Published notice: Open invitation to tender no. 2586 (D - Munich)

The provision of translation services to be performed at the contractor's premises. The EPO will make available batches of titles and/or written opinions related to Patent Applications. The text will be in digital format and the batches will be transferred in electronic format.

  1. Awarding Authority:

    The European Patent Organisation (EPO) through the European Patent Office: Headquarters, Erhardtstrasse 27, D-80469 Munich, Postal address: EPO, D-80298 Munich.

    The European Patent Organisation is an intergovernmental organisation set up pursuant to the European Patent Convention which entered into force in 1977. At present it has 38 Member States (Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Republic of Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom). The executive body of the EPO is the European Patent Office which is charged with the searching and examination of European patent applications and the granting of European patents. It employs approximately 6700 staff at EPO headquarters in Munich, a branch at The Hague/Rijswijk (NL) and sub-offices in Berlin and Vienna (the number of Member States and staff members indicated may change).

  2. Award procedure:

    International open invitation to tender with discretionary award of contract.

  3. Description of the contract:

    1. Purpose of the contract:

      The provision of translation services to be performed at the contractor's premises. The EPO will make available batches of titles and/or written opinions related to Patent Applications. The text will be in digital format and the batches will be transferred in electronic format.

    2. Division into lots:

      • Lot 1 – Translation of patent application titles relating to Euro-PCT files from English into German (public data).
      • Lot 2 – Translations of patent application titles relating to EP files from the English, French or German source language into the two remaining official languages, i.e. English, French or German (confidential data).
      • Lot 3 - Translations of written opinions of search reports regarding the patentability of an invention from English into Dutch (confidential data).

      Bidders may bid for one lot, for several lots or all lots.

    3. Volume of work

      In 2017 the services involved translation of some 85.000 (eighty-five thousand) Euro-PCT titles, some 60.000 (sixty thousand) EP titles and some 750 (seven hundred and fifty) written opinions. Estimates for the future are very speculative, since many parameters are involved. More information can be obtained from the Procurement Documents.

    4. Any deposits and guarantees required:

      Not applicable.

    5. Main terms concerning payment:

      Invoicing shall be done monthly following full acceptance of the completely delivered batches. Invoices are to be paid by the EPO within 30 days of acceptance.

    6. Qualifications required by law:

      Not applicable.

  4. Place and period of performance:

    1. Place at which the contract is to be performed:

      1. The work shall be performed at the contractor's site provided that he meets the security and other EPO requirements specified in the Procurement Documents.
      2. The Contractor may only subcontract obligations under this Agreement in whole or in part, if the EPO has expressly approved hereof in writing prior to the subcontracting.
    2. Duration of contract or time limit for delivery or completion of services/work:

      Five years.

  5. Variants:

    Proposals for variants which fail to meet any minimum requirements laid down in the Procurement Documents and/or the effect of which would be to reduce significantly the rights and/or safeguards of the EPO, are not allowed.

  6. Requests for the Procurement Documents and receipt of bids:

    1. Name and address of department from which the Procurement Documents and clarification of the Procurement Documents may be requested:

      European Patent Office
      PD48 Central Procurement
      Tender No. 2586
      80298 Munich - Germany

      E-mail: mntenderclarifications@epo.org

      Procurement Documents will be forwarded upon written or e-mail request.

    2. Final date for receipt by the EPO of requests for the Procurement Documents:

      09.03.2018, 12.00 hrs (CET)

    3. Final date for receipt by the EPO of requests for clarification:

      21.03.2018, 12.00 hrs (CET)
      Questions must be submitted by e-mail.

    4. Final date for receipt of bids/number of copies to be sent:

      06.04.2018, 14.00 hrs (CEST)
      Bids must be submitted in signed paper original plus an electronic version of all documents on a data-carrier.

    5. Address to which the requests for clarification and bids must be sent:

      As in point 6(a).
      Please submit requests for qualification in writing, preferably by e-mail.
      Please submit bids by post only and not by e-mail. Bids submitted by or e-mail will be excluded.

    6. Language or languages in which requests for clarification and bids must be drawn up:

      English. The Procurement Documents will be available in English only.

  7. Legal form of the grouping in the event of a joint bid:

    Each bidder (natural or legal person) may submit only one bid, either independently or jointly with others. If several bidders submit a joint bid, one must be designated as prime contractor responsible for performance of all the obligations under the contract.

  8. Information and evidence concerning the bidder's financial and economic standing and technical and professional competence:

    • Customer references showing the bidder's experience with contracts of a similar size and nature.
    • Evidence of the bidder's Quality Management System (QMS) in place and operational in line with the requirements of the European Standard EN 15038:2006 (mandatory).
    • Information about the bidder's security plan concerning both data security and physical conditions of the bidder's premises.
    • Information about the bidder's annual turnover in translation services during the last year.
    • Bank references.
  9. Period during which the bidder is bound by his bid:

    Six months following the final date for receipt of bids indicated in point 6(d).

  10. Criteria for the award of Contract:

    The contract shall be awarded to the bidder whose bid is to be preferred having regard to the bidder's ability to meet the requirements of the EPO to be measured by:

    • The quality of translation demonstrated in the translation of the samples, which will be sent to the interested bidders with the Procurement Documents. (25%)
    • The prices offered in the Offer Form. (25%)
    • The bidder's experience with contracts of a similar size and nature. (25%)
    • The bidder draft security plan. (25%)

    Please note that the EPO will award any lot or combination of lots to (a) bidder(s) in a way that the expected value of the awarded contract over the initial term of three years, does not exceed 25% (twenty-five percent) of bidders latest annual turnover in translation activities; this ratio is a mandatory requirement.

  11. Other information:

    1. Translations for all three lots may originate from all areas of technology of the International Patent Classification (IPC). The list below indicates the eight main sections of the IPC:

      • A -Human necessities
      • B -Performing operations; Transport
      • C -Chemistry; Metallurgy
      • D -Textile; Paper
      • E -Fixed constructions
      • F -Mechanical Engineering
      • G -Physics
      • H -Electricity
    2. The contractor, including his personnel, shall provide the translation services in strict confidentiality.

    3. Contract award is expected to take place in the second half of June 2018.

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