Notice on the selection process for designating the provider of the measurement, monitoring and data reporting on audiovisual media services accessible on the territory of Romania for the period 01 January 2020 – 31 December 2023

Notice on the selection process for designating the provider of the measurement, monitoring and data reporting on audiovisual media services accessible on the territory of Romania for the period 01 January 2020 – 31 December 2023.

 

– Selection process organizer –

The Commission composed according to provisions of art. 45 paragraph 2 of Law. No. 504/2002 on audiovisual

The Commission is composed of 5 representatives of broadcasters, 5 representatives of advertising agencies and 5 representatives of National Council of Audiovisual.

Chosen mailing address: Bucharest, 14 Libertății Boulevard, District 5, 050706, National Council of Audiovisual Chancellery

Phone: 0040 21 305.53.50

Fax: 0040 21 305.53.54

E-mail: cna@cna.ro

Website: www.cna.ro

 

– Legal provisions applicable to the selection process –

This procedure is a private selection process which is governed by the ordinary legal provisions. The contract which will be concluded as a result of the selection process is a private contract, contracted with private funds and governed by the ordinary law provisions.

 

– Definitions –

1. Economic operator means any legal person which is not governed by public law, or group or association between such persons, which offers licitly on the market services of market research consisting of measuring the audience of audiovisual media services by electronic means, using the methodology generically named “peoplemeter measurement”, including any temporary association between two or more such entities.

2. Candidate means any economic operator which registered a letter of participation to the selection process.

3. Tenderer means any economic operator which fulfils the qualification criteria and whose tender was accepted to the selection process by the Commission.

4. Commission means the commission mentioned under art. 45 of Law no. 504/2002 on audiovisual. The Commission is composed of 5 representatives of broadcasters, 5 representatives of advertising agencies and 5 representatives of National Council of Audiovisual.

5. Audiovisual media service means the service which is under the editorial responsibility of a media services provider and the principal purpose of which is provision of programmes in order to inform, entertain or educate, to the general public by electronic communications network. Such an audiovisual media service is either a television broadcast, as defined below, or an on-demand audiovisual media service, as defined below and/or a media service which is an audiovisual commercial communication, as defined below.

6. Television broadcasting or television broadcast means linear audiovisual media service provided by a broadcaster, where the programmes are broadcasted in a continuous succession, irrespective of the technical means used, having a pre-set content and schedule for simultaneous viewing of programmes on the basis of a programme schedule, under a certain name and identified by a logo.

7. On-demand audiovisual media service means a non-linear audiovisual media service where the viewing of the programmes is done at the user’s individual request and at the moment chosen by the user, provided by a media services provider on a basis of a catalogue of programmes selected and offered by the media services provider.

8. Programme means a set of moving images, with or without sound, constituting an individual item identifiable through title, content, form or author within a schedule or a catalogue established by an audiovisual media services provider, having the form and content of a television broadcast or having the form and content comparable with a television broadcast.

9. Editorial responsibility means the exercise of effective control both over the selection of the programmes and over their organisation either in a chronological schedule, for television broadcasts or in a catalogue, in the case of on-demand audiovisual media services.

10. Media service provider means the natural or legal person who has the editorial responsibility for the choice of the audiovisual content of the audiovisual media service and determines the manner in which it is organised.

11. Broadcaster means a media service provider of television broadcasts.

12. Audiovisual commercial communication means images with or without sound which are designed to promote, directly or indirectly, the goods, services or image of a natural or legal entity pursuing an economic activity. Such images accompany or are included in a programme in return for payment or for similar consideration or for self-promotional purposes. Forms of audiovisual commercial communications include television advertising, sponsorship, teleshopping, product placement and other forms of advertising.

13. Television advertising means any form of announcement broadcast weather in return for payment or for similar consideration or broadcast for self-promotional purposes by a public or private undertaking or natural person in connection with a trade, business, craft or profession in order to promote the supply of goods and services, including immovable property, rights and obligations.

14. Sponsorship means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works, to the financing of audiovisual media programmes with a view to promoting their name, trade mark, image, activities or products.

15. Teleshopping means direct offers broadcast to the public with a view to the supply of goods and services, including immovable property, rights and obligations, in return for payment.

16. Product placement means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or a trade mark thereof so that it is featured in a programme, in return for payment or for similar consideration.

17. Tele-promotion means any form of advertising consisting of inserting into the programmes of slots for promoting, by the presenters of the programme, one or more goods or services, slots being separated by the other parts of the programmes using optical and/or acoustical means.

18. Interactive advertising means the technique for broadcasting television advertising which allows the viewer to opt for accessing the advertising via a non-linear audiovisual media service at the moment, for the duration and to the advertising content chosen by the viewer.

19. Split-screen advertising means the technique for broadcasting television advertising, including self-promoting, or sponsors’ identification items, which consists of simultaneous television broadcast of the editorial content and of the advertising content or of the announcement regarding the sponsor, the latter being separated through optical and/or acoustical means so their nature to be evident to the public.

20. Virtual advertising means television advertising technique which consists of processing the image, when broadcasting certain events, and replacing the images from the advertising panels located where the events take place with advertisements inserted by the broadcaster or by overlapping new images with such announcements on any area of the broadcasted image.

21. Virtual sponsorship means the technique of broadcasting sponsors’ identification items, which consists of processing the image, when broadcasting certain events, and replacing the images from the advertising panels located where the events take place with announcements related to sponsors, inserted by the broadcaster or by overlapping new images with such announcements on any area of the broadcasted image.

 

– The objective of the selection process –

The objective is to designate the specialised economic operator which provides, according to the international standards and usages, quantitative measurement services of the audiovisual media services accessible on the territory of Romania and susceptible to be a subject-matter of such a measurement (named hereinafter “the Service”).

The Commission must identify the economic operator that delivers the optimal combination of:

  • valid and reliable (auditable) audience data
  • high accuracy monitoring services
  • the best ratio between quality and price

 

– Short description of the Service –

Period for providing the Service: 01 January 2020 – 31 December 2023.

Period for preparing in order to provide the Service in the period mentioned above: February 2019 – December 2019. In the preparing period, the following activities must be performed: initial establishment survey, panel setup, monitoring service setup, test data reporting.

Providing test data: from 01 June 2019 till 31 December 2019.

The service is based on a market research conducted on a panel of households which is representative on a national level. The representativeness is to be fulfilled both on a household level and on an individual level. The research is conducted by collecting the data from the panel through electronic means, a methodology generically named “peoplemeter measurement”.

The panel is to have at least 1200 households reported daily.

The Service has the following components:

(i) Establishment survey

(ii) The measurement of the audiovisual media services which are accessible on the territory of Romania and which are susceptible to be a subject-matter of such measurements

(iii) Programmes, audiovisual commercial communications and announcements made by broadcasters or by media services providers in connection with its own programmes and ancillary products directly derived from those programmes

(iv) Software application for analysing and reporting the data obtained through the Service

The provided Service may have also other components, such as: reporting aggregated data for the consumption of television broadcasts, on-demand audiovisual media services and services offered by video platforms (generically named as “hybrid measurement”).

The main purpose of the Service is to provide the beneficiaries on a daily basis with data on the audience of the audiovisual media services accessible on the territory of Romania and susceptible to be the subject-matter of such measurement, data collected from the panel mentioned above and data on the programmes, audiovisual commercial communications and on the announcements made by broadcasters or by media services providers in connection with its own programmes and ancillary products directly derived from those programmes, transmitted by certain audiovisual media services accessible on the territory of Romania and susceptible to be the subject-matter of the Service.

Access to the data is to be provided through electronic means, as follows:

(i) data on the audiovisual media service audiences, every day till 08.30 AM for the previous day; and

(ii) data on the monitoring of the previous day, every day till 11.30 AM (except on a Monday day and except on day which follow a public holiday day, when the beneficiaries will have access to the data regarding the previous non-working days).

The data obtained through and reported by the Service are statistical data, estimates obtained as a result of a market research based on a panel.

When conducting the Service, the economic operators will observe the standards mentioned under I.C.C./E.S.O.M.A.R. International Code of Marketing and Social Research Practice.

When conducting the Service, the economic operators will observe the recommendations from the Global Guidelines on Television Audience Measurement issued by Audience Research Methods (ARM) and published by the European Broadcasters Union (EBU) to the extent to which these are reasonable and can be implemented.

When conducting the Service, the economic operators will be compliant with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

The current economic operator designated to provide the Service for the period 01 January 2016 – 31 December 2019 is Kantar Media.

The Service will allow the analysis of the data which will be collected, will offer the possibility to compare those data with the historical data (i.e. the data obtained from the previous measurement services) and will offer the possibility of analysing the historical data. Also, the Service will allow a compatible transfer with the next service, which will be conducted in the period 01 January 2024 – 31 December 2027.

 

– The contractual party of the economic operator which is designated through the selection process –

The contract for the Service will be concluded between the economic operator designated through the selection process and ARMADATA SRL, a company owned by the Romanian Association for Audience Measurement. The Service will be paid with private funds by the entity which concludes the contract.

Romanian Association for Audience Measurement (ARMA) is non-governmental non-profit and apolitical organisation with a number of over 100 members, consisting of broadcasters and audiovisual media services providers, advertising/media agencies and advertisers. The Association’s aim is to provide its members and interested third parties with impartial, precise and objective information on the audience of the Romanian mass media, their characteristics and performances. Information on ARMA is available on www.arma.org.ro.

 

– Publication of the selection process –

The notice on the selection process will be published on the web page of Romanian Association for Audience Measurement (www.arma.org.ro), on the web page of the International Advertising Association – Romanian Chapter (www.iaa.ro) and on the web page of National Council of Audiovisual (www.cna.ro).

The beginning of the selection process will be announced also through a press release in Romanian language and in English language.

 

– Qualification criteria for participating to the selection process are the following:

1. The economic operator is a research company which has as an object of activity audience measurement of the audiovisual media services, through electronic means, methodology generically named “peoplemeter measurement”;

2. Economic operator’s experience in the above-mentioned filed is of at least 10 years;

3. The economic operator is the owner of the tools used for providing the Service (data production software application, data analysis software application, software applications for programmes, audiovisual commercial communications and announcements made by the broadcasters or by audiovisual media services providers on their programmes and ancillary products derived directly from those programmes, peoplemeter devices which will be used).

4. The economic operator does not have Romanian and/or foreign audiovisual media services providers as direct/indirect shareholders/stockholders.

5. The economic operator does not have, starting with the data on which it expresses the intention to participate to the selection process, direct or indirect contracts for researching the audiovisual media services market concluded with the providers of the audiovisual media services which are or will be reported through the measurement service.

6. The economic operator will provide directly the service which is the subject-matter of the selection process. The only component which can be subcontracted is the establishment survey.

7. The economic operator has not been the subject of a conviction by final judgement issued by a judicial court for one of the following criminal offences:

a) Establishing an organized criminal group, mentioned under art. 367 of Law no. 286/2009 on Criminal Code, with all its modifications and completions or mentioned under applicable legal provisions of the criminal legislation of the state in which the said economic operator was convicted;

b) Corruption, mentioned under art. 289 – 294 of Law no. 286/2009, with all its modifications and completions and criminal offences assimilated to corruption criminal offences mentioned under art. 10 – 13 from Law no. 78/2000 for preventing, discovering and convicting corruption activities, with all its modifications and completions or mentioned under the applicable legal provisions of the criminal legislation of the state in which the said economic operator was convicted;

c) Criminal offences against European Unions’ financial interests, mentioned under art. 181 – 185 of Law no. 78/2000, with all its modifications and completions, or mentioned under applicable legal provisions of the criminal legislation of the state in which the said economic operator was convicted;

d) Act of terrorism, mentioned under art. 32 – 35 and under art. 37 – 38 of Law no. 535/2004 for preventing and fighting against terrorism, with all its modifications and completions, or mentioned under applicable legal provisions of the criminal legislation of the state in which the said economic operator was convicted;

e) Money laundering, mentioned under art. 29 of Law no. 656/2002 for preventing and convicting money laundering and for implementing some measures for preventing and fighting against terrorism financing, republished, with all its modifications or terrorist financing mentioned under art. 36 of Law no. 535/2004, with all its modifications and completions, or mentioned under applicable legal provisions of the criminal legislation of the state in which the said economic operator was convicted;

f) Trafficking and exploiting vulnerable human beings, mentioned under art. 209 – 217 of Law no. 286/2009, with all its modifications and completions, or mentioned under applicable legal provisions of the criminal legislation of the state in which the said economic operator was convicted;

g) Fraud, within the meaning of article 1 of the Convention on the protection of the European Communities’ financial interests from 27 November 1995.

8. The economic operator is not in any of the following situations:

a) Where the economic operator is subject of insolvency or winding-up proceedings, judicial surveillance or in termination of activity;

b) Where the economic operator has committed a grave professional misconduct, which renders its integrity questionable;

c) Where the Commission has reasonable indications/concrete information to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition in the selection process or related to the selection process;

d) Where the economic operator is in a situation of conflict of interests in the selection process or related to the selection process and this situation cannot be effectively remedied by other less severe measures;

e) Where the economic operator is guilty of false declarations in supplying the information requested by the Commission for the verification of the absence of the exclusion grounds or for the fulfilment of the qualification criteria, has withheld such information or is not able to submit the supporting documents requested;

f) Where the economic operator has undertaken to unduly influence the decision – making process of the Commission, to obtain confidential information that may confer upon it undue advantages in the selection process or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or awarding to the respective economic operator.

Grave professional misconduct means any misconduct of the economic operator which affects its professional reputation such as breaching the competition rules by cartelization aiming at rigging the selection processes or breaching the intellectual property rights, committed with intention or grave guilt, including violation of the deontological norms applicable to the profession of the economic operator.

The following situations, mentioned here as examples, are considered by the Commission as serious indications that the economic operator has entered into agreements with other economic operators aiming at distorting competition in the selection process or related to the selection process:

a) The tenders or the letters of participation submitted by two or more economic operators participating to the selection process are significantly similar in respect of the content of the documents;

b) In the management, administrative or supervisory body of two or more economic operators participating to the selection process are the same persons or persons which are spouses, relatives or in-laws up to second degree or persons having related interests of personal, financial, economic or any other nature;

c) A tenderer/candidate has submitted two or more tenders/letters of participation, both individually and together with other economic operators or only together with other economic operators;

d) A tenderer/candidate has submitted an individual offer/letter of participation or together with other economic operators and is nominated as a subcontractor in another tender/letter of participation.

9. The economic operator has to be registered according to the applicable legal provisions in order to conduct economic activities.

10. The economic operator must have an annual minimal turnover amounted to 2 million EURO.

11. The economic operator must have a level of annual liquidity amounted to 5% calculated on the profit.

Qualification criteria mentioned under item 7 from above will be applied by the Commission also for the situation when the person subject of a conviction by final judgement issued by a judicial court is a member of an administrative, management or supervisory body of an economic operator or has representation, decision or control power within the said economic operator.

Qualification criteria mentioned under items 7 and 8 from above will be applied by the Commission also in respect of possible proposed subcontractors.

Within 15 (fifteen) days from the publication of the notice on the selection process, the economic operators which fulfil the qualifications criteria mentioned above will submit to the Commission a letter of participation and a declaration that they fulfil the qualification criteria on the date of the letter of participation. If the economic operator subcontracts the establishment survey, a mention in the letter of participation of such situation is mandatory and the name of the subcontractor has to be mentioned in the letter of participation. The subcontractor has to issue a declaration that it fulfils the qualification criteria mentioned under items 7 and 8 from above.

The fulfilment of the qualification criteria will be proved by the economic operator with the justificatory documents, which is mandatory to be submitted when the tender is submitted. These documents will be submitted in a sealed envelope separated from the tenders and will be translated into Romanian language by an authorized translator, if the case may be. These provisions apply also to the proposed subcontractor.

The Commission will consider the above-mentioned criteria and will apply them for the entire duration of the selection process.

After receiving the letters of participation, the Commission will send the technical specifications of the Service to the economic operators which sent such letters.

 

– Clarifications regarding the technical specifications of the Service –

The candidates are allowed to request, in writing, clarifications on the technical specifications of the Service. The requests for clarifications will be registered by the candidates at the registration office of the Commission, i.e. the registration office of the National Council of Audiovisual. The deadline for registering such requests for clarifications is on 27 July 2018, 12.00 hrs. (Bucharest hour). The Commission will answer to these requests until 03 August 2018 by sending a document to all candidates containing answers to all clarifications requested by all candidates.

 

– Deadline for submitting the tenders-

The deadline for submitting the tenders is 03 September 2018, 12.00 hrs. (Bucharest hour) at the following address: Bucharest, 14 Libertății Boulevard, District 5, 050706, National Council of Audiovisual Chancellery.

 

– Structuring the tenders –

The offer will be structured identical to the technical specifications. All questions from the technical specifications are mandatory. The tenders will be submitted in English language and in Romanian language. The prices will be mentioned in the currency of the European Union, i.e. EURO. The candidates shall submit the guarantees that they deem right to guarantee the Commission that the contract will be executed for a period of 4 years, from 2020 to 2023.

 

– Submitting the tenders –

SUBMITTING THE TENDERS IN ELECTRONIC FORMAT IS NOT ACCEPTED.

The tenders will be submitted in a sealed envelope at the address Bucharest, 14 Libertății Boulevard, District 5, 050706, National Council of Audiovisual Chancellery, to the attention of the Commission within the term mentioned above.

Into the sealed envelope will be three sealed envelopes containing: (i) the documents which prove the fulfilment of the qualification criteria; (ii) technical tender; (iii) financial tender. The said three envelopes will be clearly marked, with capital letters, as follows: “DOCUMENTS ON THE QUALIFICATION CRITERIA”, “TECHNICAL TENDER”, “FINANCIAL TENDER”.

The documents for proving the fulfilment of the qualification criteria will be submitted in one copy in Romanian language and one copy in English language.

The technical tender will be submitted in 15 (fifteen) copies in Romanian language and in 15 (fifteen) copies in English language.

The financial tender will be submitted in 10 (ten) copies in Romanian language and in 10 (ten) copies in English language.

The envelopes must contain only documents in hard copy. If any electronic devices and/or electronic supports are found in the envelopes, the respective tender will be immediately disqualified by the Commission.

 

– Verifying the fulfilment of the qualification criteria –

The envelope containing the documents for proving the fulfilment of the qualification criteria will be opened and the Commission verifies the fulfilment of the criteria by the candidates. After verifications, the Commission will decide to exclude from the selection process the candidates which do not fulfil the qualifications criteria. The excluded candidates will be informed on this.

The Commission verifies the fulfilment of the qualification criteria mentioned under items 7 and 8 from above also by the proposed subcontractors. If the Commission ascertains that a subcontractor does not fulfil the criteria, the Commission will ask only one time to the economic operator to replace that subcontractor with another one. The economic operator which is in such situation has the obligation to announce the Commission about the new proposed subcontractor within 5 days. If the economic operator fails to indicate the new subcontractor within the above – mentioned term or the new proposed subcontractor fails to fulfil the criteria mentioned under items 7 and 8 from above, the Commission will exclude the economic operator from the selection process.

The selection process will continue even in the situation there is only one candidate admitted.

The technical tenders submitted by the qualified candidates will be distributed to the members of the Commission.

 

– Presentation of the technical tenders –

The tenderers will present shortly (the presentation will not surpass 90 minutes) their technical tender, will answer opened questions and will present the persons/partners working directly to the execution of the service. The presentations will take place in Bucharest in front of the members of Commission and in front of the observers to the Commission. The language used for the presentation is Romanian language. If the language used for the presentation is not Romanian language, simultaneous translation is mandatory to be provided with. The simultaneous translation is to be provided by the tenderers and on their expenses.

The presentations of the technical tenders will take place on 12 September 2018. The presentation of the technical tenders will take place at the headquarters of the National Council of Audiovisual at the address Bucharest, 14 Libertății Boulevard, District 5, 050706, Council Meeting Room, 6th floor. Details on the schedule of the presentations will be sent to the tenderers in due time, before the date of the presentations.

 

– Clarifications on the technical tenders –

The Commission addresses questions to the tenderers if there are technical aspects requiring clarifications. This phase will take place between 13 September and 27 September 2018.

 

– The evaluation of the technical tenders –

The members of the Commission evaluate the technical tenders based on the evaluation criteria on quality, as they are approved by the Commission. The evaluation of the technical tenders will take place on 03 October 2018.

 

– Opening the financial tenders, verifying abnormal prices, discussions for the improvement of the financial tenders, discussions on the contractual clauses –

This phase will take place between 03 October 2018 and 28 November 2018.

The financial tender will be opened by the members of the Commission who evaluate the financial tenders on 03 October 2018. The representatives of the National Council of Audiovisual do not evaluate the financial tenders.

The price mentioned in the financial tender will be verified.

In case of a tender which apparently has an abnormal low or high price in relation with the services, the Commission will request from the candidate, in writing and prior to decide to reject the said tender, details and clarifications considered significant to the tender and will verify the answers that clarify the proposed price.

The Commission will take into consideration the explanations received from the candidate, under the above-mentioned provisions, in particular those related to:

a) The economics of the services provided;

b) The technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the supply of services;

c) The originality of the tender in respect of fulfilling all the requests mentioned in the technical specifications of the Service.

If the tenderer fails to submit the details and clarifications requested by the Commission, the tender will be disqualified.

If the Commission receives the requested details and clarifications, after analysing them, the Commission can decide to reject that tender or to keep it in the evaluation process. The Commission decision will be communicated to the tenderer.

The Commission may decide to start discussion with the tenderers in order for them to improve their financial tenders. For these discussion, the Commission can mandate some of its members from the category of members who evaluate the financial tenders. Also, the draft of the contract which will be concluded for providing the Service will be sent to the tenderers for discussions on the contractual clauses.

After the discussions, the members who are mandated for discussions inform the Commission on the content of the discussions and on the results obtained. After this briefing, the financial tenders will be evaluated. The financial tenders will not be evaluated by the representatives of the National Council of Audiovisual, taking into account that the services subject-matter of the contract will be paid from private funds.

 

– The evaluation of the financial tenders and determining the winning tender –

This phase will take place on 05 December 2018.

Determining will be done by applying quality evaluation criteria and price evaluation criteria. These criteria apply the principle the best ration between quality and price.

There are 16 aspects of grading the quality. 4 of them will weigh twice as much due to the high level of importance they have. The final mark for the quality of the technical tender will be the weighted average of the marks given for these criteria.

There are 4 aspects of grading the price. The final mark for the price will be obtained by calculating the arithmetic average of the marks for these aspects.

The final mark for a tender will result from the following formula: the final mark for quality is multiplied by a coefficient of 0.6 and added to the mark for price, the latter multiplied by a coefficient of 0.4.

 

– The announcement of results of the selection process –

After determining the winning offer, the Commission will announce the result of the selection process to the tenderers. The announcement will be made on 05 December 2018.

The Commission will inform ARMA about the economic operator whose offer was selected through the selection process and with whom have to conclude the contract.

 

– Cases for annulment of the selection process –

The Commission decides to annul the selection process if no economic operator will participate to the selection process, no economic operator will fulfil the qualification criteria, or no tender will not fulfil the requirements of the technical specifications of the Service.

 

– Terms calculation –

The terms are calculated as follows:

  • When the term is calculated by days, the day when the term starts and the day when the term stops, are not taken into account.
  • When the last day of a term is on a non-working day, the term is prolonged until the next working day.

 

– Modification of the terms –

The above-mentioned terms may be subject to modification by the decision of the Commission with the announcement of the modifications to all the participants with at least five days notice prior to applying the modifications.

In case of any discrepancies between the version in Romanian language and the version in English language, the Romanian language version shall prevail.