Ref. Ares(2019)7066234 - 15/11/2019
jeudi 12 mai 2016 17:10
Reply - Doubts related with the new request Chafea/2015/health/40
Dear Bid team,
Please find bellow the answers to your questions.
If you would need further clarifications, please do not hesitate to write to us.
Chafea Health Unit Team Q2.1.a: on WP0 and stakeholder engagement
SANTE will provide the contractor with the lists of the stakeholders involved in:
(a) the Feasibility Study,
(b) the Stakeholder Consultation,
(c) contacts with SANTE during which an interest in the project has been manifested.
SANTE will also inform the stakeholders, via its website, about any prospective consultations and workshops
relating to the project. These activities are deemed to provide for the sufficient level of engagement on the
part of private parties. It must be recalled that the project has a regulatory character and the full consensus‐
based approach might not be workable given various vested interests represented by the private operators.
Please note that the specification (page 7) requires that the contractor ensures compatibility with other
regulations and requirements beyond the rules of the TPD. To meet this requirement, the contractor may
need to engage in contacts with various institutions and organisations at different stages of the project, in
particular during WP2 and WP3.
Q2.1.b: on WP1 and clarifications
The contractor's assumptions is flawed. The engagement process and the clarification contacts with pre‐
defined group of stakeholders, i.e. the respondents to the Commission's stakeholder consultation, are
different tasks. The clarification contacts do not require any earlier mapping exercise, the respondents'
identity including their contact details are known. Moreover, the clarification contacts are to be only applied
in the cases of doubts as to the respondents' views. The contractor should not assume that such contacts
will be necessary with respect to all the respondents.
Q2.2: on exclusion from future tenders
The meaning of the 'final product' term should be construed within the project's context, i.e. "the services
will support the European Commission in developing the implementing and delegated acts envisaged by
Articles 15 and 16 of the TPD"
(page 2). The Commission does not and cannot outsource the legislative
process. This being said, the contractor will not be prevented from taking part in any future tenders related
to the subject matter of the present contract provided that it will not be in a conflict of professional interest