Online Brand Protection Service

Lyhyt kuvaus

Veikkaus is requesting tenders for an Online Brand Protection Service (BP SaaS). Veikkaus will select one supplier to provide the service.

The offered solution shall be a fully functional BP SaaS provided as a service according to the requirements and descriptions set out in the Call for Tender documents.

The scope and goals of the BP SaaS procurement comprise a comprehensive solution that enhances Veikkaus' ability to monitor, detect, stop, and eventually decrease the incidence of trademark infringements online. The solution should support both manual and automated monitoring, and automated enforcing, ensuring timely and effective responses to detected trademark infringements.

The agreement does not grant the supplier an exclusive right to provide the Service to Veikkaus.

Menettelyn tärkeimmät piirteet

1. GENERAL

The legislation concerning the public procurement is applied to the procurement. Type of
procedure is open procedure.

2. CONTRACT NOTICE

A contract notice has been published on the website www.hankintailmoitukset.fi and
http://ted.europa.eu. The contract award notice shall be published after the award decision.

3. SUBMITTING THE TENDER AS A GROUP OF ECONOMIC OPERATORS AND
SUBCONTRACTING

The tenderer may submit the tender as a group of economic operators. In this case,
however, it is required that the enterprises that belong to the group undertake with joint
liability to fulfill the obligations and responsibilities of the contract. If the group is awarded
with the contract, all group members shall sign the contract. The members of the group
may not be changed during the procurement procedure or contract period.

The group and the supplier with subcontractors is required to have the technical, economic
and financial and other capacities to provide the goods and services in accordance with the
contract for the whole contract period. During the tender competition and during the
contract period, the supplier may be requested to provide proof on commitments and
contracts that they have made with the notified subcontractors and which may affect the
supplier’s capacity to meet the obligations of the contract. The group may be requested to
provide corresponding proof on how the relationships between the members of the group
have been arranged.

If the tenderer uses subcontractors, it shall be responsible for the work of its subcontractors
as of their own work. If the tenderer participates in the procurement process independently,
using the services of its subcontractors as a part of its tender and being responsible for
their work, the tenderer must state in the Subcontractors form how the subcontractor
participates in producing the service.

During the contract period, replacing subcontractors is possible only if it does not result to
significant or material changes of the contract, and only with the consent of the contracting
authority.

4. USING RESOURCES OF OTHER ENTITIES

The tenderer or a group of economic operators may use the resources of other entities to
fulfill the requirements of the invitation to tender without taking into account the legal nature
of their relationship. The resources of other entities must be de facto at the disposal of the
tenderer or the group of economic operators during the procurement process and the
contract period.

Such resources may include, for example:
1) Relying professional experience of other economic entity, which for example belong to
the same group of companies, provided that this entity is named in the tender as a
subcontractor for the tenderer or the group of economic operators, and it de facto
participates in supplying the service;
2) the use of other company's personnel to fulfill the requirements concerning professional
qualifications, provided that these persons de facto participate in supplying the service;
3) resources concerning economic and financial standing;
4) resources concerning technical capabilities, provided that such resources are de facto
utilized to fulfill the requirements of the procurement.

5. PROCESSING OF TENDERS

5.1 SUITABILITY OF TENDERS

Before the tenders are processed it shall be assessed whether the tenderers meet the
technical, professional and economic and financial requirements presented in clause/form
"Exclusion and suitability (ESPD)". The tenderer’s suitability shall be examined using the
information provided in the tender, other financial statements (if separately requested) and
the information available from risk rating reports.

Tenderers who do not meet the minimum requirements set in the Call for Tenders shall be
excluded from the tender competition.

A tenderer who has been convicted of or in which any person with powers of
representation, decision making or control has been convicted of an offence as referred in
EU Public Procurement Directive 57 article, section 1 or to extortionate work discrimination
as stated in the Criminal Code of Finland, chapter 47 section 3(a) shall also be excluded
from the tender competition. A tenderer to whom a criterion for exclusion as referred to in
Public Procurement Act may also be excluded from the tender competition.

5.2 COMPLIANCE OF TENDERS WITH THE CALL FOR TENDERS

The solution and services tendered shall comply with the content of the Call for Tenders
and its annexes. All the requested information and required annexes must be annexed to
the tender. In examining the compliance of the tender the tender is assessed based on the
entire content of the tender.

Tenders that are not in compliance with the Call for Tenders or in accordance with the
conditions of the tendering procedure shall be excluded from the tender competition.

5.3 EVALUATION OF TENDERS

The evaluation of the tenders shall be made according to chapter "Grounds for decision".

5.4 AWARD DECISION AND ITS NOTIFICATION

The award decision shall be sent for the information of all the tenderers via email. The
contract does not come into force as a result of the notification of the decision, but requires
a separate written contract.