Contrato de servicio público para la migración del sitio web público vivalia.be, la intranet my.vivalibe.be y la extranet med.vivalia.be para el departamento de comunicación de Vivalia

✓On the scope of the contract—what, how much, where, when—the administrative part specifies that this is a service contract under CPV code 72212220‑1 (internet and intranet management software development services) for migrating and maintaining three specific portals.

✓Quantities and price structure are captured in the bordereau and inventory (e.g. total HTVA and TVAC for 4 years).

✓Execution must start within 30 working days of market notification.

✓The contract lasts 4 years, during which maintenance services must be delivered; all travel and on‑site interventions are deemed included in the price.

✓Award criteria and weighting are clearly set out.

✓The contract is awarded to the “offre économique la plus avantageuse” based on: (such as) 60% “aspect technique” and 40% price TVAC.

✓The technical aspect is evaluated via a detailed technical analysis grid in the technical part of the tender; for each item, offers are ranked and receive points according to their rank (1st: 100%, 2nd: 70%, 3rd: 40%, 4th: 10%, 5th and below: 0%), then normalized to 60 points.

✓Price is scored on 40 points using the formula 40 * (lowest net price / price of the offer analysed), comparing TVAC amounts.

✓Variants and free options are expressly forbidden; no authorised or required variants or options are provided.

✓Risks and special conditions include several elements.

✓There is a mandatory performance guarantee (“cautionnement”) of 5% of the total order price HTVA, to be constituted within 30 calendar days of market notification and justified within 30 days following the purchase order for the relevant tranche.

✓Failure to constitute the guarantee leads to formal notice and, if not remedied within 15 days, either automatic constitution by deduction (with a flat penalty of 2% of the tranche amount) or application of measures of office.

✓The adjudicator is fully and solely responsible for all performances, including those of subcontractors; subcontracting does not limit liability, and Vivalia can require replacement of any person deemed prejudicial.

✓Delays in execution trigger late penalties under article 123 of the AR 14 January 2013; non‑respect of deadlines stated in the tender and the offer leads to an “amende de retard”.

✓Price revision is foreseen using an indexation formula based on the Belgian “indice santé”: P = Po x (0,2 + 0,8 I/Io).

✓Questions must be asked exclusively via the eProcurement Q&A forum, opened the day after publication and closed at the latest 10 days before opening of tenders; after closure, no questions are accepted.

❓There is no site visit mentioned; instead, the bidder is deemed to have understood the geography of sites and all necessary travel is included in the price.

✓Litigation must be preceded by formal notice, and unresolved disputes go to the courts of the judicial district of the Province of Luxembourg.

✓The contracting authority may renounce the market or restart the procedure without indemnity for bidders.

✓As for contradictions or corrections within the documents, the tender explicitly defines an interpretation hierarchy: in case of contradiction, the administrative part of the cahier des charges prevails over the technical part.

✓Additionally, the RGPD annex specifies that its provisions prevail over conflicting clauses in the principal contract(s), except where those contracts expressly refer to a specific derogation.

✓Clauses in the general documents also state that they take precedence over bidders’ own general terms and conditions.

✓Modifications to the contract without a new procedure are strictly regulated and framed by the AR 14 January 2013 (such as: services complémentaires, événements imprévisibles, remplacement de l’adjudicataire, “de minimis” rule, non‑substantial modifications), with explicit 50% caps on price increases per modification and definitions of what is considered substantial.

✓Where statements differ on issues of IT standards or data protection, the dedicated annexes (Standards IT, RGPD rules) apply as binding frameworks; the RGPD document states its obligations continue beyond the end of the contract and that it prevails unless the main contract expressly derogates.