Framework agreement for the procurement of public cloud services to achieve digital sovereignty for SWR and other eligible purchasers

If an applicant/tendering community is intended to be formed, the proof of "non-exclusion grounds", "qualification and permission to practice the profession" and "economic and financial capacity" required by each member of the intended applicant/tendering community must be proven upon submission of the application for participation. The required proofs of "technical and professional capacity" can be submitted separately after division of performance within the intended applicant/tendering community.

The request for participation shall state, on the basis of current knowledge, for which parts of the service and to what extent the use of subcontractors is envisaged. In the case of planned use of subcontractors, upon submission of the request to participate, the proof of ‘qualification and authorisation to practice’ and ‘economic and financial capacity’ as required by the competition document under Chapter 4.3 must be provided only by the applicant.

The required evidence under “Technical and professional capacity” must be provided by the candidate for the planned subcontractors in relation to the services entrusted to him. The required proof under “No exclusion grounds” must also be submitted by the candidate for the planned subcontractor upon submission of the request to participate.

The required proof of "Russia Sanctions (Sanctions Regulation)" (TLW Appendix 10) must be submitted by the applicant with the submission of the request to participate in accordance with the entry contest document under chapter 3.15.

In the case of the eligibility loan, the applicant must already submit the proof of eligibility of the other company with the application for participation, in accordance with the scope of the eligibility loan and, in the case of the eligibility loan in the area of economic and financial capacity, the “Appendix 04 – Declaration of liability”.

The client will request an extract from the competition register from the Bundeskartellamt for each applicant / member of an applicant association who is suitable according to the specified criteria and has qualified for the second stage of the EU procedure. Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

In order to prove the absence of grounds for exclusion pursuant to § 42 VgV in conjunction with §§ 123,124 GWB, the self-declaration (see TLW annex 2) filled in must be enclosed with the application for participation. If subcontractors are used, the TLW Appendix 5 b (Declaration of commitment subcontractor and qualifying loan) must be completed for each subcontractor. (A1.1). Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

Proof that the applicant is registered in the professional or commercial register in accordance with the legislation of the country of the Community or the Contracting State of the EEA Agreement (extract from the commercial register, not older than one year) (A2.1) Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

Proof of operational and IT liability insurance (A3.1) with the following coverage sums: -> For property and personal damage as well as resulting property damage: min. 3,000,000 € per damage event, at least 6,000,000 € annual maximum compensation -> For real property damages min. 10,000,000 € per damage event, at least 20,000,000 € annual maximum compensation -> For the IT liability insurance min. 10,000,000 € per damage event, at least 20,000,000 € annual maximum compensation or -> Submission of a self-declaration that, in the case of an order, any existing shortfalls are adjusted to the abovementioned amounts of cover and the proof of this adjustment is submitted to the customer before the service is provided Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

-> Submission of balance sheets or extracts for the last two financial years, if their publication is required by the company law of the country in which the company is resident (A3.2) -> Submission of proof of creditworthiness of a credit agency (credit reform, guarantor) or equivalent proof of an auditing firm or bank from the country in which the applicant is registered, at least risk class III (not older than 1 year) (A3.3) -> valuation of balance sheets or extracts over the last two financial years, if their publication is required by the company law of the country in which the company is resident (B3.1) -> Assessment of creditworthiness of a credit agency (credit reform, guarantor, etc.) or equivalent proof of an auditing firm or bank from the country in which the applicant is registered (not older than 1 year) (B3.2) - Presentation of the development of turnover relative to the subject matter of the tender in the last 3 years (B3.3) - Presentation of employee development relative to the subject matter of the tender in the last 3 years (B3.4) The evaluation of eligibility takes place in a combination of exclusion (A) and evaluation criteria (B) (cf. UfAB 2018).

The assessment shall be carried out as follows: The individual evaluation items are assigned a weighting and, as a result, a maximum evaluation point number. The information of the applicants for the evaluation items is divided into three target fulfillment levels and assigned to them the corresponding score: Example (for a maximum of 15 points): Low target fulfillment = minimum score (0 point). Average target fulfillment = Average score (7.5 points) High degree of target fulfillment = maximum score (15 points)

• For the valuation items Balance sheets or balance sheet extracts (B3.1), the expectation of the issuing authority is clearly defined and assigned to the target achievement levels as follows: Low target achievement ratio (0 point) = Equity ratio on average <10 % in the period, calculated from the abovementioned balance sheets or balance sheet extracts Medium target achievement ratio (5 points) = Equity ratio on average >10 % and <20% in the period, calculated from the abovementioned balance sheets or balance sheet extracts High target achievement ratio (10 points) = Equity ratio on average >20 % in the period, calculated from the abovementioned balance sheets or balance sheet extracts A maximum of 10 aptitude points can be achieved.
• For the valuation items Balance sheets or balance sheet extracts (B3.1), the expectation of the issuing authority is clearly defined and assigned to the target achievement levels as follows: Low target achievement level (0 point) = Equity ratio on average <10 % in the period, calculated from the abovementioned balance sheets or balance sheet extracts Medium target achievement level (5 points) = Equity ratio on average >10 % and <20% in the period, calculated from the abovementioned balance sheets or balance sheet extracts High target achievement level (10 points) = Equity ratio on average >20 % in the period, calculated from the abovementioned balance sheets or balance sheet extracts A maximum of 10 aptitude points can be achieved.

• For the valuation items (B3.2), the expectation of the issuing authority is clearly defined and assigned to the target fulfillment levels as follows:
• Low target fulfillment level (0 point) = risk class III
• Medium target fulfillment level (5 points) = risk class II
• High target fulfillment level (10 points) = risk class I
• For the valuation item sales development (B3.3), the expectations of the awarding authority are clearly defined and assigned to the target fulfillment levels as follows: Low target fulfillment level (0 point) = sales development tends to fall Medium target fulfillment level (5 points) = sales development tends to be the same High target fulfillment level (10 points) = sales development tends to rise.
• For the employee development evaluation item (B3.4), the assigning ag…

Proof that the data center is certified according to the standards BSI C5 and SEAL Level 3. Proof by report / certificate not older than 12 months (A4.1). - Proof of a certified IT security management of the applicant according to DIN EN ISO 27001:2022 (A4.3) - Proof of a certified IT security concept of the applicant according to DIN EN ISO 27017 (A4.4) - Proof of a certified IT security concept of the applicant according to DIN EN ISO 27018 (A4.5) Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

Proof of a certified quality management of the applicant according to DIN EN ISO 9001:2015 (A4.2) Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

Proof that the applicant is exclusively subject to German jurisdiction. (A4.6) Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

Proof of certification/status as a Strategic Cloud Infrastructure Partner of SAP as well as a hyperscaler for SAP Rise (A4.7) or alternatively, a declaration from SAP AG is also accepted that the applicant is currently in a corresponding certification/authorization process and this is expected to be successfully completed by 31.12.2026. Eligibility is determined if all A criteria are fully met and all B criteria are met in terms of economic and financial capacity, technical and professional capacity in total more than 65 eligibility points.

Evidence of 3 references in the provision and operation of public cloud services for achieving digital sovereignty in a comparable manner, size and difficulty in the past 3 years, with at least one reference proving the operation of an SAP RISE environment.

(A4.8) For this purpose, the reference template (TLW Appendix 3) must be submitted in triplicate with the request to participate. -> Evaluation of the 3 references for the provision and operation of public cloud services to achieve digital sovereignty in a comparable type, size and difficulty over the past 3 years, with at least one reference having to demonstrate the operation of an SAP RISE environment (B4.1): The evaluation of eligibility takes place in a combination of exclusion (A) and evaluation criteria (B) (cf. UfAB 2018).

The assessment shall be carried out as follows: The individual evaluation items are assigned a weighting and, as a result, a maximum evaluation point number. The information of the applicants for the evaluation items is divided into three target fulfillment levels and assigned to them the corresponding score: Example (for a maximum of 15 points): Low target fulfillment = minimum score (0 point). Average target fulfillment = Average score (7.5 points) High degree of target fulfillment = maximum score (15 points)

• The assessment of the submitted references (B4.1) takes the form of a comparative assessment.The submitted references are evaluated by comparison, on the basis of the specified requirements in the following table in type and size with regard to their level of difficulty and then whether and to what extent they come close to the advertised service (degree of target fulfillment). 1.Information on the client;Name of public organisation / company, contact person with telephone number and e-mail address;Criterion meets Yes / No. 2.Project volume size;Annual order volume (net) in the reference project min. 500,000 €; criterion meets Yes / No. 3.SASafety certifications 1;In the reference project, the safety requirements according to BSI C5 (type ISAE 3000 / SOC 2) are met; Criterion meets Yes / No. Safety certifications 2; In the reference project, the safety requirements according to ISO/IEC 27001 (incl. 27017/27018) are met;Criterion meets Yes / No. Safety certifications 3; In the reference project are the encryption & Key power implemented via the Bring Your Own Key (BYOK) / Hold Your Own Key (HYOK) process; Criterion meets Yes / No. Operational model / service model 1; In the reference project, the operating / service model IaaS (Compute, Storage, Network, SDN) is realized; Criterion meets Yes / No. Operational model / service model 2;In the reference project, the operational / service model PaaS (Managed Kubernetes / Container, Managed Databases, CI/CD) is realized; Criterion meets Yes / No. 8. operational model / service model 3; In the reference project, the operating / service model SaaS / Managed ERP is realized; Criterion meets Yes / No. 9.Functional scope 1;In the reference project, data storage and processing takes place exclusively in the EU/EEA;Criterion meets Yes / No. 10.Functional scope 2;In the reference project an availability of min. 99.95% realized (at 24/7/365); Criterion meets Yes / No. Functional scope 3;In the reference project, the operation of an SAP-RISE environment was realized;Criterion meets Yes / No. - Low target fulfillment (0 point) - meets 0 to 5 criteria. - Average target fulfillment level (7.5 points) - 6 to 8 criteria met - High target fulfillment level (15 points) - 9 to 11 criteria met Here, too, the references are again divided into the above-mentioned target fulfillment levels and scored.The expectation of the awarding authority here is the highest possible degree of agreement of the reference in the degree of difficulty of the advertised service.

3 references are required, each of which is evaluated individually and can reach a maximum of 15 points. Eligibility is determined if all A criteria a…

-Proof of professional qualifications of employees intended to provide services for the provision and operation of cloud services for achieving digital sovereignty in the following number and roles (A4.9):

• two project / service managers, min. 5 years of experience in IT service management (e.g. ITIL environment)
• another support lead / support manager, at least. 3 years of experience in the management / coordination of support / service teams
• two other cloud architects, min. 3 years of relevant professional experience in the field of IT architecture, including at least 2 years in the conception and further development of public cloud architectures (IaaS, PaaS, FaaS/Serverless) within the own company or in customer projects
• two further security architects, min. 3 years of experience in information security, including at least 2 years in the area of security architecture for public cloud environments
• three other IT specialists in operations and support (e.g. Cloud Platform/Operations Engineer, DevOps/Automation Engineer), professional experience min. 3 years -> assessment of the professional qualifications of employees intended to provide services for the provision and operation of cloud services for achieving digital sovereignty in the following number and roles (B4.2):
• two project / service managers, professional experience min. 5 years
• another Support Lead / Support Manager, mind. 3 years of experience in the management / coordination of support / service teams
• two other cloud architects, professional experience min. 3 years
• two more security architects, professional experience min. 3 years
• three other IT specialists in the field of operation and support (level engineer), professional experience min. For this purpose, the proof of professional competence (TLW installation 4) must be submitted with the application for participation. The evaluation of eligibility takes place in a combination of exclusion (A) and evaluation criteria (B) (cf. UfAB 2018).The assessment shall be carried out as follows: The individual evaluation items are assigned a weighting and, as a result, a maximum evaluation point number. The information of the applicants for the evaluation items is divided into three target fulfillment levels and assigned to them the corresponding score: Example (for a maximum of 15 points): Low target fulfillment = minimum score (0 point). Average target fulfillment = Average score (7.5 points) High degree of target fulfillment = maximum score (15 points)
• The assessment of the additional, contract-related professional competence (B 4.2) takes place in the light of the complexity of the services to be provided. It shall take the form of a comparative assessment. Evidence of training and certification relating to the subject-matter of the contract shall be evaluated. Here, the named certifications and proofs are related to the described role and divided into the corresponding target fulfillment levels.

For the roles Project / Service Manager, Cloud Architect and Support Lead / Support Manager Low target fulfillment = training corresponds to the general industry requirement for this role (minimum score = 0 points). Mean target fulfillment = training is above the general industry standard requirement for this role (mean score = 1 point) High degree of goal fulfillment = training is clearly above the general industry standard requirement for this role (maximum number of points = 2 points).

For all other roles: Low target fulfillment = training corresponds to the general industry requirement for this role (minimum score = 0 points) Average target fulfillment = training is above the general industry standard requirement for this role (average score = 0.5 point.) High degree of goal fulfillment = training is clearly above the general industry standard requirement for this role (maximum number of points = 1 point.) 10 profiles are required, each of which is evaluated individually. Eligibility is determined if …