Souscription d'subscriptions à une application de veille documentary collaborative en mode « SAAS »

✓Access‑right (exclusion) conditions cover mandatory grounds (e.g. criminal organisation, corruption, fraud, terrorism, money‑laundering, child labour, illegal employment of third‑country nationals) and fiscal/social debts; bidders with tax/social debts above EUR 3,000 are excluded unless they have a strictly respected payment plan or offsetting certain receivables, and may regularise within five working days once notified.

✓Optional exclusion grounds include breaches of environmental, social or labour law, bankruptcy or similar states, serious professional misconduct, anti‑competitive collusion, non‑remediable conflicts of interest or distortions of competition, serious or persistent past performance failures, serious false declarations or attempts to unduly influence the contracting authority.

✓Deadlines and procedural dates are managed entirely via the Belgian e‑Procurement platform.

✓Such as: questions must be asked only through the e‑Procurement forum by the date indicated on the platform; offers must be submitted electronically via the platform before the ultimate date and time specified there; no offers via e‑mail are allowed and no late offers are accepted.

✓The deposit report (offer, annexes, ESPD) must bear a qualified electronic signature from persons authorised or mandated to bind the bidder, and any modification or withdrawal of an already introduced offer must also follow Article 43 of the Royal Decree of 18 April 2017 and be signed electronically, otherwise the change/withdrawal is null.

✓Offers are binding for 180 calendar days from the day after opening of tenders.

✓The text also stresses that any special mandate must pre‑exist before opening of offers and that late ratifications or post‑factum mandates cannot validate an improperly signed offer.

✓Award criteria and weighting are clearly defined.

✓Such as: the contract is awarded to the economically most advantageous offer, with three criteria: price (40/100), functional needs (55/100) and renewable energy (5/100).

✓Price is scored via a formula comparing each bidder’s total TVAC price (based on unit prices times maximum number of subscriptions per user profile) against the lowest valid price.

✓Functional needs are scored on an ordinal scale (from “non‑existent” to “very good”) based on how the solution meets each detailed functional requirement in annex F.2; a minimum of 3/5 is required for the offer to be regular.

✓The renewable energy criterion rewards bidders whose servers run partly or fully on renewable sources, evidenced by guarantees of origin, energy consumption reports or transparent information about infrastructure energy use; scores range from 0 to 5 points depending on the share of renewables.

✓The contract goes to the bidder with the highest overall score, subject to verification of ESPD declarations and selection criteria compliance.

✓Risks and special conditions are extensively covered in execution clauses.

✓Such as: there is no performance bond, but there are strengthened penalty provisions, with explicit derogations from standard articles 45 and 154 of the 2013 execution Royal Decree.

✓For each delay in performance, an automatic lump‑sum delay penalty of EUR 100 per calendar day applies, without prior notice or procès‑verbal; additional “straffen/pénalités” and possible “réfaction” for quality shortfalls may also apply.

✓The framework has a four‑year duration with yearly price revision permitted based on the Agoria Digital wage index (or analogous index for foreign contractors), subject to limits and formal request procedures.

✓Subcontracting is allowed but regulated: bidders must indicate which part of the contract will be subcontracted and provide data on subcontractors; if relying on other entities’ capacities (including subcontractors), they must specify the portion concerned and provide written commitments proving those means will be available.

✓There are also special obligations on conflicts of interest (e.g. revolving doors restrictions regarding recent ex‑employees of SPF Finances), compliance with environmental, social and labour law by both main contractor and any subcontractors, mandatory use of the PEPPOL network for invoicing, annual advance billing rules for licences/subscriptions, and exclusive jurisdiction of Brussels courts with French or Dutch as procedural languages.