Warsaw, 12/05/2015
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. 4 – issued on 11.05.2015
Answers to the Requests for Clarification received from potential tenderers
OPEN TENDER: Frontex/OP/166/2015/JL
Answers to the Requests for Clarification received from potential tenderers
Question 1: Annex I – Tender Specifications - Ad hoc Payload: “…combination of sensors, precise
requirements will be identified in each specific request….”; Is it correctly understood that FRONTEX aims
to configure the sensor payload specifically on a case by case basis for each specific contract? In order to
avoid Non Recurring Cost such as change development or Re-Certification, it is recommended to fix at least
a set of payloads, otherwise reference Cost Scenarios cannot be fixed and Frontex would have from mission
to mission Non Recurrent Cost loading. Can Frontex provide a set of payload requirements?
Answer 1:
Frontex expects bidders offering payloads fulfilling service requirements. Basic payload for Lot 1 consist of
radar, camera, AIS receiver, communication, and mission support (last item could be in a ground station).
Basic Lot 2 payload is camera, communications, and mission support (last item could be in a ground station).
Question 2:
Is there a technical or operational interface to EUROSUR mission / system planned?
Answer 2:
This question is not relevant to this tendering procedure.
Question 3.
Annex 1 – Tender Specifications - 6.2 defines Sept. 2015 for starting date of specific contract. What shall be
the start date of operation under the specific contract? When shall the first operational flight occur?
Answer 3:
Point 6.2 of the Annex 1 does not define September 2015 as starting date of the first specific contract; it is
just an indicative plan of the implementation of the FWC, which is not binding on Frontex and may be
adapted during the contractual period. Therefore the start date of the first operational flight under the
concluded FWC is not yet known.
Question 4.
Annex 1 – Technical Specifications - 6.4.4 Will Frontex supply access to military airports (also deployment
and local infrastructure)? Suppliers can only commit on Commercial Air Fields / Airports – but not military,
which might be more suitable in some cases.
Answer 4:
The contractor shall use the closest possible base airport to the SDA taking into account the operational
suitability, including airport access viability, and the existence of adequate logistic services. See also replies
to Question 9 in Clarification Document No. 1 and to Question 8 in Clarification Document No. 2
Question 5:
Will Frontex select only airports which can provide Telecommunication interfaces such as Internet access
to provide VPN to Frontex or dedicated telephone lines?
Answer 5:
The contractor, not Frontex, shall select the closest possible base airport to the SDA taking into account
the operational suitability, including available communication, and the existence of adequate logistic
services.
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Answers to the Requests for Clarification received from potential tenderers
Question 6:
What are the expected Obligations/ Deliverables of the FWC?
Answer 6:
The contract seeks to acquire aerial surveillance services, including assets and expert support, to be
performed on specific areas of the external borders of the EU.
Question 7.
What is the expected lead time between RfP for a specific contract and the start of the respective
surveillance service?
Answer 7:
Please see reply to Question 22 in Clarification Document No.2.
Question 8.
Is it possible to change the platform during the FW contract phase?
Answer 8:
Please see reply to Question 17 in Clarification Document No. 2.
Question 9:
Annex 1 – Tender Specifications - What are the expected “Asset”- and Sensor data formats (6.1, 6.5.1),
“compiled picture” agreed formats and protocols (6.4.3) to share the “situational picture” with the CC
(6.5.1)?
Answer 9:
Frontex does not prescribe any specific standard, Frontex will rather evaluate assets’ mission support
capabilities, explicitly: the capability to create and share the tactical situational picture in the Area of
Interest, typically provided to the Coordination Centre via a Web based solution.
Question 10:
Annex 1 – Tender Specifications - “Maximum” rest time between flight: Can it be that “minimum” rest time
is meant? (6.5.2 and 6.5.4)
Answer 10:
Please see reply to Question 11 in Clarification Document No. 1.
Question 11.
Frontex has not provided any interface data for the provision of the mission results to Frontex. Can Frontex
confirm that Frontex will take care for the input of the data / reports into the relevant Frontex Center
through an interface as provided by the supplier?
Answer 11:
Please see reply to question 9 in this Clarification Document no.4.
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Question 12.
Annex 1 – Tender Specifications - OoI: How does Frontex intend to compare proposals for Payload and
evaluate any compliancy if there is no definition of the Target with Length / Radar Cross Section etc.? Is
Frontex supplying any target characteristics and sensor performance requirements?
Answer 12:
Frontex deals with Objects of Interest, not targets. Typical OoI for Lot 1 are 10 meters long wooden boats,
typical OoI for Lot 2 are: single person, small groups of people and light vehicles. To perform the comparison
of payload elements Frontex will use his expertise, knowledge, own tools, and existent data/information
(technical parameters and operational performance) from both his own records and from public sources.
Question 13:
Annex 1 – Tender Specifications - 6.5.3 Planning Services, end of 1st line: Lower areas? Please explain. It is
all on the ground / sea. How to interpret lower area?
Answer 13:
‘Lower areas’ wording in Lot 2 description refers to valleys in some Green Border Areas were the prevalence
of foggy weather condition affects not only the efficiency of the surveillance but also its temporary viability.
Question 14:
Are subcontractors mentioned in the proposal considered as approved by Frontex?
Answer 14:
Subcontractors indicated in the proposal submitted for the purpose of the FWC conclusion would be
considered as approved by Frontex, provided that these subcontractors fulfilled the relevant requirements
of the tender dossier, as stated in the point 4.5 of the Annex 1 – Tender Specifications.
Question 15.
Annex 1 – Tender Specifications - For calculation purposes is it correct to assume that the areas of SDA are
limited to the external borders of the EU Member states only, as the terms of reference foresee exceptions
to that principle in 6.4.2?
Answer 15:
SDA for Frontex activities are at the external borders of the Member States of the European Union, these
areas are typically situated in the Mediterranean and in the Canary Islands.
Question 16.
Annex 1 – Tender Specifications - Have the selection criteria as per (6.7.1) be evidenced only once or each
time for any of the specific contract?
Answer 16:
The selection criteria for conclusion of the FWC are stipulated in points 6.7.1, 6.7.2 and 6.7.3 of the Annex
1 – Tender Specifications. They are to be evidenced only once, for the purpose of acceptance of the offer
for FWC evaluation procedure purpose.
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Question 17:
Annex 1 – Tender Specifications - How will acceptance be declared for the Final Service report? Specification
of reports is important.
Answer 17:
Frontex will assess the service summary report produced by the provider once all the missions under the
Specific Contract have been performed. Frontex written acceptance of this report is the formal requirement
for final service payment.
Question 18.
Annex 5 – Draft Contract - II.4.4 // II.5.3 please advise if a respective general agreement in the employee
contract and a declaration of honour to that respect is sufficient?
Answer 18:
A respective general agreement in the employee contract and a declaration of honour to that respect may
be sufficient, provided that all the requirements defined in Art. II.4.4 and Art. II.5 are met. Experience
shows that the clauses in employment contract often differ slightly from the Frontex requirements
mentioned above, it is therefore recommended to use a separate, specifically drafted documents where
necessary.
Question 19.
Annex 5 – Draft Contract - An Export license can be required by the Export Control Organization. This is
dependent on the payload and the SW in the ground station. Appropriate lead time between Specific
contract and first take off might be required. Please confirm that 1. the non award of a requested export
license is not regarded as a fault of the contractor, if he has applied for it in time, 2. that the non award of
an export license is a force majeure event.
Answer 19:
A lack of the export license cannot be regarded as force majeure. Equipment integrated in the provider
platform should not be subject to any restriction of use for the provision of this FW services derived from
export limitations.
Question 20.
Annex 5 – Draft Contract – II.14.3 2nd para does not differ between the grounds of termination. Please
confirm that compensation is only due when there is a termination for default of the contractor but not in
cases of a termination as e.g. per II.14.1 (d), (k), (l).
Answer 20:
Yes, we confirm it.
Question 21:
Annex 5 – Draft Contract - 1.9 Termination: Without being required to pay compensation is in contradiction
to II 14.3: paragraph 2: … may claim compensation for any damage….? Please explain which damage might
occur for Frontex if Frontex has no commitment on a requested minimum scope?
Answer 21:
Article I.9 aim is to make possible for any party to terminate the framework contract or a specific contract
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Answers to the Requests for Clarification received from potential tenderers
with no obligation to justify and no claim for compensation. Art. II.14.3 is not applicable in such cases. Art.
II.14.3 is applicable only in cases described in Art. II.14.1, subject to the answer No 20.
Question 22:
Annex 5 – Draft Contract - II.12: Liquidated damages, no cap! Unlimited liability are unreasonable. It must
be capped in a percentage relationship to the contract value. Usually a grace period is agreed? Please
provide the Frontex contractual intention concerning this clause.
Answer 22:
Liquidated damages are limited to the daily amount specified in the formula mentioned in Art. II.12. Besides,
the contractor will always have the possibility to terminate the specific contract on the basis of Art I.9 in
anticipating its long delay or failure to perform.
Question 23.
Does Frontex intend to order only one mission from one company for one lot? This may impact the learning
curve costs and efficiency costs for the cooperation of Frontex and the supplier team. Furthermore it may
impact one time effort cost distribution like shipment of equipment and others per service hour. Can Frontex
clarify the intention?
Answer 23:
In the Tender Specification document it is stated that a ‘service’ is the subject of a specific contract. One
service is composed of a number of flights called ‘mission’. Companies compete for the award pf Specific
Contracts, any company awarded one Specific Contract will be flying between 25 and 30 missions in,
typically, one month period from the same base airport.
Question 24.
Is the mentioned budget planned for 2 years or 4 years? Shall the flights of roughly 10 mission be done in a
2 years period? Can you please precise?
Answer 24:
The budget is planned for four years. As the estimated number of Specific Contracts per year are 5 (from
Technical Specification Document par. 6.2.) if they are evenly distributed over the FWC duration, there
would be 10 services in 2 years. In relation to the number missions, see answer to question 23 in this
Clarification Document no.4.
Question 25.
Is the mentioned budget with or without VAT and is Frontex exempted from paying VAT?
Answer 25:
The mentioned budget does not include VAT. Frontex is exempted from paying VAT.
Question 26.
Referring to the Article II.12 – « Liquidated damages » of the Draft Framework Service Contract, we
understand that liquidated damages can be imposed to the tenderer in case of failure to the contractual
obligations.
Could you clarify whether the liquidated damages will be imposed for the total duration of the FWC or only
the specific contract? How long the liquidated damages will be running? What is the upper limit for liquidated
damages?
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Answer 26:
Duration of the specific contract in question will be taken into account; duration of the FWC does not have
a legal relevance here as performance of the FWC through specific contracts is binding.
Question 27.
Tenderers are requested to propose a financial offer based on the scenario described in Annex 1 – Tender
Specifications, Art 6.5.1 and 6.5.3. Specific contract’s lump sum might be different from the FWC scenario’s
lump sum because of economic conditions evolution, fuel price inflation or any other hazards.
Therefore, is it correct to understand that it remains possible to take into account these prices evolutions
in our future proposal for specific contracts.
Answer 27:
Please see reply to Question 7 in in Clarification Document No. 2.
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