SAIS3 Load Tolerance Testing and Consulting Service

The tender explicitly states that conditional bids are not allowed. Failure to adhere to this will result in the bid being disqualified. This is a strict requirement that bidders must understand and comply with.

The tender outlines specific and detailed experience requirements for the project specialist(s), including years of experience, number of comparable projects, and specific technology/tool usage (Gatling, Scala, Go). Failure to meet these exact criteria will lead to disqualification.

With 100% of the evaluation based on cost, and a simple 'lowest bid wins' methodology for the hourly rate, there is a significant risk of a price war among bidders. This could incentivize bidders to offer unrealistically low hourly rates, potentially compromising the quality of the testing and consulting services provided.

The tender only specifies a single hourly rate for 'SAIS3 koormustaluvuse testimise ja nõustamise teenus'. This may not adequately capture the varying complexity and skill levels required for different aspects of load tolerance testing and consulting, potentially leading to underestimation of costs by bidders or the procuring entity if certain tasks are more resource-intensive than others.

The document outlines exclusion grounds related to criminal convictions for participation in criminal organizations and corruption. However, the legal references (RHS § 95 lg 1 p 1 and lg 2) are cut off, and the full scope of these grounds and their implications for bidders is not entirely clear. This could lead to unintentional non-compliance or disputes.

The contract states that the contractor is obligated to perform tasks not explicitly agreed upon in the contract if they are inherently part of the contracted work. This can lead to scope creep and disputes over what constitutes 'inherently part of the contracted work'.

The service provider must work with existing load testing tools and technologies (e.g., Gatling, Scala, Go) and cannot change them without client agreement. If the existing tools are outdated, poorly documented, or difficult to work with, it could significantly hinder the service provider's ability to deliver effective testing and consulting.

The definition of a 'comparable complexity' project for specialist experience is based on systems interfaced with other applications or systems. While a definition is provided, interpretation can still vary, potentially leading to disputes if the bidder's interpretation differs from the procurer's.

The tender specifies strict rules on what can be classified as a business secret, prohibiting the marking of bid cost, sub-costs, numerical indicators for evaluation criteria, or other indicators characterizing the bid. Incorrectly marking information as a business secret could lead to issues.

The document mentions the possibility for bidders to provide evidence of 'self-cleaning' measures to restore their credibility if an exclusion ground exists. However, the specific requirements, scope, and acceptance criteria for these measures are not detailed. This could lead to uncertainty for bidders on how to effectively demonstrate their rehabilitation.

The document asks about subcontracting and reliance on other entities' capabilities but does not specify the level of detail required for the information requested (e.g., company name, ID, role). This could lead to inconsistent or insufficient information being provided by bidders.

The contractor is required to collaborate with third parties, including the business client and other development partners of the client. The success of the load tolerance testing may depend on the responsiveness and cooperation of these external entities.

While the document states that the service provider will supplement existing tests or create additional scenarios 'to a limited extent' and that 'development of new test solutions is not part of the main scope', the definition of 'limited extent' and 'new test solutions' is not precisely defined. This could lead to scope creep or disputes about what is included in the base service.

The service is provided on an hourly basis according to the client's actual need, and the service provider must be ready to contribute up to one full-time specialist. However, this volume is not guaranteed by the client. This makes resource planning and forecasting for the service provider challenging.

The tender requires the submission of names and personal identification codes of authorized persons who can represent the company, make decisions, or control it, if they are not visible on the business register. Failure to provide this information or a confirmation of their absence will be a compliance issue.

The client has the right to refuse payment, partially or fully, if the contractor fails to perform the work by the agreed deadline and the contractor's breach is not objectively justified. This is a standard contractual clause but can be a risk if the 'objective justification' is not clearly defined or if client-caused delays are not properly accounted for.

The service provider must be ready to start within 3 working days of the client's request. While this indicates client urgency, it might be challenging for a provider to mobilize the right resources and prepare adequately within such a short timeframe, especially if the initial request is complex.

The 'TENDER REQUIREMENTS' section is marked as 'No structured requirements available.' Similarly, 'EVALUATION CRITERIA' is 'Not specified.' This fundamental lack of information makes it impossible for bidders to understand what is expected and how their bids will be assessed, beyond the pricing aspect.

The 'Hankelepingu projekt' (Contract Project) defines the objective as 'consulting and support services related to load tolerance testing of the SAIS3 system' and states details are in Annex 1 (Technical Specification). The 'Tehniline kirjeldus' (Technical Specification) clarifies the core service as supporting planning, preparation, execution support, and analysis, with the client responsible for test execution. However, it also mentions supplementing existing tests or creating additional scenarios 'to a limited extent' and that 'development of new test solutions is not part of the main scope'. The 'Vastavustingimused' (Terms and Conditions) also mention specialist experience in 'software testing or system performance analysis' and 'load testing planning'. The contract also states the contractor must perform tasks 'inherently part of the contracted work' even if not explicitly agreed upon.

The 'Vastavustingimused' (Terms and Conditions) specify detailed experience requirements for project specialists, including years of experience, number of comparable projects, and specific technologies (Gatling, Scala, Go). The 'Tehniline kirjeldus' (Technical Specification) also mentions the need to work with these technologies. However, the definition of 'comparable complexity' for projects in 'Vastavustingimused' is open to interpretation.

While the tender is for load tolerance testing of the SAIS3 system, none of the documents provide specific details about the SAIS3 system itself, such as its architecture, current performance baseline, expected load levels, or specific functionalities that are critical for load testing.

The 'Vastavustingimused' (Terms and Conditions) state 'Missing info: Information regarding the contract duration or expected start date is not present.' However, the 'Hankelepingu projekt' (Contract Project) clearly states the service period is from signing until December 31, 2026.

The 'Hankepass täiendatavate selgitustega' (Qualification) mentions the possibility for bidders to provide evidence of 'self-cleaning' measures. However, the specific requirements, scope, and acceptance criteria for these measures are not detailed, leading to uncertainty for bidders.

The 'Hankepass täiendatavate selgitustega' (Qualification) refers to 'RHS § 95 lg 1 p 1 and lg 2' for exclusion grounds, but these legal references are cut off, making the full scope of these grounds unclear.