Extension of IBM Datastage licenses for the period 2027

✓The weighting is: price 60%, calculated using the formula 60 × (amount of lowest tender / amount of tender), and “technical competence and quality of the service” 40%.

❓This quality criterion is split in two 20% sub‑elements: (i) the experience and available knowledge of the proposed IBM InfoSphere DataStage Server and Parallel version consultants (version 11.7 or higher), evidenced by CVs and/or certifications/minimum knowledge levels; and (ii) the organisation and quality assurance of the service, such as procedures to log and follow up bugs and incidents, the availability of technically skilled consultants on working days 8:00–17:00, and the ability to provide first‑line support and bug registration/escalation to IBM in Dutch.

✓These qualitative elements must be described in Stuk 4 and are expressly used to score the 40% quality criterion.

✓Risks and special conditions include, such as: a mandatory performance bond (borgtocht) of 5% of the contract value excl.

✓VAT, to be provided within 30 days after contract award in one of the forms allowed by the KB Uitvoering and evidenced to the authority; contractual sanctions in case of poor or non‑conforming performance (general penalties under art. 45–46/1 KB Uitvoering) and delay penalties calculated under art. 154 KB Uitvoering; possible contract revision for unforeseeable circumstances (art. 38/9–38/11 KB Uitvoering) when the economic balance is disturbed by at least 15% in advantage or disadvantage of the contractor; strict obligations on confidentiality and GDPR; mandatory use of Dutch for all communication and for first‑line support; and a strict non‑discrimination and anti‑social‑fraud clause regarding treatment of staff and third parties.

✓Subcontractors are allowed but must not be subject to exclusion grounds; their details and the subcontracted part must be indicated in the offer form.

❓The binding period of tenders is 120 calendar days from the day after the deadline for receipt of offers; the authority may negotiate with one or more bidders, in phases, and request regularisation of substantive irregularities (but not late bids).

✓Questions on the tender documents must be submitted by e‑mail at the indicated addresses no later than 5 calendar days before the offer deadline; there is no mention of a mandatory or optional site visit.

❓The documents contain some internal inconsistencies requiring clarification, such as: the cover page describes an “Openbare procedure voor diensten”, while section 2.2 states that the procedure is a “onderhandelingsprocedure zonder voorafgaande bekendmaking” based on art. 42, §1, 1°, a) of the 2016 Act; and section 4.8.1 states that the maintenance is paid after the start of the contract but says the invoice may be submitted “ten vroegste … na 1 januari 2026” although the contract period is 2027, which strongly suggests a typographical error where 2026 should read 2027.

❓In the absence of an explicit correction (for example via an official Q&A/nota van inlichtingen), Belgian practice is that the authority’s later clarifications and the more specific clause normally prevail; here, bidders should treat the detailed legal/technical clauses and the defined 2027 contract period as leading, but should in any case formally ask the contracting authority (within the question period) to confirm the correct procedure type and invoice start date so that the Q&A becomes part of the binding contractual documents.