Umowa na dostawę, wdrożenie i utrzymanie oprogramowania płacowego dla Działu Zasobów Ludzkich Vivalia

✓Technical capacity is demonstrated by at least two references of payroll software contracts with Belgian public hospitals, currently in execution (software delivered) and with implementation dates per hospital mentioned, complemented by a structured reference table and detailed reference sheets.

❓The text does not explicitly set turnover or insurance thresholds in the excerpts, but it clearly frames the need to prove economic and technical capacity via the DUME and, where appropriate, via third-party capacity commitments (Annexe B).

✓Concerning the scope of the contract, the input indicates that the object of the market is the provision, implementation, parametrization, training and maintenance of a payroll and HR management software for Vivalia’s Human Resources Service.

✓Bastogne, Bertrix), with the detailed technical specifications to be defined in the CDC.

✓The duration is explicitly set at 7 years, justified as a derogation from the standard 4-year limit due to the software’s normal economic life and the time required for implementation, training and piloting.

✓As such, the contract covers the complete life cycle from deployment to operational maintenance within the Vivalia health network; quantities are expressed through reference requirements, such as the need to prove deployments on organizations with sizeable workforces and complex payroll management.

✓Questions from candidates must be asked via the E-Notification platform up to at most ten days before the deadline for submitting participation requests, and candidatures must be lodged exclusively via BOSA e-Procurement; paper or email submissions are explicitly forbidden.

✓On award criteria and weighting, the text distinguishes the selection phase from the award phase.

⚠During selection, if more than three candidates meet the qualitative criteria, they are ranked out of 100 points by using objective limitation criteria: (such as) number of comparable references in the Belgian hospital/health sector (60 points), size and complexity of organizations equipped (20 points, based on the largest workforce managed: thresholds from <1,000 up to >5,000 workers), and information security and regulatory compliance (20 points, e.g.

✓ISO 27001 or equivalent (7 pts), documented GDPR compliance (7 pts), and secure hosting with documented continuity/recovery plan (6 pts)).

✓The three highest‑scoring candidates are invited to submit offers; ties for third place are broken first on the number of comparable references, then on size/complexity scores.

✓In the award phase (CDC), the contract is granted to the “offre économiquement la plus avantageuse” based on defined attribution criteria with weights: price (TVAC) 40%, software quality 20%, compatibility with accounting software 10%, compatibility with time‑tracking software 10%, and pilotage/reporting/ETP‑cost analysis 10%.

✓Regarding risks and special conditions, the documents describe extensive exclusion grounds and control mechanisms.

✓Candidates may be excluded for mandatory reasons (such as participation in a criminal organization, corruption, fraud, terrorism, money laundering, child labour/trafficking, and illegal employment of third‑country nationals) or optional grounds (e.g. serious professional misconduct, major or persistent failures in previous public contracts leading to termination or damages, breach of environmental/social/labour law, conflicts of interest, distortion of competition).

✓Specific Belgian national exclusion grounds (e.g. illegal employment infractions under Belgian remuneration and foreign workers legislation) must be declared in section D of the DUME.

✓The guide also mentions “mesures correctrices” or self‑cleaning possibilities, except where a final judicial exclusion decision exists or where tax/social obligations remain unpaid.

✓Subcontracting risks are addressed via part II, section D of the DUME (subcontractors whose capacity is not used) and by requiring separate DUMEs for any third entities whose capacities are invoked (section C) and binding commitments (Annexe B) obliging such entities to actually execute the parts for which their references are used; third parties contributing economic/financial capacity are jointly and severally liable in execution.

✓While penalties, guarantees and offer validity are not detailed in the excerpts, they are explicitly said to be set out in the Cahier des charges under “Modalités contractuelles d’exécution”.

✓As to contradictions or corrections, the text mainly clarifies how generic DUME templates interact with specific requirements in the Guide de Sélection, thereby resolving potential ambiguities.

✓For example, the standard DUME allows an operator to state globally that it meets selection criteria, but the guide explicitly requires candidates not to rely solely on that global indication and instead to complete specific fields of sections B and C in part IV.

✓Similarly, although the general DUME form indicates that only some exclusion sections may be relevant, the Guide de Sélection specifies that all sections A–D of part III must be completed and that section D “Motifs d’exclusion purement nationaux” is indeed applicable for the Belgian illegal employment ground.

✓Another apparent discrepancy is in the scoring breakdown: the detailed grid in Annexe C refers to 60+20+20 points (total 100), while elsewhere the text briefly cites 60, 25 and 15 points; it is apparent that the detailed annex (60/20/20) should prevail as the operative scoring scheme, as it is the structured evaluation grid reserved for the contracting authority.

✓Where generic DUME instructions say that part V (reduction of candidates) may need to be completed, the Guide de Sélection instead explains the limitation mechanism via the reference-based scoring and does not require candidates to fill part V; thus, for this particular procedure, the guide’s specific instructions take precedence over generic DUME text.

Answers on the required criteria

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

❓As to securities such as bid bonds, performance guarantees or warranty guarantees, the provided text does not specify that any such financial securities are required at the request-to-participate stage, nor does it describe their amounts, form or deadlines.

❓There are references to general “modalités contractuelles d’exécution” being set out later in the cahier des charges, but the excerpted Guide de sélection and DUME do not indicate any obligation to provide a bid bond or performance/warranty guarantee at this point.

❓Thus, based on the input text alone, no specific securities are required or detailed.

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

✓Regarding subcontracting and the use of third-party capacities, subcontracting is allowed under defined conditions.

✓Such as: if the candidate relies on the capacities of other entities to meet economic/financial or technical selection criteria (article 78 of the 17 June 2016 law, article 73 AR 18 April 2017), this must be declared in Part II, Section C of the DUME (“recours aux capacités d’autres entités”).

✓Each such supporting entity must submit its own DUME with Parts II (A and B) and III completed, and must sign a specific commitment (Annexe B) to place its capacities at the disposal of the contracting authority; if it provides economic/financial capacity, it is jointly liable for contract execution; if it provides technical capacity (references), it must itself perform the part of the contract linked to its references.

✓Subcontractors whose capacity is not used for selection must be disclosed in Part II, Section D of the DUME (“Informations relatives aux sous-contractants aux capacités desquels l’opérateur économique n’a pas recours”), and if explicitly requested, their identification and exclusion information must be provided as well.

Is there a site visit, and is attendance mandatory? If so: when?

❓As to a site visit, the documents provided do not mention any visit to premises, demonstration session or physical meeting that would qualify as a “visite de site”, nor do they state any obligation to attend such a visit.

❓The background remarks only refer to the electronic nature of the procedure (coffre-fort électronique on BOSA eProcurement) and the two-phase structure, but give no date or condition for a mandatory or optional site visit.

❓On the basis of the text supplied, no site visit is organised or required.

In which language must the tender and the supporting documents be submitted, and are documents in other languages accepted?

✓Concerning language requirements, the Guide de sélection and the DUME request form are drafted in French and the DUME service URL is called with “lang=fr”.

✓Such as: the instructions say candidates must complete the “demande DUME” as published by the adjudicateur on e-Procurement, and all annexed forms (formulaire de demande de participation, annexes B and C) are in French.

❓However, the excerpted text does not explicitly state “the tender must be in French” nor does it describe whether documents in other languages are accepted with translation.

✓From the available content, the working language of the procedure appears to be French in the Belgian context, but no explicit multilingual policy or acceptance of other languages is detailed in the provided passages.

How long is the bidder bound by the tender (validity period), and is there a deadline for bidder questions? If so: until when?

❓As for how long the bidder is bound by the tender (validity period) and the deadline for bidder questions, the input text specifies only the question deadline.

✓Such as: questions and remarks must be submitted via the E-Notification platform, and candidates may submit them “au plus tard dix jours avant la date limite prévue pour la remise des demandes de participation”; the contracting authority reserves the right not to answer late questions and will respond via the forum where possible.

❓There is no mention in the excerpts of an offer validity period or binding period for the tender; that aspect is likely covered in the cahier des charges or the contract conditions, but it is not contained in the provided text.

Further details

✓The input text concerns a Belgian public procurement procedure launched by INTERCOMMUNALE VIVALIA for the supply, implementation and maintenance of a payroll and HR management software (Marché n°1/036/2026).

✓It is a “procédure concurrentielle avec négociation”, run via the Belgian federal e-procurement platform (BOSA eProcurement / e-Notification).

✓The perspective is clearly that of Belgian public procurement law (loi du 17 juin 2016, arrêté royal du 18 avril 2017), with Belgium explicitly mentioned as the country of the contracting authority and the applicable legal framework.

✓The background of the documents shows that the procedure is divided into two phases: first, candidates submit a request to participate (including the DUME/ESPD and selection documents), and then only selected candidates (soumissionnaires) are invited to submit an offer based on the full cahier des charges.

✓The Guide de sélection explains the use of the European Single Procurement Document (DUME), the exclusion grounds, and the qualitative selection criteria, especially technical references in the Belgian hospital/health sector, which are scored to shortlist three candidates.

✓It also clarifies that all candidatures must be submitted electronically via BOSA eProcurement; submissions by email or paper are expressly forbidden.

✓The text repeatedly refers to “voir l’avis de marché” for the exact deadline for receipt of candidatures.