NAAS pre-commercial procurement conditions ... - MITA

DEYELOPMENT OF'THE NATIONAL ECOSYSTEM FOR THE R.ECOGNITION AND ANALYSIS OF'

THE TNFORMATION EX'F'.ECT PHENOMENA (NAAS)

PRE-COMMERCIAL PROCUREMENT CONDITIONS

Contrrcting Authority (Purchaser): General Jonas Lemaitis Military Academy of Lithuania

Contact details: Contracting Authority No. I (Applicant)Gcneral Jonas Zemaitis Military Academy of LithuaniaE-mail: [email protected]

Contracting Authority No. 2 (Partner)

Mykolas Romeris UniversitYE-mail: [email protected]

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CONTENTS

I. GENERAL INFORMATIONII. OBJECT OF THE PRE-COMMERCIAL PROCUREMENTIII, STAGES, DURATION AND BUDGET OF THE PRE.COMMERCTAL PROCUREMENTIV. PROCEDURES AND TERMS OF THE PRE-COMMERCIAL PROCUREMENTV. REQUIREMENTS FOR THE PREPARATION AND SUBMISSION OF TENDERSVI. REQUIREMENTS FOR TENDERERSVII. EVALUATION OF TENDERS AND DEVELOPMENT OF THE LIST OF TENDERERSVIII. IMPLEMENTATION OF THE PRE-COMMERCIAL PROCUREMENTIX. CONTRACTS OF THE PRE.COMMERCIAL PROCUREMENTX. INTELLECTUAL PROPERTY AND PROTECTION OF CONFIDENTIAL INFORMATIONXI. SUBMISSION AND HANDLING OF COMPLAINTS

XII. ANNE)GS:ANNEX I. DESCRIPTION OF THE PRE-COMMERCIAL PROCUREMENT OBJECTANNEX 2. TECHNICAL SPECIFICATIONSANNEX 3 FORM OF THE TENDERANNEX 4. DECLARATION OF THE TENDERERANNEX 5. PROCEDURE FOR THE EVALUATION OF THE TENDERS AND RESULTSANNEX 6. DRAFT CONTRACTS OF PRE.COMMERCTAL PROCUREMENTANNEXT. DELIVERY AND ACCEPTANCE OF DEED OF THE PRE.COMMERCIAL PROCUREMENT RESULT

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I. GENERALINF'ORMATION

The pre-commercial procurement shall be carried out in accordance with the Article 15(2)(2) ofthe Law on Procurement oftheRepublic of Lithuania, Resolution No. 22 of 15 January 2020 of the Govemment of the Republic of Lithuania Regarding the

Approval of the Description of the Procedure for Procwement of Research and Experimental Development Semices (hereinafterreferred to as the Description) and these Pre-commercial Procurement Conditions (hereinafter referred to as the Conditions).Purchaser (Contracting Authority) - General Jonas Zemaitis Military Academy of Lithuania (MAL). The procurement is carriedout together with the Parfirer (Contracting Authority) Mykolas Romeris University (MRU). The Contracting Authorities are

value-added tax (VAT) payers.Terms used in the Conditions: Pre-com mercial Procu rement means a procurement of scientific researches and/or experimentaldevelopment (hereinafter referred to as the R&D) services having the codes from 73000000-2 to 73120000-9,73300000-5,73420000-2 and 73430000-5 according to the Common Procurement Vocabulary, other than those where the benefits accrue

exclusively to the Contracting Authority for its use in the conduct of its own affairs and are remunerated by the ContractingAuthority or that constitute state aid in order to develop an innovative product; R&D Tenderer (hereinafter referred to as the

Tenderer) means a provider who submits a tender for participation in the R&D pre-commercial procwement; R&D Provider(hereinafter referred to as the Provider) means a natural or legal person or a group of such persons, economic entity or its unitable to offer R&D services in the market; Coordinating Body means the Agency for Science, Innovation and Technology. Otherterms used in the Conditions correspond to the terms defined in the Description.The pre-commercial procurement shall be conducted according to the principles of equality, non-discrimination, transparency,

rationality, economy, competitiveness, proportionality, confidentiality and impartiality, innovativeness, risk-benefit sharing and

value for money.The Purchaser shall pubtish all the information about the implemented project, its aims, results and information about the funding

from the European Union Regional Development Fund on the official website (http://www.lka.lVlft ). At the

beginning of the project, at least one poster on at least A3 format will be hung in a publicly visible place presenting the

information about the project and the funding from the European Union Regional Development Funds.

II. OBJECT OFTHE PRE-COMMERCIAL PROCUREMENT

The pre-commercial procuement shall be aimed at purchasing the service Development of the National Ecosystem for lhe

Recognition and Analysis of the Information Effect Phenomeno (NAAS). The description of the pre-commorcial procurement

object is provided in the Description ofthe Pre-Commercial Procurement Object (see Annex l). The requirernents for the pre-

commercial procurement object are set forth in the Technical Specifications (see Amex 2) that the Providers can receive from the

purchaser by signing a promise of confidentiality (e-mail for inquiries: [email protected]).

6.1. Ounng ttri pioject, the Contacting Authority shall not plan to acquire equipment or licenses. Where justified and

necessary to achieve the objectives ofthe project, the provision ofsuch licenses and equipment shall be at the Tenderer's own

.*p"nr.t. risk. The aim ofthe project shall bi to develop the NAAS system and perform its testing, while its firther operation

*rdition., operating model and o.""r.rry resources shall be in oduced till the end ofthe Stage II For the evaluation ofthe

Stage II resulis (see Score Values ofthe Ii,valuation ofthe Results ofthe Stage II), the Tenderers shall provide the annual price

for the maintenance of the NAAS system. The price shall be valid for 3 years. Upon the successful completion of all the stages,

the Tenderer shall undertake to provide the NAAS support sewices at the cost ofthe support for the evaluation ofthe Stage II , ifnecessary.

62. During the Stage II, the Tenderer shall evaluate and define necessary additional human and financial resources,

qualifications, f.ocess.. and other measwes required from the Contracting Authority, potential users and third parties for the use

and maintenance of the developed NAAS systlm, including expenses related to the management of Tenderer or third parties'

intellectual property rights prior to the project and the

Considerinj tne ...rtti of the stages and seeking to g Authority

may establi-sh additional ,"*orub-l. requirementi and/or update Contracting

,uihority shall discuss additional requirements or their update approved a

respective decision, the additional requirements and,/or their updates shall be incorporated in the pre-commercial procurement

documents and all the Tenderers shall be notified.

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III. STAGES, DURATION AND BUDGET O['THE PRE-COMMERCIAL PROCUREMENT

The pre-commercial procurement shall consist of 3 stages. At the end of each stage, the Tenderers shall compete and their numbershall be reduced after each stage in order to select the Tenderers whose Tender corresponds mostly to the aims of the pre-

commercial procurementThe total duration of all the pre-commercial procurement stages shall be 24 months. For important reasons, the ContractingAuthority may extend the duration of the stages as follows: Stage I - up to 3 months, Stage II - up to 3 months, Stage III - up to 3

months

Stage Duration, monthsMaximum number of financed

TenderersStage I ( development of theconceot)

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Stage II (evaluation ofaltematives and prototy?edevelooment)

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Stage III (development ofthetest batch ofthe innovativeoroduct)

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10. Pre-commercial procurement budget - EUR 1.704.550,00 (including VAT).

Stage I (developmentand validation ofthe

conceDt)

Stage II (developmentofthe prototype)

Stage III ( developmentofthe test batch )

Budset. Eur 296.443,00 1.000.497.00 407.6 10.00Maximum fxed priceper Tendereq Eur

74 t10,'.?5 333.499,00 203.805,00

l1 Thecostsexceedingthefixedpricereferredtoinlll(10)shallbebomebytheTenderer TheTenderersofthestagesllandlllofthe pre-commercial procurement may be paid up to 30 per cent advance payment (from the maximum fixed price per Tenderer of arespective stage) in accordance with the procedure established in the contract.

12. If the Contracting Authority shall determine that the pre-commercial procurement object or its technical, functional, quantitativeand qualitative criteria do not comply with the requirements set forth in the pre-commercial procurement contraCt and pre-commercial procurement documents, the fxed price to be paid to the Tenderer or the part ofthe price financed shall be reduced inaccordance with the procedure laid down in the pre-commercial procurement contact in proportion to the obtained results or shallnot be paid if the contractual obligations are not fulfilled.

13. The costs for the development ofthe Tenderer's pre-commercial procurement result shall not be eligible under this procurement, ifthey have already been or are allocated from the Operational Programme for European Union Strucfural Funds Investnents for201+-2020 or if an application for funding under other measures of the mentioned programme has been submitted for thedevelopment of the innovative product. If it is established that the Tenderer's costs for thJdevelopment of the pre-commercialprocurement result have already been or are financed from the funds allocated for the measures ofthe Operational programme forEuropean Union Structural Funds Investnents for 2014-2020 or if an application for financing undir other measures of thementioned programme has been submitted for the development of the pre-commercial procurementiesult, the price to the Tenderershall not be paid.

14. The Tenderers who are members of the same cluster as the Contracting Authority may not participate in the procurement. Theconcept of cluster is understood as it is defined in the Oder No. 4-601 of 12 October 2}il negarding the Amendrnent of the OrderNo.4-131 of 27 February 2014'Regarding the Approval of the LithuanianCluster Developmenr Concept' of the Minister of theEconomy and Innovation of the Republic of Lithuania.

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IV. PROCEDURES AND TER"NIS OF THE PRE-COMMERCIAL PROCUREMENT

Information on this pre-commercial procurement (conditions, time limits for submission of tenders, progress of the procedure,

answers to Tenderers, winning Tenderers ofeach pre-commercial procurement, etc.), excluding confidential information, shall be

published on the offrcial websites of the Contracting Authority (htto://www.lka.lUlUtitulinis.html) and Coordinating Body

OEpg/mita.lwI)The Contacting Authority, no later than 5 working days prior to the end of the term established for the submission of Tenders,

shall have the right to update the Conditions and extend the term for the submission of Tenders. The amendments to the

Conditions shall be published in the same form and at the same place as the first version of the pre-commercial procurement

documents. The Tenderers shall be notified in writing no later than within 5 working days prior to the time limit fixed for the

receipt ofTenders.The Tenderers shall have the right, no later than within 5 working days prior to the end of the time limit fixed for the receipt ofTenders, to request from the Contracting Authority for clarification ofthe Conditions and additional information related to the

pre-commercial procuremont. In accordance with the information procedure established in the Conditions. The Pre-CommercialProcurement Commission must provide answers to the Tenderers' requests no later than within 3 working days of the receipt ofwritten requests. The Contracting Authority shall publish the answers to the Tenderers'requests but shall not specifu from whom

in particular the request for clarification was received. The answers regarding the Conditions and additional information shall be

published in the same form and at the same place as the pre-commercial procurement documents.

The Tenderers shall send their requests for clarification (specification) of the pre-commercial procurement documents to the

Contracting Authority by e-mail: [email protected]. The Tenderers shall actively ask questions or ask for clarification(specification) of the pre-commercial procurement documents immediately after acquaintance with the provisions of the pre-

commercial procurement documents. The updates of the Conditions shall be published no later than within l0 working days from

the deadline for the submission Tenders and the date of publication of the adjustments and the Tenderers who have already

submitted the Tenders shall be informed thereof.The Contracting Authority, on its initiative but no later than within 14 working days prior to the time limit fxed for the receipt ofTenders shall organize a public consultation on the pre-commercial procurement documents publishing an announcement about

that in the same form and at the same place as the pre-commercial procurement documents. A meeting with Tenderers shall be

recorded in the minutes of the meeting. The minutes shall record all the questions about the pre-commercial procurement

documents and answers to them. The minutes shall be published on the offrcial websites of the Contracting Authority(http://www.lka.lUlUtitulinis.html) and Coordinating Body (hgpi/rnjlA.lrvJO.

V. REQUIREMENTS F'OR THE PREPARATION AND SUBMISSION OF TENDERS

The time limit for the receipt of Tenders for Stage I: 27 August 2020, 10:00. The Contracting Authority shall have the right to

extend the time limit for the submission of Tenders any time till the end of the established time limit but no longer than 45

working days. If the limit for the receipt of Tenders is extended, the information shall be published on the official websites of the

Contracting Authority (http://www.lka.ltllVtitulinis.html) and Coordinating Body ftttps://mita.lrv.lt). The Tenderers shall be

notified in writing The time limits for the evaluation of the results of other stages shall be set after the evaluation of the results ofthe Stage I. The fenderers shall be notified about the time limits for the evaluation of the results of other stages by e-mail and the

information shall be published additionally on the official websites of the Contracting Authority

ft ttp://www.lka.lUlrtitulinis. html) and Contracting Body (I!!pslmita.lwJoT,@Tenderssignedwithsafee-signatureon1ybye-mail:[email protected] in a paper form or not by electroniC means specified by the Contracting Authority shall be rejected as not complying

with the requirements of the pre-commercial procurement documents.

Composition of the Tenderer's Tender:

22.1. Form ofthe Tender (see Annex 3);

22.2. Declaration of the Tenderer (see Annex 4);

22.3. Documents supporting the Tenderer's qualifications (i.e. qualifrcation requirements established in the Conditions);

22.4. Digital copy of tt. p"o*.. of attorneyor other document (e.g. job description) authorizing the signing of the Tender

(applicable ihen the Tender is electronically signed by the person authorized by the head ofthe company);

22.5. The Tenderer shall indicate the Sub-providers intended to perform the Pre-Commercial Procurement Contract and the

scope ofservices they are assigned;

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22.6. Other documents to be submitted according to the Conditions (e.g. a joint activity agreement, when a Tender issubmitted by a group ofeconomic entities, other relevant information necessary for the evaluation ofthe Tenderer's Tender).The price in the Tenders shall be indicated in Euros. The Price shall be expressed and calculated in the manner specified in thethe Annex 3 to the Conditions. The price shall be calculated taking account of the total volume indicated in the TechnicalSpecifications ofthe pre-commercial procurement object, price components, etc. The price shall be inclusive ofall taxes and allcosts of the Tenderer. Where the proposed services are subject to the VAT, the VAT shall be specifically indicated in the Tender.A fixed price shall be set for all Tenderers in each respective pre-commercial procurement stage. The price shall not exceed thecommon fixed price set forth in the Conditions for a Tenderer at an appropriato stage.The language used for the submission ofthe Tender and other correspondence shall be the Lithuanian or English language. Iftherelevant documents are issued in other language, they shall be submitted with a duly certified translation into the Lithuanian orEnglish language. Such translation must be approved by the signature ofthe Tenderer or his/her authorized person or bythe signature of the translator and the seal of the translation bureau.All the documents of the Tender (Form of the Tender, documents confirming the compliance of the Tenderer's qualifications withthe qualification requirements established in 0re Conditions, other documents included in the Tender) must be submitted in thefolder of digital documents encrypted by electronic means (the encrypted folder must be h ZIP format). The documentencryption instruction is available at:The submitted documents or their digital versions shall be accessible using non-discriminating and publicly available data fileformats (e.g. pdf, doc, etc.) by providing digital copies of the respective documents signed using a safe electonic signature.Where the Tender and/or other documents accompanying the Tender are signed by an authorized person, the Tenderor mustsubmit a digital facsimile copy of the power of attomey or other document whereby the person was authorized to sign the Tenderand/or other documents. The Contracting Authority shall retain the right to sign the original documents.The Tender must be encrypted. The Tenderer who submits an encrypted folder ofdocuments shall:28.1. submit the Tender with the encrypted folder of docunents before the time limit fixed for the receipt of Tenders (27August 2020, 10:00) by e-mail: [email protected]:28.2. after the time limit for the receipt of Tenders (27 August 2020, 10:00) till the beginning of the Tender envelopes'opening procedure (meeting) (27 August 2020, l1:00), i.e. in an hour, provide the password by e-mail: [email protected] tothe Connacting Authority for decoding the submitted document.If, before the beginning of the Tender envelopes' opening procedure (meeting), the Tenderer, through his own fault, fails tosubmit the password or submits a \ryrong password using which the Contracting Authority could not decode the submittedinformation, the Tenderer's Tender shall be rejected as not complying with the requirements specified in the procurementdocuments.The validity period ofthe Tender shall be specified in the Tender. The Tender shall be valid for at least 90 calendar days after itssubmission. Ifthe validity period ofthe Tender is not indicated in the Tender, it shall be considered that the Tender is valid for 90calendar days from the submission ofthe Tender.The Tenderer shall have the right to modiS or withdraw the Tender before the deadline for the submission ofthe Tenders. Towithdraw of modi$ the Tender, the Tenderer shall send an e-mail message (signed by the authorized person) noti$ring of thewithdrawal of the Tender. To submit the withdrawn and modified Tender again, the Tenderer shall re-submit it.Where a group of economic entities participates in these pre-commercial procurement procedues, it shall submit a digital copy ofthe joint activity agreement The joint activity agre€ment shall state the obligations of each party to the agreement inperformingthe purchase contract planned to be concluded with the Contracting Authority and the percentage share of the value of theobligations in the total value ofthe purchase object. The joint activity agreement shall specif the joint liability of all parties tothe agreement for the default on obligations to the Contracting Authority. In addition, the joint activity agreement shail specifithe person representing the group of economic entities (with whom the Contracting Authority will communicate on the issuesarising during the evaluation ofthe Tender and provide information relating to the evaluation oithe Tender).The Contracting Authority shall not require the group of economic entities to assume a specific legal form where the Tendersubmitted by the group of economic entities is recognized to be the winning Tender and the Coniacting Authority proposesconcluding the contract.In each stage, the Tenderermay involve Sub-providers. The Tenderermust indicate the Sub-providers andthe scope ofservicesto which they are assigned to perfonn the pre-commercial procurement contract.The Contracting Authority shall not be liable for the contingencies bectuse of which the Tender was not received orreceived late. The Tender received Iate shall not be evrluated.

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The Tenderer, either individually or as a member of the group of economic entities, may submit only one Tender regarding thepre-commercial procurement object. Where the Tenderer, either individually or as a member of the group of economic entities,submits more than one Tender regarding the pre-commercial procurement object, all such Tenders shall be rejected. TheTenderer or member ofthe group ofeconomic entities may not be a Sub-provider when submitting another Tender.Alternative Tenders shall not be accepted. If the Tenderer submits an altemative Tender, the Tender and altemative Tender(s)shall be rejected. The Tenderer submitting an individual Tender may not participate in the group ofTenderers submitting anotherTender. The Tenderer submitting a Tender may not offer his/her capability to other Tender or participate in the group ofTenderers submitting another Tender in the same procurement.

VI. REQUIREMENTS FOR TENDERERS

38. The Tenderer must meet the qualification requirements specified bellow.

ieq. No. Qualification requirement Documents supporting the complisnce with the requiremena

8l lhe Tenderer has not acquired the status ofan endry which is banlmprr in bmkruptcy, mdu restructuring or is being wound-up

f tle Tenderer is a legal person registered in the Republic of Lithuania, he/shr;hall not be required to present the documents confirming the qualificatior'equirements The Contracting Authorif shall check the data in the informatior;ystem ofthe State Enterprise Centre for Registers on the last day ofthe deadlinebr submission of Tenders\ legal person of mother state shall submit a certificate issued by competenl

udicial or public administation authorities of the state where the Tenderer itegistered or the state he/she cme fiom The spmified document must be issued

ro earlier thm 30 days prior to the end for the submission of Tenders lf the

locunent was issued earlier but its tem of validity is longer than the time limilbr tbe submission of Tenders, such document is acceptable duing its vatidiSreriodfthe Tenderer cannot present the aforementioned documents because they are nol

ssued in a respective country, the Tenderer must explain the reasons for whictre/she cmot present the docments supporting such circumstances md submit

he Declration ofthe Tenderer in a fiee fom82 {as no record of conviction (or conviction has expired or has beer

:lmed); duing past 5 years, the Tenderer (legal person) has not been tb(

iubject of a conviction by final judgnmt for crimes against property)roperty rights and proputy interests, intellectual or industrial propertyhe economy or business order, finmcial system, civil sewice md publir

nterests

lhe document issued by the court, Infomation Technology ald Comunicationt)epartment udq the Ministry of the Interior of the Republic of Lithumia or

Itate Enterprise Centre of Registers in accordance with the procedue established

ry the Govement of the Republic of Liihumia confiming the data joindllrocessed by competent authorities or by respective foreign authorities issued nc

:arlier than 30 days before the end ofsubmission ofTenders Iffte document was

ssued earlier, but its term of validity is longer than the time limit ftr th(rubmission ofTenders, such document is acceptable duing its validif period

fthe Tenderer camot submit the aforementioned documents because they ile nol

ssued in a respective country, the Tenderer must explain the reasons for which the

lenderer carmot present the documents supporting such circmstmces and submihe Decluation of the Tenderer in a fiee fom.

i83 Ihe Tenderer has fulfilled the obligations relating to the payment ol

axes, including social secuity contributions, according to th(

equirements of the country wbere he/she is registered or of the comtry)f the Contracting Authority; the Tenderer shall be considered to havt

illfilled tle obligations relating to the payment oftaxes, including social

;ecuity contributions, where the amount of his/her outstandinf

>bligations is smaller than EUR 50 (fifty euo)

l) The doqment issued by the State Tax lnspectorate under the Minisry olFinmce ofthe Republic oflithuania or State Enterprise Cenre ofthe Republic olLithuania in accordance with the procedure established by the Govqnment oftheRepublic of Lithuana confiming the data joindy proessed by @mpetenl

authorities or by a competent state institution ofa country whue the Participmt is

registered.2) Ifthe Tenderer is a legal person registered in the Republic ofLithunia, he/she

shall not be required to present the dmments confiming the Tenderers'

obligations retating to the payment of smial secuity contributions The

Contracting Authority shall check the data on the ofEcial website of the State

Smial Insumre Fund Bord on the last day of the deadline for submission ol

Tenders

docment was issued earlier but its tem of validity is longer than the time limil

br the submission of Tendes, such document is acceptable during its validiqreriodfthe Tenderer cannot submit the aforementioned documents because they are no

ssued in a respective county, the Tenders must explain the reasons for which tht

lenderu cannot present the docments supporting such circumstances and submi

he Decluation ofthe Tenderer in a free form

84 )uing the lst one yetr, the Tenderer (legal person) has not been th(

rubject of a conviction by final judgnent for uimes sprcified in tht\rticle 292r(1) of the Crimiml Code ofthe Republic of Lithumia

lhe Declaration of the Tenderer (see Amex 4) confiming that during the last on€

rm the Tenderer has not employed illegally third country nationals in the

lepublic of Lithumia, or has not employed 5 or more illegal third comu-1

utionals in the Republic of Lithuaria, or has not employed m illegal third:ountry national in the Republic of Lithuania mder particulaly exploitative

uorking conditions, or has not employed an illegal third country minor in the

tepublic ofLithuana.f the Tenderer cmnot submit the aforementioned documents becaue they are not

ssued in a respective country, the Tenderer mNt explain the reamns for which tht

lenderer cmot present the docments supporting such circumstances and submil

he Declaration of the Tenderer in a free fom.185 )ualification requirements for the Tenderer's mmsgement staff an(

rersons responsible for the perfomance of the Pre-mmmercia)rocuement Contract:

185t Projtrt Manager:I Unive6ity degree (at least Master's degre€)2 At least I implemented R&D project3. At last 7 years ofprojea management experience4 Completed proiect manogement taining or couses

Curiculm Vitae (CV)List of implemmted/ongoing projectsCopies of diplomas certi$ing educationDocments certi&ing project managq qualifications (e g PMi, PMP,

CompTlA Prcject+ or equivalent documents)

t8 5.2 Senior Resmchs:I University degre in technology, social, natual or humanitariar

sciences (at least the degree ofDoctor ofScience)2 A1 least 5 yers ofR&D projects experietrce

I Curiculum Vitae (CV)2 Copies of diplomas certifiing the complimce with educational

req urrements3 List of implemmted./ongoing R&D projects

1853 lesearcher:I Univenity degree in technolosi, social, natural or humanitariar

sciences (at least the degree ofDoctor ofScience)2 At lffist 3 years ofR&D projects experience

Cmiculum Vitae (CY)Copies of diplomas certifiing the compliance with educational

requirementsList of implemented/ongoing R&D projects

1854 Engineer:I University degee in trchnology (at least Maste/s degree)2 At least 5 years ofequivalent work experience

1. Cmiculm Vitae (CV)2. Copies of diplornas certi$ing the compliance with educational

req uiremen ts

1855 Researcher-Pro grmer/Architect:I University degree in technology or physical sciences (at leas

Maste/s degee)2 At least 5 years ofequivalent work experience

1. Cmiculum Vitae (CV)2. Copies of diplomas certifing the compliance with educational

requirements

|8.5 6 Data Analysi s Specialist:1. University degree in technology or physical siences (at leas

Masteis degree)2. At l€st 5 years ofexperience ofequivalent work exDerience

Cmiculum Vitae (CV)Copies of diplomas certiling the compliance with educational

req uirements

18.5 7 togramo:I. Univenity degee in technolory or physical sciences (at leas3achelols degree)l. At least 3 years ofexperience ofequivalent work experience

I Cmiculum Vitae (CV)l. Copies of diplomas certiling the compliance with educationaleqrurements

38,6 During the last 5 yers (if$e Tenderer has been in operation for lessthan 5 yeus, then from the beglming of the date of the Tenderer'sregistration) to the day of the submission of Tenders, the TenderermNt have been successfiIly perfomed at least I contract concmingthe services relating to data alalysis, multilingual text analysis,ustructued lage-scale data processing, artifi cial intelligence md./ormachine leaming development, content malysis and/or processingThe value ofat least I contract must be at le3st EUR 425 000

To prove the compliance with the requirement, the Tenders may proyide thefollowing:- A list of perfomed or ongoing projects during the last 5 yeas or during theperiod from the date ofregistration ofthe Tendoer (ifthe Tmderer has beenoperating for less thm 5 years) together with the clients' certifimtes that theworks have been perfomed properly The certificates must indicate the amout,date md place ofthe contract, procuement object and whether the work hasbeen properly completedDigital copies of the dmments are required

387 Duing the last 5 years (ifthe Tmderer hm been in operation for lessthm 5 years, then from the date of the Tenderels resistration) to the

To prove the compliance with the requirement, the Tenderer may provide thefollowins:

day of the submission of Tendqs, the Tenderer must have been

successfully perfomed or performing at least 3 R&D projects with atotal value ofat least EUR 375 000

- A list of performed or ongoing prcjects duing the last 3 years or duing the

period from the date ofregistration ofthe Tenderer (ifthe Tmdqq has been

operating for less than 3 yeas) The certificates must indicate the title, essence,

value, date, place md duation ofthe projectDieitat cooies ofthe docunents tre required

188 Ihe Tenderer is registered and operates in one of the comties of thtlU, NATO or Schmgen Area.

fo prove the compliance with the requiremen! the Tenduo may provide thtlollowing:. An extact from the register of a respective coufy orA document confirming the regisration ofthe Tendser issued by the authorizet

nstitutions of a respective counfy

189 A. tendtrer with whom the Contact for the Stage III of the he:ommercial Procurement will be concluded shall have to submit z

xedibility ertificate certif,ing tle right to access the informatiorlarked RESTRICTED granted in accordmce with dre procedure laitlom by law to the persons responsible for the execution of the Contrac

rfthe Stage III ofthe Pre-commercial Procuement

If a tenderer with whom the Contact for the Stage III of the Pre

:ommercial Procurement will be concluded submits a credibiliqsertificate issued in Lithuania to the Confacting Authority prior to th(

oonclusion of the Contact for the Stage III of the Pre-commercia

Procuement, no additional security screening ofpersons responsible for

lhe execution oftbe contract shall be required.

l'o prove the compliance with the requirement, fte Tenders may provide tht

bllowing:- A compmy credibility certificate issued in Lithuania;- Ar equivalent credibility certificate issued by relevant foreigr

i nsti tutions;- Secuity soeening certificate ofthe persons responsible for the executiot

of the Contact of the Stage III of the Pre-commercial Procurernen

grmting the right to access the information muked RESTRICTED

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The Tenderer must meet all the requirements set forth in the Clauses 38.1-38 9.

Ifthe Tenderer wishes to rely on the capacity ofthe Sub-providers, he/she must prove to the Contracting Authority in the Tender

that the resources ofthe Sub-providers on whose capacity he/she relies will be available to him/her.

If the Tenderer has submitted inaccurate or incomplete data on the complianco with the established qualification requirements,

the pre-Commercial Procurement Commission, without prejudic€ to the principles of the pre-commercial procurement, must

request the Tenderer to revise, supplement or explain the data within a reasonable time, that may not be less than 5 working days,

set by the he-Commercial Procurement Commission.

If the Tender is submitted by a group of economic entities, every member of such group must meet the qualification requirements

set forth in the Clauses 38.1,58.2; 38.3, 38.4, 38.8 ir 38.9 and submit the specified documents. At least one member of an

economic entity must meet the qualification requirement set forth in the Clause 38.5 and submit the specified documents. At least

one member of an economic eniity must meet the qualification requirement set forth in the Clause 38.6 and submit the specified

documents. At least one member or all members of a group of an economic entity must meet the qualification requirement set

forth in the Clause 38.7 and submit the specified documents.

VII. EVALUATION Of,'TENDERS AND DEVELOPMENT OF THE LIST OF'TENDERERS

shall meeting of the Pr Commission

Iace: tis Military Acade ' Vilnius' on

who s shall be notified name of the

c€) b neans. The procedures ofexamination and evaluation ofthe Tenders

shall be carried out by the pre-commercial procurement commission, without participation of tho Tenderers or their authorized

exPerts for the rs'

is Provided for Evaluation ofthe

e ienders'eval from the deadline

for submission of Tenders.

The Tender shall be rejected in the following cases:

45.1. The " the pre-commercial procwement documents (the Tender

is not signed doCuments, the Tenderer does not meet the qualification

requirements rements for the provision ofservices established in the Technical

Specifications, etc.);45.2. the Tenderer fails to update or supploment the submitted inaccurate or incomplete data about his/her qualifications on

the request of the Pre-Commercial Procurement Commission within the fixed time limitl

42

43

44

45

9

46

47

l0

45.3. the Tenderer provides lalse information about the compliance with the established requirements and the he-Commercial Procurement Commission proves by any lawful means that the information is false;45.4. the Tenderer submits more than I Tender for the procurement object both individually and as a member of a group ofeconomic entities;45.5. the Tender is submitted after expiry of the time limit for the receipt of Tenders.The Pre-Commercial Procurement Commission shall evaluate the received Tenders and develop the list of Tenderers for therespective stage ofthe pre-commercial procurement according to the evaluation scores and no lrter thrn within 3 working daysfiom the decision of the Pre-Commercial Procurement Commission shall send the list to all Tenderers participating in the pre-commercial procurement. Ifthe total ofthe evaluation scores ofseveral Tenderers is the same, the list shall give priority to theTenders that best meet the needs ofthe Contracting Authority and/or meet the requirements ofthe Technical Specifications. Thelist shall also be published on the oflicial websites of the Contracting Authority (http://www.lka.lt/lUtitulinis.hfnl) andCoordinaring Body (The winners who will implement a relevant stage of the pre-commercial procurement shall be the Tenderers whose Tendersaccording to the ranking established on the basis of the evaluation scores are included in the maximum number of the financedTenderers (see the maximum number ofthe financed Tenderers above).

VIII. IMPLEMENTATION OFTHE PRE.COMMERCIAL PROCUREMENT

The winners shall be the Tenderers whose Tenders have been recogrized as the best throughout all stages ofthe pre-commercialprocurement.The maximum number of winners:49.1. Stage I: 4 winners49.2. Stage II: 3 winners49.3. Stage III: 2 winnenEach stage of the pre-commercial procurement shall start with the conclusion of the contract with the Tenderer. At the end ofeach stage, the results of Tenderers shall be evaluated according to the procedure specified in the Conditions (see Annex 5.Procedure for the Evaluation of the Tenders and Results). On the basis of the evaluations, the Pre-commercial procurementCommission shall develop the ranking and decide on the Tenderers selected for the participation in the next stage of the pre-commercial procwement.The pre-commercial procurernent shall end when:51.1. the objective specified in the pre-commercial procurement documents is achieved and the obligations established in theconEacts for the implernentation of the Stage III are fulfilled;51.2. tlte pre-commercial procedures are terminated;51.3. the time limit of the Contracting Authority's proposal to conclude the pre-commercial procurement contracts fortheimplementation of a respective stage expires and the pre-commercial procuremenf contract for the

-implementation of the stage is

not concluded with any ofthe Tenderers for the reasons that do not depend on the Contracting Auttrority;51.4. all the Tenderers withdraw their Tenders before the conclusion of the pre-commircial procurement contract for theimplementation of a stage or refuse to conclude the pre-commercial procurement contract for the imilementation of a stagel51.5. no Tenders are received until the end of the time limit fixed for the submission of the Tendirs for a stage.The Contracting Authority shall have the right to terminate the pre-commercial procurement if the nrinimum number olTenderers' with whom the contracts have been concluded for a specific stage, do not achieve the result specified in the pre-commercial procurement contract; i[, in the opinion of the Contracting Authority, it is inexpedient to continue the ire-commercial procurement: there are circumstances due to which the pre-iommercial procurement does not comply with theprinciples set out in the Clauses l0 and I l.The result ofthe Stage III ofthe_pre-comrnercial procurement, after its testing and making necessary improvements observedduring the test, are transferred to the ownership of the Contracting Authority.

IX.CONTRACTS OF THE PRE-COMMERCIAL PROCUREMENT

48

49

50

5l

52

53

54

ll

No later than within 14 (fourteen) calendar days after the publication ofthe list ofTenderers developed on the basis ofthenumber of the evaluation scores, the Contracting Authority shall submit a written proposal (by e-mail) to the invited Tenderers toconclude the pre-commercial procurement contract for the implementation of a respective stage.The draft pre-commercial procurement contract is provided in Annex 6 to the Conditions.lf the Tenderer, who was oflered to conclude the pre-commercial procurement confact, refuses in writing to conclude it, fails tosign the pre-commercial procurement contract by the time limit specified in ttre procurement documents or refuses to concludethe pre-commercial procurement contract under the conditions specified in the procurement documents, it shall be considered thatthe Tenderer has refused concluding the pre-commercial procurement contract. In that case, the Contracting Authority,immediately but no later than within 3 working days, shall offer to sign the pre-commercial procurement contract to the Tendererthe evaluation ofwhose Tender according to the established ranking is the first after the Tenderer who has refused to concludethe pre-commercial procurement contract.The Contracting Authority shall not request that the performance of the pre-commercial procurement contract is secwed by a

bank guarantee or by a surety ofan insurance undertaking.

X. INTELLECTUAL PROPERTY AND PROTECTION OF CONFIDENTIAL INF'ORMATION

Intellectual property objects that are developed or appear when the Tenderer participates in the pre-commercial procuementand/or supplies R&D services or that are created before that and are used by the Tenderer in the pre-commercial procurement

and/or in the provision of the R&D services shall be the ownership of the Tenderer. The Tenderer who owns the intellectualproperty objects created in the pre-commercial procurement shall grant to the Contracting Authority an unlimited right to use free

ofcharge the intellectual property objects created by the Tenderer in the pre-commercial procurement for its own needs and to

modifo, adapt and recompile them for the use of the intellectual property objects for their intended purpose for which they were

acquired and to the third parties - a nonexclusive right (e.g. a license under market conditions). Ifthe Tenderer's results ofthepre-commercial procurement are inextricably linked to the tangible property (e.g. developed protot]?e, database or a pilot batch

ofan innovative product), the Tenderer must transfer the property to the Contracting Authority. The intellectual property objects

belonging to the Tenderer and that are not developed in the pre-commercial procurement but are used by the Tenderer to perform

the pre-commercial procurement must be licensed to the Contracting Authority on fair, reasonable and non-discriminatory terms.

hotection of confidential information:59.1. Without a prior written consent of the Tenderer with whom a pre-commercial procurement contract is not concluded, the

Coordinating Body and the Contracting Authority must not disclose to third parties the confidential information received from

such Tenderer in the pre-commercial procurement for at least 4 years after the day ofsubmission ofthe Tender ofsuch Tenderer;

59.2. Without a prior written consent of the Tenderer with whom the pre-commercial procurement contract is conclude4 the

Coordinating Body and the Contracting Authority must not disclose to third parties the confidential information received from

such Tenderir in the pre-commercial procurement for at least 4 years after the communication ofthe results ofthe last stage ofthe pre-commercial procurement contract implemented by the Tenderer.

59.3. If the Pre-Commercial Procurement Commission has doubts about the confidentiality of the information provided in the

Tender, it must request the Tenderer to prove why the information is confidential.

5g.4. The Providers and Tenderers must keep and not disclose the confidential information received from the Contracting

Authority drning the pre-commercial procwement for a period specified by the Contacting Authority but no less than 4 years

from the date ofsubmission ofsuch information to the Providers and/or Tenderers

XI.SUBMISSION AND HANDLING OF' COMPLAINTS

The Tenderers who disagree with the Contracting Authority's decisions or acts (omissions) relating to the pre-commercial

procurement shall have the right, within 10 working days after receiving a written notification of the Contacting Authority of the

decision taken thereby or after becoming aware oithe acts (omissions), to file a written claim with the Contracting Authority

and,/or Coordinating Body. The bringing of claim shall be a mandatory procedure for the out-of-court settlement of disputes.

Upon the receipt oithe ciaim, the Contracting Authority shall immediately suspend the procurement procedue until the claim is

examined and a decision is made

Further to the receipt of the Tenderer's claim, the Coordinating Body shall, within 3 working days, request the Contracting

Authority to present, no later than within 5 working days, the reasoned explanations regarding the filed claim. Considering the

filed claim, explanations and other evidence, the Coordinating Body shall, no later than within 15 working days after the receipt

55

56

57

58

59

61

62

t2

of the claim, take a reasoned decision to satis! or reject the claim and communicate the decision to the Tenderer and the

Contracting Authority.Further tohe receipt of the Tenderer's claim, the Contracting Authority shall, no later than within 5 working days, submit

reasoned written explanations regarding the frled claim to the Coordinating Body. Considering the filed claim, explanations and

other evidence, the Coordinating Body shall, no later than within 15 working days after the receipt of the claim, take a reasoned

decision to satis! or reject the claim and communicate the decision to the Tenderer and the Contracting Authority.

Annex I

Annex 2

Annex 3

Annex 4

Annex 5

Annex 6

Annex 7

l3

XII. ANNEXES

Description of the Pre-commercial Procurement Object

Technical Specifi cations

Form ofthe Tender

Declaration of the Tenderer

Procedure for the Evaluation ofthe Tetrd€rs and Results

Draft Contacts of the Pre-commercial Procwement

Delivery and Acceptmc€ of Deed of the Pre-commercial hocurement Result

t4

Annex I

DESCRIPTION OF THE PRE-COMMERCIAL PROCUREMENT OBJECT

rI

16

-

I

17

T

!

l8

I

T

t9

TECHNICAL SPECIF'ICATIONS

I. GENERAL PART

Annex 2

21

II. FUNCTIONAL REQUIREMENTS FOR THE PRE-COMMERCIAL PROCUREMENT OF AN INNOVATIVEPRODUCT

-F

23

II

II

IIII

25

III. REQUIREMENTS FOR THE R&D SERVICES

29

I

I

30

Annex 3

(Tenderer's rame)

(Legalform ofthe legal person, head ofice address, contact delails, name ofthe register collecling and storing the Tenderer's data,name, legal entity rrumber, VAT number, if applicable)

GENERAL JONAS ZNUT, TTTS MILITARY ACADEMY OF LITHUANIA

TENDER T'OR THE PRf,,-COMMERCIAL PROCUREMENT"DEVELOPMENT Of,'THE NATIONAL ECOSYSTEM FOR THE RECOGNITION AND ANALYSIS OF'THE

INFORMATION EFI'ECT PHENOMENA (NAAS)"

- -20

I mdsef s nme(ifa group ofeconomic enlilies porlicipates, all names ofeconomic entilies shall be swcified)I enderer's address(if o group of economic enlilies participales, olloddresses ofecorcmic enlilies sholl be soecilied)Full name and position of the person responsible for theTenderPhone number

E-mail address

Description oftbe concept ofthe proposed innovative oroduct

A rationale for reseorche and erperimentol developmenl necessara for the Droduct develoomcntz

Technical capabililies (the Tenderer msy prmide additioml documentation lo evaluate a criletion)

2

For the rationale, please follow the Frascati Mamtat 201 5: Guidelines lor Collecting and Reporting Data on Resemch andExperimental Development.

3l

Quality (rhe Tenderer may provide oddilional documenlalion lo evaluole o crilerion)

Tenderer's innovativeness (rhe Tenderer shall provide addilional doqmenlation lo evoluole a crilerion)

The contract will be performed with the involvement of the following Sub-providers:

Nsmes ofSuFprovidersDsignation and extent of

senics to be provided with theinvolvement of the SuEprovides

Percentrge shsre ofsePic6 to be

transferred to theSubprovidem

Stage(s)

This Tender also contains confidential information:

32

Price of the Tender:

Stoges

The price providd by tte Tendcrer, iftheintellectual property objects created in thepre'commercial pmcurement bclong io theControctitrg Authority cnd tbe Tenderer is

not authorized to use them

Fixed price paid by theContracting Authorityr,

Eur

Preliminrrycontribution ofthe

Tenderer, ifthe lixedprice is not sumcicntfor the developmetrtofthe procurement

I '14110,',l5

II 333 499,00

III 203 805,00

'The price paid to the the Tenderer by the Contacting Authority If 0re fixed price is not sufEcient for thedevelopment of the procuement object, the Tenderq m contribute at its own expense ln such a case, the Tenderssha.ll indicate the preliminary contribution in the colum. Financial conribution of the Tmders is oDtional.

Overrll price of the Tender (the price provided by the Tenderer ond linonciol contribution of the Tenderer): ............ . ... Euro(please specily the price infigures andwords).

Documents accompanying the Tender:

Title of the submitted documents Numbcr of oascs

The Tender is valid until (please specifi the date).

By submitting this Tender, we acknowledge our agreement with all the conditions of the Pre-Commercial Procurement Development ofthe National Ecosystemfor the Recognilion andAnalysis ofthe Information Eflect Phenomena (NAAS).

The Tender is signed by e-signatue.

JJ

DECLARATION OF TH E TENDERER

Annex 4

[...] [ ] 2020

(position md fullnme of the TendeE/s milager orauthoriad pereon)

hereby confirm that managed (represented) by me,Cfendere/s nme)

participating in(t@€ of $e Coniffiing Auhority)

performing(nme of tb€ pMurement object, method of purche)

has not acquired the status ofa natural or legal penon who is banknrpt or in bankruptcy or the status ofa legal person who is

being restructured, reorganized or liquidated;has no record ofconviction (or conviction has expired or has been cleared); during past 5 years the Tenderer (legal person) has

not been the subject ofa conviction by final judgment for crimes against property, property rights and property interests, intellectual or

industrial property, the economy or business order, financial system, civil service and public interests;

has fulfilled the obligations relating to the payment of taxes, including social security contributions, according to the

requirements of the country where the Tenderer is registered or of the country of the Contracting Authority; the Tenderer shall be

considered to have fulfilled the obligations relating to the payment of taxes, including social security contributions, where the amount

of the Tenderer's outstanding obligations is smaller than EUR 50 (fifty euro);

during the last one year, the Tenderer (legal person) has not been the subject of a conviction by final judgnent for crimes

specilied in the Article 292r(l) of the Criminal Code of the Republic of Lithuania.

I have been informed that ifthe declaration I have provided is false, the Tender submitted by the Tenderer will be rejected. The

Tenderer is responsible for the accuracy ofthe information provided in the declaration in accordance with the procedure established by

law.If a group of economic entities participates in the procurement, the declaration shall be completed by each economic entity

individually.

On behalf of the Tenderer:

34

Annex 5

PROCEDURE FOR THE EVALUATION OF THE TENDERS AND RESULTS

I. GENERAL INI'ORMATION ON THE EVALUATION PROCEDURE OF'THE TENDERS

l. The Tenders submitted for the pre-commercial procurernent shall be examined and evaluated by the Pre-Commercial ProcurementCommission and/or engaged experts.

2. The Tender shall be evaluated in the following two stages:2.1. Administrative evaluation. The examination of the compliance of the submifted documents and Tenderers' qualifications withthe formal requirements of the procurement conditions.2.2. Evaluation ofquality. The technical part ofthe Tender is evaluated by giving points in accordance with the evaluation criteria.

3. The evaluation ofquality is carried out following the evaluation criteria specified in the Part III.4. The Pre-Commercial Procurement Commission fomrs the ranking of evaluations and makes a decision on the Tenderers'

participation in the next stage.5. The winners of the Stage I shall be 0re Tenderers who fall within the maximum number of funded Tenderers set out in these pre-

commercial procurement documents according to the established ranking of evaluations. The maximum number of winners of theStage I is 4

II. GENERAL INF'ORMATION ON THE EVALUATION PROCEDURE OF'THE RESULTS OF THE PRE-COMMERCIAL PROCUREMENT STAGES

I The results of a respective stage of the pre-commercial procurement shall be examined and evaluated by the Pre-CommercialProcurement Commission and/or engaged experts.

2. The evaluation of the results of the pre-commercial procurement shall be carried out in accordancr with the evaluation criteriaspecified in the Part IV.

3. The Contracting Authority shall have the right to invite the Tenderers to the meeting of the Pre-Commercial ProcurementCommission to present the results.

4. Based on the evaluations, the he{ommercial Procurement Commission forms a ranking of evaluations and makes a decision onthe Tenderers'participation in the next stage ofthe pre-commercial procurement. The Tenderers who score the most points shallenter the next stage.

III. EVALUATION CRITERIA

Evaluation Criteria for TendersMaximum Score

Evrluation criterion Maximum scorel. Description ofthe idea (7nl) t5l. l Perception ofthe problenrs and aims of the project (I/. /.) 5

1.2 Compliance of the description of the idea with the requirements of thtprocurement (7/ 2.)

5

1.3 Vision of the final solution, firlfillment of the procurement object (I^1.3.) 5

l. Technical capabilities (7'2)

2. I Technical capabilities (?'2.,1 102.2Team qualtty (72.2) 10

). Quality (13)

3. l. Management quality (?"J. / 5

3.2. fusk management quality (73.2) 5

Tenderer's innovativeness ( 14) 5

35

of the R&D activities (I"J I

l. The frnal score (S) is calculated according to the following formula:5 = (71 +72+T3+74)xTS

Descriptionoftheidea(11)iscalculatedaccordingtothefollowingformula: T1:71.1+71.2+Tl.iTechnical capabilities (72) arc calculated according to the following formula: TZ = Tz.L + 72.2

Quality (I3) is calculated according to the following formula: T3 = T3.l + 73.2

2. Maximum score: 50

3. The scores are awarded in whole numbers without dividing them into parts.

4. When evaluating a respective criterion, every member of the Pre-Commercial Procurement Commission and/or expert shall give

the score within the established limits. Based on such evaluations, the average of the given scores shall be calculated for each

criterion.

Score Vrlues of the Tender Eveluation Criteria

5. All the criteria are qualitative. To facilitate the evaluation and harmonize possible interpretations of scores, having analyzed the

Tenders, the members of the pre-Commercial procurement Commission and/or experts give the following scores for the respective

values ofa criterion:

Criterion Exphnation

l. Description ofthe idea

fhe compliance ofthe description ofthe idea prepared in the Form ofthe Tender with the requirements ofthe Technical

lpecifications of the pre-commercial procurement, perception of the problem and fulfillment of the pre-commercial

rrocurement objectives is assessed:

l. I Evaluation ofthe description ofthe problem and perception ofthe project objectives presented in the Form ofthe Tender, its details, quality and clarity.

1.2. Evaluation of the compliance and completeness and quality ofthe solution of the problem, implementation ofrbjectives and organization of the R&D activities provided in the Form of the Tender with the pre-commercial

procurement requirements provided in the Technical Specifications.

1.3. Evaluation ofthe conformity, completeness and quality ofthe problem solution and the vision ofthe final product

orovided in the Form ofthe Tender according to the description ofthe pre-commercial procurement object.

2. Technical:apabilities

fhe following 2 aspects are evaluated:

!.1 Technical capacity ofthe Tenderer to implement the project and the suitability oftechnical possibilities for solvinp

he problem.

!.2 The experie nce of the Tenderer's team in the implementation of innovative projects, experience of implementatior

rf complei and large-scale R&D projects, skills in working with innovative technologies, experience in participating in

l,onzon 2020 or .irnil* projects, opportunity to expand the team with new experts and Tenderers having similar

)xpeflence.

. Quality

the following 2 aspects are evaluated:

l.l. The quality of management: man€ement of the decision implementation according to the scheduled activities

nanagement of changes oi the project, human and material resources, including technical capabilities.

].2. The quality of risk management: identification and management of risks, eflicient management of the identified ke)

isks (technical, commercial, etc.).

l. Tenderer'smovattveness

Focus ofevaluation: the Tenderer's experience ofsimilar projects, development experienc.e ofthe innovative product

material, method or technology, presentation to the market

i. Validity of theR&D activities

Focus of evaluation: compliance of the activities presented in the concept description of the Tender with the R&D.

36

CriterionEvaluation values

Maximum score:50

Explanrtion

. Description ofthe idea

t.l. The perception of therroblems and aims of the)roject0 - lowest value, 5 -righest value)

0 ilhen describing the idea, the problems are not conveyed and the set aims ofthe project are

rot examined.l-3 ilhen describing the idea, the problems and aims of the project are examinod, bowever,

here is uncertaintv about the fulfillment of the aims.4-5 ly'hen describing the ide4 the problems are fully analyzed, the aims of the project are set

nd proposed solutions are reasonable and realistic. The description ofthe idea is fully irine with the technical specifications and aims of the project as set out in the pre.

:ommercial Drocurement documents.1.2. The compliance of:he description of the ides,ryith the requirements of:he technicalrpecifications of the pre-:ommercirl procuremen t0 - lowest value, 5 -rishest value)

0 lhe description ofthe idea does not meet the requirements ofthe technical specifications o1

he pre-commercial procurement.

l-3 lhe description ofthe idea is provided and meets the requirements ofthe technicalipecifications of the pre-commercial procurement, however, there are uncertaintiesegarding the compliance with the requirements of the technical specifications of the pre-nmmercial procurement.

4-5 lhe description of the idea fully complies wifi the requirements of the technicalipecifi cation of the pre-commercial Drocurement.

1.3. The vision of the linalecision, fulfi llment of:he procurement object0 - lowest value, 5 -ilghest value)

0 fhe vision ofthe final solution is not provided.

l-3 lhe vision ofthe final solution is presented, however, it does not reflect the rationale for itsnnovativeness. The idea is difficult to implement or its implementation, technologies andesources are not iustified.

4-5 Ihe vision ofthe final solution is described in detail and clearly. The presented vision ofhe project is innovative and stands out from the products available in the market. Thelescription reflects the rationale for its innovativeness. The idea is applicable and feasible.Ihe description justifies its implementation and necessary technologies and resources.

2. Technicrl capabilities

l.l. Technicel cepabilities

'0 - lowest value, 5 -righest value)

0 tlo information providedt-2 technical capabilities are described, however, their relevance is unclear or poorly iustified.

3-4lhe technical capabilities described are diffrcult to implement or there are doubts abouheir applicability.

5-6technical capabilities are described, they are feasible, however, there are doubts about theirruitability for solving the problem or their sufficiencv.

7-8fechnical capabilities are described, they are suitable for solving the problem ancrchievement of the desired result.

9-10lechnical capabilities are very well described, their necessity isjustified, there is no doubrbout their sufficiency and suitability for solving the problem.

0 - lowest value, 5 -righest value)

0 lhe qualification of the team is not described or the description is not related to th(iubmitted Tender.

l-3 fhe composition, qualilications and experience of the team meet only the minimumequirements necessary for the implementation of the proiect.

4-6 rhe team is composed of the members having necessary experiences and qualifications forte implementation of the Tender; understanding and experience in the academic.governmental, non-govemmental and commercial sectors; experience of work with,cosystems, and their development; project risk managem€nt qualifications and experiencerf scientifi c, experimental an4 innovative projects.

3l

7 -10 lhe team is composed ofthe members having the experience and qualifications necessar)

br the implementation of the Tender; understanding and experience of academic

Iovemmental, non-govemmental and commercial sectors; experience of work witl)cosystems and their development; project risk management qualifications; experience o.

;cientifi c, experimental and innovative proj ects.

f necessary, there is an opportunity to expand the team with new members having tht:xoerience and qualifications that meet the requirements.

l. Qualitv:1.1. Quality ofmanagement

'0 - lowest value, 5 -righest value)

0 rlo development plan for the proposed solution.

l-3lhe development plan for the proposed solution is insufficiently substantiated or there art

loubts about the adequacy ofthe plan.

4-5\ very clear solution development plan with a clear rationale. The plan is consideret

rppropriate

).2. Quality of riskmanagement

.0 - lowest value, 5 -righest value)

0 Jnidentified risks or their management.

l-3tisks and their weights are properly identified, however, the risk management plan is no

rresented or is insufficient.

4-5lisks and their weights are properly identifie4 their management measures are ploperlJ

rrovided, risk management plan is clear and sufficient.

1. Tenderer'snnovativeness


0fhe Tenderer has not participated in the development of an innovative product, material

nethod or technology.

1fhe scientific and/or experimental activities carried out by the Tenderer have tht

reginnings of an innovative product, metlrod or technology.

2

lhe Tenderer has actively carried out scientific and/or experimental activities in thr

levelopment of an innovative product, method or technology, however, the product wa

rot developed or was failed to develop.

3

lhe Tenderer has carried out scientific and/or experimental activities and developed ar

nnovative product, method or technology, has a document proving the innovation

lowever. the product, method or technology is not available in the market

4-5

ffiscientificand/orexperimentalactivitiesanddeve1opedarnnovative product, method or technology, has a document proving the innovation, tht

nnovative product, material, method or technology is introduced to the Lithuaniar

md/other markets.

i. Validity of the R&Drctivities


0 fhe activities identified in the Tender do not meet the critelia ofthe R&D activities.

I

lhe activities identified in the Tender meet the criteria of the R&D activities

IV. EVALUATION OF THE RESULTS

Evaluation of the Results of the Stage I6. Thepresentationoftheresultsof*theStagelofthepre-commercialprocurementshallbefollowedbytheevaluationoftheresults'

The documents supporting the completio-n ofthe Stage I, i.e. innovative product concept, shall be evaluated first. The Contracting

Authority shall have the-right to request for a preientation of the activities and achieved results of the Stage I. If the Pre-

Commercial procurement Commission determines that at least two of four Tenderers have not achieved the result specified in the

contract of the pre-commercial procurement, tle pre-commercial procurement shall be terminated.

7. During the evaluation procedure of the results, the following evaluation criteria shall be evaluated: quality of the concept and

project management.

38

8. The Pre-Commercial Procurement Commission shall form the ranking of evaluations and make a decision on the Tenderers'participation in the Stage II of the pre-commercial procurement. The maximum number of winners of the Stage II is 3.

Evrluation Criteria for the Results of the Stage I

9. Every member and/or expert of the Pre-Commercial Procurement Commission shall evaluate a relevant criterion by giving it anevaluation score within the specified limits. Based on such evaluations, the average ofthe evaluation scores will be calculated foreach value ofthe evaluation criteria.

Description of the Evaluation Criteria for the Stage I

Evaluation criteria Maximumscore

I.l. Quality ofthe concept 40

I.1. l. The concept ofthe science and studies ecosystem for the analysis ofthe information effect and hybrid threats l0

I.1.2. Technological concept and solution architecture ofthe national science and study (NAAS) platform for therecognition and analysis ofthe national information security and information threats

l0

Ll.3 Proposed essential features andparameters of the developedNAAS platform and its components 5

I. 1.4. Proposed research methodologies for the identification and monitoring of the information effect hybrid threatphenomena

5

1.5. Proven feasibility ofthe concept t0

[.2. Project management l0

Maximum score: 50

lriterion 0xplanation

l. Quality ofthe conceptlvaluation ofthe quality ofthe result ofthe Stage I: the quality ofthe developed concept o1

he innovative product:

I l.l. The concept ofthe science and studies,'cosystem for the analysis of the information:ffect and hybrid threat analysis

Evaluation of the proposed concepts of the science and studies ecosystem for theinformation effect and hybrid threat analysis enabling the efficient and modem organizatiorrf specialist training and research activities, including information security, informationfueat analysis, hybrid threat analysis, integrated (lntemet and kinetic) information spacenonitoring and analysis of potentially criminal content:

. A model of an integrated ecosystem concept for technological, software andmethodological instruments;

. Methodological base and instruments;

. Technological and software tools;

. A model for cooperation among scientific institutions and participans of thecooperative activities.

t 1.2. Technological concept and solutionrchitecture ofthe national science and;tudies (NAAS) platform for the recopitionmd analysis of the information security andinformation threat

Evaluation of the above described proposed concept and solution architecture for thrtechnological implemontation of the science and studies ecosystem for the analysis of thrinformation effoct and hybrid threats, including:

. Training and professional development ofthe electronic and physical space analysisspecialists;

o Performance of the scientific researches of the electronic and physical spaceanalysis;

o Testing, validation, and approval ofthe innovative technological and software toolsfor electronic and physical space analysrs;

39

a

a

Adaptation, completion and integration of innovative technologies and sotools according to the users' needs;

Data analysis algorithms, their architecture, accuracy and efficiency.

ftwart

t. 1.3 Essential features and parameters ofthe\AAS platform and its components

Evaluation of the versatility, accuracy metrics and functioning of the system and its)omponents in effectively responding to the dynamics, complexity and geographic scope olte information effect and hybrid threat phenomena.

11.4. Proposed research methodologies forhe identification and monitoring of thenformation eflect and hybrid threatlhenomena

lvaluation of the proposed appropriate to apply methodologies for the identification andnonitoring of the information effect phenomena to develop:

. A product that best meets the needs;o The suitability of the recommended methods of artificial intelligence, analysis ol

multilingual texts, unstructured large-scale data processing and media contenlanalysis based on theoretical research;

o Efficiencyofthechosensolution;. The suitability of the chosen method(s) for the achievement of the pre-commercial

procurement aim.

1.5. Proven feasibility ofthe concept lvaluation of the described vision and operating principle of the concept, systemnethodology and technological implementation, performed pilot studies, describermplementation assumptions, interaction of the essential components, their methodologicarpplication

.2. Project managementEvaluation of the information provided in the pre-commercial procurement concept on th(management of further stages of pre-commercial procurement, activity schedules, technical]apabilities ofthe Tenderer, human and material resources, identified risks.

10. To facilitate the evaluation and harmonize possible interpretations of the scores of the analyzed Tenders, the members and/orexperts of the Pre{ommercial Procurement Commission shall give the following scores of the respective values of a criterion:

Score Values of the Evaluation Criteria for the Results of the Stage I

CriterionCriterion evrlurtion value

Maximumscore: 50

Explanation

l. Oualitv ofthe concept

1.1.1. The concept ofthe science anditudies ecosvstem for the analvsis ofthe

0rlo information provided on the concept ofthe science and studies ecosystombr the analvsis ofthe information eflect and hybrid threat analysis.

nformation effect and hybrid tfueatualysis

i0 - lowest value, l0 - highest value)

l-3n the concept of the pre-commercial procurement, the information is

rresented poorly or describes in general the concept ofthe science anditudies ecosystem for the analysis of the information effect and hybrid threat.

4-6n the concept of the pre-commercial procurement, the concept of the scienct

md studies ecosystem for the analysis of the information effect and hybrichreat and the vision for its development are partially described.

7 -10

l-he information provided for in the concept of the pre-commercial

)rocurement fully and in detail describes the concept of the concept of th(icience and studies ecosystem for the analysis ofthe information effect anc

rvbrid threat and the vision for its development.

I.1.2. Technological concept and solutionrchitechrre ofthe national science and

0rlo information provided on the technological concept and solutionrchitecture of the NAAS platform.

ltudies (NAAS) platform for the:ecognition and analysis ofthe l-3

lhe information provided in the concept of the pre-commercial procurement

loorly or only in general describes the technological concept and solutionrchitecture of the NAAS platform.

40

nformation security and informationfueat


4-6Ihe information provided in the concept of the pre-commercial procuremen

rartially describes the technological concept and solution architecture ofthrNAAS platform.

7-10lhe information provided in the concept of the pre-commercial procuremenl

irlly and in detail describes the technological concept and solutiorrchitecture of the NAAS platform. Presented alternatives.

1.3 Proposed essential featues andnrameters of the NAAS olatform and its

nrlo information provided on the proposed essential features and parameteft

rf the NAAS platform and its components.

romponents

[0 - lowest value, 5 - highest value)

1-3

t-he information provided in the concept of the pre-commercial procuremenl

lartially describes the proposed essential features and parameters of tht

{AAS olatform and its components.

4-5

fhe information provided in the concept of the pre-commercial procuremen

ully describes the proposed essential features and parameters of the NAASrlatform and its components, versatility aspects of the system and ittnmponents; presented characteristics of accuracy metrics and efficiencyheir influence and importance in responding to the dynamics, complexitlurd geographical scope of the information effect and hybrid threa

lhenomenon.

.. 1.4. Proposed research methodologies forhe identification and monitoring of thenformation effect and hvbrid threat

0

\o information provided on the development ofthe research methodologie:

lor the identification and monitoring of the information effect and hybri<

fueat Dhenomena.

lhenomena

'0 - lowest value, 5 - highest value)

l-3lhe information proved in the concept of the pre-commercial procuremenl

rartially describes the research methodologies for the identification and

nonitorinq ofthe information effect and hybrid threat phenomena.

4-5

Ihe information provided in the concept of the pre-commercial procuremenl

fully and in detail describes the research methodologies for the identificationrrd monitoring of the information effect and hybrid threat phenomena. Given

"'xamples of good practice and methodologies used in other areas to be

rpplied to achieve the aims of the NAAS project.

1.5. Proven feasibiliW ofthe conceDt 0 ),lo information provided on the vision of the concept implementation.

0 - lowest value, l0 - highest value)l-3 Ihe information provided in the concept of the pre-commercial procuremenl

ooorlv or in eeneral describes the vision ofits implementation.

4-6

fhe information provided in the concept of the pre-commercial procuremenlpartially describes the vision of its implementation; incomplete presentation

rf creation and development of stages, activity plans, key success factonnecessary resources and competences.

7-10

Ihe information provided in the concept of the pre-commercial procurementfrrlly and in detail describes the vision of its implementation; presentec

reation and development stages, activity plans, key success factors,necessary resources and competences; described similar projects thr:xperience of which could be used for a successful implementation of thr;oncept.

[.2. Project management


0No information provided on further stages of the pre-commercialorocurement.

l-3

fhe information provided in the concept of 0re pre-commercial procurementpoorly or does not describe at all further stages of the pre-commercialCevelopment, their management, activity schedules, technical capabilities o1

lhe Tenderer, human and material resources and identified risks.

4-6

fhe information provided in the concept of the pre-commercial procuremenrpaftially describes the management of further stages of the pre-commerciallrocurement, activity schedules, technical capabilities of the Tenderer,ruman and material resources and identified risks.

7-10

Ihe information provided in the concept of the pre-commercial procuremenrresents the information on the management of further stages of the pre;ommercial procurement, activity schedules, technical capabilities of thtfenderer, human and material resources and identified risks.

Evaluation of the Results of the Stage II

11. The presentation ofthe results ofthe Stage II ofthe pre-commercial procurement shall be followed by the evaluation ofthe results.The documents supporting the completion of the Stage II shall be assessed first, i.e. the information on the compliance of theinnovative product with the technical specifications, determined cost price ofthe product, applicability in the modem security andinformation analysis pmadign, photographs of the innovative product protot,?e, models of the innovative product and otherdocuments proving the performance ofthe Stage II activities (e.g. invoices, certificates, prototype drawings, descriptions, test andscientific reports, etc ). The Contracting Authority may also request for a presentation ofthe activities and results ofthe Stage II. Ifthe Pre-Commercial Procurement Commission establishes that at least two ofthree Tenderers have not achieved the result specifiedthe contract of the pre-commercial procurement, the pre-commercial procurement shall be terminated.

12. The following evaluation criteria for the results ofthe Stage II ofthe pre-commercial procurement shall be assessed: quality ofthedeveloped prototype, cost price ofthe product and applicability of the prototype

13. The Pre-Commercial Procurement Commission shall form the ranking of evaluations and make a decision on the Tenderers'participation in the Stage III of the pre-commercial procurement. The maximum number of winners of the Stage III is 2.

Evaluation Criteria for the Results of the Stage II

Evaluation criteria Maximum score

I.l. Quality of the developed prototype 25

I.1.1. Prepared NAAS architecture solution and detailed specification of the functions anc

)rocesses

5

I.1.2. Prepared initial NAAS model 5

I.1.3. The NAAS initial model tested by simulating actual conditions and meets the aims ant

equirements of the proiectl0

I. 1.4. Developed NAAS prototype 5

1.2 Pric.e of the product t0

I 2.1. The annual cost for operating and maintaining the solution 10

1.3. Applicability of the prototype t5

Vlaximum score: 50

14. Every membff and/or expert of the Pre-Commercial Procurement Commission shall evaluate a relevant criterion by giving it an

evaluation score within the specified limits. Based on such evaluations, the average ofthe evaluation scores will be calculated for

each value ofthe evaluated criterion.

Description ofthe Evaluation Criteria for the Results ofthe Stage II

Criterion Explanrtion

II. l. Quality ofthe developed prototype Evaluation ofthe quality ofthe prototype product determined by the Tenderer

after the Stage II; the prototype is to be developed and tested at the Stage III.

4t

42

II.l.l. Prepared NAAS architechre solution and

detailed specification ofthe firnctions and processesEvaluation of the NAAS architecture solution.

Evaluation of the completeness and adequacy of the specification of the NAASfunctions and processes and compliance with the NAAS requirements.

Evaluation of the integration of diflerent (and essential) compononts of the

future NAAS product by confrming their systematic performance under

laboratory conditions.

II.1.2. Prepared initial NAAS model Evaluation of the completeness of the NAAS model and integrity of itscomponents

II 1.3. The NAAS initid model tested by simulatingactual conditions and meets the aims and requirementsofthe project

Evaluation of the NAAS actual performance by testing it in simulated actualenvironment and the actions ofthe target user groups:

. Meeting the requirements

. Completeness ofthe processes

. Functionalperformance

. Intesral ooeration ofthe comoonentsII I 4. Developed NAAS prototype Evaluation of the NAAS prototype's completeness and compliance with the

requirements:. Nfu{S functional performance. Technological prototypes of the NAAS components. Versions ofthe pilot activity processes. A system for cooperation of science institutions and participants of

such cooperative activities. A system ofscientific researches for the electronic and physical space

analysis. A system for testing, validating and approving innovative technological

and software tools for the analysis ofthe electronic and physical spaceII.2. hice of the product Evaluation ofthe price ofthe product set by the Tenderer after the Stage II for

the prototype to be developed and tosted during the Stage III.

Il.2 I The annual cost for operation and maintenanceofthe solution

Evaluation of the Tenderer's estimated average annual cost of operation andmaintenance ofthe product after the Stage II for the perspective ofthree yean.

II.3. Applicability of the protory?e Evaluation of the applicability of the prototype product identified by theTenderer after the Stage Il to be developed and tested during the Stage III.

15. To facilitate the evaluation and harmonize possible interpretations of the scores of the analyzed Tenders, the members and/orexperts of the Pre-Commercial Procurement Commission shall give the following points ofthe respective values of a criterion:

Score Values of the Evaluation Criteria of the Results of the Stage II

CriterionCriterion evaluation value

Maximum score:30

Explanation of the evaluation

l. Quality ofthe developed DrototvDe

ll.l I Prepared NAAS architecture solutionmd detailed specification of the fimctions

0{o information provided on the NAAS architecture solution and thr;pecification ofthe fi.rnctions and processes

43

md proc€sses

'0 - lowest value, 5 - highest value)l-3

fhe information provided in the architecture solution of the prenmmercial procuement partially describes the NAAS functions; i

letailed specification ofthe processes is described.

4-5fhe information provided in the architecture solution of the pre,

:ommercial procurement fully and in detail describes the NAA!unctions: a detailed specification ofthe processes is described.

) Prenqred initiql mndel nf tha NA AS0 the NAAS initial model is not presented.

'0 - lowest value, 5 - highest value)l-3

Ihe NAAS initial model is partially described or the model is no:ompleted, or the integrity of the components is not frrlly described.

4-5the NAAS initial model is fully and in detail described, the model i:)ompleted, the intesrity of the components is fully described.

1.1.3. The NAAS initial model tested by;imulating actual conditions and meets theilms and requirements of the project

0

the NAAS initial model is not tested by simulating actual conditions orro information provided on the testing results and compliance of the{AAS model with the requirements.

'0 - lowest value, I 0 - highest value) l-3the NAAS initial model is poorly tested or no information provided onhe testing results and compliance of the NAAS model with theequirements and aims of the proiect.

4-6

lhe NAAS initial model is partially tested by simulating actual:onditions or partial information provided on the testing results and the:ompliance of the NAAS model with the requirements and aims of the)rotect.

7-10

the NAAS initial model is fully tested by simulating actual conditions,lresented information on the testing results and compliance of the.IAAS model with the requirements and aims of the project.

I.1.4 Developed NAAS prototype

'0 - lowest value, 5 - highest value)

0I-he NAAS prototype is not developed or no information is provided onhe prototwe.

l-3I-he NAAS prototlpe is partially developed, partial information ir

lrovided on the compliance of the NAAS prototype with thtequirements for completeness and compliance.

4-5I-he NAAS prototype is fully developed, full and detailed information ir

rovided on the compliance of the NAAS protot)?e with thtequirements for completeness and compliance.

I.2. Price ofthe product

I.2.1 The annual cost for operation antnaintenance of the solution

0 - lowest value, l0 - highest value)

l-t0

[he evaluation criterion score of the annual cost for operation an<

naintenance of the NAAS solution is calculated according to thtbllowing formula:

)S : 5 x lowest price/proposed price, where

)S - the annual price for the operation and maintenance ofthe produciolution obtained from the formula;

-owest price - the lowest average annual cost (Eur) of the operatiot

urd maintenance ofthe product for the first three years;

)roposed price - the average annual cost (Eur) of operation ant

naintenance ofthe product set by the Tenderer for the first tfuee years;

,iOTE: The Clause 6.1. of the Conditions ofthe pre-commercial

lrocurement states that in the event of a win, the Tenderer shallrndertake to orovide the services for the price given here.

1.3. Applicability of the prototype

I.3. Applicability of the prototy'pe

'0 - lowest value, I 5 - highest value)

0 fhe prototype has not been developed.

l-5 fhe protoWpe is poorly applicable or not applicable at all

6- l0fhe protolpe is applicable, however, has certain aspects to b(:orrected.

ll-t5 Ihe prototype is pertectly applicabl€ and is ready for the test softwanlevelooment.

Evaluation of the Results of the Stage III

16. The Pre-Commercial hocurement Commission shall accept and evaluate the results of the Stage III. The following activitiesperformed during the Stage III and the supporting documents (reports, test reports, photographs, etc.) shall be evaluated:o One test batch ofthe identification and monitoring system ofthe information effect phenomena shall be adapted and prepared

(including equipment and final software system tested in the user's premises);. The system of identification and monitoring of the information effect phenomena and functionality of its software shall be

evaluated and presented to the user.o The system of identification and monitoring of the information eflect phenomena shall be ready for commercial and further

development.

Evaluation Criteria for the Results ofthe Stage III

17. Every member and/or expert of the Pre-Commercial Procurement Commission shall evaluate a relevant criterion by giving it an

evaluation score within the specified limits. Based on such evaluations, the average ofthe evaluation scores will be calculated foreach value ofthe evaluated criterion.

Evrluation criteria Maximumscore

II.l. Developed final version of the NAAS 30

il I I Completeness of the NAAS l0

II.l.2. Functional testing results of the NAAS 5

II.1.3. Test operation by the NAAS users and experts 5

II.l.4. Readiness of the NAAS activity proc€sses, services and functionality 5

lll.l.5. Documentation of the NAAS ecosystem, methodological instruments, technological and software tools and

nodules ofcooperation between science institutions and participants ofsuch cooperation5

II.2. NAAS preparation for use l0

II.3 NAAS preparation for commercialization l0

Vlaximum score: 50

44

45

Description ofthe Evalurtion Criteria for the Results ofthe Stage III

Criterion Explanation

lll.l. Developed final version of the NAAS Evaluation of the final version of the NAAS, its completeness,

functional performance, correctness, efficienrlq44 v4td!!y.

III.I .l Completeness of the NAAS Evaluation of the completeness of the NAAS:. Functionalperformanceo Processimplementationo Integrity ofthe componentso Effrciency of the system. Convenience ofthe user interfac€

III.l.2. Functional testing results of the NAAS Evaluation of the results of the NAAS functional testing,

functional adequacy and correctness ofthe system.

III. 1.3. Test operation by the NAAS users and experts Evaluation of the results of the NAAS test operation:. Evaluation by the expert team ofthe project. Evaluation by the independent experts. Evaluation by the representatives ofuser groups

IILI.4 Readiness of the NAAS activity processes, services and

functionality

Evaluation of the NAAS readiness:. Support and completeness ofthe activity processes

. Completeness ofservices

Uf tS. pocumentation of the NAAS ecosystem, methodological

instruments, technological and software tools and modules ofcooperation between science institutions and participants of such

cooperation

Evaluation of the NAAS documentation:. Functionaldocumentation. User documentation. Operation instructions and rules. Support instructions and rules. Documentation ofmethodological tools. User guides for operational functions, processes and

services oftechnological and software tools

. Modules of cooperation between science institutions

and participants of such cooperative activities

III.2 NAAS preparation for use EruluatG of th"ruluation of th" p."pa.ation for use of the product developed

and tested by the Tenderer after the Stage III:. Readiness of the solution for mass use

. Installed and compatible equipment

. Ensured futl availability of tjre services and

functionalitY. The solution is presented to user groups

. Prepared plans and rules of operation and maintenance

and trained nec€ssary experts

IIIS NAAS ptep*atit, for commercializationloPed andcialization

and introduction to the markel

lg.To facilitate the evaluation and harmonize possible interpretations ofthe scores ofthe analyzed tenders, the members and/or

experts of the m"-commerciaf pro"rr"r.nt iommission shall give the following points of the respective values of a criterion:

46

Score Values ofthe Evaluation Criteria for the Results of the Sttge III

Criterir Criterion evalurtion valueMaximum score:

30Explanation of the evrluation

II I Developed final version of the NAASIL I . l. Completeness of the NAAS 0 Ihe NAAS solution has not been developed

1-3 Ihe NAAS solution is partially developed or incomplete critical)omponents, or poorly meets all the requirements of thtriterion.

4-6 the NAAS solution is partially developed or incomplete, otrartially meets all the requirements of the criterion.

7- 10 Ihe NAAS solution is fully developed and completed and meetsrll the requirements of the criterion.

1.2. Functional testing results of the NAAS n {o information is provided on the results of the NAASi.rnctional testing.

1-3 )artially performed functional testing of the NAAS solution, orlartially provided testing results, fi:nctional adequacy of theiystem, correctness of the information, critical or importanl,rTors.

4-5 Fully functional testing of the NAAS solution, full and detaile<:esting results, functional adequacy of the system, corectness o.he information, no critical and important errors.

lll.l.3. Test operation by the NAAS users an(9xperts

0 \o infornration provided on the results ofthe test operation b;te NAAS users and experts.

l-3 )artially performed test operation by the NAAS users an(:xperts or poorly evaluated by two ofthe evaluation groups:

. Project expert team

. Independent expert team

. Representative group ofthe user groups

4-5 Fully performed test operation by NAAS solution users and:xperts and well evaluated by all the goups:

. Project expert team

. Independent expert goup

. Representative grouDs ofthe user erouoslll.l.4. Readiness of the NAAS activity proresseslervices and finctionality

0 {o information provided on the readiness of the NAAS activit)rrocesses, services and functionalifi.

l-3 )artially provided information on the readiness of the NAASrctivity processes, services and fimctionality or not all activitl)rocesses, services and firnctionality are ready for use.

4-5 rully and in detail provided information on the readiness oftherf the NAAS activity processes, services and functionality, allrctivitv processes. services and functionalitv are readv fnr rrce

lll.l.5. Documentation of the NAAS ecosystemmethodological instruments, technological an(;oftware tools and modules of cooperation betweer;cience institutions and participants of sucl:ooperalion

0 Ihe NAAS solution documentation is not provided or does no.)over more than three areas specified in the description of thr;riterion.

l-3 Ihe NAAS solution documentation is partially provided or doesnot covff up to thee areas specified in the description of thrriterion.

4-5 Ihe NAAS solution documentation is fully and in detailrovided and include all the areas specified in the description o1

he criterion.II.2. NAAS preparation for use 0 rlo information provided on the preparation of the NAAS

iolution for use.

l-3 I-he NAAS solution is not fully developed and tested and does

rot meet more than two requirements for the preparation for use

iet out in the description ofthe criterion.4-6 the NAAS solution is partially developed and tested or partially

neets all the requirements for the preparation for use set out irhe description ofthe criterion.

7 -10 the NAAS solution is fully developed and tested and fullyneets all the requirements for the preparation for use set out inhe description ofthe criterion.

II.3. NAAS preparation for commercialization 0 frial software (final product) is not developed.

l-3lrial software poorly or does not meet at all the flrnctionalequirements for the final product specified in the technical;pecifications.

4-6frial software meets the majority of the functional requirements

br the final Droduct specified in the technical specifications

7- 10frial software perfectly meets all the functional requirements folhe final product specified in the technical specifications.

19. Every member and/or expert of the Pre-Commercial Procurement Commission shall evaluate a relevant criterion by giving it an

evaluation score within the specified limits. Based on such evaluations, the average ofthe evaluation scores will be calculated for

each value ofthe evaluated criterion.

The Contracting Authority may request for the presentation of the system for the identification and monitoring of the information effect

phenomena developed in the Stage III.

4'.|

Annex 6

CONTRACT NO.FOR THE STAGE I OF THE PRE-COMMERCIAL PROCUREMENT

.DEVELOPMENT O['TIIf, NATIONAL ECOSYSTEM F'OR THE RECOGNITION AND ANALYSIS OF THEINF'ORMATION EF'F'ECT PHENOMENA (NAAS)'

2020Vilnrus

General Jonas Zemaitis Military Academy of Lithuania, legal entity number: 2llg5g}41, registered office address: Silo St Se,Vilnius, the entity's data are collected and stored in the Register of Legal Entities, represented by Commandant Colonel JuozasKAdERGIUS, acting on the basis of the Statute of General Jonas Zemaitis Military Academy of Lithuania approved by the ResolutionNo. 896 of l0 August 1999 ofthe Government of the Republic oflithuania (hereinafter referred to as the Contracting Authority),

and

Irnme of the Tenderer\, identity number of the natural/legal person: [...], registered office address: l. . .1, lf the Tenderer is a legalperson, please specify thot the data about the entity are collected and stored in lhe in the Register of Legal Entitiesl, represented byfltosition, full nomel, acting on the basis of fthe docament whereby the signing person is authorized to sign the contractf (hereinafterreferred to as the Tenderer,/, [if it is a group o/ legal entities, please specify respective data about etery partner) (hereinaftercollectively referred to as the Parties and individually as the Party),

have concluded this Contract for the Stage I of the Pre-Commercial Procurement Development of the National Ecosyslem forthe Recognition and Analysis of lhe Information Efect Phenomena Q',IAAS) (hercinafter referred to as the Contract) and have ageedon the following terms and conditions:

I. SUBJECTOF'THE CONTRACT

l. By virtue ofthis Contract and in accordance with the procedure and terms and conditions established in this Contract, theTenderer shall undertake to develop and validate the concept of the pre-commercial procuremelt Developmenl of the NalionalEcosystem for the Recognilion and Aralysis of the In/ormation Eflecl Phenomeno (NAAS) (herenafter referred to as the the Pre-commercirl Procurement Result) conducted on the basis of the Contract No ESIFI-1047 of the Project No. 01.2.1-LVpA-V-835-03-0006 Development of the National Ecosystem for lhe Recognition and Anolysis of the Information Eflect Phenomera (NAAS)(hereinafter referred to as the financing Contract) concluded by the Contracting Authority and Lithuanian Business Support Agency(hereinafter refened to as the Implementing Body), co-financed by the European Union Structural Funds, and shall perform ihe foffowingactivities to achieve the Result of the Pre-commercial procurement:

' Development of NAAS activity model (forecasting the scope of activities, identification of necessary resources, development ofmethods for the implementation of activities and application of the activity model in the institutional aciivities).

' Definition ofthe analysis process (preparation ofthe analysis process model, its detailed description and feasibility evaluation ofthe analysis process automation).

' Development of the information eflect recognition methodology (definitions of the information effect, monitored field andinformation dimensions, compilation of phenomena sets and testing and adjustment of developed methodologies).

' Development of the evaluation methodology for the efficiency of the information effect proceises and measties.'' Preparation ofthe plan ofmeasures for strengthening motivation for civic engagement and methodology for the evaluation oftheir

efficiency; realization of the plan based on the developed ocosystem: deveiopment of the methoTology for determining themotivation for civic engagement of motivation for civic engagement o? theLithuanian population; development o agement ofthe Lithuanian population.. Preparation of a conceptual model fo ritation of connecting dimeniions (time,geographical location, personal name, topic, etc.); attribution ofinformation items, evaluation oftechnologica

-viatitity and frrrther

development opportunities.

48

49

. Preparation ofthe information system architecture (general architecture, evaluation and selection ofthe information sources, design

of technical solutions for information collection, adaptation of computational linguistic tools (developed by other projects) and

development oftle new ones.

2. By virh.re of the Contract and in accordance with the procedwe and terms and conditions established in this Contract, the

Contacting Authority shall undertake to pay the Tenderer for properly and timely developed Pre-commercial Procurement Result not

exceeding the maximum fixed price per Tenderer indicated in Clause 10 of the Pre-commercial Procurement Conditions (hereinafter

referred to as the Conditions).3. The Pre-commercial Procurement Result shall be developed in 6 months from the entry into force ofthe Contract. The Pre-

commercial Procurement Result and requirements for its development are specified in the Technical Specifications (see Annex 2).

II. PRICE OF THE CONTRACT (PRICING RULES) AND TERMS OF PAYMENT

4. The Contracting Authority shall pay the Tenderer for the properly and timely developed Pre-commercial Procurement

Result in accordance with-the p.o."dwe established in the Contract fplease specify the value in Euro,figures andwordsl (hereinafter

referred to as the Price).5. The Price shall be maximum and fixed. The Parties shall clearly agree that the Price shall be the maximum part of the

Tenderer,s services to be financed by the Contracting Authority. The risk of other fees and costs shall be bome by the Tenderer.

Changes in the tax environment, othei taxes and costs, general price level or prices ofservice groups shall not result in recalculation ofthe Price.

6. The Services shall be deemed to have been provided properly and the Tenderer shall acquire the right to receive the Price in

the amount specified in the Confiact in accordance wlth ttre terms and procedure established in this Contract only after the Tenderer

transfers the he-commercial procurement Result to the Contracting Authority in accordance with the procedure established in the

Clause 9 ofthe Contract.7. If the Contracting Authority determines that the Pre-commercial Procurement Result or is technical, functional, quantitative

and qualitative criteria do not meet tiie requirements set out in the Contract and documents of the pre-commercial procurement, the

Price to be paid to the Tenderer shall be reduced in proportion to the results achieved.g The procedure for the price reductions: il in accordance with the evaluation criteria for the results of the Stage I established

in the Conditions, after the evaluation of the results of the pre-commercial procurement, the Pre-commercial Procurement Commission

determines by a joint decision that the Tenderer has scored 0 poins for a certain evaluation criterion, the Price to be paid to the

Tenderer shall be reduced in proportion to the maximum score ofthat evaluation criterion. The Price shall not be paid to the Tenderer ifthe contractual obligations *i not fulfitt.a (the result of a respective pre-commercial procurement stage has not been achieved).

9. The Contracting Authority shall accept the Pre-commercial Procurement Result by signature By accepting the Pre-

commercial hocurement Result, the'Contracting Authority must make sure that the pre-commercial procurement object, its technical,

fimctional, quantitative and qualitative criterii meet the requirements set out in the Contract and pre-commercial procurement

documents and other conditions established in the contract arJ not violated. The contracting Authority shall pay the Tenderer for the

pre-commercial procurement Result in accordance with the torms and conditions of the contract no later than within 30 (tttrty)

calendar days from the date ofreceipt ofthe vAT invoice and the date ofsignature ofthe Deed ofthe Pre-

commercial Procurement Result (see Annex 7) (from the later date). The Tenderer shal the Contracting

Authority using the information system E ,qikoito. If the Tenderer submits the VAT invoice shall be

deemed not to have been submitted

III,RIGHTS AND OBLIGATIONS OF THE PARTIES

l0 The Tenderer shall undertake to develop the Pre-commercial Procurement Result in a professional and careful manner in

accordance with the provisions of the Contract and requirements of legal acts, to _ensure

the compliance of the Pre-commercial

procurement Result with the requirements of the Technical specifications isee Annex2), to fulfrll all the duties arising from an honest

*arn", anO to cooperate wiilr tfre Contracting Authority in fuifilling the contractual obligations established in the Contract'

I l. The Contracting Authority sh-all procuri the goods ind./or services-n_ecessary for the provision gflfre scientific research

and experimental developmen-t (hereinafter reierred to as -the

R&D) services following the Law on Public Procurement' Law on

50

Procurement by Contracting Entities in the Field of Water Management, Energy, Transport or Postal Services and Law on PublicProcurement in the Field of Defence and Security.

12. The Tenderer shall undertake to enable the Contacting Authority and other competent authorities respectivelyauthorized by laws or other legal acts to check the performance ofthe Contract.

13. For the purpose ofperforming the Contract, the Tenderer shall have the right to involve the Sub-provide(s) providedthat the Tenderer has indicated the intention to involve the Sub-provider(s). The Tenderer shall in any case be liable for all obligationsassumed under this Contract regardless ofwhether or not third parties will be used to carry them out.

14. The Contracting Authority shall undertake to pay the Price specified in the Contract in accordance with the procedureand terms established in the Contract, to fulfill all the duties arising from the Contract in accordance with the procedure established inthe Contract, to act in an honest manner, not to violate the requirements of the Contact and legal acts and to cooperate with theTenderer in fulfilling the Contract.

15. The Contracting Authority or the authorized representative shall have the right to receive from the Tenderer allnec€ssary information pertaining to the development of the Pre-commercial Procurement Result, to get familiarized with thedocuments or information related to the Pre-commercial Procurement Result and performance of the Contract and to monitor theperformance ofthe Contract and on-site checks.

16. The Parties shall agree to cooperate, to inform each other in a timely manner about the progress of the fulfillment of theundertaken obligations and to immediately notif, about the circumstances that may hinder the quality and timely firlfillment of thecontractual obligations.

IV. ACKNOWLEDGMENTS AND GUARANTEES

17. Each ofthe Parties hereby declares and guarantees to the other party that:17.1. the Party has dl rights, powers and approvals necessary forthe conclusion andperformance ofthe Contract;17.2. the Party has carried out all required legal actions for the Contract to be properly concluded and vali{ holds all permits

and licenses provided for by legal acts and has the employees required for providing or receiving the services;l7'3' the conclusion and performance ofthe Contract does not violate (i) the respective Party's articles ofassociation and

business documents; (ii) laws and other legal acts applicable to it; (iii) decisions, acts or other documents ofthe court or other publicauthorities that are binding on the respective Party; (iv) agreements concluded by the respective Party or unilateral obligations asiumedin respect ofthird parties; (v) righs of creditors ofthe respective party.

V. LIABILITY

18. Where the Tenderer delays, tfuough his/trer fault, the development of the Pre-commercial Procurement Result during theperiod fixed in the Conkact, the Contracting Authority may, without a written notice and without losing the right to other..."di"r,demand under the Contract late payment interest of 0.027o from the arnount ofthe hice per each delayeJ day calculated from the endof the Pre-commercial Procurement Result development period specified in the Contract until the day of thi actual development andtransfer of the delayed Pre-commercial Procurernent Result. Late payment interest may be withheld from the price to be paid to theTenderer.

19. In the event of the failure to make the payment within the fxed time limits, the Contacting Authority must pay, on theTenderer's request, late payment interest of0.02% from the delayed amount ofthe Price per each delayed dly.20. The payment of the late payment interest shall not relieve the Parties fiom the auty 1o rutnU the obligations assumedunder the Contract.

2l Where the Tenderer is unable to firlfill in a timely and/or proper manner the obligations provided for in the Contractthrough the fault of the Contracting Authority and./or due to the Circumstances depending on the-Conraciing Authority and./or due toany other circumstances beyond control of the Tenderer, the Tenderer shall be exemplted from the liabillty under this part of theContract and shall not be charged late payment interest.

22. The Party which fails to fulfill or improperly fulfills its obligations under the Contract must indemni! to the othor partyall resulting direct losses.

51

23. In all instances, the Party to the Contract shall indemnifu only direct losses according to this Conffact, and the amount ofthe indemnified losses may not exceed the Price. This limitation of liability shall not apply when losses arise from deliberate acts orgross negligence ofthe Party to the Contract.

24. Where the Tenderer breaches the obligations provided in the Contract (excluding the case provided for in the Clause 7

of the Contract), the Contracting Authority shall have the right to notifo in writing the Tenderer and eliminate the breaches within thereasonably fixed time limit. Where the Tenderer fails to eliminate the breaches within the time limit fixed by the Contracting Authority,the Contracting Authority shall have have the right to unilaterally terminate the Contract by notiffing the Tenderer no later than 30days in advance and claim compensation for losses incurred as a result ofthe breach.

VI.VALIDITY, AMENDMENT, EXPIRY AND TERMINATION OF THE CONTRACT

25. The Contract shall enter into force on the day of its signing. The Contract shall be valid until the proper fulfillment ofthe obligations or termination of the Contract

26. During the validity of the Contract, its terms and conditions may not be amended

27 . In addition to the cases of termination of the Contract specified therein, the Conffact may be terminated in accordance

with the procedure and in the cases specified in the Civil Code ofthe Republic ofLithuania and/or other legal acts.

VII. FORCEMAJEURE

28. The Parly shall not be held liable for the nonfulfillment or improper firlfillment of any obligations under the Contract, ifthe Party proves that the reason for that was the circumstances which the Party could not control and reasonably foresee, avoid or

remove by any means, e.g. decisions ofthe Government and other acts affecting the Party's business, political unrest, strikes, declared

and undeclared wars, other armed conflicts, fnes, tides, other natural disasters (hereinafter referred to as the Force Majeure

Circumstances). Under Force Majewe Circumstances, the Parties shall be exempted from liability for the nonfulfillment or improper

fulfillment ofthe obligations provided for in the Contract in accordance with the procedure set fortlr by legal acts ofthe Republic ofLithuania, and the time limit for the fulfillment of the obligations shall be extended.

29. The Party seeking exemption from liability must notifr the other Party in writing of the Force Majeure Circumstances

immediately but no latei that within 3 (three) working days of the occu1Tenc€ of becoming awme of such circumstances by providing

the proof demonstrating that it has taken all reasonable precautions and has made all efforts to reduce expenses or adverse

cons;quences and notifo of the expected time limit of the fulfillment of obligations. The notification shall also be required when the

grounds for the nonfulfillment ofthe obligations cease to exist.

30. The grounds for exemption of the Party from liability shall appear from the moment of occurrence of the Force Majeure

Circumstances o. *h... the notificition has not been submitted in a timely mannef - from the moment of the receipt of the

notification. The party communicating the notification with delay or failing to notiry must indemniry to the other Party the damage

incurred thereby due to the late notification or due to the failure to notifl.31. Where the Force Majeure Circumstances persist for more than 30 (thirty) calendar days, either Party shall have the right

to terminate the Contract by notifoing the other party no later than 10 (ten) calendar days before the day of the Contract termination.

VIII. ENFORCEMENT OFTHE CONTRACT

32. The Contracting Authority shall not require to secure the performance of the Stage I of the Pre-commercial

hocurement Contract by a guarantee ofa bank or an insurance company.

52

IX.EXERCISE OF THE INTELLf,CTUAL PROPERTY RIGHTS

33. The intellectual property objects that are created or appear during or before the participation ofthe Tenderer in the pre-

commercial procurement and/or provision of the R&D services, if they are used by the Tenderer in the pre-commercial procurement

and/or in the provision ofthe R&D services, shall belong to the Tenderer.34. The Tenderer must grant to the Contacting Authority the right of unlimited and free of charge use of the intellectual

property objects developed in the pre-commercial procurement and modi!, adapt and decompile them for own use in order to use the

intollectual property objects for the purpose they were acquired, and a non-exclusive right (e.g. license under market conditions) to

third parties. The objects of the intellectual property belonging to the Tenderer which are not created during the pre-commercialprocurement but are used by the Tenderer to perform the pre-commercial procurement shall be licensed to the Contracting Authorityunder fair, reasonable and non-discriminatory conditions.

X. THE USE OF PHYSICAL PROPERTY DEVELOPED IN THE PRE-COMMERCIAL PROCUREMENT

35. Where the Pre-commercial Procurement Results developed by the Tenderer in the pre-commercial procurement areinextricably connected to physical property (created prototype of the innovative product or the innovative product test batch), theTenderer must transfer this property to the Contracting Authority

36 The transfer of physical property shall be recorded in the Delivery and Acceptance of Deed of the Pre-commercialProcurement Result (see Annex 7).

XI. MISCELLANEOUS

37. The Parties acknowledge ttrat by concluding this Contract they express their willingness to be bound by the Contract.38. The Contract is concluded and shall be performed and construed according to the laws ofthe Republic oflithuania and

shall be govemed by the law of the Republic of Lithuania39. Any provision of the Contract which becomes or is declared fully or partially invalid shall not affect the validity of the

remaining provisions of the Contract40. Where for the performance of the Contract the Tenderer involves the Sub-provider(s) who improperly firlfill(s) the

obligations to the Tenderer and also when the Sub-provider(s) is (are) incapable offulfilling the obligations to the Tenderer because ofthe instituted bankruptcy proceedings and/or a similar situation, the Tenderer may replace the Sub-provider(s) notiSing theContracting Authority in writing in accordance with the procedures set forth in the Contract stating the reasons for the replacement ofthe Sub-provider(s). ln the event ofthe replacement ofthe Sub-provider(s), the Parties shall conclude an agreement on the replacementof the Sub-provider(s) This clause of the Contract shall apply where the Tenderer has indicated the intention to involve the Sub-provider(s) in the Tender.

41. Each Party shall undertake, without a prior written consent ofthe other Party, not to disclose to any third parties theconfidential information received in the pre-commercial procurement for at least 4 (four) years after the last transfer of th. p.e-commercial procurement contract performance results.

42 Disputes shall be seftled by way of negotiations, and in the event of failure to settle the dispute within 30 (thirty)calendar days ofthe starting ofthe dispute (the starting day ofthe dispute shall be the day on which one Party to the Contract receiveJ aclaim from the other Party filed in accordance with the procedure set forth in the Contract), the dispute shall be settled before acompetent court in accordance with the procedure set forth by laws.

43. The Parties agree that all correspondence conceming the Contract between the Parties shall take place in the Lithuanianlanguage. All notifications and correspondence which may be submifted by one Pafty to the other Party undei the Contract shall beconsidered to be valid and duly delivered when the acknowledgn,ent ofthe receipt is received or whenthey are sent by a registeredmail' fax' or e-mail to the addresses ofthe Parties specified in the Contract, other irldresses offax numbers indicated by the party whencommunicating the notifi cation

44. In the event of change of the Party's address and/or other contact or payment details, the party must notifi the otherParty ofthe envisaged change ofsuch details no later than 3 (three) working days in advance. Ifthe party defaulis on the duty to noti$,

53

it shall be considered that the other Party has properly fulfilled its duties where it has fulfilled them using the last contact and/orpayment details available to it.

45. The Contract has been concluded in two copies ofequal legal value in the Lithuanian language, each Party has receivedone copy.

46. The Technical Specifications (see Annex 2), Delivery and Acceptance of Deed of the Pre-commercial ProcurementResult (see Amex 7) and the Form of the Tender (see Annex 3) constitute an inseparable parts of the Contract.

CONTRACTINGAUTHORITY TENDERERGeneral Jonas Zemaitis Military Academy of Lithuania

Legal entity number: 2l 1959040VAT number: LTI 19590416Address: Sito St se, LT-l0322, VilniusBank account: LT 65 7044 0600 0596 2197Bank: SEB, bank code: 70440

Phone: +370 5 210 3506Fax: +370 52103693E-mail: [email protected]

Commandant of General Jonas Zemaitis Military Academy of Lithuanra

Colonel Juozas KAdERGIUS

L. S. L. S.

54

CONTRACT NO.F'ORTHE STAGE II OFTHE PRE.COMMERCIAL PROCURDMENT

.DEVELOPMENT OF THE NATIONAL ECOSYSTEM F'OR THE RECOGNITION AND ANALYSIS OF'THEINF'ORMATION EF'['ECT PHENOMENA (NAAS)"

2020Vilnius

General Jonas Zemaitis Military Academy of Lithuania, legal entity number: 211959040, registered office address: Sito St 5n,Vilnius, the entity's data are collected and stored in the Register of Legal Entities, represented by Commandant Colonel JuozasKAdERGIUS, acting on the basis of the Statute of General Jonas Zemaitis Military Academy of Lithuania approved by the ResolutionNo. 896 of l0 August 1999 of the Government of the Republic of Lithuania (hereinafter referred to as the Contrrcting Authority),

and

[Name of the Tendererl, identity number ofthe natual/legal person: [...], registered office address: l. .1, lt/ the Tenderer is alegal person, please specify that the data aboul lhe enlity are collected and stored in the in lhe Register ofLegal Entilierl, representedby fltosilion, full namel, act;ng on the basis of llhe document whereby lhe signing person is aulhorized to sign lhe conlractl (hereinafter

referred to as the Tenderer.), li/ it is a group of legal enlilies, please specifl respeclive dala aboul every partner) (hereinaftercollectively referred to as the Parties and individually as the Party),

have concluded this Contract for the Stage II of the Pre-commercial Procwement Development of the Nationol Ecosystem forthe Recognition and Analysis of the Inlormation Effect Phenomena (NAAS) (herenafter referred to as the Contrrct) and have agreedon the following terms and conditions:

I. SUBJECTOFTHE CONTRACT

l. By virtue ofthe Contract and in accordance with the procedure and terms and conditions established in 0ris Contract, theTenderer shall undertake to develop the prototype of the pre-commercial procuremett Development of the Nationol Ecosyslem /or theRecognilion and Analysis of the Informalion Efect Phenomena (NAAS) (herenafter referred to as the Result of the Pre<ommercialProcurement) conducted on the basis ofthe Contract No. ESIFI-1047 ofthe Project No. 01.2.1-LVPA-V-835-03-0006 Developmentof the National Ecosystem for the Recognilion and Analysis of the Information Effect Phenomena (NAAS) (hereinafter referred to as theFinancing Contract) concluded by the Contracting Authority and Lithuanian Business Support Agency (hereinafter referred to as theImplementing Body), co-financed by the European Union Structural Funds, and shall perform the following activities to achieve thePre-commercial Procurement Result:. Installation of the conceptual model for combining kinetic and electronic information (selection/adaptation/development of the

technological tools enabling information combination);. Selection and implementation of the information system architecture solutions (to develop/select a set of analltical tools for the

analysis oflinguistic, video and audio data; to develop/select a set ofanalytical tools for forecasting fuhue events and modelingpossible scenarios; to develop/select an integration platform for data collected from different sources; to develop/select analyticaltools for data visualization;

. Testing, evaluation, selection and pilot operation of reliability and applicability of developed methodologies, technical solutions,integration platform, selected/developed/adapted tools and analysrs process.

2. By virtue of the Contract and in accordance with the procedure and terms and conditions established in this Contact, theContracting Authority shall undertake to pay the Tenderer for properly and timely developed Pre-commercial Procurement Result notexceeding the maximum fixed price per Tenderer indicated in Clause 10 of the Pre-commercial Procurement Conditions (hereinafterreferred to as the Conditions).

3. The Pre'commercial Procurement Result shall be developed in 12 months from the entry into force ofthe Contract. The Pre-commercial Procurement Result and requirements for its development are specified in the Technical Specifications (see Annex 2)

55


4. The Confiacting Authority shall pay the Tenderer for the properly and timely developed Pre-commercial Procurernent

Result in accordance with the procedure established in the Contract lplease specify lhe value in Ewo, figwes and wordsl (hereinafter

referred to as the Price).5. The Price shall be maximum and fixed. The Parties shall clearly agree that the Price shall be the maximum part of the

Tenderer's services to be financed by the Contracting Authority. The risk of other fees and costs shall be borne by the Tenderer.

Changes in the tax environment, other taxes and costs, general price level or prices ofservice groups shall not result in recalculation ofthe Price.

6. The Tenderer who submits a wriften request to the Contracting Authority, advance VAT invoice and advance insurance

document (a guarantee or the letter of guarantee from a financial institution or an insuanc€ company or the lefter of warranty or

warranty insuiance for the full amount of the advance payment which must be unconditional and irrevocable and valid for at least 2

months after the expiry of the latest contractual period for the performance ofthe contractual obligations, including their extensions)

may be paid an advance. The maximum possible amount is 30 (thirty) per cent of the Price if the lmplementing Body recognizes such

*.1. ^itlgibl"

for funding. Having received the funds for the payment of the advance from the Implementing Body, the Contracting

Authority shall pay the advance to the Tenderer no later than within 5 (five) working days

7. The Servic,es shall be deemed to have been provided properly and the Tenderer shall acquire the right to receive the Price in

the amount specified in the Contract in accordance with the terms and procedure established in this Contract only after the Tenderer

transfers the pre-commercial procurement Result to the Contracting Authority in accordance with the procedure established in the

Clause I I ofthe Contract.8. If the Contracting Authority determines that the Pre-commercial Procurement Result or its technical, functional, quantitative

not out in the of the pre-commercial procurement, or the

ent i according d by law and Financing Contact), the Price

shal to the resu

9. The procedure for the price reductions: if, in accordance ria for the results ofthe Stage II established

in the Conditions, after the evaluation of the results of the pre-commercial procurement, the Pre-commercial Procurement Commission

determines by a joint decision that the Tenderer has scored 0 points for a certain evaluation criterion, the Price to be paid to the

Tenderer shall be reduced in proportion to the maximum score of that evaluation criterion. If the pre-commercial procurement is

terminated, the Tenderer shall be paid for the activities performed to achieve the Pre-commercial Procurement Result.

l0 If the contractual obligations are not fulfilled (the Pre-commercial Procurement Result is not achieved), the kice shall

not be paid to the Tenderer. Ifthe Tinderer was paid an advance, the Tenderer must return it in full to th€ Contracting Authority no

later than within 5 (five) working days after the request of the Contracting Authority.

ll. The Contracting-eutirority shall aicept the Pre-commercial Procurement Result by sigrature. By accepting the Pre-

commercial procurement Resu]t, the Contracting Authority must make sure that the pre-commercial procurement object, its technical,

functional, quantitative and qualitative criteria meet the requirements set out in the Contract and pre-commercial procurement

documents and other conditions established in the Confact are not violated. The Contracting Authority shall pay the Tenderer for the

pre-commercial procurement Result in accordance with the terms and conditions of the Contract no later than within 30 (thirty)

calendar days from the date ofreceipt ofthe VAT invoice and the date ofsignature ofthe Deed ofthe Pre-

commercial Procurement Result (see Annex 7) (from the later date). The ienderer shal the Contacting

Authority using the information system E. sqskaita. If the Tenderer submits the vAT invoice shall be

deemed not to have been submitted.

III.RIGHTS AND OBLIGATIONS OF THE PARTIES

12. The Tenderer shall undertake to develop the Pre-commercial Procurement Result in a professional and careful manner in

accordance with the provisions of the Contract and requirements of legal acts,.to ensure the compliance of the Pre-commercial

procurement Result with the requirements of the Technical Specifications (see Annex 2), to fulfill all the duties arising from the

56

Contract in accordance with the procedure established in the Contract, to act in an honest manner and to cooperate with the ContractingAuthority in fulfilling the contractual obligations established in the Contract.

13. The Contracting Authority shall procure the goods and/or services necessary for the provision of the the scientificresearch and experimental development (hereinafter referred to as the R&D) services following the Law on Public hocurement, Lawon Procurement by Contracting Entities in the Field of Water Management, Energy, Transport or Postal Services and Law on PublicProcurement in the Field ofDefence and Security.

14. The Tenderer shall undertake to enable the Contracting Authority and other comp€tont authorities respectivelyauthorized by laws or other legal acts to check the performance ofthe Contract

15. For the purpose ofperforming the Contact, the Tenderer shall have the right to involve the Sub-provide(s) providedthat the Tenderer has indicated the intention to involve the Sub-provide(s). The Tenderer shall in any case be liable for all obligationsassumed under this Contract regardless ofwhether or not third parties will be used to carry them out.

16. The Contracting Authority shall undertake to pay the Price specified in the Contract in accordance with the procedureand terms established in the Contract, to fulfill all the duties arising from the Contract in accordance with the procedure established inthe Contract, to act in an honest manner, not to violate the requirements of the Contract and legal acts and to cooperate with theTenderer in fulfilling the Confract.

17. The Contracting Authority or the authorized representative shall have the right to receive fiom the Tenderer allnecessary information pertaining to the development of the Pre-commercial Procurement Result, to get familiarized with thedocuments or information related to the Pre-commercial Procurement Result and performance of the Contract and to monitor theperformance ofthe Contract and on-site checks

18. The Parties shall agree to cooperate, to inform each other in a timely manner about the progress of the fulfillment of theundertaken obligations and to immediately notifu about the circumstances that may hinder the quality and timely fulfillment of thecontractual obligations.

IV. ACKNOWLEDGMENTS AND GUARANTEES

19. Each ofthe Parties shall declare and guarantee to the other party that:19. l. the Party has all rights, powers and approvals necessary for the conclusion and performance ofthe Contract;19.2. the Party has carried out all required legal actions for the Contract to be properly concluded and vali( holds all permits

and licenses provided for by legal acts and has the employees required for providing or receiving the services;19.3. the conclusion and performance of the Contract does not violate (i) the respective party's articles of association and

business documents; (ii) laws and other legal acts appticable to it; (iii) decisions, acts or other documents ofthe court or other publicauthorities that are binding on the respective Party; (iv) agreements concluded by the respective Party or unilateral obligations asiumedin respect ofthird parties; (v) rights of creditors of the respective party.

V. LIABILITY

20. Where the Tenderer delays, through his/her fault, the development of the Pre-commercial procurernent Result during theperiod fixed in the Contract, the Contracting Authority may, without a written notice and without losing tlre right to other."..ii.r,demand under the Contract late payment interest of 0.02% from the arnount of the Price per each delayeJ day ciculated from the endof the Pre-commercial Procurement Result development period specified in the Contractuntil the aay of tfre actual development andtransfer of the delayed Pre-commercial Procurement Result. Latepayment interest may be withheldhom the hice to be paid to theTenderer.

21 . In the event of the failure to make the payment within the fxed time limits, the Contacting Auftority must pay, on theTenderer's request, late payment interest of0.02% from the delayed amount ofthe price per each delayed diy.22' The payment of the late payment interest shall not relieve the Parties from the duty io futfitt the obligations assumedunder the Contract.

23' Where the Tenderer is unable to fulfrll in a timely and/or proper manner the obligations provided for in the Contractthrough the fault of the Confiacting Authority and/or due to the tircumstances depending on the

-Contacting Authority and,/or due to

57

any other circumstances beyond control of the Tenderer, the Tenderer shall be exempted from the liability under this part of theContract and shall not be charged late payment interest.

24. The Party which fails to fulfill or improperly fulfills its obligations under the Confiact must indemnifu to the other Partyall resulting direct losses.

25. In all instances, the Party to the Contract shall indemnifo only direct losses according to this Contract, and the amount ofthe indemnihed losses may not exceed the Price. This limitation ofliability shall not apply when losses arise from deliberate acts orgross negligence ofthe Party to the Contract.

26. Where the Tenderer breaches the obligations provided in the Contract (excluding the case provided for in the Clause 8

of the Contract), the Contracting Authority shall have the right to noti! in witing the Tenderer and eliminate the breaches within the

reasonably fixed time limit. Where the Tenderer fails to eliminate the breaches within the time limit fixed by the Contracting Authority,the Contracting Authority shall have have the right to unilaterally terminate the Contract by notiffing the Tenderer no later thal 30

days in advance and claim compensation for losses incurred as a result ofthe breach.

VI.VALIDITY, AMENDMENT, EXPIRY AND TERMINATION OF THE CONTRACT

27. The Contract shall enter into force on the day of its signing. The Contract shall be valid until the proper fulfillment ofthe obligations or termination of the Contract.

28. During the validity of the Contract, its terms and conditions may not be amended

29 In addition to the cases of termination of the Contract specified therein, the Contract may be terminated in accordance

with the procedure and in the cases specified in the Civil Code ofthe Republic ofLithuania and/or other legal acts.

VII. FORCE MAJEURE

30. The Party shall not be held liable for the nonfulfillment or improper firlfillment of any obligations under the Contract, ifthe party proves that the reason for that was the circumstances which the Party could not control and reasonably foresee, avoid or

r.-or. ty any means, e.g. decisions of the Govemment and othff acts affecting the Party's business, political unrest, strikes, declared

and undeclarid *ar., oth.. armed conflicts, fnes, tides, other nahrral disasters (hereinafter referred to as the Force Majeure

Circumstances). Under the Force Majeure Circumstances, the Parties shall be exempted from liability for the nonfulfillment or

improper fulfillment of the obligations provided for in the Contract in accordance with the procedure set forth by legal acts of the

Republic of Lithuania, and the time limit for the futfillment of the obligations shall be extended.

31. The party seeking exemption from liability must notiff the other Party in writing of the Force Majeure Circumstances

immediately but no later that wi'ihin 3 ittrree) working days of the occurrence of becoming aware of such circumstances by providing

reasonable precautions and has made e

mit of the fulfillment of obligations. The e

cease to exist.Party from liability shall appear from the e

circumstances or where the notihcation has not been submifted in a timely manner e

notification The party communicating the notification with delay or failing to notiff must irdemnifu to the other Party the damage

incurred thereby due to the late notification or due to the failure to notiff'33. Where the Force Majeure Circumstances persist for more than 30 (thirty) calendar days, either Party shalt have the right

to terminate the Contract by notifing the other party no iater than l0 (ten) calendar days before the day of the Conffact termination'

VIII. ENFORCEMENTOFTHE CONTRACT

34. The Contracting Authority shall not require to secure the performance of the Stage II of the Pre-commercial

procurement Contract by a guaiantee ofa-bank or an insurance company excluding the case specified in the Clause 6 ofthe Contract'

58

IX.EXERCISE OF THE INTELLECTUAL PROPERTY RIGHTS

35. The intollectual property objects that are created or appear during or before the participation ofthe Tenderer in the pre-

commercial procurement and./or provision of the R&D services, if they are used by the Tenderer in the pre-commercial procurement

and/or in the provision of the R&D services, shall belong to the Tenderer.36. The Tenderer must grant to the Contracting Authority the right of unlimited and free of charge use of the intellectual

property objects developed in the pre-commercial procuremont and modifo, adapt and decompile them for own use in order to use theintellectual property objects for the purpose they were acquired and a non-exclusive right (e.g license under market conditions) to thirdparties. The objects of the intollectual property belonging to the Tenderer which are not created during the pre-commercialprocurement but are used by the Tenderer to perform the pre-commercial procurement shall be licensed to the Contacting Authorityunder fair, reasonable and non-discriminatory conditions.

X. THE USE OF THE PHYSICAL PROPERTY DEVELOPED IN THE PRE-COMMERCIAL PROCUREMENT

37 Where the Pre-commercial Procurement Results developed by the Tenderer in the pre-commercial procurement areinextricably connected to physical property (created protot)?e of the innovative product or the innovative product test batch), theTenderer must hansfer this property to the Contracting Authority.

38 The transfer of physical property shall be recorded in the Delivery and Acceptance of Deed of the Pre-commercialProcurement Result (see Annex 7).

XI. MISCf,LLANEOUS

39. The Parties acknowledge that by concluding this Contract they express their willingness to be bound by the Contract.40. The Contract is concluded and shall be performed and construed according to the laws ofthe Republic ofLithuania and

shall be governed by the law ofthe Republic ofLithuania.41. Any provision of the Contract which becomes or is declared frrlly or partially invalid shall not affect the validity of the

remaining provisions of the Contract.42. Where for the performance of the Contract the Tenderer involves the Sub-provider(s) who improperly fulfill(s) the

obligations to the Tenderer and also when the Sub-provider(s) is (are) incapable offulfrlling the obligations to the Tenderer because oftho instituted bankruptcy proceedings utdJor a similar situation, the Tenderer may replace the Sub-provider(s) notifiing tbeConhacting Authority in writing in accordance with the procedures set forth in the Contract stating the reasons for the replacemint ofthe Sub-provider(s). In the event ofthe replacement ofthe Sub-provider(s), the Parties shall conclude an agreement on thereplacementof the Sub-provider(s). This clause of the Contact shall apply where the Tenderer has indicated the intention to involve the Sub-provider(s) in the Tender.

43. Each Party shall undertake, without a prior written consent of the otber Party, not to disclose to any third parties theconfidential information received in the pre-commercial procurement for at least 4 (fourj years after the last transfer of th" pr"-commercial procurement conftact performance results.

44. Disputes shall be settled by way of negotiations, and in the event of failure to settle the dispute within 30 (thirty)calendar days ofthe starting ofthe dispute (the starting day ofthe dispute shall be the day on which one party to the Contract receives aclaim from the other Party filed in accordance with the procedure set forth in the C'ontract), the disputi shall be seftled before acompetent court in accordance with the procedure set forth by laws.

45.ranguage A, ffi.:,eT8"ff#,Hffrfficonsidered toma,, rax, ore Ttffi:TilL?'ffTT:fcommunicating the notification.

46. In the event ofchange ofthe Party's address and,/or other contact or payment details, the party must notifo the otherParty ofthe envisaged change ofsuch details no later than 3 (three) working days in aivance. Ifthe party defaults on the duty to noti$,

59

it shall be considered that the other Party has properly fulfilled its duties where it has fulfilled them using the last contact and./orpafnent details available to it.

47. The Contract has been concluded in two copies ofequal legal value in the Lithuanian language, each Party has receivedone copy

48 The Technical Specifications (see Annex 2), Delivery and Acceptance of Deed of the Pre-commercial hocurementResult (see Annex 7) and the Form ofthe Tender (see Annex 3) constitute an inseparable parts ofthe Contract.


Legal entity number: 21 1959040VAT number: LTI 19590416Address: Sito st se,, LT-10322, vilniusBank account: LT 65 7044 0600 0596 2197Bank: SEB, bank code: 70440

Phone: +370 5 210 3506Fax: +370 5 210 3693E-mail: lka@mil lt

Commandant of General Jonas Zemaitis Military Academy of Lithuanra

Colonel Juozas KAdERGIUS

L.S L. S.

60

CONTRACT NO.FOR THE STAGE III OF THE PRE.COMMERCIAL PROCUREMENT

(DEVELOPMENT OF'THE NATIONAL ECOSYSTEM T'OR THE RECOGNITION AND ANALYSIS OT'THf,INFORMATION EFFECT PHENOMENA (NAAS)"

2020Vilnius

General Jonas Zemaitis Military Academy of Lithuania, legal entity number: 2llg5g}40, registered office address: Sito St Sa,,

Vilnius, the entity's data are collected and stored in the Register of Legal Entities, represented by Commandant Colonel Juozas

KACERGIUS, acting on the basis of the Statute of General Jonas Zemaitis Military Academy of Lithuania approved by the ResolutionNo. 896 of l0 August 1999 of the Government of the Republic of Lithuania (hereinafter referred to as the Contracting Authority),

and

lName of the Tendererl, identity number ofthe natural,4egal person: [...], registered office address: [...1, lf the Tenderer is alegal person, please specify lhat lhe dola about the entity are collecled and slored in the in the Regisler ofLegal Enlilies], representedby ftosition, full nomel, acttng on the basis of lthe document whereby the signing person is authorized to sign lhe contract) (hereinafter

referred to as the Tenderer,), lij it is a group of legal entities, please specify respective dota about every partnerl (hereinaftercollectively referred to as the Parties and individually as the Party),

have concluded this Contract for the Stage III of the Pre-commercial Procurement Development of the National Ecosystem forthe Recognition and Arnlysis of the Information Effecl Phenomeru (NAAS) (herenafter referred to as the Contract) and have agreedon the fo[owing terms and conditions:

I. SUBJECTOFTHE CONTRACT

l. By virnre of the Contract and in accordance with the procedure and terms and conditions established in this Contact, theTenderer shall undertake to develop a test batch ofan innovative product, including the procurement ofthe innovative products on a

commercial scale of the pre-commercial procurement Dettelopmenl of the Nationol Ecosystem/or lhe Recognition and Analysis of theInformation Effect Phenomena (NAAS) (hereinafter referred to as the Result of the Pre-commercial Procurement) conducted on thebasis of the Contract No. ESIFI-1047 of the Project No. 0l 2.1-LVPA-V-835-03-0006 Development of the National Ecosystemfor theRecognition and Anolysis of the Information Effect Phenomena (NAAS) (hereinafter referred to as the Financing Contract) concludedby the Contracting Authority and Lithuanian Business Support Agency (hereinafter referred to as the Implementing Body), co-financed by the European Union Structural Funds, and shall perform the following activities to achieve the Result of the Pre-commercial Procuremont:. Identification of the missing undeveloped components (preparation of the competenc€ structure, open data and social Intemet

archive model and description of infrastructure needs and development) and transfer and testing of the solution in the environmentunder the conditions close to the actual operating conditions of the technology (i.e. Departrnent of Strategic Communication of theLithuanian Armed Forces);

. Demonstration of the operation of the prototype in the actual environment for the interested institutions in order to create a modelof inter-institutional cooperation (identification of potential interested public bodies at the national and international level;preparation ofcooperation proess; intor-institutional evaluation ofthe situation, development ofthe methodology for the analysisof possible directions of situational development; inter-institutional development and implementation of a system for situationalevaluation ofthe analysis and forecast ofpotential directions ofthe situational development, tendencies and measures supportingdecision-making process; definition ofpossibilities for cooperation with educational and scientific institutions; preparation oftheprocess ofcooperation with educational and scientific institutions;

. Preparation ofguidelines for further and continuous development;

. Preparation ofguidelines for the application ofintellectual property protection elements to the solution;. Preparation ofguidelines for a possible application ofthe solution for commercial and non-commercial purposes in other areas.

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2. By virtue of the Contract and in accordance with the procedure and terms and conditions established in this Contract, the

Contracting Authority shall undertake to pay the Tenderer for properly and timely developed Pre-commercial Procurement Result not

exceeding the maximum fixed price per Tenderer indicated in Clause l0 of the Pre-commercial Procurement Conditions (hereinafter

referred to as the Conditions).3. The Result ofthe Pre-commercial Procurement shall be developed in 6 months from the entry into force ofthe Contract. The

Result ofthe Pre-commercial Procurement Result and requirements for its development are specified in the Technical Specifications

(see Annex 2).


4 The Contracting Authority shall pay the Tenderer for the properly and timely developed Result of the Pre-commercial

Procurement in accordance with the procedure established in the Contract lplease specifi the value in Euro, figwes and wordsl

(hereinafter referred to as the Price).5. The Price shall be maximum and fixed. The Parties shall clearly agree that the Price shall be the maximum part of the

Tenderer,s services to be financed by the Contacting Authority. The risk of other fees and costs shall be bome by the Tenderer.

Changes in the tax environment, othei taxes and costs, general price level or prices ofservice groups shall not result in recalculation ofthe Price.

6. The Tenderer who submits a written request to the Contracting Authority, advance VAT invoice and advance insurance

document (a guarantee or the letter of guarantee fiom a financial institution or an insurance company or the letter of warranty or

warranty insurance for the full amount of the advanc.e payment wmonths after the expiry ofthe latest contractual period for the per

may be paid an advance. The maximum possible amount is 30 (thi

costs as eligible for funding. Having received the funds for the pa

Authority shall pay the advance to the Tenderer no later than within 5 (five) working days.

7. The Services enderer shall acquire the right to receive the Price in

the amount specified in established in this Contract only after the Tenderer

transfers the pre-comm n accordanc€ with the procedure established in the

Clause I I ofthe Contractg If the Contracting Authority determines that the Pre-commercial Procurement Result or its technical, functional, quantitative

and qualitative criteria do not meet the requirements set out in pre-commercial procurement' the

Price to be paid to the Tenderer shall be reduced in proportion tog. The procedure for the price reductions: ii in acco for the results of the Stage III

established in tire Conditions, afteithe evaluation of the Result of the Pre-commercial Procurement

Commission determines by aloint decision that the Tenderer has scored 0 points for a certain evaluation criterion, the Price to be paid

to the Tenderer shall be reduced in proportion to the maximum score of that evaluation criterion. If the pre-commercial procurement is

terminated, the Tenderer shall be paid for the activities performed to achieve the Result of the Pre-commercial Procurement'

10. Ifthe contractual obligations are not fulfilled" (the Pre-commercial Procurement Result is not achieved)' the Price shall not

be paid to the Tenderer. If the T"enderer was paid an advance, the Tenderer must retum it in full to the contracting Authority no later

than within 5 (five) working days after the request of the contacting Authority.

ll. The Contracting euthority shall accept the Pre-commercial Procurement Result by signature. By accepting the Pre-

commercial procurement Result, the'Contracting Authority must make sure that the pre-commercial procurement object, its technical,

functional, quantitative and qualitative criterii meet thi requirements set out in the Contract and pre-commercial procurement

documents and other conditions established in the Contract are not violated. The Contracting Authority shall pay the Tenderer for the

Result of the pre-commercial procurement in accordance with the terms and conditions of the contract no later than within 30 (thtrty)

calendar days from the date ofreceipt ofthe vAT invoice and the date ofsignature ofthe Deed ofthe Pre-

commercial Procurement Result (see Annex 7) (from the later date). The ienderer shall the Contracting

Authority using the information system E. sqskaila. If the Tenderer submits the vAT i invoice shall be

deemed not to have been submitted.

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III.RIGHTS AND OBLIGATIONS OF THE PARTIES

12. Tl:.e Tenderer shall undertake to develop the Pre-commercial Procurement Result in a professional and careful manner inaccordance with the provisions of the Confact and requirements of legal acts, to ensure the compliance of the he-commercialProcurement Result with the requirements of the Technical Specifications (see Annex 2), to fulfill all tbe duties arising from theConfact in accordance with the procedure established in the Contract, to act in an honest manner and to cooperate with the ContractingAuthority in fulfilling the contractual obligations established in the Contract.

l3 The Contracting Authority shall procure the goods and/or services necessary for the provision ofthe scientific research andexperimental development (hereinafter referred to as the R&D) services following the Law on Public Procuement, Law onProcurement by Contracting Entities in the Field of Water Management, Energy, Transport or Postal Services and Law on PublicProcuement in the Field of Defence and Security.

14. The Tenderer shall undertake to enable the Contracting Authority and o$er competent authorities respectively authorized bylaws or other legal acts to check the performance ofthe Contract.

I 5. For the purpose of performing the Contract, the Tenderer shall have the right to involve the Sub-provider(s) provided that theTenderer has indicated the intention to involve the Sub-provider(s). The Tenderer shall in any case be liable for all obligations assumedunder this Contract regardless ofwhether or not third parties will be used to carry them out.

16. The Contracting Authority shall undertake to pay the Price specified in the Contract in accordance wi0r the procedure andterms established in the Contract, to fulfill all the duties arising Aom the Contract in accordance with the procedure established in theContract, to act in an honest manner, not to violate the requirements ofthe Contract and legal acts and to cooperate with the Tendererin fulfilling the Contract.

17. The Contacting Authority or the authorized representative shall have the right to receive from the Tenderer all necessaryinformation pertaining to the development of the Pre-commercial Procurement Result, to get familiarized wi0r the documents orinformation related to the Pre-commercial Procurement Rosult and performance of the Contract and to monitor the performance of theContract and on-site checks.

18. The Parties shall agree to cooperate, to inform each other in a timely manner about the progress of the fulfillment of theundertaken obligations and to immediately noti! about the circumstances that may hinder the quality and timely fulfillment of thecontractual obligations.

ry. ACKNOWLEDGMENTSANDGUARANTEES

I 9 Each of the Parties shall declare and guarantee to the other party that:19. l. the Party has all rights, powers and approvals necessary for the conclusion and performance of the Contract;19.2. the Party has carried out all required legal actions for the Contract to be properly concluded and vali( holds all permits

and licenses provided for by legal acts and has the employees required for providing or receiving the services;19.3. the conclusion and performance of the Contract does not violate (i) the respective Party's articles of association and

business documents; (ii) laws and other legal acts applicable to it; (iii) decisions, acts or otier documents ofthe court or other publicauthorities that are binding on the respective Party; (iv) agreements concluded by the respective Party or unilateral obligations asiumedin respect ofthird parties; (v) rights ofcreditors ofthe respective party.

V. LIABILITY

20. Where the Tenderer delays, through his/her fault, the development of the Pre-commercial Procurement Result during theperiod fixed in the Contract, the Contracting Authority may, without a written notice and without losing the right to other remedies,demand under the Contract late payment interest of0.02% from the amount ofthe Price per each delayeJ day ciculated from the endof the he-commercial Procurement Result development period specified in the Contraci until the day of the actual development andtansfer of the delayed Pre-commercial Procurement Result. Late payment interest may be withheld from the price to be paid to theTenderer.

2'1. In the event of the failure to make the payment within the fxed time limits, the Contracting Authority must pay, on theTenderer's request, late payment interest of0.02% from the delayed amount ofthe price per each delayed-rtay.

22. T\e payment of the late payment interest shall not relieve the Parties from thi duty to fullill the obligations assumed underthe Contract.

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23. Where the Tenderer is unable to fulfill in a timely ald./or proper manner the obligations provided for in the Contract throughthe fault ofthe Contracting Authority and./or due to the circumstances depending on the Contracting Authority and/or due to any othercircumstances beyond control ofthe Tenderer, the Tenderer shall be exempted from the liability under this part ofthe Contract andshall not be charged late pal,rnent interest.

24. The Party which fails to fulfill or improperly fulfills its obligations under the Contract must indemnifr to the other Party allresulting direct losses

25. In all instances, the Party to the Contract shall indemnif, only direct losses according to this Contract, and the amount of theindemnified losses may not exceed the Price. This limitation ofliability shall not apply when losses arise from deliberate acts or grossnegligence ofthe Party to the Contract.

26. Where the Tenderer breaches the obligations provided in the Contract (excluding the case provided for in the Clause 8 oftheContract), the Contracting Authority shall have the right to notiS in writing the Tenderer and eliminate the breaches within thereasonably fixed time limit. Where the Tenderer fails to eliminate the breaches within the time limit fixed by the Contracting Authority,the Contracting Authority shall have have the right to unilaterally terminate the Contract by noti$ing the Tenderer no later than 30days in advance and claim compensation for losses incurred as a result ofthe breach.

vI. VALIDITY, AMENDMENT, EXPIRY AND TERMINATION OF THE CONTRACT

27. T"he Contract shall enter into force on the day of its signing The Contract shall be valid until the proper fulfillment of theobligations or termination of the Contract

28 During the validity of the Contract, its terms and conditions may not be amended.

29. In addition to the cases of termination of the Contract specified therein, the Contract may be terminated in accordance withthe procedure and in the cases specified in the Civil Code ofthe Republic ofLithuania and/or other legal acts

V[ FORCEMAJEURE

30. The Party shall not be held liable for the nonfulfillment or improper fulfillment of any obligations under the Contract, if the

Party proves that the reason for that was the circumstances which the Party could not control and reasonably foresee, avoid or remove

by any means, e.g. decisions of the Govemment and other acts affecting the Party's business, political unrest, strikes, declared and

undeclared wars, other armed conflicts, fires, tides, other natural disasters (hereinafter referred to as the Force MajeureCircumstances). Under the Force Majeure Circumstances, the Parties shall be exempted from liability for the nonfulfillment or

improper fulfillment of the obligations provided for in the Conffact in accordance with the procedure set forth by legal acts of ttreRepublic of Lithuania, and the time limit for the fulfillment of the obligations shall be extended.

31. The Party seeking exemption from liability must notiff the other Party in writing of the Force Majeure Circumstances

immediately but no later that within 3 (three) working days of the occurrence of becoming aware of such circumstances by providing

the proof demonstrating that it has taken all reasonable precautions and has made all efforts to reduce expenses or adverse

c.onsequences and notifl of the expected time limit of the fulfillment of obligations. The notification shall also be required when the

grounds for the nonfulfillment ofthe obligations cease to exist.

32. The grounds for exemption of the Party from liability shall appear from tlre moment of occurrence of the Force Majeure

Circumstances or where the notification has not been submitted in a timely manner - from the moment of the receipt of the

notification The Party communicating the notification with delay or failing to notifr must indemniry to the other Party the damage

incurred thereby due to the late notification or due to the failure to noti!33. Where the Force Majeure Circumstances persist for more than 30 (thirty) calendar days, either Party shall have the right to

terminate the Contract by notifoing the other party no later than l0 (ten) calendar days before the day of the Contract termination

VIII. ENF'ORCEMENT OF THE CONTRACT

34 The Contracting Authority shall not require to secure the perfbrmance of the Stage III of the Pre-commercial Procurement

Contract by a guarantee ofa bank or an inswance company excluding the case specified in the Clause 6 ofthe Contract.

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IX. EXERCISE OF THE INTELLECTUAL PROPERTY RIGHTS

35 The intellectual property objects that are created or appear during or before the participation of the Tenderer in the pre-

commercial procurement and/or provision of the R&D services, if they are used by the Tenderer in the pre-commercial procurement

and/or in the provision ofthe R&D services, shall belong to the Tenderer.

36. The Tenderer must grant to the Confiacting Authority the right of unlimited and free of charge use of the intellectual

property objects developed in the pre-commercial procurement and modifr, adapt and decompile them for own use in order to use the

intellectual Foperty objects for the purpose they were acquired and a non-exclusive right (o.g. license under market conditions) to thirdparties. The objects of the intellectual property belonging to the Tenderer which are not created during the pre-commercial

procurement but are used by the Tenderer to perform the pre-commercial procurement shall be licensed to the Contracting Authorityunder fair, reasonable and non-discriminatory conditions.

X. THE USE OF THE PHYSICAL PROPERTY DEVELOPED IN THE PRE-COMMERCIAL PROCUREMENT

37. Where the Pre-commercial Procurement Results developed by the Tenderer in the pre-commercial procurement are

inextricably connected to physical property (created prototype of the innovative product or the innovative product test batch), the

Tenderer must transfer this property to the Contracting Authority.38. The transfer of physical property shall be recorded in the Delivery and Acceptance of Deed of the Pre-commercial

Procurement Result (see Annex 7).

XI. MISCELLANEOUS

39. The Parties acknowledge that by concluding this Contract they express their willingness to be bound by the Contract.40 The Contract is concluded and shall be performed and construed according to the laws ofthe Republic ofLithuania and shall

be governed by the law ofthe Republic oflithuania.41. Any provision of the Contract which becomes or is declared fully or partially invalid shall not aflect the validity of the

remaining provisions of the Contract.42. Where for the performance of the Contract the Tenderer involves the Sub-provider(s) who improperly fulfill(s) the

obligations to the Tenderer and also when the Sub-provider(s) is (are) incapable offulfilling the obligations to the Tenderer because ofthe instituted bankruptcy proceedings and/or a similar situation, the Tenderer may replace the Sub-provider(s) notifoing theContracting Authority in writing in accordance with the procedures set forth in the Contract stating the reasons for the replacement ofthe Sub-provider(s). In the event ofthe replacement ofthe Sub-provider(s), the Parties shall conclude an agreement on the replacementof the Sub-provider(s). This clause of the Contract shall apply where the Tenderer has indicated the intention to involve the Sub-provider(s) in the Tender.

43. Each Party shall undertake, without a prior written consent of the other Party, not to disclose to any third parties theconfidential information received in the pre-commercial procurement for at least 4 (four) years after the last transfer of the pre-commercial procurement contract performance results.

44. Disputes shall be seftled by way of negotiations, and in the event of failure to seftle the dispute within 30 (thirty) calendardays ofthe starting ofthe dispute (the starting day ofthe dispute shall be the day on which one Party to the Contract receives a claimfrom the other Party filed in accordance with the procedure set forth in the Contract), the dispute shall be settled before a comp€tentcourt in accordance with the procedure set forth by laws.

45. The Pa(ies agree that all correspondence concerning the Contract between the Parties shall take place in the Lithuanianlanguage All notifications and correspondence which may be submitted by one Party to the other Party under the Contract shall beconsidered to be valid and duly delivered when the acknowledgment ofthe receipt is received or when they are sent by a registeredmail, fax, or e-mail to the addresses ofthe Parties specified in the Contract, other addresses offax numbers indicated by the Party whencommunicating the notifi cation.

46. In the event of change of the Party's address and,/or other contact or payment details, the Party must noti$, the other Party ofthe envisaged change ofsuch details no later than 3 (three) working days in advance. Ifthe ParU defaults on the duty to notifi, it shallbe considered that the other Party has properly flrlfilled its duties where it has firlfilled them using the last contact and/or paymentdetails available to it.

47 . The Contract has been concluded in two copies of equal legal value in the Lithuanian language, each Party has received onecopy.

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48. The Technical Specifications (see Annex 2), Delivery and Acceptance of Deed of the Pre-commercial Procurement Result(see Annex 7) and the Form ofthe Tender (see Annex 3) constitute an inseparable parts ofthe Contract.


Legal entity number: 2 1 1959040VAT number: LTI 19590416Address: Silo st se, LT-10322, vilniusBank account: LT 65 7044 0600 0596 2197Bank: SEB, bank code: 70440

Phone: +370 5 210 3506Fax: +370 5 210 3693E-mail: [email protected]

Commandant of General Jonas Zemaitis Military Academy ofLi0ruania

CoIoneI Juozas KAEERGIUS

L. S. L.S

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Annex 7

DELTVERY AND ACCEPIANCE OF DEEDOf'THE RESULT OF THE STAGE [please specify the stagel OF THE PRE-COMMERCIAL PROCUREMENT"DEVELOPMENT OF THE NATIONAL ECOSYSTEM F'OR THE RECOGNITION AND ANALYSIS OF TIIE

INF'ORMATION EFFECT PHENOMENA (NAAS)"

2020Vilnrus

General Jonas Zemaitis Military Academy of Lithuania, legal entity number: 2L1959040, registered office address: Slo St Sa,Vilnius, the entity's data are collected and stored in the Register of Legal Entities, represented by Commandant Colonel Juozas

KAdERGIUS, acting on the basis of the Statute of General Jonas Zemaitis Military Academy of Lithuania approved by the ResolutionNo. 896 of l0 August 1999 ofthe Govemment ofthe Republic oflithuania, hereby accepts,

and

fName of the Tendererl, identity number of the natural/legal person: [...], registered office address: 1..l, lf the Tenderer is alegal person, please specify that the dald aboul lhe enlity are collected and stored in the in lhe Register ofLegal Entilies], represontedby ftosition, full rumel, acting on the basis of lthe document whereby the signing person is authorized lo sign the contract] (hereinafterreferred to as the Tenderer/, hereby transfers

the Resul(s) of the Pre-commercial Procuremett Deyelopment of the National Ecosyslemfor lhe Recognition and Analysis ofthe Information Eflect Phenomeno (NAAS) [please specifl, the result(s)], as provided for in the Contract No. [. .] of [...] [...] 2020 ofthe Stage [. .] ofthe Pre-commercial Procurement Developmenl of the National Ecosystem for the Recognition and Analysis of theInformalion Effecl Phenomena (NAAS) (hereinafter referred to as the Contract).

By this Deed, the Parties to the Contract hereby confirm that they have no claims to each other regarding the fulfillment of theobligations provided for in the Contract. This confirmation shall not apply to the cases when the pre-commercial procurement result(s)is (are) with defects which cannot be noticed during the delivery and acceptance ofthe result(s).

The Deed has been concluded in two copies, each Party to the Contract has received one copy.

CONTRACTING AUTHORITYGeneral Jonas Zemaitis Military Academy of Lithuania

Legal entity number 211959040VAT number: LTI 19590416Address: Sito st se, LT-10322, vilniusBank account: LT 65 7044 0600 0596 219'7Bank: SEB, bank code: 70440

TENDERER

rctivities of the lplease specily lhe stage of

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Phone: +370 5 210 3506Fax: +370 5 210 3693E-mail: [email protected]

Commandant of General Jonas Zemaitis Military Academy ofLithuania

CoIoneI Juozas KA.ERGIUS

LSLS

NAAS pre-commercial procurement conditions ... - MITA

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