Sovereign Tech Agency GmbH strengthens the security of open digital infrastructures. To this end, it has established various programs, including the "Sovereign Tech Resilience Program," which provides a holistic approach to protect critical digital infrastructures. This program includes, among other things, the service components 'Direct Contributions' and 'Security Audits. The services covered by this program will extended and re-awarded in two new framework agreements with a maximum contract term of four years.
The subject of this procurement procedure is the framework agreement on the services of 'Direct Contributions'. Covered with four lots, these services include the targeted technical, security-related and regulatory further development of open source software through, among other things, analyses, code changes, documentation and maintainer support. The details are set out in the service descriptions for the respective lots.
Sovereign Tech Agency GmbH has the option to extend the framework agreement three times, each time for one year.
With regard to the options for the Sovereign Tech Agency GmbH, reference is made to the tender documents and, in particular, to the framework agreement.
Reference is made to Section 14 of the Public Procurement Ordinance (VgV).
Communication shall only take place via the electronic procurement platform DTVP. .
According to Article 160, Section 3 of the German Act Against Restraint of Competition (GWB), application for review is not permissible insofar as1. the applicant has identified the claimed infringement of the procurement rules before submitting the application for review and has not submitted a complaint to the contracting authority within a period of 10 calendar days; the expiry of the period pursuant to Article 134, Section 2 remains unaffected,2. complaints of infringements of procurement rules that are evident in the tender notice are not submitted to the contracting authority at the latest by the expiry of the deadline for the application or by the deadline for the submission of bids, specified in the tender notice.3. complaints of infringements of procurement rules that first become evident in the tender documents are not submitted to the contracting authority at the latest by the expiry of the deadline for application or by the deadline for the submission of bids,4. more than 15 calendar days have expired since receipt of notification from the contracting authority that it is unwilling to redress the complaint.Sentence 1 does not apply in the case of an application to determine the invalidity of the contract in accordance with Article 135, Section 1 (2). Article 134, Section 1, Sentence 2 remains unaffected.
Bidders are not permitted to attend the opening of bids.
Sovereign Tech Agency asks - within its discretion - the bidder to submit, complete or correct documents, within the framework laid down by law (Section 56 (2) VgV).
In accordance with Sections 123,124 GWB (Act Against Restraints of Competition), Section 21 AEntG (Posted Workers Act), Section 98c AufenthG (Residence Act), Section 19 MiLoG (Minimum Wage Act), Section 21 SchwarzArbG ( Act to Combat Illegal Employment) and Section 22 LkSG (Supply Chain Due Diligence Act)
At least three references from reference provider (RP) for the performance of comparable services (technical debt covering (1) documentation, (2) process improvements (3) testing frameworks and/or (4) technical debt remediation broader technical work across diverse technologies; at least two different services must be covered across all references) since January 1, 2023, (it is sufficient that the comparable services were also provided in the reference period in the specified reference project, e.g., a reference that began on January 1, 2022, and ended on February 1, 2023, would be sufficient). Only references to audits on open source projects are permitted. Each reference must be either completed or ongoing. In the case of an ongoing reference. specifications of the planned/contractual project duration and information on the current status must be includedIt is irrelevant whether the reference provider is a public or private company. For verification purposes, the reference details must include the contact details of a responsible person at the respective company, i.e., name, telephone number, and/or email address.
Minimum requirements for each reference:
1. Since January 1, 20232. Completed and ongoing reference; if ongoing, specifications of the planned/contractual project duration and information on the current status of the reference project must be included3. The respective reference must include technical debt covering (1) documentation, (2) process improvements (3) testing frameworks and/or (4) technical debt remediation broader technical work across diverse technologies; at least two different services must be covered across all references.
Please use the relevant form "Appendix 01_Self-declarations and evidence".
If the company is registered in the commercial register or a comparable register in the country of origin, Submiission of a copy of the extract from the commercial register or equivalent proof from the respective country of origin (not older than 90 days at the time of expiry of the tender deadline) at the request of the client after expiry of the tender deadline. For foreign documents that are not written in German or English, a simple translation into German or English must be enclosed
Self-declaration regarding the company's turnover from the business area for Technical debt in the last three completed financial years.
Minimum requirementTurnover from the business area "Technical debt" (area of activity of the contract to be awarded) - average annual turnover of at least EUR 500,000.00 (net)
Self declaration to undertake to take out and maintain business liability insurance with the coverage amounts specified below in the event of an award. Insurance coverage shall be provided without restriction and in full for the entire duration of the contact.
The sum insured is available twice per annum.
Financial loss: At least EUR 1,0 million.
Reference is made to the tender documents.