Full-service Delivery for User Moderation of Content on an Artistic Application (app) in all EU Languages

Kurze Beschreibung

The procurement as outlined in more detail in the service description (Part B of the tender documents) is for the full-service delivery for user moderation of content on an artistic application (app) in all EU languages, under the artistic direction of Olafur Eliasson Future GmbH (SOEF).

Beschreibung der Beschaffung

The procurement as outlined in more detail in the service description (Part B of the tender documents) is for the full-service delivery for user moderation of content on an artistic application (app) in all EU languages, under the artistic direction of Olafur Eliasson Future GmbH (SOEF). The moderator shall, on the basis of a framework agreement, be responsible for evaluating flagged content and unpublishing it if necessary, assisted by tech tools in the system's back-end provided by SOEF. Unpublishing removes the content from the app. It will be carried out by the moderator following the community guidelines (CG). The moderator must specify a clear and logical reason from the CGs for each message that is unpublished. In addition to reviewing for CG adherence, the moderator will also be responsible for reviewing general content to collect exemplary messages for artistic purposes. The content should be moderated by a native speaker of the language of each message. The moderator will also be responsible for giving SOEF weekly summary of the moderation activities. All communication with SOEF and the system's back-end will be in English.
The value of the present tender is — significantly — below the relevant EU threshold. Accordingly, the present notice has been published voluntarily. The aim is to create the highest possible degree of competition. As a consequence, however, the legal regime for procurement procedures above the EU thresholds does not apply. This applies, in particular, to the possibilities of taking legal action against the procurement procedure or the award decision, respectively. Sections 155 et seq. of the German act against restraints of competition (Gesetz gegen Wettbewerbsbeschränkungen — GWB) do not apply.

Liste und kurze Beschreibung der Bedingungen

1) Self-declaration confirming that no grounds for exclusion apply in accordance with Section 31 UVgO in conjunction with Sections 123 and 124 GWB (to be submitted as form Annex A.1 and Annex A.2).
2.1) Proof of entry (e.g. certificate or excerpt) in the trade register of the state in which the tenderer is established. The proof may not be older than 6 months at the expiry of the time limit for the submission of tenders. If a tenderer is not required to be registered in a professional or trade register under the law of the state in which he is established, he must make a self-declaration on this and on the reasons (e.g. the legal status). For the member states of the European Union, the respective professional or trade Registers and the certificates or declarations of professional practice are set out in Annex 11 to directive 2014/24/EU; if a proof of entry is issued only once according to the legal framework of the state in which the tenderer is established it is admissible to submit an older proof under the condition that the circumstances are explained by the tenderer.
2.2) Alternative proof: provided that the tenderer is not registered in the trade register, alternative proof of suitability to pursue the professional activity (e.g. entry in a partnership or association register, membership in a business association). Supplementary documents (e.g. certificate or excerpt from the trade register) are to be enclosed as separate documents to the tender.
3) Meaningful company presentation with reference to the subject of the contract (user moderation), the general service portfolio, the main areas of activity of the last 3 years and experience in cooperation with public clients and user moderation of app content.

Liste und kurze Beschreibung der Auswahlkriterien

1) Total turnover (to be submitted as form Annex A.3): annual turnover in EUR (net), based on the last 3 financial years before the expiry of the time limit for the submission of tenders;
2) Specific turnover (to be submitted as form Annex A.4): annual turnover in relation to the scope of the contract (user moderation) in EUR (net) in relation to the last 3 financial years before the expiry of the time limit for the submission of tenders.

Liste und kurze Beschreibung der Auswahlkriterien

1) Suitable references (to be submitted as form Annex A.5) for previously executed contracts in the form of a list of the services provided in the last 3 years before the expiry of the time limit for the submission of tenders, including the following information:
— description of the services provided, their nature, extend and difficulty, including an indication of the number of staff employed,
— order value in EUR (net),
— performance period,
— declaration on the performance of the services as contractor, subcontractor or member of a consortium,
— competent contact person with the client.
2) Declaration (to be submitted as form Annex A.6) on the average annual number of permanent employees of the tenderer and the number of executives in the last 3 years before the expiry of the time limit for the submission of tenders.

Bedingungen für die Teilnahme (technische und berufliche Fähigkeiten)

1) At least two references must be proven covering services that are comparable in terms of type, scope and difficulty with the services of the contract to be awarded here. A reference is comparable in type, scope and difficulty with the services of the contract to be awarded here if the following two criteria are completely fulfilled:
— projects that moderated content of digital platforms,
— projects were across several languages, countries and cultures.
Comparability must be verifiable on the basis of the information provided by the tenderer.

A. The value of the present tender is — significantly — below the relevant EU threshold. Accordingly, the present notice has been published voluntarily. The aim is to create the highest possible degree of competition. As a consequence, however, the legal regime for procurement procedures above the EU thresholds does not apply. This applies, in particular, to the possibilities of taking legal action against the procurement procedure or the award decision, respectively. Sections 155 et seq. of the German act against restraints of competition (Gesetz gegen Wettbewerbsbeschränkungen — GWB) do not apply.
B. Several tenderers may form a bidding consortium (to be submitted as form Annex A.7). In the case of a bidding consortium, all documents listed under section III.1.1) must be submitted by all members of the bidding consortium. The documents listed under Section III.1.2) and Section III.1.3) may be submitted for the bidding consortium as a whole.
C. A tenderer/bidding consortium may provide for the execution of parts of the contract by subcontractors within the meaning of Section 26 (1) UVgO. In this case, the tenderer/bidding consortium shall specify the party of the contract which it intends to subcontract to other enterprises. In addition, the tenderer/bidding consortium must name and address the intended subcontractors in the tender (to be submitted as form Annex A.8) and submit the documents referred to in section III.1.1) for the respective subcontractor. The awarding authority reserves the right to request the submission of a letter of commitment (Verpflichtungseklärung) within the meaning of Section 26 (1) UVgO before awarding the contract. If the tenderer/bidding consortium intends to use the capacities of subcontractors with regard to economic and financial as well as technical and professional capacity, (C) shall also apply.
D. A tenderer/bidding consortium may, with regard to the required economic and financial as well as technical and professional capacity, make use of the capacities of other companies — including subcontractors within the meaning of section 26 (1) UVgO (cf. section 34 UVgO). In this case, the tenderer/bidding consortium must name and address these other enterprises (third parties) in the tender (to be submitted as form Annex A.9) and submit all of the documents specified in section III.1.1) for these third parties. The tenderer/bidding consortium must submit the documents listed under section III.1.2) and section III.1.3) for these third parties to the extent that the tenderer/bidding consortium makes use of the capacities of the third party with regard to the required economic and financial and/or technical and professional capacity. Furthermore, the tenderer/bidding consortium must submit a signed declaration of commitment (to be submitted as form Annex A.10) from each of the named third parties with the tenderer's offer.
E. The tender must be accompanied by a signed self-declaration that the prerequisites for exclusion pursuant to section 19 (1) MiLoG (to be submitted as form Annex A.11) of the tenderer or each member of the bidding consortium are not met. The contracting entity reserves the right to request third-party certification of the absence of grounds for exclusion under (1) to (3) above if doubts arise as to the accuracy of the self-declarations and to request additional information from the central trade register pursuant to section 150a GewO (Trade Regulation Act) or the competition register at any time.

Genaue Informationen über Fristen für Überprüfungsverfahren

The value of the present tender is — significantly — below the relevant EU threshold. Accordingly, the present notice has been published voluntarily. The aim is to create the highest possible degree of competition. As a consequence, however, the legal regime for procurement procedures above the EU thresholds does not apply. This applies, in particular, to the possibilities of taking legal action against the procurement procedure or the award decision, respectively. Sections 155 et seq. of the German act against restraints of competition (Gesetz gegen Wettbewerbsbeschränkungen — GWB) do not apply.