vicinity, reporting any
hazard, faulty equipment or any other potential threat or abnormality observed;

 Patrolling exterior of the building and grounds in order to prevent, detect and deter intrusions
or attempts of intrusion;

 Providing initial steps of investigations and reporting about any incident;

 Inspecting deliveries, post and courier using X-ray, Ionscan and other equipment;

 Escorting individuals or groups to designated areas within the building or grounds;

 As part of the EMA Emergency Response Team providing emergency response in medical, fire
and other emergencies;

 Providing emergency First Aid to EMA staff, contractors and visitors when needed;

 Responding to security requests raised via Service Desk system (JIRA based) by phone, e-mail
or in person;

 Keep the lost and found report book updated;

 Handling radio, telephone and intercom communications;

 Reporting on security related issues, including maintaining accurate daily reports with all
actions taken;

 Operating technical security and safety systems (such as CCTV and access control software);

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 Other security related administrative tasks as requested by the Agency.

Security guard profile


Education  Valid Dutch security licence
and
professional  Valid security training certificate (the requested Dutch certificate is the
qualifications
Algemene Beveiligingsmedewerker – ABM or MBO2 security certificate)

 Emergency Response Officer certified (the requested Dutch certificate is BHV)

 First Aid certified (the requested Dutch certificate is EHBO)

 Fire alarm operations (Basic certificate), (the requested Dutch certificate is


BMI). The security control room operator must have the Advanced certificate
(the requested Dutch certificate is BBMI)

 X-Ray training (at least half of security guards from day shift during working
days)

Knowledge  Able to work in multi-cultural environment with a customer focused approach


and skills
 Ability to perform under stress and under emergency pressure, including
conflict management and resolution

 Sound judgment and reasoning

 Excellent communication skills

 Hospitality or customer attention training

 Knowledge of office automation software (Windows Outlook, MS Word,


Filemaker or equivalent)

 Knowledge of written and spoken English equal to level B1 or equivalent


English level in accordance with the Common European Framework of
Reference for languages

 Knowledge of written and spoken Dutch is advantageous but not mandatory

 Knowledge of how to handle postal traffic (at least one security guard from day
shift during working days)

 Knowledge of access control software (at least three security guards from day
shift during working days)

Professional  At least 1 year of proven general security experience


experience
 Experience with security systems applications such as CCTV, access control,
intercoms, radio communications.

 Very good knowledge of CCTV, access control, fire emergency, intercom


systems and applications (for security control room operator)

As part of the ongoing tasks the Agency requires that at least one security guard (during all shifts) and
the shift supervisor have the knowledge to operate the security control room equipment. The security
control room must be at all times manned by a competent security control room operator.

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The security guard performing security control room activities will have the following tasks:

 Active monitoring of the CCTV;

 Manage the access control system and intercoms;

 Monitor the alarm system, initial verification of alarms and trigger necessary procedures if
follow up is required;

 Monitor the fire alarm panel and trigger response in case of fire or any other emergency in
accordance with the Agency’s internal procedures;

 Keys control;

 Ensuring that all logbooks are properly kept;

 Detailed description of other tasks will be included in the relevant Assignment Instructions.

3.1.1.2. Security supervisor tasks and profile

The security supervisor must be ready at all times to carry out all the tasks to be carried out by a
security guard as listed under point 3.1.1.1 whenever needed. In addition, the security supervisor
must perform the following tasks:

 Supervising that security guards carry out their tasks, ensuring these are delivered at the
highest level of professionalism by performing quality assurance inspections (inspecting all
posts in unpredictable but routine manner);

 Coach, mentor and train security team members in all their duties and in house procedures;

 Ensuring that all administrative tasks are completed in accordance with assignment
instructions and other in-house regulations;

 Ensuring accurate and timely reporting as well as appropriate escalation of any incident or
situation;

 Ensuring that preventive routine testing of different security hardware is conducted and logged
regularly, and if faults are found immediate reporting and follow up to correct;

 Conduct initial investigations after incidents or security risks are discovered;

 Responsible for the client equipment used by security team at different posts;

 Perform any other security related tasks as required by the Agency.

Security supervisor profile

Education and  Valid Dutch security licence


professional
 Valid security supervisor training certificate (the requested Dutch
qualifications
certificate is the MBO3 security certificate)

 Head of Emergency Response Team certified (the requested Dutch


certificate is HBHV)

 First Aid certified (the requested Dutch certificate is EHBO)

 Fire alarm operations (Advanced), (the requested Dutch certificate is

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Security supervisor profile

BBMI)

 X-Ray training

Knowledge and skills  Able to work in multi-cultural environment with a customer centric
approach

 Ability to perform under stress and under emergency pressure, including


conflict management and resolution

 Sound judgment and reasoning, with ability to be proactive and take


immediate actions

 Excellent communication skills

 Very good team management skills

 Ability to write clear and comprehensive security and safety reports in


English.

 Good knowledge of risk management

 Fluent knowledge of office automation software (Windows, Outlook, MS


Word, Excel, PowerPoint or equivalent)

 Knowledge of written and spoken English equal to level B2 or equivalent


English level in accordance with the common European Framework of
Reference for languages.

 Knowledge of written and spoken Dutch equal to level B2 or equivalent


Dutch level in accordance with the common European Framework of
Reference for languages

 Knowledge of access control software

 Hospitality or customer attention training

Professional  At least 6 years of proven general security experience


experience
 At least 2 years of proven experience in the management, directing and
training of security personnel

 Experience in conducting investigations using security applications such as


CCTV and access control software

3.1.1.3. Operational manager

The successful tenderer must deploy at the Agency’s premises one operational manager who will
represent the company for all contractual matters. The operational manager will act as a single point of
contact with the Agency’s appointed senior security officer managing the contract, in order to manage
all operational aspects related to day-to-day operations, financial issues, reporting, service level
agreement compliance and any other contractual matter.

Tasks of the operational manager include but are not limited to:

 Ensure delivery of the highest quality of service in accordance with the Agency’s values:
Excellence, Accountability, Reliability, Commitment and Respect;

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 Decide the personnel to be deployed within the contract among those proposed by the
company after initial recruitment stages and continuous evaluation of their performance;

 Ensuring the good functioning and the management of the entire guard force by means of
regular traceable controls and inspections;

 Be in possession of the authority to take decisions and respond immediately with results-
oriented actions;

 Drafting and continuous update of the security assignment instructions for deployed
personnel, in consultation with the Agency;

 Identify staff performance weaknesses and implement a continuous training and development
program;

 Draw up and send standard monthly working schedules to the Agency’s senior security officer
at least five working days before the month starts;

 Planning of the duties of the guards on site (roster);

 Planning further manpower for different events when required and advise the Agency on such
requirements;

 Discuss and fine-tune the Agency’s security operational processes;

 Send the daily incident report to the Agency;

 Provide input to the Emergency Plan and specific security procedures for different scenarios;

 Provide quotations for different services included in the contract, as well as following up and
making sure that services or products are delivered timely and according with the quality
agreed;

 Liaise with and report routinely (shift/daily report) and ad-hoc (incident report) to the Agency
senior security officer;

 Provide the monthly reports, including statistics, training program and training attended by
contractor staff and financial aspects, as well as participate at contract management meetings;

This profile must not be used by the contractor as an administrative role. It is expected that the
contractor will provide the administrative support needed for the implementation of the contract and
any costs must be born by the contractor and included in the rates and/or mark-up quoted.

This profile requires a 24/7 on call availability guaranteed for all incidents and emergencies.

Operational manager profile

Education and  Bachelor degree HBO Security Management in Dutch (or equivalent)
professional
 Certified Security Management Professional (ISMI) or Certified Protection
qualifications
Professional (ASIS) are advantageous but not mandatory

 University Degree and/or Masters in security science are advantageous but


not mandatory

 Training in hospitality field is advantageous but not mandatory

Knowledge and  Very good knowledge of risk management and crime prevention

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Operational manager profile

skills  Very good team management and motivation skills

 Very good knowledge of methods of internal control and best practices

 Able to work in multi-cultural environment with a customer centric approach

 Ability to react and adapt to changing environment

 Ability to write clear and comprehensive reports in English

 Very good knowledge of office automation software (Windows, Outlook MS


Word, Excel, Filemaker or equivalent)

 Knowledge of written and spoken English equal to level C2 or equivalent


English level in accordance with the common European Framework of
Reference for languages

 Knowledge of Dutch is advantageous but not mandatory

Professional  At least 8 years’ of relevant experience, as supervisor or operational


experience Manager including at least 2 in a high level corporate environment.

3.1.1.4. Man guarding services implementation

Once the contract has entered into force, the Agency will inform the successful tenderer about its
precise needs for security services and within ten working days the tenderer shall propose its
deployment plan based on the Agency’s needs, together with a list of potential candidates, in order to
set up a team of security guards, supervisors, operational managers and a reserve list of security
guards for future assignments and/or replacements.

Resources for contract implementation

The tenderer must propose for introduction only candidates who fulfil the minimum requirements
specified in sub-paragraph 3.1.1 of the tender specifications by submitting their application for final
acceptance by the Agency.

The Agency reserves the right to refuse candidates that are found unsuitable for the assignment. In
this case, the tenderer shall propose alternative suitable candidates.

Induction training

The contractor shall provide training for all its employees before the start of deployment at the Agency.
The detailed description of the content of each training shall be provided to the Agency before the start
of services. A training record shall be kept.

This initial training shall at least consist of the following:

 Training regarding applicable Agency assignment instructions of a minimum of 4 hours;

 Training related with the Agency’s CCTV and access control system of a minimum of 4
hours;

 Every new security guard, security control room operator and supervisor will carry out
at least one of each shift (day, evening, night, weekends) for familiarization to the
assignment on the expense of the contractor (at no charge to the Agency).

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The contractor shall demonstrate that the induction training has been conducted successfully before
personnel deployment.

Assignment to the post

The Agency reserves the right to reject candidates who were initially included in the core team or in
the reserve list but have not met the requirements of the job. Additional candidates will have to be
proposed by the tenderer to cover for the gap of staff in the reserve list.

Continuous Training

The Contractor shall provide yearly refreshment training for all guards. This training shall at least
consist of the following:

 training regarding applicable Agency Assignment Instructions security instructions and


other guidance of at least 3 hours;

 EHBO;

 BHV;

 Hospitality;

 Proactive security.

The detailed description of the content of each training shall be provided to the Agency in advance.

Requests for additional staff

Whenever the Agency has a need for additional man guarding services, it will endeavour to submit a
request to the tenderer describing its additional needs at least ten working days in advance, but not
less than three working days in exceptional cases.

The tenderer shall match the deployment of the security staff included in the reserve list in compliance
with the Agency’s request and within at least one working day prior to the starting day of the
deployment it shall forward to the Agency its roster, specifying the names of the additional security
staff to be deployed.

Requests for additional staff on short notice

The tenderer must be able to provide additional staff on a short notice and for the duration as
requested by the Agency. The tenderer may request a surcharge if the “short notice” is less than three
working days, according to the costing sheet submitted. It is to be noted that surcharge will not be
applied to emergency services described in qualitative criterion number 3 in section 16.1 for which the
tenderers are requested to submit separate rates as an attachment to the costing sheet in Annex II.

In case of a direct threat to the Agency the contractor must be able to provide extra needed security
personnel at the short notice possible.

Such requests for additional staff on ad-hoc basis will be made only exceptionally throughout the
contract duration.

Sudden absences and replacements

In case of absence by a member of the tenderer’s staff due to sickness or other unforeseen
circumstances, the tenderer shall guarantee the respect of the pre-agreed deployment schedule by
arranging for a replacement provided from the reserve list, within a maximum of two hours from the
starting time of the deployment.

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In case of non-performance or misbehaviour of whatever nature by a member of the tenderer’s staff,
access to the Agency or other premises or property may be refused and depending on the
circumstances the Agency might request his/her exclusion from the deployed team. In such a case, the
tenderer must arrange for a replacement provided by another candidate included in the reserve list,
within a maximum of four hours from the Agency‘s request.

The replacement shall not oblige the Agency to pay any additional remuneration, fees or costs other
than those laid down in the initial contract. The contractor shall bear all the additional costs arising out
of or incidental to such replacement.

Any changes of any sort shall be communicated by the tenderer to the Agency in writing; in case of
changes affecting security staff already deployed at the Agency, the tenderer shall consult with the
Agency at least five working days in advance.

The successful tenderer will be required to make every possible effort to keep the turnover within the
security staff deployed at the Agency to absolute minimum, and in any case to a target of 10% a year.
Deviations from the target must be substantiated. The minimum target does not apply to the additional
ad-hoc guards. As the Agency invests time and capacity for internal training to contractor’s staff, any
replacement to another location needs to be approved in advance by the Agency. Whenever a
candidate included in the reserve list is no longer available, in order to replace the vacancy the
tenderer shall propose a list of additional candidates to be introduced at the Agency following the
procedure described above.

In order to fulfil the above mentioned obligations, the contractor shall provide evidence of permanent
availability of an on call reserve list of a minimum of 5 guards. The evidence will consist of a list of
security guards. Before any security guard is placed on the respective list, he or she must be trained at
the Agency premises and be ready to take on duties.

Service delivery quality assurance

The contractor shall have a quality management system in place that is in line with ISO 9001:2008 or
equivalent.

External independent audit in form of “mystery shopper” or “red team” (penetration tests) are
expected and included in the SLA.

Regular but randomly conducted inspections out of working hours are mandatory and scored in SLA.

Reporting

The operational manager and the contractor’s account manager must ensure that the below reports
are delivered in English to the nominated Agency contact person:

As soon as possible:

a) Incident reports describing any out of normal situation, and subsequent actions taken.

b) Investigation reports once completed.

Daily:

a) Comprehensive daily report shall be submitted to the Agency in daily basis.

b) Shifts handovers, including all observed equipment faults, Health & Safety hazards, time of
patrols, and shift news.

Monthly:

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Monthly provisional working schedules (name, date, type and hours) at least 5 working days before the
start of the month.

The following records must be kept and available should the Agency request access:

a) The provisional schedule shall be sent with appropriates corrections reflecting the executed
schedule and highlighting the discrepancies between the provisional and the executed schedule
(in order to enable proper controlling of the hours worked and invoicing);

b) Filled-in time sheets for every day when services were provided shall be attached to the end of
the month report;

c) Calculation of the price of services for the month (incl. presentation of applicable penalties and
additional services if any);

d) A monthly report compiling thoroughly all unusual or unexpected events, discrepancies and
abnormality in relation to the provided services;.

Quarterly:

After every 3 months of service provision the operational manager shall submit to the Agency a
quarterly report that shall include:

a) A statistic report summarising the daily attendance and showing the actual hours worked by
successful tenderer’s staff under the contract by name, type and quantity;

b) Updated certificates and movement of staff;

c) A quality management report including:

 A detailed presentation of the work carried out by contractor’s staff;

 A thorough compilation of all unusual or unexpected events, discrepancies and abnormality in


relation to the provided services;

 A table of trainings, and certification (done, to be done, foreseen);

 A table of the status of actions and corrective measures agreed with the Agency’s senior
security officer.

Reports’ templates shall be proposed by the contractor and validated by the Agency’s senior security
officer. The contractor shall get all templates validated before the end of the first month following the
beginning of the contract. For operational need the Agency may at any time of the contract request
from contractor’s account manager changes in the template. In such case templates shall be validated
again by the Agency’s senior security officer before dissemination.

After the monthly and quarterly reports have been submitted, joint meetings will be organised where
the operational manager and the Agency’s senior security officer shall be present. During this meeting
the Agency shall approve the quarterly report or request for justified amendments to be added before
signature.

Minutes of meetings or reports shall be drafted by the contractor before being submitted to the Agency
for validation and signature.

Performance measurement

The performance of the contract will be measured as per agreed Service Level Agreement and agreed
Key Performance Indicators (Annex X).

The Agency’s public holidays

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The list of the official public holidays of the Agency for 2019 and 2020 (Draft) has been attached as
Annex XI.

The 2020 calendar is assumed to contain the same number of public holidays. In some cases the
Agency’s holidays may differ from official Dutch public holidays. When the Agency observes a holiday
not included in the official calendar of Dutch holidays, staffing levels will be reviewed and adjusted
accordingly.

3.1.2. Technical Surveillance Counter Measures (TSCM)

The Agency requires Technical Surveillance Counter Measures (TSCM) surveys to be carried out in its
premises. Given the nature of the organisation’s business the survey is a proactive measure to ensure
security of information and discussions.

These surveys could be partial, total, regular or irregular in time and would normally be conducted out
of working hours, either during the night time or weekends.

The basic parameter to consider would be a full survey and two partial surveys in selected areas per
year.

During the inspection the contractor must use the most up-to-date counter surveillance equipment
commercially available and be conducted by trained, qualified and experienced personnel.

A full, comprehensive and systematic physical and technical inspection will be conducted in the areas
designated. Within maximum ten working days from the inspection a full report with findings and
recommendations must be issued in English to the Agency.

3.1.2.1. Physical Inspection

It shall include but not be limited to the following:

 All locks are checked for suitability and functionality;

 All floor boxes, telephone, IT and main distribution points (where accessible) are opened and
inspected for signs of tampering. Tamper indication UV seals are applied if future visits are
scheduled;

 All furniture and fittings are closely examined for the presence of covert eavesdropping devices
or indications that devices have been present in the past;

 Open desk drawers will be removed wherever possible, the frame of the desk will be checked
and the contents of the drawer inspected. Cabinets and computer workstations are inspected
for the presence of eavesdropping devices or the insecure storage of sensitive data /
equipment, including PDAs, mobile phones, recording equipment, sensitive or personal
documentation, keys, passwords, tapes, CDs, DVDs, USBs and other mass media storage
devices;

 Any computers found ‘logged on’ will be recorded;

 Ceilings, ceiling voids, walls, floors and floor voids are inspected where accessible;

 A general audio attenuation assessment will be made outside meeting / boardrooms;

 Telephone handsets, junction boxes and cabling (where accessible) are examined for signs of
tampering and UV tamper indication seals are applied if appropriate. Telephone equipment
(including fax machines), PBX exchanges, frame rooms, distribution points and room risers are
inspected for eavesdropping devices;

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 Video conferencing systems are inspected for signs of tampering;

 Computer workstation exteriors are examined and all cables are inspected for illicit
modification or the addition of extra equipment such as key logging devices;

 IT cabinets will be inspected for the presence of eavesdropping equipment;

 Fax machines, photocopiers and shredding machines are inspected for eavesdropping devices;

 The lids of cable trunking are removed and the cables inside are inspected (where accessible);

 CCTV cameras and alarm sensors (where accessible) are inspected;

 All cables in the under-floor cable trays, where they are accessible, will be inspected for signs
of tampering, fibre optic or telephone line attack. The computer floor may be removed to
facilitate inspection;

 On each floor the ‘Dry Risers’ that house IT and telephony cables (where accessible) will be
inspected for signs of attack;

3.1.2.2. Non-Linear Junction Detector (NLJD)

An inspection will be conducted on walls, ceilings, floors and furniture using a Locator NLJD.

3.1.2.3. Optical Inspection

The area will be inspected with a lens detector for hidden camera systems.

3.1.2.4. Technical Inspection

It shall include but not be limited to the following:

 A technical sweep will be conducted and compared to any other external and internal sweeps
taken. Comparisons of the sweep will also be made during any subsequent surveys to aid the
rapid detection of any new hostile transmissions.

 Narrow and wide band detection techniques are used to detect ‘hopper’, ‘spread spectrum’ and
other modulations that may be used by sophisticated adversaries;

 Frequency scans will indicate the presence of hostile transmissions;

 Any active infrared transmitting devices present in the room will be detected;

 A Near Field receiver scans for signals 30 MHz - 3 GHz and detects signals that are stronger
than local commercial broadcasts;

 Any hostile use of wireless local area network (LAN) access will be detected;

 Thermometer sensors are used to identify active eavesdropping devices and conduct further
investigations if required;

 Audio/visual equipment, including deaf-aid loop amplifiers, speakers and stage microphones
are scanned and inspected for eavesdropping devices;

 Mains electrical cables and sockets will be monitored for the presence of hostile AM, FM and
digital signals 10 kHz - 10 MHz.

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3.1.2.5. Telephone Systems

Analogue & digital systems

A technical inspection will be made of six designated phones or lines to the switchboard :

 Technical tests will show anomalies within the phone or the line that may indicate a hook
switch bypass attack and / or highlight the presence of any eavesdropping devices connected
to the line. The measurements can be used for comparison purposes on future surveys. Tests
will be conducted on the phone handset and at the frame area / telephone server;

 Measurements will be taken of ‘on and off’ hook voltages, direct current (DC) drawn through
the phone and the resistance of any non-active lines in the phone cable;

 Checks will be made for analogue or digital audio signals being passed along lines when the
equipment is on-hook;

 RF (radio-frequency) level tests will be conducted 30 kHz - 85 MHz to determine if the phone
or its line may have a modulated carrier eavesdropping device passing phone conversation or
room audio down the line;

 RF spectrum test will be used if the RF level test indicates a possible attack and will confirm
whether or not the phone is compromised, as well as providing additional information to the
engineer to identify the type and location of the attack;

 RF free-space test will be carried out 100 kHz - 8 GHz to identify hostile radio transmissions
and phone bugs which can be used to transmit information to a nearby listening post.

Telephone inspection procedures for the remaining telephones

Any remaining non ‘key’ phones will be tested for the presence of active radio frequency taps and bugs
on the phone equipment and the line. Some tap devices will only activate during a phone call, so tests
are conducted with the phone both on and off hook. Tests detect the presence of AM or FM sub-carrier
and digital radio transmissions.

VoIP phones

 Hand / headsets will be physically inspected for signs of tampering;

 RF free-space test will be carried out 100 kHz - 8 GHz to identify hostile radio transmissions
and phone bugs which can be used to transmit information to a nearby listening post.

If any of the above tests indicate suspicious anomalies, the cabling can be checked for modifications
using TALAN’s Non Linear Junction Detector (NLJD) and a Frequency Domain Reflectometer (FDR).

Mobile Devices

 Mobile device detectors, locators and blockers will be used to identify active mobile devices and
GSM technology in the survey area

 A wide band harmonic static monitoring system is used in conjunction with mobile device
detectors which will also detect all forms of local broadcast, such as Wi-Fi, Bluetooth, DECT,
PAL, IEEE802.11g, 2G (GSM), 3G & 4G (smartphones), etc

Informal debriefs shall be provided after each inspection, and on completion of the full suite of
inspections requested, a formal report (in English) will be produced for the Agency in the maximum
term of two weeks.

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3.1.3. Security scanning equipment rental

The Agency will need to rent from the successful tenderer security scanning equipment such as X-Ray
luggage scanner (e.g. Rapiscan 620XR or similar) and accessories (e.g. trays), walk-through metal
arch detector (e.g. Garrett PD6500i or similar), metal hand held detector (e.g. Garrett Superscanner V
or similar) and explosives trace detector when public events are organized at the Agency.

The equipment should be deployed by the time requested and retired without delay once service is
completed. Training for operators (if required) should also be delivered.

This equipment will be required approximately for a total of 16 rental days a year, as and when
needed. Depending on operational needs this is subject to change.

The contractor should be able to deploy the equipment immediately even when requested at short
notice, especially in case the national terrorist threat level is raised to critical.

All equipment rented must comply with EU regulations and standards. The hire cost must be inclusive
of transport, placement, installation and removal of the equipment. If there is a minimum rental
period, the tenderer must specify it when replying to tender specifications. The Agency will not accept
minimum rental period of more than 7 days.

Upon request, the contractor must be able to provide suitably trained operators for the rented
scanning equipment. They must have the relevant skills and training to operate the equipment and:

 Knowledge of written and spoken English equal to level B1 or equivalent English level in
accordance with the common European Framework of Reference for languages;

 At least one year experience in operating the respective security scanning equipment.

3.1.4. Provision of security consumables and equipment

The Agency considers that it would require the supply of various security consumables and ancillary
equipment at its premises. These items assist in the processing of all staff and visitors who attend the
Agency. In 2018 there were approximately 40,000 visitors to the Agency. Currently, in day-to-day
operations, EMA uses electronic smartcards, rewritable cards, cardholders, lanyards, printing and
cleaning kits for cards printers, evidence bags, and identification wrist laces with a yearly average
turnover as follows:

 Electronic Access cards (Smart cards): 1,000

 Rewritable cards: 3,000

 Plastic cardholders: 1,000

 Lanyards: 3,000

 Printing kits: 25

 Printer cleaning kits: 100

 Evidence bags: 500

 Identification wrist laces: 200

The above list is not exhaustive.

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The Agency requires that the contractor will operate an open book policy on purchase of security
consumables and ancillary equipment ordered. The contractor will then invoice the initial purchase
price plus the percentage mark-up indicated by the tenderer in the Costing sheet (Annex II).
However, under no circumstances shall the initial purchase price exceed supplier’s published
catalogue/internet prices.

3.1.4.1. Quotation

Whenever the Agency desires to acquire any consumable or ancillary equipment, it will ask the
contractor to provide a quotation from minimum 3 different suppliers (if available on the market) of
the items needed. The quotation(s) shall be sent to the Agency in a maximum of 5 working days
specifying in detail the characteristics of the product, unit price per unit, time for delivery and any
other conditions.

The Agency reserves the right to reject the quotation(s) and request the contractor to obtain further
quotation(s), if the initial one(s) are not in line with requirements or do not provide competitive prices.

3.1.4.2. Purchase Order

If the Agency decides to request the goods to be supplied in accordance with the approved quotation,
it shall send a Purchase Order to the contractor, specifying the terms of supply of the goods, such as
quantity, designation, quality, price, place of delivery and time allowed for delivery.

Acknowledgment of the Purchase Order by the contractor

Within 5 working days or within 1 day in case of emergency, the contractor shall return one original of
the Purchase Order, duly signed and dated, thereby acknowledging receipt of the Purchase Order and
acceptance of the terms.

3.1.4.3. Delivery

The contractor shall bear all costs and risks involved in delivering the goods to the place of delivery, to
the designated location at the Agency’s premises. Such costs must be included in the mark-up
percentage, together with any other administrative costs.

Time allowed for delivery

The time allowed for delivery shall be notified on the Purchase Order and penalties might be applied if
products are not delivered within the agreed period.

Date, time and place of delivery

The Agency shall be notified in writing of the exact date of delivery within the period indicated in the
quotation. All deliveries shall be made at the agreed place of delivery during working hours (8.30 CET
to 18.30 CET).

Consignment note

Each delivery shall be accompanied by a consignment note in duplicate, duly signed and dated by the
contractor or its carrier, giving the Purchase Order number and particulars of the goods delivered. One
copy of the consignment note shall be countersigned by the Agency and returned to the contractor or
to its carrier.

Conformity of the Goods delivered with the Contract

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The goods delivered by the contractor to the Agency must be in conformity in quantity, quality, price
and packaging with the relevant Purchase Order.

The goods delivered must:

 correspond to the description given in approved quotation and possess the characteristics of
the goods supplied by the contractor to the Agency as a sample or model;

 be fit for any specific purpose required of them by the Agency and made known to the
contractor at the delivery of the Purchase Order;

 be fit for the purposes for which goods of the same type as the goods are normally used;

 demonstrate the quality and performance which are normal in goods of the same type as the
goods and which the Agency can reasonably expect, given the nature of the goods and taking
into account any public statements on the specific characteristics of the goods made by the
Contractor, the producer or the manufacturer or its representative, particularly in advertising
or on labelling;

 be packaged according to the usual method for goods of the same type as the goods or, failing
this, in a way designed to preserve and protect them;

 comply with all applicable statutory and regulatory requirements.

3.1.4.4. Remedy

The contractor shall be liable to the Agency for any lack of conformity which exists at the time the
goods are verified. In case of lack of conformity, the Agency shall be entitled to reject the goods and:

 either request to the contractor to have the goods brought into conformity, free of charge, by
repair or replacement;

 or to have an appropriate reduction made in the charges.

Any repair or replacement shall be completed within a reasonable time and without any significant
inconvenience to the Agency, taking account of the nature of the goods and the purpose for which they
are required by the Agency.

The term 'free of charge' refers to the costs incurred to bring the goods to conformity, particularly the
cost of postage, labour and materials.

3.1.4.5. Guarantee

The purchased goods shall be guaranteed against all defects in manufacture or materials for two years
from the date of delivery, unless provision is made for a different period.

The contractor shall ensure and represents and warrants that any permits and licences required for
manufacturing and selling the goods have been obtained.

The contractor shall replace at its own expense, within a reasonable time limit to be determined by
agreement between the parties, any items which become damaged or defective in the course of normal
use during the guarantee period.

The contractor is responsible for any conformity defect which exists at the time of delivery, even if this
defect does not become apparent until a later date.

The contractor is also responsible for any conformity defect which occurs after delivery and is
ascribable to non-compliance with its obligations, including failure to provide a guarantee that, for a

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certain period, goods used for the purposes for which they are normally used or for a specific purpose
will preserve their qualities or characteristics as specified.

If part of an item is replaced, the replacement part shall be guaranteed under the same terms and
conditions for a further period of the same duration as that specified above.

If a defect is found to originate in a systematic flaw in design, the contractor must replace or modify all
identical parts incorporated in the other goods that are part of the Purchase Order, even though they
may not have been the cause of any incident. In this case, the guarantee period shall be extended as
stated above.

3.2. Vetting

All successful tenderer’s employees or subcontractors working at the Agency’s premises who do not
hold a valid Dutch Security licence must comply before carrying out any services at the Agency’s
premises, as minimum, with the following requirements:

a) Identity verification

The successful tenderer must verify the identity of any employee or subcontractor assigned to carry
out any service envisioned in this contract. An official document containing their photograph, such as a
national ID, passport or driving licence must support this verification. The objective of verifying identity
is to confirm that the information given by any person about themselves is genuine and establishing
that the individual owns and is rightfully using that identity.

b) Certificate of good conduct (or equivalent of VOG in the Netherlands)

All employees proposed by the tenderer will have to be in possession of a certificate of good conduct
(or similar document) issued by the competent authority of the country of origin or residence and
dated not earlier than three months prior the start date of commencing duties for the Agency with the
exception of non-EU nationals who have been living in the Netherlands for the last five years prior to
their assignment under this contract.

For Dutch employees the VOG NP application form (https://www.justis.nl/producten/vog/certificate-of-


conduct/ and https://www.justis.nl/binaries/Aanvraagformulier%20VOG%20NP%20(English)%20-
%202.2_tcm34-84796.pdf) must be filled in. Employees who are non-EU nationals and who have been
living in the Netherlands for the last five years prior to their assignment under this contract must also
fill in VOG NP application form.

c) Background checks

Background checks are divided in Qualification and Employment checks.

Qualification checks

The employees proposed by the contractor and its subcontractors should be in possession of the
appropriate certifications to carry out their work as in accordance with the Dutch relevant law and
regulations.

A qualification check verifies information provided by the worker on their application form or
Curriculum Vitae (CV) for educational or professional qualifications. Original certificates or certified
copies by the competent authority must be provided to the contractor and the information on
them compared with what is included on the application form, it should confirm:

 the establishment attended;

 course dates;

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 title of the course (if the worker has included details of courses studied it is advisable to check
them) and grades awarded.

Employment checks

The verification process made by successful tenderer should confirm: the dates of employment,
position(s) held, the duties and any employment gaps. As baseline, the employer must verify a
minimum of five years of previous employment, but depending of the role it is advisable to screen
the eight previous years. A period which covers at least two positions with separate employers
should be checked. The hiring company should confirm the existence of the former employers and
contact them to confirm that the information provided by the worker is genuine and accurate. A
record of any conversation should be made.

The contractor bears the sole responsibility to ensure that its entire staff is in possession of valid
training certificates throughout the entire duration of the contract and take care of the renewal of such
certificates on time. The Agency may require proof of the certificates mentioned in the different
profiles. Please, note that any financial costs arising from the above mentioned training certifications
and attendance must be borne by the contractor.

3.3. Minimum requirements to be met by the tender

The following minimum requirements must be met by the tender for it to be considered compliant with
the technical specifications. Tenderers must provide a completed declaration which can be found in
Annex IV. Failure to confirm compliance with all the following requirements shall result in elimination
from the tender:

 Compliance with applicable environmental, social and labour law obligations established by Union
law, national legislation, collective agreements or the international environmental, social and
labour conventions listed in Annex X to Directive 2014/24/EU.

 The working language of the Agency is English and the contractor must confirm that it will be able
to communicate with the Agency in English for seamless implementation and execution of all the
services covered within the scope of the contract, including responsibilities resulting from
regulatory requirements such as Health and Safety and Data Protection, as well as for the efficient
and timely response in respect to contract management.

 Processing of personal data in connection with this service must comply with EU data protection
legislation, in particular, Regulation (EU) 2016/679 (General Data Protection Regulation), in such a
manner that processing of personal data will meet the requirements of Regulation (EU) 2018/1725.

 Compliance with all service requirements as described in section 3.1 of these Technical
Specifications.

 All staff must sign and adhere to the Agency’s Confidentiality Undertaking as per Annex XII.

 The contractor shall ensure throughout the duration of the contract that all necessary health and
safety risk assessments for services provided by its personnel are carried out and updated on a
yearly basis or ad-hoc if new processes are included in the assignment.

 The contractor shall ensure that all equipment deployed at the Agency is provided with the relevant
certificates in accordance with all applicable regulations and standards are enforced and upheld.

 In particular, the contractor must ensure its compliance with all current and changing legislation
concerning all aspects of health, safety and hygiene at work with particular reference to the
relevant regulations applicable to The Netherlands.

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 The contractor shall ensure that all products supplied meet the EU safety, health or environmental
requirements.

 The successful contractor must comply with all requirements described in Annex X.

4. Participation in the tender

4.1. Agreements on public procurement

Participation in procurement procedures is open on equal terms to all natural and legal persons falling
within the scope of the Treaties. This includes all legal entities registered in the EU and all natural
persons having their domicile in the EU. Participation is also open to all natural and legal persons
registered or having their domicile in a non-EU country which has an agreement with the European
Union in the field of public procurement on the conditions laid down in that agreement. The rules of
access to the market do not apply to subcontractors.

The procurement procedures of the Agency however are not open to tenderers from countries which
have ratified the Multilateral Agreement on Government Procurement (“GPA”).

4.2. Subcontracting

If the tenderer envisages subcontracting any part of this contract, Annex V should be completed
indicating clearly the identity, roles, activities and responsibilities of subcontractor(s) and specifying
the volume/proportion for each subcontractor. In case of intra muros services1, the names, contacts
and authorised representatives of subcontractors involved in the performance of the contract must also
be stated.

Attached to the completed Annex V should be a signed letter of intent by each subcontractor stating
its unambiguous undertaking to collaborate with the tenderer if it wins the contract and the extent of
the resources that it will put at the tenderer’s disposal for the performance of the contract.

A completed Annex III is required by each subcontractor where more than 10% of the contract shall
be executed by subcontractors. Tenderers should note their obligation to replace a subcontractor if it is
in an exclusion situation or does not meet a specific selection criterion.

If such documents are not provided, the Agency shall assume that the tenderer does not intend
subcontracting.

5. Additional documentation available to tenderers


Further information about the work of the Agency can be obtained on its website:
http://www.ema.europa.eu.

Building location and surroundings can be explored in open-sources:

- Google Earth

- www.relocatema.nl

6. Site presentation
The building where the security services shall be provided is currently under construction, and
therefore a site visit is not foreseen as part of the procurement procedure. However,
1
Services provided on the Agency’s premises.

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a site presentation will be part of the procurement procedure. The aim of the site presentation is to
provide the tenderers with information on the new building, which might be relevant for the
preparation and submission of an offer, in response to this Invitation to tender. Therefore, economic
operators are highly recommended to participate to this site presentation.

The site presentation is currently foreseen to take place on Friday 28 June 2019 from 10:00 until
10:30 CEST, at the following address: Orlyplein 24, 1043 DP Amsterdam (The Netherlands).

Participation to the site presentation is only possible with prior registration with the Agency. Economic
operators which wish to attend this presentation, shall register themselves by emailing to
EMA.2019.06.DED@ema.europa.eu with a minimum of two working days prior to the start of the site
presentation.

Please note that the number of participants is limited to maximum two representatives per economic
operator.

Any further information on this event, such as the practical information and logistics (address, etc.) will
be provided via email following registration for the site presentation.

7. Variants (Not applicable)

8. Estimated contract volume


The estimated value of the contract calculated over the maximum contract duration of 4 (2+1+1)
years is €10,000,000.

The Agency may exercise the option to increase the contract financial ceiling at a later stage via
negotiated procedure for the repetition of similar services in accordance with Article 11.1(e) of Annex I
to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018
on the financial rules applicable to the general budget of the Union. This procedure may only take
place at the latest during the three years following contract signature and shall be triggered by the
need to increase the financial ceiling up to a maximum of 50% of the initial ceiling.

9. Price

9.1. Currency of tender

Prices should be submitted in Euro. The costing sheet (Annex II) attached to these specifications
must be used to submit a financial tender.

9.2. All-inclusive prices

Prices submitted in response to this tender must be inclusive of all costs involved in the performance of
the contract (e.g. to include profit, administrative/management costs, delivery, supply and installation,
maintenance, travel, trainings, uniforms, subsistence etc.). No expenses incurred in the performance
of the services will be reimbursed separately by the Agency.

9.3. Price revision

Please see articles I.5.2 and II.20 of the draft contract (Annex VII).

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9.4. Costs involved in preparing and submitting a tender

The Agency will not reimburse any costs incurred in the preparation and submission of a tender. Any
such costs must be paid by the tenderer.

9.5. Period of validity of the tender

Tenderers must enclose a confirmation that the tender (including prices) is valid for six months from
the closing date for receipt of tenders.

9.6. Protocol on the Privileges and Immunities of the European Union

The Agency is, as a rule, exempt from all taxes and duties, and in certain circumstances is entitled to a
refund for indirect tax incurred such as value added tax (VAT), pursuant to the provisions of Articles 3
and 4 of the Protocol on the Privileges and Immunities of the European Union. Tenderers must
therefore give prices which are exclusive of any taxes and duties and must indicate the amount of VAT
separately.

10. Payment arrangements


In accordance with the contract, payments shall be made in arrears following receipt of an invoice and
completion of services and/or delivery of goods, either on a monthly basis or longer as may be agreed
between the parties.
The agreed permanent monthly security guard services will be invoiced as a monthly fee, which
corresponds to the agreed schedule. Once the permanent schedule is modified, the monthly fee will
be modified accordingly.

Payments shall be made within 30 days of receipt of the request for payment and shall be deemed to
have been made on the date on which they are debited to the Agency’s account. The Agency may,
however, after giving notice to the tenderer, defer payment if the products or services covered by the
request for payment are contested by the Agency.

All invoices shall be sent in PDF format to the following e-mail address:
ema.vendorinvoices@ema.europa.eu

The Agency shall be bound to comply with payment periods only if requests for payment are properly
presented at the above address.

The tenderer is required to give the following information on all invoices:


 The breakdown of fees for services or quantities of goods supplied, the contract price and the
amount of VAT applied, if any, or, whenever appropriate, a note that the services rendered under
the contract are exempted from VAT in accordance with the national tax law by which the tenderer
is governed.

 A reference to the contract number and specific contract number / purchase order.

 A reference to the Agency’s purchase order number which shall be communicated from time to
time.

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11. Contractual details
A draft contract is attached to these Technical Specifications as Annex VII. Tenderers must confirm
acceptance of the draft contract and terms and conditions of the tender as part of their tender
response as part of its declaration in Annex I.

The Agency wishes to conclude a framework service contract to provide services described in section 3
of these Technical Specification as and when required. A framework contract will establish the terms
governing specific contracts or purchase orders to be awarded during a given period, in particular with
regard to price. The contract is currently foreseen to start in Q4 2019 and will have an initial duration
of 2 years, and is renewable twice with a period of 1 year. Hence the contract has a maximum duration
of 4 years in total (2+1+1).

Signature of the framework contract imposes no obligation on the Agency to order services. Only the
implementation of the framework contract through specific contracts or purchase orders is binding for
the Agency.

Each specific contract and/or purchase order will contain details of deliverables and timelines for
particular services to be provided.

The Agency also wishes to conclude a Service Level Agreement (SLA) which shall become an integral
annex of the framework contract. Please see Annex X which sets out the minimum requirements for
this SLA. Tenderers shall be awarded extra points under the award criteria (qualitative award criterion
4.1) for their proposals to exceed these minimum requirements and, if successful in this procedure,
their proposals shall be incorporated into the final SLA which shall be agreed between the parties.

It is the responsibility of the successful tenderer working at the Agency’s premises to comply with all
relevant Dutch health and safety legislation. In this regard tenderers must provide a signed declaration
confirming that, if awarded the framework contract, the tenderer undertakes to comply with all
relevant Dutch health and safety legislation and the Guidelines for EMA’s Contractors and Health &
Safety Information (see Annex VIII).

The Agency processes personal data in accordance with Regulation (EU) 2018/1725 on the protection
of natural persons with regard to the processing of personal data by the Union institutions, bodies,
offices and agencies and on the free movement of such data. Under the framework contract the
contractor is required to comply with the provisions of EU data protection legislation, in particular,
Regulation (EU) 679/2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data (“GDPR”) in such a manner that processing of
personal data will also meet the requirements of Regulation (EU) 2018/1725.

In particular, under the framework contract the contractor will act as a data processor and shall comply
with the obligations laid down in Article 29 of Regulation (EU) 2018/1725 and shall provide sufficient
guarantees to implement appropriate technical and organisational measures in such a manner that
processing of personal data will meet the requirements of Regulation (EU) 2018/1725 and ensure the
rights of the data subject.

In relation to the data processing activities the contractor carries out under this service, no transfer of
personal data may be carried out by the contractor to any third party, unless instructed by the Agency
to do so in writing.

In the context of processing data for the purpose of contract implementation, the contractor will have
to process the following data on every person to whom an access badge for EMA premises has been
issued (i.e. staff (incl. delegates & contractors) and visitors):

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PROCESSING OPERATION DESCRIPTION ACCESS CONTROL

Personal Data Processed For staff (incl. delegates & contractors): first and last
name, starting date of employment, position within the
organization, end of employment, a profile picture.

For visitors: first and last name, date and time of visit,
expected time of departure, host name.

Processing Purpose Physical-logical Access Control Security

Data Subject Employees (incl. delegates & contractors), visitors

Processing Means EMA access control management platforms

PROCESSING OPERATION DESCRIPTION CCTV

Personal Data Processed Image and video of persons (employees incl. delegates
& contractors, visitors, etc.).

Processing Purpose Physical Security of personnel, visitor and goods

Data Subject Employees, visitors and any person within EMA


premises or its surroundings

Processing Means CCTV system

With regard to data processing activities, in practice the following tasks (non-exhaustive list) will be
performed by the contractor:

 Issuing access cards: e.g. taking photos to data subjects, identification verification and entering
user data into various EMA security systems, etc.

 Operating CCTV: e.g. live continuous monitoring of CCTV, review of recorded footage, provide
images to EMA and other authorities as instructed by EMA, etc.

The contractor may be requested in writing (including electronic forms) by the contracting authority to
carry out additional activities as part of the processing operations indicated above. The contractor
shall carry out such activities in accordance with the written instructions received from the contracting
authority.

12. Exclusion criteria


All tenderers shall provide a declaration on their honour (see Annex III), duly signed and dated by an
authorised representative, stating that they are not in one of the situations of exclusion listed in this
Annex. In case of subcontracting, tenderers should note that there will be an obligation to replace a
subcontractor if it is in an exclusion situation.

Tenderers shall also provide the documents mentioned as supporting evidence in Annex III as part of
their tender submission. The supporting documents mentioned as supporting evidence in Annex III
which cannot be submitted within the submission deadline must be provided as soon as possible
thereafter.

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The Agency may waive the obligation of a tenderer to submit the documentary evidence referred to
above if such evidence has already been submitted to it for the purposes of another procurement
procedure of EMA and provided that the issuing date of the documents does not exceed one year and
that they are still valid. In such a case the tenderer shall declare on its honour that the documentary
evidence has already been provided in a previous procurement procedure and confirm that no changes
in its situation have occurred.

13. Selection criteria: legal and regulatory capacity

13.1. Requirement:

 All tenderers must have authorisation to perform the contract under national law.

 All tenders must comply with legal obligations required to perform security services in The
Netherlands.

13.2. Evidence required:

All tenderers shall provide a declaration on their honour (see Annex III), duly signed and dated by an
authorised representative, as part of their tender response, stating that they have the legal and
regulatory capacity to pursue the professional activity needed for performing the contract to meet the
requirement as stated in section 13.1.

As part of their tender response, all tenderers shall also provide the following evidence listed below:

 Authorisation to perform the contract under national law, as evidenced by inclusion in a relevant
professional or trade register (except for international organisations), membership of a specific
professional organisation, express authorisation of entry in the VAT register.

 Authorisation/licence to be a private security operator in the Netherlands.

14. Selection criteria: financial and economic capacity

14.1. Requirement:

 Tenderers must be financially feasible and in a stable financial position and have the economic and
financial capacity to perform the contract.

 The annual turnover of the tenderer must be of a minimum value of €5,000,000 for each of the
last two financial years.

 In order to be financially feasible, an entity must be able to demonstrate a favourable total score
for the following: liquidity, capability to cover its short-term commitments; solvency, capability to
cover its medium and long-term commitments; and profitability, generating profits, or at least with
self-financing capacity.

14.2 Evidence required:

All tenderers shall provide a declaration on their honour (see Annex III), duly signed and dated by an
authorised representative, as part of their tender response, stating that they fulfil the applicable
financial and economic criteria set out in section 14.1.

If the tenderer is a company and is otherwise required under the law of the State in which it is
established to publish its accounts, it shall as part of its tender response also provide:

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1. financial statements or their extracts for the last two financial years for which accounts have been
closed;

2. a statement of overall turnover for the last two financial years available.

If in order to meet the requirements listed in section 14.1 the tenderer intends to rely on capacity of
subcontractor(s), the above listed evidence should also be submitted for subcontractor(s) as part of
the tender submission.

If, for some exceptional reason which the contracting authority considers justified, the tenderer is
unable to provide the documentation mentioned, it may prove its financial and economic capacity by
any other means which the contracting authority considers appropriate.

If the tenderer relies on the capacities of other entities (e.g. a parent company), 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 for the period of the contract may be requested by the
Agency. In such case the Agency may require that the successful tenderer(s) and such entities are
jointly liable for the execution of the contract.

The Agency may waive the obligation of a tenderer to submit the documentary evidence referred to
above if such evidence has been submitted to it for the purposes of another procurement procedure
and provided that the documents are up-to-date.

The following ratios will be calculated to evaluate financial feasibility:

Scoring
Ratio Formula
0 1 2
Liquidity
Between or Above or
Liquidity Below 50% equal 50% equal
Current assets – Stocks – Debtors > 1 year
and 100% 100%
Short term debts

Financial independence
Between or
Above or
Below 20% equal 20%
Own funds equal 40%
and 40%
Total liabilities
Solvency
Debt ratio
Between or
Above or
Own funds Below 30% equal 30%
equal 60%
Medium- and long-term debts (MLT) and 60%

Coverage of deposits and borrowed funds by Self


Financing Capacity (SFC*)
Between or
Above or
SFC Below 25% equal 25%
equal 50%
Medium and long terms debt (MLT) and 50%
Profitability * SFC = net result + amortisation
Profitability
Between or
Above or
Gross operating result Below 5% equal 5% and
equal 15%
Turnover 15%

A score is awarded according to the calculated values of each of the five ratios and the maximum score
an entity may obtain is a total of 10 points.

In order to meet the financial capacity criterion, the tenderer must obtain a score of at least 4 points
out of 10.

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If it seems that the financial feasibility evaluation does not provide a favourable picture of an
organisation’s financial status, economic and financial capacity may be proven by any other means
which the contracting authority considers appropriate.

In case of joint tenders the financial and economic capacity shall be evaluated as a whole.

15. Selection criteria: technical and professional capacity

15.1. Requirements:

1. Relevant experience in the provision of security services, similar to the services as described in
section 3 of these specifications, which meets all of the following requirements:

 The services must have been provided to at least three different clients with a minimum of
600 staff members and, 10,000 visits per year), and of which at least one client shall be an
international organisation;

 The services must have been provided during the past three years counting from the due date
for submission of the tenders, and for a minimum uninterrupted period of 12 months;

2. A minimum labour force of at least 60 individual staff members during the last three years, all of
them assigned to the fields of service similar to those tendered by the Agency. The listed resources
shall cover all the required profiles listed in section 3.1.1.

3. Tenderers must have quality assurance standards in place that are in line with ISO 9001 or
equivalent.

4. Relevant evidence of the means available to ensure the quality of service in relation to health and
safety.

Tenderers must meet all of the above 4 requirements.

For joint tenders the selection criteria shall be evaluated in relation to the tender submitted as a whole,
including all consortium members and subcontractors.

15.2. Evidence required:

All tenderers shall provide a declaration on their honour (see Annex III), duly signed and dated by an
authorised representative, as part of their tender response, stating that they fulfil the applicable
technical and professional criteria set out in ’15.1 Requirements’.

Any tenderer with a professional conflicting interest which prevents it from performing the contract
adequately may be rejected on the basis of not fulfilling selection criteria for professional capacity.

As part of its tender response, the tenderer shall provide the documents listed below:

 In the context of requirement number1 above, a list of services provided in the past three years
with the contract values, dates, names of the clients (thereby also indicating public or private
sector), number of staff and number of visitors per year.

 In the context of requirement number 2, please provide the following:

 A statement of the average annual labour force over the last three years, thereby detailing the
number of managerial staff and other profiles assigned to the fields of services similar to those
tendered by the Agency and provide the organisation organigram.

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 A sample description of how the proposed team members meet the requirements for the
relevant profiles listed in section 3.1.1 of these technical specifications (i.e. 2 security guards -
1 generic and 1 for security control room, 1 security supervisor and 1 operational manager). If
Curricula Vitae are submitted they must bear no indication of name or date of birth, only a
number. A separate list should be included showing the association between these numbers
and actual names.

 In the context of requirement number 3, please provide a copy of the ISO 9001 certificate or
equivalent or a description of the company’s quality assurance standards.

 In the context of requirement number 4, please provide:

 A copy of the tenderer’s current health and safety policy, including policy for subcontractors (if
applicable).

 A copy of a sample written risk assessment which is relevant to the key activities described in
the contract, as advertised. If risk assessments are not carried out for all activities under the
tenderer’s control, please explain why not.

 A copy of a sample method statement which is relevant to the key activities descried in the
contract, as advertised. If method statements are not carried out for all activities, please explain
why not.

 Details of how the tenderer manages health and safety on site and communicates health and
safety to staff (including changes to legislation), if not included in the health and safety policy.

16. Award criteria


In order to determine the most economically advantageous tender, the award criteria which will apply
to this procurement procedure are as follows:

Qualitative award criteria: 600 points (60%)

Price: 400 points (40%)

Total 1,000 points (100%)

For joint tenders the award criteria shall be evaluated in relation to the tender submitted as a whole,
including all consortium members and subcontractors.

16.1. Qualitative award criteria

The qualitative criteria which will apply to this tender are set out in tabular format below including the
available points and minimum scores. Any tenderer not achieving the minimum scores indicated below
will be eliminated and not evaluated for price. The qualitative award criteria shall account for 60% of
the weighting for this tender (600 points).

No. Qualitative award criterion Maximum Minimum points,


points which must be
available achieved

1. Implementation Plan 100 50

Please detail the activities your company would undertake leading up


to the commencement and termination of the new contract, including

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No. Qualitative award criterion Maximum Minimum points,
points which must be
available achieved

(but not limited to):

- The proposed methodology for recruitment of new staff and/or


selection of existing staff to be assign to this contract.

- The training and/or induction plan your personnel is subject to, prior
to providing the services to the Agency, to ensure staff is fully
operational from day one.

- Photographs and description of the uniform you would propose for


your staff present at the Agency’s premises should you be awarded
the contract.

80 40
2. Contract management organisation

Illustrate how your company intends to organise the contract


management (management structure, key staff members, account
support, reporting, etc.)

3. Emergency response and resilience 100 50

Please explain what measures your company would deploy in case of


immediate threat to the Agency, such as (but not limited to) a major
natural disaster, general public order disruption or terrorist attack.
What additional measures and proactive assistance can your company
provide in response to emergencies to ensure the security and safety
of the Agency’s operations, information and staff?

Include which additional resources and services your company can


provide (e.g. number of extra guards, any specialised teams) and how
quickly they would be deployed on site. Outline any specific measures
and proactive assistance your company can provide in order to help
the Agency to increase its resilience in case of emergencies and to
ensure the security and safety of the Agency’s operations, information
and staff during the emergency.

The unit prices for any emergency services mentioned in response to


quality criterion number 3 must be included as an attachment to
Annex II.

4. Quality control and performance management 160 80

4.1 Please detail how your company would ensure continuous delivery 120 60
of highest quality service throughout the contract duration. The
answer should include (but not be limited to) the following:

 How would your company maintain staff trained and motivated,


ensuring their access to the latest security best practices, crime
trends, new crime methodology and information;

 How the highest level of customer centric approach service would

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No. Qualitative award criterion Maximum Minimum points,
points which must be
available achieved

be ensured;

 How would your company proactively monitor the quality of


services and how would your company ensure that service is
delivered at the adequate quality level both during working and
out of hours/weekends/public holidays;

 Any extra targets on top of the minimum KPI’s set in Annex X and
if so, clearly specify measurable targets over and above the
indicated KPIs which your company is prepared to guarantee to
the Agency, including escalation procedures and measures taken if
targets are not met (e.g. applicable penalties);

 A detailed management report template which your company


proposes for the monthly and quarterly reporting, thereby
addressing all requirements as set out in section 3.1;

 An explanation on how your company would safeguard protection


of client data and information. Give details on the controls your
company would put in place to guarantee confidentiality of all
process and integrity of EMA information.

4.2 Please provide an example of Assignment Instructions 40


(“Instructies” in Dutch) or equivalent document your company would
20
use for ensuring the security of the Agency’s operations and
information and the safety of its staff and visitors. The answer should
include (but not be limited to) an Agency tailored example, detailing
regular and irregular routine procedures, patrols patterns, equipment
tests, etc.

5. Intelligence and innovation 60 30

Please detail any intelligence gathering mechanism and how your


company would share the information with the Agency.

Please outline how your company would assist the Agency in


continuous improvement of its security procedures. Describe any
cooperation/liaison agreements your company has with local
authorities (municipality or government level) or informal network for
obtaining timely and accurate information whenever needed.

6. Technical Surveillance Counter Measures (TSCM) 40 20

Please describe how your company would conduct the TSCM sweeping
operations with regards to processes and type of equipment used
including specific qualifications and experience of personnel involved.
Please provide an assessment report template produced after
conducting a TSCM activity.

Please outline your company’s in-house TSCM expertise and any TSCM
services which are subcontracted, detailing how your company would

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No. Qualitative award criterion Maximum Minimum points,
points which must be
available achieved

ensure a high quality service is delivered.

7. Security consumables and equipment 40 20

Please detail how your company would implement an open book policy
regarding the purchase of security consumables and equipment, and
how your company would ensure good value for money is achieved.
Please outline the procedure for replacement of faulty items.

8. Security scanning equipment rental 20 10

8.1 Please detail the specifications of the security screening equipment 10 5


mentioned in section 3.1.3 that your company will make available for
EMA under this contract.

8.2 Please state how long will it take to have the rented equipment
delivered, tested and operational after receiving a request from the
Agency..
10 5

TOTAL 600 300

16.2. Price

Only those tenderers which have obtained the stipulated minimum score shall be evaluated for price
and thus for award of the contract.

Price shall account for 40% of the weighting for this procurement procedure. There are a total of 400
points for price award criteria, broken down as follows:

380 points – Price award criterion A

20 points – Price award criterion B

The award criteria for price award criterion A shall be evaluated according to the following formula:
Lowest price x weighting for price award criterion A (380 points)
Tenderer’s price

For the purposes of evaluation ”price” in this formula shall be the grand total of the scenario for price
criterion A in the costing sheet in Annex II calculated to two decimal places.

This scenario is indicative only for the purposes of evaluation and is not binding on the Agency as a
future purchase but uses prices which shall be those charged by the tenderer if a contract is awarded.
The award criteria for price award criterion B shall be evaluated according to the following formula:

Lowest % mark-up x weighting for price award criterion B (20 points)


Tenderer’s % mark-up

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For the purposes of evaluation ”% mark-up” in this formula shall be the mark-up percentage on
purchase of security consumables and ancillary equipment from price criterion B in the costing sheet in
Annex II calculated to two decimal places.

Tenderers’ attention is drawn to Article 23 of Annex I to Regulation (EU, Euratom) 2018/1046 of the
European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general
budget of the Union, concerning abnormally low tenders.

All of the information in the costing sheet (Annex II) is in a Microsoft Excel file with multiple sheets,
with calculations included. This means that totals are automatically calculated. Please note that these
are complex sheets and care should be taken when inserting figures.

Completion of financial schedules using the spreadsheets provided is mandatory as they are designed
both to assist the tenderers in bidding, as well as the Agency when evaluating. It is also important that
the formatting of the spreadsheet is not amended and the financial information is submitted in
its initial format (Microsoft Excel 2010). All financial schedules must be completed in full, otherwise
the tenderer shall be eliminated.

The points awarded for price award criterion A and points awarded for price criterion B shall be added
together to arrive at a total of points awarded for price.

Price award criteria * Maximum


points
available

1. Man guarding applicable rates (part of price award criterion A)

2. Man guarding scenario (part of price award criterion A)

2. Technical Surveillance Counter Measures scenario (part of price award 380


criterion A)

3. Security scanning equipment rental scenario (part of price award


criterion A)

4. Security consumables and equipment mark-up (price award criterion B): 20

Total 400

In response to Annex II the tenderers must also include an attachment with the unit price list for the
extra services mentioned in their response to quality criterion no. 3 of the Technical Specifications. The
respective price list will not be used for evaluation purposes but will be legally binding for future
purchases.

* Prices tendered in response to Annex II (including any attachments) are legally binding.

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16.3. Total points for award criteria

Following evaluation of price, the points for the qualitative award criteria and the points for price shall
be added together to arrive at a grand total to two decimal places.

17. Tender to be submitted


Tenderers must submit the following:

Documents required

Letter enclosing the tender on the official letter headed paper of the tenderer and signed by an
authorised representative of the tenderer.

A completed tenderer information sheet and declaration on tender submission – Annex I.

A detailed financial tender using the costing sheet attached in Annex II, and exclusive of VAT,
signed by an authorised representative of the tenderer. In response to Annex II the tenderers must
also include an attachment with the unit price list for the extra services mentioned in their response
to quality criterion no. 3 of the Technical Specifications (point 16.1).

A completed declaration relating to exclusion and selection criteria – Annex III.

A completed minimum technical requirements declaration – Annex IV.

A completed subcontractors form if applicable– Annex V.

A completed checklist – Annex VI.

Documentation requested to enable assessment of Award Criteria (section 16.1).

A completed declaration on health and safety - Annex IX.

Evidence of Selection Criteria (sections 13.2; 14.2 and 15.2).

Documents mentioned as supporting evidence in Annex III (documents which cannot be submitted
within the submission deadline must be provided as soon as possible thereafter).

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