QMMO26-4120: Fourniture d'un progiciel de comptabilité énergétique

❓However, the exact quantities (number of licenses, modules, users) and the precise contract period are not specified within the provided extracts; these are likely defined in the “bestek” TD/118138/WAF‑peki, which is referenced but not reproduced in detail here.

❓Such as regarding award criteria and weighting, the input text does not provide a breakdown of qualitative or price criteria nor any explicit weighting (e.g. % price vs quality).

✓The ESPD section on “Deel V: Beperking van het aantal gekwalificeerde gegadigden” indicates that objective and non-discriminatory criteria and rules will be applied to limit the number of candidates and that certain certificates or proof documents may be required, but their nature and relative weight are not specified.

❓Thus, although the ESPD framework is in place, the actual award criteria and scoring matrix must be sought in the separate announcement or specifications, which are referenced (“de betreffende aankondiging of de aanbestedingsstukken”) but not included in the text.

✓Such as concerning risks and special conditions, the ESPD focuses mainly on exclusion grounds and integrity issues: it lists numerous mandatory and discretionary grounds such as participation in criminal organization, corruption, fraud, terrorist offences, money laundering and financing of terrorism, child labour and human trafficking, non-payment of taxes or social security contributions, environmental, social and labour law breaches, insolvency, arrangements with creditors, comparable situations to bankruptcy, assets managed by a liquidator, cessation of business activities, distortion of competition, serious professional misconduct, conflicts of interest due to participation in the procedure, prior involvement in preparation of the tender, and past contracts terminated early or subject to damages or similar sanctions.

✓The bidder must declare whether any apply and, if so, explain “self-cleaning” measures taken.

✓Subcontracting is regulated in that the bidder must disclose planned subcontracting (where requested) and provide ESPD information for subcontractors where the authority requires it.

❓The ESPD also underlines the obligation to provide supporting documents on request, acknowledges that the authority may consult free national databases, and warns of consequences of false declarations; however, explicit penalties, performance guarantees, question deadlines, site visit obligations or bid validity periods are not stated in the provided excerpts and would need to be checked in the missing core specifications (bestek).

✓Such as in relation to contradictions or corrections within the documents, the repeated snippets show consistent content rather than conflicting instructions: the candidate form always links to the same dossier and bestek number and gives the same structure; the ESPD text is the standard EU form adapted for the Dutch language, repeated verbatim across several pages.

✓Where the ESPD mentions that some data need not be provided if national law makes exclusion mandatory and allows no derogation, that is not contradictory but a clarification.

✓No explicit internal contradictions (e.g. different instructions about the same requirement) are visible in the text provided.

Answers on the required criteria

Must securities be provided (bid bond, performance or warranty guarantee)? If so: which, in what amount and by when?

❓It also points to the ESPD/UEA form, which covers exclusion grounds (criminal offences, tax and social security compliance, insolvency, etc.) and a general confirmation that the candidate meets the qualitative selection criteria, but it does not in the provided extracts define commercial conditions such as securities, validity period of tenders or language requirements.

❓Such as, there is no clause in the ESPD or candidate form excerpts that requires a bid bond or specifies performance/warranty guarantees, no mention of a “plaatsbezoek” or “site visit”, no explicit statement that tenders must be submitted in Dutch (even though all templates are in Dutch), and no section stating for how long the bidder is bound by its tender or until when questions can be submitted.

Is subcontracting allowed? If so: with which limits and which disclosure duties?

✓Regarding subcontracting and the use of third-party capacity, the text explicitly allows these.

✓Such as, the ESPD section “C: Informatie over beroep op draagkracht van andere entiteiten” states that the entrepreneur may rely on the capacity of other entities to meet the selection criteria, provided that a separate UEA form is furnished for each such entity.

✓Furthermore, the candidate form and the “Verbintenis terbeschikkingstelling middelen” model lay down that when a candidate relies on an underaannemer or other entity, that party must sign a unilateral or mutual commitment to make the necessary resources available for the part of the contract concerned.

✓In addition, section “D: Informatie betreffende onderaannemers op wier draagkracht de ondernemer geen beroep doet” shows that the contracting authority may explicitly request disclosure of planned subcontractors even where their capacity is not used for selection; in that case the tenderer must, “voor zover bekend”, list the proposed subcontractors and provide the same ESPD information for them if asked.

✓No quantitative limits (e.g. maximum percentage of subcontracting) are stated in the excerpts, but the duty of disclosure via ESPD and commitment letters is clearly established.

Further details

✓The input text relates to a public procurement procedure in Belgium, launched by vzw Associatie KU Leuven and UZ Leuven, for the “Levering van een softwarepakket voor energieboekhouding” (delivery of an energy accounting software package), dossier QMMO26‑4120 / TD/118138/WAF‑peki.

✓The point of view is clearly that of Belgian contracting authorities operating under EU procurement rules; the Uniform Europees Aanbestedingsdocument (UEA/ESPD) is used, and EU‑wide exclusion and selection rules are referenced.

✓Countries explicitly mentioned are Belgium (as contracting authority’s country and as reference for tax/social-security context) and the Member States of the European Union (in relation to EU databases and directives).

✓The documents focus mainly on the participation phase (aanvraag tot deelname) and on how candidates demonstrate their suitability.

✓Such as, the “KANDIDAATSTELLINGSFORMULIER” requires identification of the company or combination, enterprise number, RSZ and VAT numbers, and whether the candidate relies on the “draagkracht van derden” (capacity of third parties).

❓As to the remaining requested topics—securities (bid bond, performance or warranty guarantees), site visits, language of the tender and supporting documents, tender validity period, and deadline for bidder questions—the provided text does not contain concrete rules or dates.

❓These aspects are normally defined in the “bestek” or detailed tender specifications, which are referred to (TD/118138/WAF‑peki) but not reproduced in the input; therefore, based solely on the text given, no definitive information can be extracted on securities, site visits, language requirements, validity period, or Q&A deadlines.