Hosting and Website Development for Unified Patent Court

Hosting and Website Development for Unified Patent Court

i. Lot 1 — Provision of an eFiling/Case Management System, ii. Lot 2 — Hosting Services, iii. Lot 3 — Website Development.

United Kingdom-Newport: IT services: consulting, software development, Internet and support

2014/S 244-430173

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

Intellectual Property Office (an operating name of the Patent Office)
Intellectual Property Office Procurement Room GY33, Concept House, Cardiff Road, South Wales
For the attention of: Mr Chris Mayers
NP10 8QQ Newport
UNITED KINGDOM
Telephone: +44 1633814276
E-mail: christopher.mayers@ipo.gov.uk

Internet address(es):

General address of the contracting authority: https://www.gov.uk/government/organisations/intellectual-property-office

I.2)Type of the contracting authority

National or federal agency/office

I.3)Main activity

General public services

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

IT-2014-062 — Unified Patent Court (UPC), Case Management System, Hosting Services and Website Development.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 7: Computer and related services
Main site or location of works, place of delivery or of performance: The principal place of performance will be at the Authority’s offices in Newport, South Wales, UK.
However for Lot 2 — Hosting Services, the service will be principally delivered from the successful supplier’s premises.
There may also be some limited requirements to perform the services overseas as part of system configuration activities prior to go-live.

NUTS code UKL

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

The UK has signed an international agreement committing to the creation of the Unified Patent Court(UPC). The Intellectual Property Office has agreed to be the Contracting Authority for the purpose of procuring a Case Management/E-filing system, hosting solution and website development.
On 19.2.2013 25 countries signed an intergovernmental Agreement (the ‘Agreement’) to create a Unified Patent Court (UPC) which will be a new specialist patents court common to participating states. This court will primarily have competence to hear disputes regarding the new Unitary Patent as well as European bundle patents granted by the European Patent Office (EPO). The Court will have a global user base. It will be an international organisation, not an EU institution, but all Signatory States will be EU Member States.
The scope of the project has been set out in European Council Document 7265/13:
i. Set up an electronic filing and case management system which must be fully accessible on line for judges and other staff of the UPC;
ii. enable secure exchange of documents and information both internally (between seats, sections, divisions, panels, judges and staff of the Registry and sub-registries) and externally (between the UPC and parties to proceedings, who should be able to file submissions and documents in electronic form);
iii. Enable public on-line inspection of certain parts of the files;
iv. Design a comprehensive court website.
With the above information in mind the Contracting Authority is seeking responses from Potential Suppliers under 3 lots. These are:
i. Lot 1 — Provision of an eFiling/Case Management System,
ii. Lot 2 — Hosting Services,
iii. Lot 3 — Website Development.
Potential Suppliers may bid for one or all of these Lots by providing responses to the Pre-Qualification Questionnaire (PQQ) contained within the Authority’s ‘e’ tendering portal; Pro Contract. No preference will be given to suppliers who bid for either a single or all lots. The objective of the Authority is to select the supplier or suppliers who best demonstrate their ability and capability to meet the Authority requirements on a lot by lot basis.

Further information regarding this procurement exercise is contained within the supporting documentation and Pre-Qualification Questionnaire (PQQ) which can be accessed via the Contracting Authority’s ‘e’ tendering portal; Pro Contract. This can be accessed by registering on the portal at:https://www.ipoprocurement.co.uk/

II.1.6)Common procurement vocabulary (CPV)

72000000, 48000000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: yes
Tenders may be submitted for one or more lots

II.1.9)Information about variants

Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
II.2.2)Information about options
II.2.3)Information about renewals

II.3)Duration of the contract or time limit for completion

Duration in months: 24 (from the award of the contract)

Information about lots

Lot No: 1Lot title: Provision of A Case Management System

1)Short description

The Contracting Authority is seeking to procure a low cost case management system that can be quickly, easily and inexpensively configured for the UPC.
With this in mind the Contracting Authority will require the successful bidder to take the lead with the configuration of the Case Management System to meet the eventual needs of the UPC.
The UPC is a ‘Start Up’ operation and the implementation of the Case management system will undertaken by the Contracting Authority using small teams working in an Agile environment. The Contracting Authority will therefore require suppliers who have experience of working in this way and can adopt a flexible approach to suit the size and scale of the UPC.
Suppliers should be aware that further support and maintenance of the system following its deployment into a ‘live environment’ will also be required.

Further information regarding this lot is contained within the supporting documentation and Pre-Qualification Questionnaire (PQQ) which can be accessed via the Contracting Authority’s ‘e’ tendering portal; Pro Contract. This can be accessed by registering on the portal at:https://www.ipoprocurement.co.uk/

2)Common procurement vocabulary (CPV)

72000000, 48000000, 72200000, 72260000, 72210000, 72500000, 72600000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Lot No: 2Lot title: Hosting Services

1)Short description

To support the Court systems the Contracting Authority requires Infrastructure as a Service (IaaS) capability, defined using the National Institute of Standards and Technology (NIST) definition:
i. Infrastructure as a Service (IaaS). The capability provided to the consumer is to provision processing, storage, networks, and other fundamental computing resources where the consumer is able to deploy and run arbitrary software, which can include operating systems and applications. The consumer does not manage or control the underlying cloud infrastructure but has control over operating systems, storage, and deployed applications; and possibly limited control of select networking components (e.g., host firewalls).
The IaaS service SHOULD be a Private cloud, as defined by NIST:
i. The cloud infrastructure is provisioned for exclusive use by a single organisation comprising multiple consumers (e.g., business units). It may be owned, managed, and operated by the organization, a third party, or some combination of them, and it may exist on or off premises.
The IaaS service COULD be a Community cloud, as defined by NIST.
i. The cloud infrastructure is provisioned for exclusive use by a specific community of consumers from organizations that have shared concerns (e.g., mission, security requirements, policy, and compliance considerations). It may be owned, managed, and operated by one or more of the organizations in the community, a third party, or some combination of them, and it may exist on or off premises.
Data Location
For security purposes it will be required that the physical data location must be within the European Economic Area (EEA).
Potential Suppliers who are unwilling to confirm that their Hosting Service meets this requirement will not be considered further.

Further information regarding this lot is contained within the supporting documentation and Pre-Qualification Questionnaire (PQQ) which can be accessed via the Contracting Authority’s ‘e’ tendering portal; Pro Contract. This can be accessed by registering on the portal at:https://www.ipoprocurement.co.uk/

2)Common procurement vocabulary (CPV)

72000000, 48000000, 72220000, 72250000, 72300000, 72500000, 72510000, 72700000, 72720000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Lot No: 3Lot title: Website Development

1)Short description

The Contracting Authority will require the successful bidder to take the lead with the development of the website to meet the eventual needs of the UPC.
More specific requirements may include:
i. Migrate the Joomla website onto the selected Supplier’s content management system;
ii. Website must be hosted on the Unified Patent Court’s IaaS;
iii. Refresh of the website design may be required;
iv. Case progress should be accessible from the web site, including dates for hearings. There are no stipulations as to how users should search for cases;
v. Unless deemed confidential, all pleadings, related documents and Court decisions and Orders ‘shall be available to the public for on-line consultation’. Suggestions on how public access to electronic documents might be provided are welcome;
vi. The web site would helpfully contain information in all official languages of the signatory states, for example on rules governing the Court, and instructions on how to lodge pleadings and documents;
vii. Conformance to Gov.uk format and style rules.
Website Translation Services
It is the expectation that this website will be accessed by users across multiple different member states, and therefore the content will be required in multiple different languages.
It has yet to be determined whether the UPC will provide this content in the languages of the member states and as such there may be a requirement for the successful bidder who is chosen to develop the website to provide content translation services.

Further information regarding this lot is contained within the supporting documentation and Pre-Qualification Questionnaire (PQQ) which can be accessed via the Contracting Authority’s ‘e’ tendering portal; Pro Contract. This can be accessed by registering on the portal at:https://www.ipoprocurement.co.uk/

2)Common procurement vocabulary (CPV)

72000000, 48000000, 72200000, 72230000, 72250000, 72400000, 72420000, 72600000

3)Quantity or scope
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

Participants will be advised if this is necessary during the procurement. You will be contacted by the Contracting Authority if financial assessments identify that a parent or other type of guarantee is required.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

No special legal form is required but if a contract is awarded to a consortium, the Contracting Authority may require the consortium to form a legal entity before awarding the contract.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: no
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Any supplier may be disqualified who:
(a) is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
(b) is the subject of proceedings for a declaration of bankruptcy, for an order compulsory winding up the administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
(c) has been convicted by a judgement which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
(d) has been guilty of grave professional misconduct proven by any means which the contract authorities can demonstrate;
(e) has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(f) has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
(g) is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information;
(h) has been the subject of a conviction for participation in a criminal organization, as defined in Article 2(1) of Council Joint Action 98/733/JHA;
(i) has been the subject of a conviction for corruption, as defined in Article 3 of the Council Act of 26.5.1972 and Article 3(1) of Council Joint Action 98/742/JHA3 respectively;
(j)has been the subject of a conviction for fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities;
(k) has been the subject of a conviction for money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10.6.1991 on prevention of the use of the financial system for the purpose of money laundering.
The Contracting Authority may take into account any of the above information however Suppliers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to a Pre Qualification Questionnaire(PQQ).
This procurement will be managed electronically via the Contracting Authority’s e-tendering Portal; ProContract. The PQQ referenced above which suppliers must respond to can be accessed via this portal.

To participate in this procurement, Suppliers must first be registered on the ‘e’ tendering portal, to do this please visit:https://www.ipoprocurement.co.uk/

Once registered, suppliers will formally be able to access the PQQ and supporting documentation which will allow them to respond with the required information upon which they will be evaluated.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: (a) appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;
(b) the presentation of balance-sheets or extracts from the balance-sheets, where publication of the balance-sheet is required under the law of the country in which the economic operator is established;
(c) a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract for a maximum of the last 3 financial years available, depending on the date on which the undertaking was set up or the economic operator started trading, as far as the information of these turnovers is available.
The Contracting Authority may take into account any of the above information however Suppliers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to a Pre Qualification Questionnaire(PQQ).
This procurement will be managed electronically via the Contracting Authority’s e-tendering Portal; ProContract. The PQQ referenced above which suppliers must respond to can be accessed via this portal.

To participate in this procurement, Suppliers must first be registered on the ‘e’ tendering portal, to do this please visit:https://www.ipoprocurement.co.uk/

Once registered, suppliers will formally be able to access the PQQ and supporting documentation which will allow them to respond with the required information upon which they will be evaluated.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
(a) a list of the works carried out over the past 5 years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and site of the works and shall specify whether they were carried out according to the rules of the trade and properly completed. Where appropriate, the competent authority shall submit these certificates to the contracting authority direct;
(b) a list of the principal deliveries effected or the main services provided in the past 3 years, with the sums, dates and recipients, whether public or private, involved. Evidence of delivery and services provided shall be given: — where the recipient was a contracting authority, in the form of certificates issues or countersigned by the competent authority, — where the recipient was a private purchaser, by the purchaser’s certification or, failing this, simply by a declaration by the economic operator;
(c) an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom the contractor can call in order to carry out the work;
(d) a description of the technical facilities and measures used by the supplier or service provider for ensuring quality and the undertaking’s study and research facilities;
(e) where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or service provider is established, subject to that body’s agreement, on the production capabilities of the supplier or the technical capacity of the service provider and, if necessary, on the means of study and research which are available to it and the quality control measures it will operate;
(f) the educational and professional qualifications of the service provider or contractor and/or those of the undertaking’s managerial staff and, in particular, those of the person or persons responsible for providing the services or managing the work;
(g) for public works contracts and public services contracts, and only in appropriate cases, and indication of the environmental management measures that the economic operator will be able to apply when performing the contract;
(h) a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the last 3 years;
(i) a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the contracts;
(j) an indication of the proportion of the contract which the services provider intends possibly to subcontract;
(k) with regard to the products to be supplied: (i) samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority so request; (ii) certificates drawn up by official quality control institutes or agencies of recognized competence attesting the conformity of products clearly identified by references to specifications or standards.
The Contracting Authority may take into account any of the above information however Suppliers will be assessed in accordance with Part 4 of the Public Contracts Regulations 2006, as amended (implementing Title II, Chapter V11, Section 2 of Directive 2004/18/EC), on the basis of information provided in response to a Pre Qualification Questionnaire(PQQ).
This procurement will be managed electronically via the Contracting Authority’s e-tendering Portal; ProContract. The PQQ referenced above which suppliers must respond to can be accessed via this portal.

To participate in this procurement, Suppliers must first be registered on the ‘e’ tendering portal, to do this please visit:https://www.ipoprocurement.co.uk/

Once registered, suppliers will formally be able to access the PQQ and supporting documentation which will allow them to respond with the required information upon which they will be evaluated.

III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Restricted

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 5: and maximum number 10
Objective criteria for choosing the limited number of candidates: The specific criteria that will be used to evaluate potential Suppliers responses to the PQQ are:
i. Provision of details regarding organisational status;
ii. Grounds for mandatory rejection;
iii. Grounds for discretionary rejection;
iv. Economic and Financial Standing;
v. Technical & Professional Ability;
vi. Quality Assurance and Internal Controls.
vii. Contract Novation and Anti Lock In Requirements
The detailed evaluation criteria and marking scheme that will be used to assess responses to the questions under the above headings can be viewed within the IPO’s ‘e’ tendering portal; Pro Contract.
Potential Suppliers should note that there are three (3) separate sets of evaluation criteria and associated questions with 1 set applicable per lot.
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

IT-2014-062

IV.3.2)Previous publication(s) concerning the same contract

no

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

Time limit for receipt of requests for documents or for accessing documents: 30.1.2015 – 12:00
Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

2.2.2015 – 12:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information

Contract Novation
As described above the Contracting Authority is undertaking this procurement on behalf of another organisation, namely the Unified Patent Court (UPC). The reason for this is that the UPC is not yet a legal entity in its own right is still to come into effect.
Exact timings of when the UPC will come into effect as a legal entity are yet to be confirmed although it expected this will be sometime during 2016. At this time it is the intention of the Contracting Authority that the UPC will take responsibility for any contracts awarded and systems developed as a result of this Procurement exercise, with contract novations to be executed to allow this. Consequently the Contracting Authority reserves the right to novate any contract awarded pursuant to this procurement to the UPC.
As such Potential Suppliers must confirm their acceptance of this by completing the relevant question within the ‘e’ tendering portal; Pro Contract.
Any Potential Suppliers who are not willing to confirm they will allow novations of contract from the Contracting Authority to the UPC will not be considered further as part of this procurement exercise.
Open ICT Procurement Procedures — Data Migration
The following information relates to software systems where the data needs to be migrated to future systems from a different Supplier
In order to ensure that a competitive procurement process can be used to select another potential Supplier after the lifetime of the solution supplied under this tender, an anti-lock-in requirement must be met.
All technical specifications, interfaces, protocols or formats implemented by the supplied solution and required for the full use of all data created or maintained using the supplied solution during its lifetime must be made available to Suppliers of equivalent technologies who may be awarded a subsequent contract, with no additional costs.
Any costs required for migration of data must be borne by the supplier of the supplied solution. Such costs may be minimised by ensuring that the supplied solution uses only, interfaces, protocols or formats that:
i. are implementable by all potential Suppliers of equivalent technologies;
ii. are developed through an open and transparent process
iii. have no restrictions on re-use;
iv. and require no payments for re-use;
Suppliers must therefore confirm their acceptance and understanding of this point or they are unlikely to be considered further.
Open ICT Procurement Procedures — Systems Migration
The following information relates to systems where the system itself needs to be maintainable by a different Supplier.
In order to ensure that a competitive tender can be used to select another Potential Supplier after the lifetime of the solution to be supplied under this tender, an anti-lock-in requirement must be met.
All interfaces, protocols or formats implemented by the supplied solution and required for the full use of all data created or maintained using the supplied solution during its lifetime must be made available to Suppliers of equivalent technologies who may be awarded a subsequent contract, with no additional costs.
Any costs required for migration of data shall be borne by the supplier of the supplied solution. Such costs may be minimised by ensuring that the supplied solution uses only interfaces, protocols or formats that:
i. are implementable by all potential Suppliers of equivalent technologies are developed through an open and transparent process;
ii. have no restrictions on re-use, and require no payments for re-use Furthermore, all documentation needed in order to provide full support for the supplied solution must be made available to any subsequent Supplier.
iii. Any costs of preparing such documentation shall be borne by the Supplier of the supplied solution.
The Contracting Authority reserves the right to cancel, amend or vary the procurement at any point prior to the award of any contract(s) and with no liability on its part.
The Contracting Authority will not reimburse any costs incurred by Potential Suppliers in connection with preparation and submission of their responses to the PQQ.
The Contracting Authority reserves the right to change without notice the procedure for awarding the Contract, to reject any or all bids for the Contract, to stop the process and not award the Contract (in whole or in part) at any time without any liability on its part. Nothing in this process is intended to form any express or implied contractual relationship between the parties unless and until a Contract is awarded. The Contracting Authority is not liable for any costs resulting from cancellation of this process nor any costs incurred by Potential Suppliers taking part in this tender process.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:

15.12.2014

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