Warsaw, 08/05/2015
OPEN TENDER: Frontex/OP/166/2015/JL
Multiple framework contract with reopening of competition for the provision of Aerial
Surveillance Services Assets and Expert Support under two lots:
Lot 1: Maritime Area Aerial Surveillance
Lot 2: Land Area Aerial Surveillance
Clarification Document No. 2 – issued on 08.05.2015
Answers to the Requests for Clarification received from potential tenderers in the Informative
Meeting 24.04.2015
European Agency for the Management
of Operational Cooperation
at the External Borders of the Member States
of the European Union
www.frontex.europa.eu
Plac Europejski 6
00-844 Warsaw, Poland
Tel. +48 22 205 95 00
Fax +48 22 205 95 01
OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential
tenderers in the Informative Meeting 24.04.2015
Question 1:
Is it possible as a consequence of the special meeting of the European Council (23.04.2015) regarding the
recent events on the Mediterranean that the service will be deployed earlier than in the next 6 months?
Answer 1:
In principle not, public procurement has strict time requirements and the conclusion of the current
framework contract should follow them.
Question 2:
Question about the Beyond Line of Sight: In your answer about the cost (in Clarification Document No. 1,
Question 7) you answered that it [transmission] is not [required] 24/7. But 1 hour is not the same as 3 hours,
the satellite link is very expensive if you need HD video. So can you be more precise about what you want
the satellite link for? If you just need it for the use of coordinates it could be less expensive?
Question 3:
I would like to expand the previous question: We can offer everything from a picture to a full HD, but the
price of the satellite link is not controlled by us. We can offer the full HD capability with that price or just
a picture on that price so it is not fully in our hands, it also [depends on] what you want. Consequently, we
asked a question about 24/7. If you want that we can provide an image anytime, we need to reserve a
bandwidth, because again, if on day X we are intercepting something and we need to transmit it, we need
to have access to the bandwidth. It might not be available if you don’t do prearrangements. And that drives
the cost, if you want us to have that capability 24/7, to be able to send [data] anytime.
Answer 2&3:
On the question of Frontex requirement for BLOS transmission, Frontex requires it when a BLOS situation
arises during the execution of a mission. The transfer of data will include full motion video (as defined in
Terms and Definitions of Tender Specification-Annex 1) when the tactical situation requires it. The service
provider should have the capacity to access BLOS link for communication purposes, but not continuous BLOS
video transmission will be required 24/7. During the evaluation to enter the Framework Contract, Frontex
will assess the solution proposed by the bidders to access and use BLOS links.
Question 4:
Question about the satellite link: Are you interested in images and data when the Aircraft is Beyond the
Line of Sight? Why have you declared a satellite link [in the ToR]? Is it a requirement? Because we can use
other, cheaper technologies than a satellite link to provide also images or data Beyond Line of Sight.
Answer 4:
The requirement “Satellite Broadband” in Tender Specifications (Annex 1, General Requirements, 6.4.3,
communications section) should be read as “Beyond Line of Sight Broadband”. During the evaluation to
enter the Framework Contract, Frontex will assess the availability, reliability, and expected performance
of bidder solutions to access and use a broadband BLOS link (e.g. satellite, or alternatives …).
Question 5:
May I speak about the Line of Sights and the ability to understand what is the spectrum available, because
that may change from country to country? If the contract is called down from a framework the contractors
will have to negotiate access to frequency for the transmission of Line of Sights. That may take time. It also
may change from Member States to Member States. So the expectations that aircraft can simply arrive and
start transmitting relatively quickly or display the capability may be compromised because of the official
processes, access to viable spectrum that may mean that each and every time when there is a change of
the Operating Area the microwave equipment and the transmission frequencies might be very different and
therefore have to be changed. Is it possible within your background work to try to identify a common
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OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential
tenderers in the Informative Meeting 24.04.2015
frequency so that if aircraft are going to be operating with different coordinating centres, everybody is
working to the same spectrum?
Answer 5:
On the question of having a common frequency to access LOS communication in different countries of
deployment, no common frequency can be established as the situation differs between Service Deployment
Areas. During the evaluation to enter the Framework Contract, Frontex will assess the expected
performance of each bidder solution to create and use a LOS link.
Question 6:
Question about minimum number of flight hours provided in the scenario of 100 hours that shows the
minimum there: What happens if the flight hours are 150 hours due to the operational needs? Will Frontex
pay additional cost beyond the limit?
Answer 6:
On the question of the number of flying hours, the bidders should use the 100 hours of the corresponding
‘cost scenario’ to prepare their bid to enter the FWC. Number of flying hours for future Specific Contracts
inside the Framework can vary, cost will be assessed by Frontex at the time of evaluating bids for each
Specific Contracts.
Question 7:
On one hand you are saying that the financial proposal is binding but on the other hand you are saying that
it is hypothetical. So is it binding or is it hypothetical? I mean if you require for a specific contract a mission
which is as shown [similar to the scenario for entering the FWC], the proposal that we are presenting now
for the FWC is going to be binding for that specific mission? And the same goes for the price?
Answer 7:
On the question on whether the financial proposal to enter the FWC will be binding for future Specific
Contracts, the answer is negative. Bids to enter the FWC should make a financial offer reflecting their real
costs for the relevant ‘cost scenario’. Financial proposals presented for future Specific Contracts inside
the Framework will be assessed by Frontex at the time of evaluating bids for each Specific Contract.
Question 8:
In one of the presentation slides you mentioned the base airports. Will we get any support from Frontex
when it comes to the selection of the airport or in general talking about infrastructure? Do we need to take
care of the hangar in order to organise it or is there any support coming from you?
Answer 8:
On the question on availability of logistic support in the base airports, for the ‘cost scenario’ to enter the
FWC, the contractor should cover all the deployment logistics by itself. For future specific contracts, once
inside the FWC, Frontex may be able to provide some logistic support in specific Service Deployment Areas
through the host country. Nevertheless, this cannot be guaranteed and is not relevant at this stage for
preparing the bid to enter the FWC.
Question 9:
In order to gain 10 points in the communication (Technical evaluation for entering the FWC) what do we
have to do, can we name the equipment for LoS and say [indicate a timeframe] that in one year we will be
able to have the BLoS?
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OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential
tenderers in the Informative Meeting 24.04.2015
Answer 9:
On the question of what communication suite will have the maximum scoring in the evaluation, Frontex
will evaluate all ‘existing’ capabilities in each of the bidders’ platforms. It is not a question what
capabilities a bidder could have in the future, rather what can the bidder deploy today in the ‘cost
scenario’ of the corresponding lot proposed in the Technical Specifications Annex 1.
Question 10:
I would like to ask if the budget is fixed or it can be increased during the 4 years of the authorisation of the
contract. Let’s say that there’s a crisis situation and all the budget has been spent in one year or one and a
half, can the budget be extended?
Answer 10:
For the moment, the budget is as it has been stated in the tender documentation. The possibility for
increasing budget has already been incorporated in the tender dossier, and, if such a need arises, it could
be conducted as a negotiated procedure with all the framework contractors, requiring approval of
increasing the ceiling by all the companies that are in the FWC.
Question 11:
Question related to mission planning: By reading the documentation I understand that there can be missions
which will be planned one week in advance or so, but there might be other type of missions which are
unexpected and the service provider can be called one day in advance or something like that. Will this be
addressed in a specific contract?
Answer 11:
On the question of what will be the timeline for the execution of the missions within a service, this
information will be detailed in the requirements for the Specific Contract, the issue is not relevant for the
preparation of the bid to enter the FWC, where the bidders should follow the proposed cost scenarios.
During the implementation phase, Frontex will establish specific contracts based on a planning that may
vary depending on Frontex operational needs.
Question 12:
About the mission planning again: I don’t know if you planned to have f. ex. a weekly meeting for scheduling
the flights, and if so, is it expected that someone from the company will attend the meeting?
Question 13:
[Continuation to the previous question:] But this interaction will be directly with the pilot or with the point
of contact, which can be a different person and located in a different place and not located in the host
country? Or will this also be addressed in a specific contract? I am asking this because to have a person
deployed to be in these meetings, to be a point of contact, creates a cost. Can we assume at the moment
that a pilot or members of the crew will attend the meetings if it is required?
Answer 12&13:
On the questions related to interaction between the service provider and the operational users of the
service, there will be a host country member nominated as a point of contact for the service provider. The
Coordination Centre of the host country will use the service provider’s asset just as one asset more in their
operations. As a consequence it has to be integrated into the planning and normally there will be a
continuous interaction with the Coordination Centre. For the ‘cost scenarios’ planning and costing
calculations, bidders may consider that the Host Country Coordination Centre is collocated with the Base
Airport.
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OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential
tenderers in the Informative Meeting 24.04.2015
Question 14:
If it comes to best price or best value, what is the truth [the criteria for awarding the contract]?
Answer 14:
The award criteria for entering the FWC are indicated in Annex 1 to the Tender Dossier (quality/price ratio
60/40).
Question 15:
I don’t know if it is right moment to ask the question now, it is again about the basic operating weight. We
don’t understand how this operating empty weight could be evaluated or compared? Weight is not always
related to endurance, weight is not always related to noise. The performance of the aircraft has nothing to
do with the operating weight so we don’t understand how operating weight will be an evaluation criteria?
Answer 15:
Frontex uses empty operating weight as a criteria for selecting the most adequate range of asset to its
specific operational requirement, irrespective of endurance or noise.
Question 16:
How are the 20 points in the Reporting capability (Technical evaluation for the award of specific contracts)
divided between different (BLOS and LOS) capabilities?
Answer 16:
That are criteria for Specific Contracts evaluation and the split will depend on the particular conditions of
the prospective Specific Contract.
Question 17:
4 years is quite a long time. Is it possible to change the aircraft within the FWC, maybe we might develop
something better?
Answer 17:
Improvement of the aircraft payload, communications, and mission support is one of Frontex expectations.
Aircrafts and equipment are expected to be at the same or better level than the equipment with which
the service provider succeeded entering the FWC.
Question 18:
About the fuel costs, which is quite a cost driver: Will these be covered by Frontex in the specific contracts
later on or do we have to do it by ourselves, as the price might differ?
Answer 18:
The contractors have to bear these costs by themselves.
Question 19:
In the Tender Specifications point 6.4.3. it is indicated that there may be instances when we have to carry
Frontex officials or a national border guard officials as passengers as a part of a mission. Can Frontex confirm
that the bidders will require to hold a valid air operations certificate in accordance with the Regulation (EC)
965/2012 in order to comply with the requirements?
Answer 19:
The bidders must hold the necessary certificates to carry out flights in all airspaces, in full compliance
with existing legislation.
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OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential
tenderers in the Informative Meeting 24.04.2015
Question 20:
Related to qualifications, the pilot’s certification or qualification: Could you be more specific, because this
is not aerial civilian activity? F. ex. pilot of an airliner has probably a long experience as a pilot but not
experience in search and rescue. And a military pilot can be the best candidate, he has military certification
but not a civilian one, he probably has a private pilot licence but not a commercial one. Will you be more
specific about these requirements? Will different types of certifications of a pilot be acceptable?
Answer 20:
Pilots’ certification must allow them to fly the aircraft in all airspace categories and all flight conditions.
Question 21:
I have another question related to the required experience: You ask for 3 years of experience. We have
operated several times jointly with governmental aerial services, can we join civilian service also for this
contract? Is consortium allowed also if one player [a member of the consortium] is a governmental agency?
Answer 21:
A consortium is allowed regardless the private or public character of the consortium partners.
Question 22:
What is the expected lap time between request for proposal and when the service gets into force?
Answer 22:
The first service call under the FWC is expected mid-September 2015. The lap time between the signature
of the Specific Contract and the starting time of the delivery of the service will be specified in that
Contract. Typically such a period would be 4 weeks. However, under specific circumstances that period
may need to be shortened.
Question 23:
If you choose 5 companies to provide services [within the FWC] and there is a need, can they provide services
simultaneously?
Answer 23:
All the companies that enter the FWC for a specific lot will be addressed with a request for offer within
their lot, only the best offer will be selected for conclusion of a specific contract. Aerial Surveillance
Services provided under different Specific Contracts could be running simultaneously.
Question 24:
Must a consortium taking part in the tender be formed when entering the FWC?
Answer 24:
Frontex should know at the moment of opening the offers if it is provided by a sole company or by a
consortium. Still, the consortium does not have to be formed formally at the moment of submitting the
offer. There should be at least an act of intention available at the moment of submission of tender, but
the formalities of establishment of a legal consortium could be conducted later, after decision of awarding
that consortium a contract.
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OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential
tenderers in the Informative Meeting 24.04.2015
Question 25:
Can a consortium formed for the FWC be changed for a specific contract?
Answer 25:
No, only consortia recognized during the evaluation to enter the FWC will act later on specific contracts.
Question 26:
Related to the ITAR: There is a sentence that no ITAR assets may be used. What does it mean, no ITAR? Must
all [assets] that we propose be ITAR free? If we obtain an ITAR allowance and all permissions from the US
can we use it?
Answer 26:
Equipment integrated in the provider platforms should not be subject to any restriction of use for the
provision of this Framework services derived by exporting rules of the United States.
Question 27:
Can the attendance list of the informative meeting be made public?
Answer 27:
No, it cannot.
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