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Invitation For Expressions of Interest
Invitation For Expressions of Interest
PUR1705/03
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Information Technology,
Business Process Optimisation,
and Outsourcing Programme
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1. INTRODUCTION
The European Bank for Reconstruction and Development (the "Bank" or “EBRD” ) is an international financial
institution. The Bank was established by treaty in 1990, with its headquarters in London, to foster the transition
towards open market oriented economies and to promote private and entrepreneurial initiatives in Central and
Eastern Europe, the Baltic States and the Commonwealth of Independent States that are committed to and
applying the principles of multiparty democracy, pluralism and market economics.
The Bank has 67 members (65 countries, the European Union and the European Investment Bank). Further
information about the Bank's role and activities can be found on the Bank's website: www.ebrd.com.
Provided as Annex One to this IEoI is Pre-qualifiaction Questionnaire number one (“PQQ One”) for the first
tranche of services to be tendered under the Programme.
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o Provide flexible and scalable IT services to meet changing EBRD IT demands, and IT, key
function and business knowledge retention.
o Maintain flexibility and encourage healthy competition among suppliers.
o Business Process Outsourcing.
o Provide Robotics Process Automation advisory.
o Advanced Data and Analytics offering.
4. PROGRAMME STRUCTURE
Under the Programme, the EBRD intends to issue a number of tenders. Aside from those services covered in
Annex One - PQQ One, subsequent tenders will not be advertised on the Bank’s website but will be provided
directly to Registered Suppliers. It is anticipated that the Programme will cover the following services.
The number and content of these tenders is subject to change and some may be broken up into indivdual lots.
However at this stage it is anticipated that they will be structured as follows.
• RFP One: Enterprise computing, end user services and network management.
• RFP Two: IT security services.
• RFP Three: Application development and maintenance services.
• RFP Four : Business process optimisation.
The RFPs will be issued and awarded sequentially. The successful supplier in any RFP (or lot therein) will be
required to sign a master services agreement containing a mechanism which would result in the delivery of
additional incremental savings in the event that they are awarded further services under the Programme.
5. ELIGIBILITY RESTRICTIONS
There are no eligibility restrictions to becoming a Registered Supplier. Registered Suppliers are not expected to
be able to deliver all of the above referenced services. However the Bank reserves the right to validate that
suppliers have background and capability in delivering some or all of the services prior to accepting their
request to be a Registered Supplier. Please note that participation in the tenders issued under the Programme
will be subject to meeting the minimum requirements and the specific conditions relevant to that specific tender.
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7. EXPRESSION OF INTEREST RESPONSE TEMPLATE
Company Information
Headquarters Location
Areas of Capability
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Annex One - Prequalification Questionnaire No. 1
Qualified respondents to PQQ One will be invited to provide a response to the first request for proposals (“RFP
One”) issued as part of the Programme.
RFP One will require Suppliers to respond to a detailed requirements document in a formal proposal that will
address EBRD service requirements for the following identified service areas.
EBRD expects that Suppliers be committed to providing IT services in accordance with the following
requirements:
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Annex One - Prequalification Questionnaire No. 1
3. TIMETABLE
EBRD reserves the right to change this schedule and will notify applicable Suppliers engaged in the process of
any changes to the schedule as required.
5. SUBMISSION INSTRUCTIONS
Please be aware that Suppliers are required to submit a response to PQQ One electronically in line with the
timetable provided in section 3. Responses shall consist of the following:
Note: Suppliers shall use this exact template in the form provided. Suppliers shall not modify the template. Only
provide responses where indicated.
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Annex One - Prequalification Questionnaire No. 1
6. PRE-QUALIFICATION QUESTIONNAIRE
Part A: Mandatory Organisation Information
Company Information
Headquarters Location
FTEs
FTEs
FTEs
FTEs
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Annex One - Prequalification Questionnaire No. 1
FTEs
FTEs
Client List
Subcontractor Notification
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Annex One - Prequalification Questionnaire No. 1
The Service Provider agrees that EBRD data processing will be performed
from within EBRD Member Countries (As defined in ‘Appendix 3. EBRD
Member Countries’) or non-Member Countries by agreed exception with
EBRD
The Service Provider agrees that EBRD data storage will be held at all
times on servers based within the US or European Union
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Annex One - Prequalification Questionnaire No. 1
The Service Provider agrees that EBRD data processing will be performed
from within EBRD Member Countries (As defined in ‘Appendix 3. EBRD
Member Countries’) or non-Member Countries by agreed exception with
EBRD
The Service Provider agrees that EBRD data storage will be held at all
times on servers based within the US or European Union
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Annex One - Prequalification Questionnaire No. 1
Lot Lot
Yes No
Number
Description
These Bidder Lots are non-binding and EBRD reserves the right to change and select the final Services
Areas to be awarded under contract.
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Annex One - Prequalification Questionnaire No. 1
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PQQ One - APPENDICIES
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Annex One - Prequalification Questionnaire No. 1
1. This Non-Disclosure Agreement (the “Agreement”) is entered into between the European Bank for
Reconstruction and Development, an international financial institution established under public
international law pursuant to the Agreement Establishing the European Bank for Reconstruction and
Development, a multilateral treaty dated 29 May 1990 (the “Agreement Establishing the Bank”), with
headquarters located at One Exchange Square, London EC2A 2JN, United Kingdom (hereinafter referred
to as the “EBRD” or “Bank”), and [COMPANY NAME], whose address is [ADDRESS] (hereinafter
referred to as the “Company”). The EBRD and the Company are hereinafter also individually referred to
as a “Party” or collectively as the “Parties”.
2. The EBRD is requesting a proposal for the provision of IT managed services (the “Assessment”). In this
regard, the Parties are willing, subject to execution of this Agreement, to exchange certain non-public,
proprietary data or information relating to the Assessment either in written, electronic or oral form (the
“Information”).
3. In consideration of either the Company or the EBRD providing the Information to the other Party, the
other Party hereby acknowledges, agrees and undertakes the following:
(a) to treat as confidential all Information about the Assessment which is made available to it by the
other Party which is clearly marked “Confidential”, “Official Use”, “Restricted”, “Highly
Restricted” or with some other clear confidentiality designation and to use it for the sole purpose
of the Assessment. Each Party will provide Information to the other Party so identified only if it
in good faith reasonably believes that it has the right and authority to disclose such Information to
the other Party;
(b) EBRD makes no representation or warranty, expressed or implied, and accepts no responsibility
of any kind, with respect to the completeness or accuracy of the Information or the reasonableness
of any assumptions included in the Information or any opinion expressed therein;
(c) the Information is made available by either the Company or the EBRD to the other Party on a
confidential basis and may be provided only to the receiving Party’s directors, officers,
employees, duly authorised agents and representatives and sub-contractors who need to have the
Information for the purpose of the Assessment and who are fully informed of the confidential
nature of the Information. In the case of Information being made available to any of the
Company’s sub-contractors pursuant to this provision, the Company shall procure that each such
sub-contractor signs a non-disclosure agreement substantially on the same terms as this
Agreement before any Information is disclosed;
(d) it shall not, and shall procure that none of its directors, officers, employees, agents,
representatives or sub-contractors shall, without the disclosing Party's prior written consent, use
the Information other than for the purpose of the Assessment (or for such other specific purpose
as may be specified in writing at the time of disclosure by the disclosing Party) or disclose any of
the Information to any third party;
(e) all Information (regardless of the form or media) shall be and remain the property and, as
applicable, archives of the disclosing Party. In sharing the Information, the EBRD does not waive
the archival inviolability of the Information;
(f) following completion of the Assessment or if either the Company or the EBRD decide not to
proceed further, it will cease to use the Information and any document, data or other media
prepared by or for it on the basis of the Information or otherwise provided to it by the disclosing
Party and, upon the disclosing Party's request, either promptly return to the disclosing Party all
the Information provided in written form or destroy or (to the extent technically practicable)
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Annex One - Prequalification Questionnaire No. 1
permanently erase all the Information provided in written or electronic form, in each case, save to
the extent that it is required to retain copies of any such Information by applicable law or
regulation or, in accordance with the Company's internal policy, as a proof of disclosure of any
such Information (in which cases, for the avoidance of doubt, any such Information so retained
shall continue to be kept confidential subject to, and in accordance, with the terms of this
Agreement); and
(g) the Company further undertakes that, without the prior written consent of the EBRD, neither it
nor its directors, officers, employees, agents, representatives or sub-contractors shall use EBRD's
name or the EBRD logo in any public announcements, promotional, marketing or sales materials
or in any way whatsoever.
(i) which is marked ‘Public’ or is now or hereafter publicly available other than as a result of a
disclosure in violation of this Agreement;
(ii) which the Parties already had in their possession prior to the disclosure of such Information by
either the Company or the EBRD to the other Party;
(iii) which the Parties agree may be disclosed in connection with the Assessment; or
(iv) which, subject to the privileges and immunities of the EBRD, the Parties are required to disclose
by action of any court, tribunal or regulatory authority or by any requirement of law, legal
process, regulation, governmental order, decree or rule.
5. The obligations and undertakings contained in this Agreement enter in force on the date of this
Agreement and shall remain in force for a period of 5 years from the date of disclosure of the
Information.
6. The EBRD and the Company are under no commitment or obligation to enter into any future contract in
relation to the Assessment by entering into this Agreement.
7. Neither Party shall represent itself as the agent or legal representative of the other Party for any purpose
whatsoever and it shall not have any right to create or assume any obligations of any kind (express or
implied) for and on behalf of the other Party in any way whatsoever. This Agreement shall not
constitute, create, or give effect to, or otherwise imply a joint venture, partnership, formal business
organisation or engagement of any kind, nor shall it constitute, create, give effect to, or otherwise imply
an agreement to agree or an obligation or commitment on the part of the EBRD or the Company to
negotiate in good faith with the other party or to submit a proposal to perform or enter into a contract.
8. The terms of this Agreement are not intended to be enforceable by any third party.
9. This Agreement shall be construed in accordance with English law. Any non-contractual obligations
arising out of or in connection with this Agreement shall be governed by and construed in accordance
with English law.
10. Any dispute, controversy or claim between the EBRD and the Company arising out of, or relating to this
Agreement or the breach, termination or invalidity hereof or any non-contractual obligations arising out
of or in connection with this Agreement which cannot be amicably settled, shall be settled by arbitration
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Annex One - Prequalification Questionnaire No. 1
in accordance with the UNCITRAL Arbitration Rules as in force and effect on the date of this
Agreement. There shall be one (1) arbitrator, and the appointing authority for the purposes of the
UNCITRAL Rules shall be the LCIA (London Court of International Arbitration). The seat and place of
arbitration shall be London, England and the English language shall be used throughout the arbitral
proceedings. The Parties hereby waive any rights under the Arbitration Act 1996 or otherwise to appeal
any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England
or elsewhere. The arbitral tribunal shall not be authorised to grant, and the Company agrees that it shall
not seek from any judicial authority, any interim measures or pre-award relief against the EBRD, any
provisions of the UNCITRAL Arbitration Rules notwithstanding.
11. Nothing in this Agreement shall be construed as a waiver, renunciation or other modification of any
immunities, privileges or exemptions of the EBRD accorded under the Agreement Establishing the
European Bank for Reconstruction and Development, international convention or any applicable law.
Notwithstanding the foregoing, the EBRD has made an express submission to arbitration under
paragraph 10 of this Agreement and accordingly, and without prejudice to its other privileges and
immunities (including, without limitation, the inviolability of its archives), it acknowledges that it does
not have immunity from suit and legal process under Article 5(2) of Statutory Instrument 1991, No. 757
(The European Bank for Reconstruction and Development (Immunities and Privileges) Order 1991), or
any similar provision under English law, in respect of the enforcement of an arbitration award duly made
against it as a result of its express submission to arbitration pursuant to paragraph 10 of this Agreement.
By:_____________________________
By:____________________________
Name:
Name:
Title:
Title:
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Annex One - Prequalification Questionnaire No. 1
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