Land and Water Resource Management for Agricultural Development in the West Bank

Transcription

1 Tender document Open EU award procedure Land and Water Resource Management for Agricultural Development in the West Bank FEZ/IM-327/RAM Ministry of Foreign Affairs Netherlands Representative Office Ramallah Printed: 23 oktober 2012

2 Contents 1. The Ministry of Foreign Affairs The contract general / value / duration / lots Joint tenders Contract award procedure Grounds for exclusion and minimum requirements Contract award Knock-out criteria Award criteria Quality (weighting factor 80%) Price (weighting factor20%) Terms of Reference; wishes and requirements Questions, timetable and submission Conditions...12 Annex 1: Annex to the tender document Land and Water Resource Management for agricultural Development in the West Bank Annex 2A: PARC Progress Report Land Development Program Annex 2B: PARC Land Development Program Monitor Sheet with progress report to Annex 2C: PARC Progres Report Land Development Program Annex 2D: PARC Land Development Program Monitor Sheet with progress report to Annex 3A1: PARC Land Development Program additional information on activities and results Annex 3A2: PARC Land Development Program additional information on activities and results Annex 3B1: LRC Land Development Program additional information on activities and results Annex 3B2: LRC Land Development Program additional information on activities and results Annex 3B3: LRC Land Development Program additional information on activities and results Annex 3B4: LRC Land Development Program additional information on activities and results Annex 3B5: LRC Land Development Program additional information on activities and results Annex 3B6: LRC Land Development Program additional information on activities and results Annex 3B7: LRC Land Development Program additional information on activities and results Annex 3B8: LRC Land Development Program additional information on activities and results Annex 3C1: PHG Land Development Program additional information on activities and results Annex 3D1: RWDS Land Development Program additional information on activities and results Annex 3E1: UAWC Land Development Program additional information on activities and results Annex 3E2: UAWC Land Development Program additional information on activities and results Annex 4: Terms of Reference Land Development Program 2

3 1. The Ministry of Foreign Affairs The Ministry of Foreign Affairs is responsible for coordinating and implementing Dutch foreign policy. The Netherlands is represented in a large number of countries and in many international organisations, and this is reflected in an extensive network of embassies, permanent representations and consulates-general. These missions represent the Kingdom of the Netherlands and therefore all branches of its government. For more information, visit our website: Reducing poverty, increasing prosperity and wellbeing of the Palestinian people and assisting the Palestinian Authority in its efforts to build up an effective and reliable Palestinian State apparatus are the main goals of the development cooperation programme of the Netherlands Representative Office (NRO, established in 1994). The overall aim is to help create the necessary conditions for a viable Palestinian state, as part of a two-state solution for the Middle-East conflict. With the latest Dutch cabinet in place from October 2010, a new policy on development cooperation was launched. The Multi-Annual Strategic Plan (MASP) for the Palestinian Territories (PT) for is based on this new development cooperation policy. Within this policy, the PT is a so-called profile 2 country, in which an integrated approach to peace, security and development forms the core of the program. The NRO will act as the contracting authority for this contract. 2. The contract general / value / duration / lots Within the Multi-Annual Strategic Plan (MASP), food security is one of the focus areas for the PT. The Netherlands Representative Office has defined the following strategic goal, outcomes and outputs for food security in the PT: The NRO wishes to contribute to a situation in which the Palestinian people within the PT have access to sufficient, safe and nutritious food, while Palestinian farmers, including smallholders, have the capacity to compete with their products at national and international markets. One of the strategic outcomes identified is sustainable increase in food production to the benefit of the Palestinian people through improved access to and use of land and water for food production. At output level, the NRO aims at increased availability and use of land and water for food production. In order to realize these objectives and outputs NRO has decided to continue its work on land development. Under the previous MASP ( ) the NRO already funded a project that focused on Land Development. The follow up land development intervention should make use of the important lessons learnt and best practices from the previous land development project. Therefore, in July and August 2012 a needs assessment mission has been carried out to prepare the new project. This needs assessment mission was co-ordinated closely with other 3

4 donors EU, France, Italy, Spain who also have an interest in Land Development in the PT. The mission met with a wide array of stakeholders, including farmers, donors, civil society, and the Palestinian Ministry of Agriculture, looked back at the results of the Land Development project as well as similar interventions funded by other donors, identified the successes and failures and based on that captured lessons learned, best practices, opportunities and risks. It was agreed that all involved donors would use the needs assessment mission report to reassess their current work and to inform the planning of future interventions. Therefore, in the light of its MASP policies and priorities, NRO has made an analysis of the lessons learned, best practices, opportunities and risks that were identified in the needs assessment mission report. This has resulted in the outline of a future land and water resource management for agricultural development in the West Bank program, starting December 1, 2012 and ending May 31, In the ToR (Annexe 4), the outline for the new program is incorporated. The starting points for the new program are: Coherence with the Agricultural Sector Strategy Shared Vision by the Ministry of Agriculture as well as the related Action Plan. The implementing organization will co-ordinate the implementation of the program with the Ministry of Agriculture of the Palestinian Authority. This co-ordination can be done via the to-be-established Supervisory Technical Council comprising of experts from the Ministry and independent local experts selected on professional basis. The Ministry of Agriculture of the Palestinian Authority will, as part of this program, establish a data base system on land developed through an established GIS unit. The program will be implemented in the West Bank only, so not in Gaza. Build on the achievements, lessons learned and best practices of the earlier Land Development Project, as well other similar interventions funded by other donors. Focus on development of infrastructure and access to land, water and markets. A holistic approach in selecting intervention areas as a prerequisite for successful land development. Selection should be done on the basis of land development opportunities in larger geographical areas, coherently considering amongst others: socio-economic factors; availability of water (rainfall, irrigation); costs of land development, potential benefits of land development (e.g. marketing of produce). The selection process should under all circumstances be carried out in close conjunction with the farming households in the area (see points below). As far as land development as such is concerned, only land, for which the owner(s) have land titles, is eligible for inclusion in this program (please also refer to paragraph 3.2 of the TOR, annex 4). This program will follow commonly accepted international standards according to which land development, in all areas including area C, is not subject to permitting. Agricultural land that is underutilized e.g. because of lack of water is also eligible for land development interventions under this program. So the focus does not solely have to be on land that is currently unutilized. The involved farming families (so women and men) should be properly consulted prior to initiating the land development interventions. This will enable these farming households to express their ideas and needs and subsequently it will enable them to be involved in planning and implementation of the land development intervention. 4

5 In relation to the previous point, it is crucial that people s organizations farmers cooperatives are involved in the planning and implementation of the land development interventions. This is extra important because the focus of the Program will be on larger geographical areas, which means interventions will take place at community level or even beyond. Therefore the intervention areas will include numerous farming households. If farmers co-operatives do not yet exist the program could make use of existing structures (village councils) or if required engage with farming households to get new co-operatives established. Build in legal expertise to be able to respond to legal and administrative matters regarding land (development). The total value of the underlying assignment is to be not more than including VAT over 3 years and six months. The value of the contract is a best estimate based on the information currently available. No rights can be derived from it. The currency of the contract will be the currency that the selecting organization uses for its expenditure and accounting. Therefore, interested organizations should submit two budgets, one in the currency used for expenditure and accounting and one in. Firstly, interested organisations should prepare the budget in the currency they use for expenditure and accounting. Secondly, they convert this budget into. They should submit both these budgets and they should indicate the exchange rate they have used to convert the currency they use for expenditure and accounting into. The contract will have a duration of three years and six months, with the possibility of maximum one budget-neutral three month extension. The projected starting date of the assignment under consideration is 1 December This contract is not divided into lots. Further details of the contract will be presented in this tender document. 3. Joint tenders If a tenderer is unable or unwilling to provide the requested goods or services independently, it may submit a joint tender with other organisations. There are two ways of doing so: 1) By forming a consortium, each member of which declares, by signing a Statement of Agreement, that it is jointly and severally liable for fulfilling the obligations arising from the tender and for the performance of the contract. The organisation acting as lead party and the consortium s authorised representative in dealings with the NRO should be specified in Annexe 1 (1.2.A). The consortium should also specify in Annexe 1 (1.3) which activities will be performed by each consortium member (B, C etc.) listed under 1.2. A consortium may not be altered after the closing date of the award procedure. It is not permissible for any of the consortium members to fail to satisfy any of the criteria listed under Grounds for exclusion (see Annexe 1). The conditions apply to all the members. 2) By using subcontractors (third parties, organisations, legal persons, etc.).if it is awarded the contract, the tenderer (who in this case is the principal contractor and lead party), as a contract party (having signed the Statement of Agreement), is jointly and severally liable for the fulfilment of all obligations arising from the contract, including those parts performed by subcontractors. If a tender is submitted by a principal contractor/subcontractors: 5

6 a. The principal contractor must demonstrate in Annexe 1, by means of a statement by each subcontractor, that it has access to the subcontractors resources necessary to perform the contract. It should also make clear to what extent it relies on each subcontractor and in respect of which requirements/criteria and which activities. b. The part of the contract corresponding to particular requirements/criteria must be performed by the designated subcontractor. c. It is not permissible for any of the subcontractors to fail to satisfy any of the criteria listed under Grounds for exclusion in Annexe 1. The conditions apply to both the principal contractor and the subcontractors unless provided otherwise. d. The principal contractor and subcontractors may not be altered after the closing date of the selection procedure, unless prior written permission is obtained from the NRO. By signing the Statement of Agreement, each consortium member / the principal contractor (also acting on behalf of each subcontractor) declare(s) that everything described in the tender (in terms of fulfilment of minimum requirements, knock-out criteria or award criteria) will actually be available or will be fully representative of what will be available for the performance of the contract. By signing the Statement of Agreement, the tenderer (or the consortium s lead party or the principal contractor) declares that all the information requested in Annexe 1 will be supplied by each consortium member and subcontractor (e.g. proof of enrolment in a commercial or professional register and a declaration under article 45 of the Public Procurement Tendering Rules Decree (BAO)). By signing the Statement of Agreement, the tenderer (or principal contractor or consortium member) declares that when supplying information in this award procedure (relating to minimum requirements, knock-out criteria or award criteria), it will indicate the source of the information (e.g. the applicable principal contractor, subcontractor or consortium member). Where a tender is being submitted by a consortium or involves subcontractors, Annexe 1 (1.2) must show who will act as the NRO contact (tenderer A, the single point of responsibility). The NRO will correspond exclusively with the contact / principal contractor. The liaison officer designated by the tenderer (principal contractor, consortium s contact) must have full authority to make decisions and be demonstrably empowered to act on the tenderer s behalf (see Annexe, 1.2). Consortium members or principal contractors/subcontractors are not permitted to submit more than one tender (one bidder, one bid). It is only permissible for several companies belonging to the same group to submit tenders, either independently, as part of a consortium, or as a principal contractor/subcontractor, if they can show at the NRO request that they have each compiled their tender independently of other tenderers (including those belonging to the same group) and have observed confidentiality. If one of the tenderers is unable to show this, all the tenderers belonging to the same group will be excluded from further participation. 4. Contract award procedure The NRO is awarding this contract by means of the open procedure. 6

7 All information concerning the organisation, grounds for exclusion, minimum requirements, knock-out criteria and award criteria must be provided in the format set out in Annexe 1. The contract will be awarded solely on the basis of the information submitted. 5. Grounds for exclusion and minimum requirements The initial selection of tenderers will be based on grounds for exclusion and minimum requirements. A tenderer who fails to satisfy any of the criteria listed under Grounds for exclusion and/or any of the minimum requirements will not be eligible for contract award. 5.1 Grounds for exclusion Tenderers (or consortium members or principal contractors/subcontractors) who: 1) find themselves in one or more of the circumstances referred to in article 45 of the Public Procurement Tendering Rules Decree (BAO); 2) do not submit their tender by 15:00 hours (Ramallah Time) on 3 December 2012; 3) submit statements, annexes or other information that is not correct, complete or regular; 4) act contrary to the tender instructions and/or conditions; will be excluded from further participation in the award procedure. 5.2 Minimum requirements Tenderers who do not meet the following minimum requirements will be excluded from further participation in the award procedure. 1) Minimum turnover Tenderers must have an average annual turnover of at least ,- excluding VAT in the agricultural sector, over the years 2009, 2010, In the case of a consortium, the total turnover in the agricultural sector of the member organisations as a whole may be taken into account. 2) Minimum technical ability / references Tenderers must have performed 1 similar contract since The contract should have started on or later. Similar in this case means that: (a) the contract should have focused on land development, defined as interventions and their consequences aimed at realizing (optimal) utilization of earlier unutilized or underutilized agricultural lands, preferably in the Palestinian Territory (PT). (b) The contract budget and turnover should have been at least Euro 500,000 per annum on the above mentioned land development, defined as interventions and their consequences aimed at realizing (optimal) utilization of earlier unutilized or underutilized agricultural lands, preferably in the Palestinian Territory (PT). 3) The implementing organization is equipped in terms of having experienced human resources for the key administrative positions in the project having the ability and flexibility to hire additional human resources acting according to high standards in transparency and accountability 7

8 6. Contract award The contract will be awarded on the basis of the criterion most economically advantageous tender. This means that both the price and quality of the tender will be taken into account. The selection process will be based on knock-out criteria (hard requirements) and award criteria. 6.1 Knock-out criteria Tenderers who do not meet the following knock-out criteria (quality requirements) will be excluded from further participation in the award procedure. Tenderers must submit information relating to the knock-out criteria in the format set out in Annexe The tenderer agrees to design and implement the program according to the TOR (see Annex 4). 2. The tenderer cannot apply for more than 8,000,000 for the entire project period, including VAT. 3. Acceptance of the draft public service contract and the 2008 General Government Terms and Conditions for Public Service Contracts (ARVODI) included in Annexe 1. By signing the Statement of Agreement, tenderers indicate their acceptance of the draft contract and conditions. Amendments may be proposed in the question round. It is impossible to alter the contract once the final Information Notice has been issued. Conditions drawn up by the contractor or sector explicitly do not apply. No rights may be derived from the draft contract. 4. Acceptance that the Ministry of Agriculture of the Palestinian Authority will, as part of this program, establish a data base system on land developed through an established GIS unit. 6.2 Award criteria Tenderers who are not excluded on the basis of the grounds for exclusion, minimum requirements and knock-out criteria will be assessed on the basis of their score on the award criteria. The contract will be awarded on the basis of the criterion most economically advantageous tender. This means that both the price and quality of the tender will be taken into account. A score from 1 (lowest score) to 10 (highest score) will be awarded for each criterion or subcriterion. These scores will be multiplied by the weighting or sub-weighting factor,resulting in a total score for each tenderer. The contract will be awarded to the tenderer with the highest total score. The following award criteria will be assessed: 8

9 6.2.1 Quality (weighting factor 80%) The award criteria are listed below, together with the corresponding weighting factors. Further details can be found in Annexe 1. You should provide all the information requested. Annexe 1 also specifies the aspects that will be assessed and the corresponding weighting factors. 1. Land Development - Developed in total XXX Dunums of land (XXX Dunum per annum). This goal should be achieved via the following outputs (kindly fill out these outputs in annex 1): - Land leveling (# Dunums) - Building terraces (# Dunums) - Removing rocks (# Dunums) - Opening agricultural roads (# Dunums land made accessible) - Land made arable due to water management and infrastructure interventions (rehabilitation wells, cisterns, pipes, pumps, storage tanks/reservoirs etc.) (#Dunums) - Employment generated with gender breakdown (# Working Days Male/Female) 2. Agricultural production and marketing - On the developed agricultural land the total volume of crop production has increased from XXX tons to XXX tons per annum and by the end of the program, with a breakdown for land owned by women and land owned by men - The value of marketed crops produced on the developed agricultural land has increased from XXX US $ to XXX US $ per annum and by the end of the program, with a breakdown for land owned by women and land owned by men 3. Income - The income that farming households earned on the developed agricultural land has increased from XXX US $ to XXX US $ per annum and by the end of the program, with a breakdown for land owned by women and land owned by men. 4. Empowering women and maximizing their involvement in agriculture. - Priority will be given to development of land owned by women. Where possible these women will be supported in farming these developed lands with high value crops such as strawberries, flowers and herbs. Women will be trained in the production of these crops, assisting them in constructing the infrastructure needed, supplied with agricultural inputs, assisted in processing and marketing their produce. Under award criteria 3 and 4 gender disaggregated data is requested for production, marketing and income. 5. Pilot projects: consider new ways to make land and water resource management for agricultural development in the West Bank successful - Establish a water harvesting dam. The location for this dam still has to be selected. The purpose of this dam will be to transfer treated wastewater to agricultural (land development) areas. In addition this dam will also harvest and transfer rain water. - Combat desertification and adaptation to climate change Desertification and climate change are serious problems that farming households face today and that will not disappear in the near future. Hence, combating desertification and improving the capacity of farming households to adapt to climate change is a priority in arid and semi arid areas. Farming households need to learn and adopt new methods, technologies and improve 9

10 their capacity to adapt to climate change. Apart from soil water conservation practices, diversification of crop selection is a very important element of an adaptation strategy. Therefore, an important indicator of change will be the extent to which farming households have diversified crop selection as a climate change adaptation strategy and the results this diversified crop selection has yielded. 6. One of the main goals of NRO is to empower and build the capacity of local civil society. - Therefore, NRO honors the principle that everything that can be done locally, should be done locally. This means that interested international organizations must work with local civil society in the implementation of this program (this tender is open for local as well as international organisations). - Furthermore, from the same principles it follows that NRO highly values the build up and empowerment of people s institutions such as farmer s co-operatives and other community based organisations. The involvement of these people s institutions (co-operatives) in planning and implementation is also crucial as this project considers (the interconnected) opportunities in larger geographical localities to come to the most effective and efficient land development. Given that land development is taken up for a larger geographical area it is paramount that the farming households in these areas are also connected and work together via people s institutions (co-operatives). 10 Quality Award criteria (80%) Weighting factor Subweighting factor 1 Land Development 50% Sustainably developed in total XXX Dunums of land (XXX 40% Dunum per annum). This goal should be achieved via the following outputs: Land leveling (# Dunums) 5% Building terraces (# Dunums) 5% Removing rocks (# Dunums) 5% Opening agricultural roads to make land accessible (# Dunums) 5% Land made arable due to water management and infrastructure interventions (rehabilitation wells, cisterns, pipes, pumps, storage tanks/reservoirs etc.)(#dunums) Employment generated with gender breakdown (# Working Days Male/Female) 2 Agricultural production and marketing 10% On the developed agricultural land the total volume of crop production has increased from XXX tons to XXX tons per annum and by the end of the program, with a breakdown for land owned by women and land owned by men. The value of marketed crops produced on the developed agricultural land has increased from XXX US $ to XXX US $ per annum and by the end of the program, with a breakdown for land owned by women and land owned by men. 3 Income 10% The income that farmers earned on the developed agricultural land has increased from XXX US $ to XXX US $ per annum and by the end of the program with a breakdown for land owned by women and land owned by men. 20% 20% 50% 50% 100%

11 4 Empowering women and maximizing their involvement in agriculture. Priority will be given to development of land owned by women plus farming & marketing support for these women farmers 5 Pilot projects: consider new ways to make land and water resource management for agricultural development in the West Bank successful Established water harvesting dam. Purpose of the dam is to transfer treated wastewater to agricultural (land development) areas. In addition this dam will also harvest and transfer rain water. Combat desertification and adaptation to climate change with a focus on crop diversification 10% 10% 6 Empowerment civil society including peoples institutions 10% 100% 50% 50% Project planning and implementation by/with local civil society 50% Farmers institutions/cooperatives are empowered to play a leading role in planning and implementation of land development work Total 100% Price (weighting factor20%) 50% You should present your bid price as specified in Annexe 1: in the currency that you use for expenditure and accounting as well as in and including VAT per year for the period until The prices bid are fixed; no changes are permitted at any stage. The maximum contract price is 8 million euros including VAT per year. This is not an indication of what the bid price must be, but the price must not exceed this amount. The lowest price will receive the maximum score of 10 points. The score for other bid prices will be calculated as follows: (lowest price / price in question) multiplied by 10. The lowest possible score is 1. No adjustments for inflation may be made for the duration of the contract. Tenderers should therefore take inflation into account when making their bids (indexation). The NRO reserves the right to disregard tenders with bid prices (for the entire contract or parts of it) that are not in line with the market (i.e. that are extremely high or extremely low). 7. Terms of Reference; wishes and requirements See Annex Questions, timetable and submission You can ask questions about the tender document until November 22 th You should the questions to fez-tender2@minbuza.nl. Each question should include the number of the section in the tender document to which it relates, and quote the relevant passage. 11

12 All questions will be answered, rendered anonymous and combined into an Information Notice. The Notice will be published at It forms part of the tender documents. The closing date and time for submitting tenders is 15:00 hours (Ramallah time) on 3 December Tenders received after this deadline will not be taken into consideration. The envelope / package should bear the following words: the Netherlands Ministry of Foreign Affairs, NRO Ramallah, attn Martijn Lucassen, Policy Advisor Economic Affairs, Tender FEZ/IM-327/RAM, 12, Holanda Street, Al Bireh, Ramallah. You are requested to deliver the tender in person (so not by postal service). You can do so on working days between 09:00 and 15:00 hours (Ramallah time) at the the Netherlands Ministry of Foreign Affairs, NRO Ramallah, attn Martijn Lucassen, Policy Advisor Economic Affairs, Tender FEZ/IM-327/RAM, 12, Holanda Street, Al Bireh, Ramallah. The NRO will provide a receipt on request. Three copies of the tender must be submitted: one complete, original set, one easy-to-copy set (no tabs, plastic sleeves, foldouts, staples, etc.), and one set in MS Word/Excel on CD- ROM or USB device. The files should have the same names and be supplied in the same order as requested in Annexe 1. The opening of the tenders will take place in public at 16:00 hours (Ramallah time) on 3 December 2012 at the Netherlands Ministry of Foreign Affairs, NRO Ramallah, 12 Hollanda street, Al Bireh, Ramallah. If you plan to attend, you are requested to notify the NRO by sending an to: martijn.lucassen@minbuza.nl. One representative per tenderer may attend. Representatives must bring a valid identity document with them. The NRO will seek to award the contract by the end of November The contract will be awarded to a tenderer provisionally. Tenderers who are not awarded the contract will be notified at the same time in writing and by . Tenders must be organised using the tabs described in Annexe 1. The NRO is not obliged to consider any documents that do not comply with the prescribed format or are incomplete and will not return them. Tenders submitted by , fax or similar means will not be accepted. If the documents show inconsistencies, the text of the complete, original set of documents will take precedence. Risks relating to delivery delays or the use of incorrect or incomplete addresses will be borne by the tenderers. Submitted and accepted documents will not be returned. Tenders should be sent in appropriate, sealed packaging. Tenders should bear sufficient postage. The NRO will refuse packages on which extra postage has to be paid. Annexe 1 must be completed, signed and submitted exactly as requested. Altering or making additions to the fixed text of Annexe 1 or tender documents is not permitted. If this is found to have been done without permission, the tenderer may be excluded from further participation or any contract signed may be terminated. 9. Conditions 1. The NRO reserves the right to stop, suspend or terminate the award procedure without stating its reasons for doing so. 12

13 2. Tenderers must bear all costs that they incur as a result of the tender procedure. These costs are not eligible for reimbursement. By registering as a participant, tenderers agree to this condition. 3. By submitting a bid, a tenderer declares that the references it has given and the staffing, quality assurance system, materials etc. it has described are representative of the quality of the performance of the contract / resources to be used for the contract / the products to be supplied. 4. If a tenderer attaches conditions or reservations to its tender, the tender will be considered not to have been submitted, and will be deemed invalid. Conditions drawn up by the tenderer or sector explicitly do not apply. 5. All requested information, statements and other documents should be in English 6. All correspondence and documentation drawn up by the NRO will be in English. Correspondence relating to this contract award procedure should be in English 7. By signing the Statement of Agreement in Annexe 1, the tenderer vouches for the accuracy, completeness and regularity of all the information requested and supplied, and agrees to all the conditions contained in the tender documents. Tenderers who provide inaccurate information may be excluded from the contract award procedure at any time. 8. Annexe 1 must be signed by an official authorised to represent the tenderer and conclude binding agreements. As a rule, it should be the representative enrolled in a commercial or professional register at the Chamber of Commerce. 9. The requirements and criteria set by the NRO and the information provided by the NRO in this award procedure are based on the NRO s best estimate of the size of the contract. Tenderers may derive no rights from this information (e.g. relating to numbers, specifications or the timetable). The information is intended to give an indication of the contract award procedure and provide a basis for comparing tenderers. 11.Barring exceptions set out in the Copyright Act (Auteurswet), no part of this document may be reproduced (other than for the purpose of this award procedure) by means of print, photocopy, microfilm, or in any other form without the written permission of the NRO (intellectual property). 12.Directive 2004/18/EC (on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts) and the Public Procurement Tendering Rules Decree (BAO) apply to the award procedure. 13.This tender document was drawn up with due care. If a tenderer nevertheless finds contradictions or flaws, it should inform the NRO of them as soon as possible before the closing date for submitting tenders. If it later emerges that this document contains flaws or contradictions that were not reported by the tenderer, the NRO cannot be held responsible. 14.The NRO invites tenderers to ask any questions and make any objections they may have concerning the tender documents. Failure to take up this invitation may affect any subsequent claims. Reference is made in this regard to the judgment of the Court of Justice of the European Communities (ECJ) in case C-230/02 (the Grossmann judgment) of 12 February 2004, case law 2004, p. I By signing the tender, a tenderer undertakes to maintain confidentiality with regard to all information obtained in connection with this award procedure and not to provide any information to third parties. An exception can be made for consortium members, subcontractors or third parties who provide assistance in the preparation of the tender. In such cases the tenderer remains responsible for ensuring compliance with the duty of confidentiality. 16.Publicity regarding this award procedure is only allowed after obtaining the written approval of the NRO. 13

14 17. The present tender has not come about under the influence of an agreement, decision or conduct that contravenes Dutch or EU competition law. 18.The NRO will observe confidentiality with respect to any information provided by tenderers and will use this information only for the purpose of this award procedure. 19.The tenderer undertakes not to make any statements of any kind that could harm any of the other participants.tenderers who breach this condition may be excluded from further participation in this award procedure. 20.The NRO reserves the right to check the accuracy of all the information provided by tenderers, to request official supporting documents and to contact referees directly. 21.Oral communications, undertakings or agreements have no legal force unless confirmed in writing. 22.Tenderers declare that there is no conflict of interest between their companies and the NRO. Conflict of interest includes employing an employee of the NRO or a former employee who left the NRO less than two years ago who is or will be directly or indirectly involved in the current award procedure or the performance of the contract. In such an event, a tenderer should report this to the NRO. If the NRO has legitimate reasons for assuming that, contrary to a tenderer s declaration, a conflict of interest does in fact exist, the tenderer will be excluded from the award procedure. 23.Organisations or individuals that are involved in this award procedure as external advisers to the NRO or in any other way are not permitted to submit or participate in the preparatory work for the submission of tenders. 24.This contract award procedure (including tenders submitted) is subject to Dutch law. 25.Tenderers must maintain their offers for 120 days after the closure date or for such further period as is necessary for the judge hearing applications for provisional relief (voorzieningenrechter) to give a decision. 26.A condition for contract award becoming final is that the parties reach agreement on the contract. The contract is included in Annexe Once the contract award is final, the contractor must initial every page of the contract and the conditions upon signing the contract. 28.The Regulations on Travel Allowances for External Advisers (BZ Reiskostenvergoeding externe adviseurs 2010, REA) apply to advisers who make working visits to other countries in connection with the contract. The REA is included in Annexe 1. Tenderers should take this into account when setting the price. By signing the Statement of Agreement, tenderers declare that the REA applies to this contract. 29.The Ministry wants to receive and process 10% of all incoming invoices electronically in 2010, rising to 80% in It is also working on electronic ordering. Candidates must therefore declare themselves willing to exchange information on invoices and orders electronically, in accordance with the Ministry s technical instructions (standard format) and conditions, within six months of being requested to do so by the Ministry. They must be willing to bear the cost of implementation and maintenance; the cost will be reasonably proportionate to the size of the contract. 30.If none of the tenderers to which the contract is not to be awarded have instituted interlocutory injunction proceedings (kort geding) within 15 days of being sent the notice of the contract award decision, the contract award will become final and the contract will be concluded. 31.Tenderers wishing to institute interlocutory injunction proceedings against the contract award decision should notify the contracting authority in writing before the stipulated time limit expires, and send a copy of the summons (dagvaarding), stating the date on which the judge hearing applications for provisional relief will hear the case. 14

15 32.Unless there are very urgent reasons for not doing so, the NRO will await the court s decision on the application for an interlocutory injunction. If the decision on the application for an interlocutory injunction has no impact on the contract award decision, the award of the contract to the tenderer to which the contract was awarded provisionally will become final. 33.In the event of a dispute between parties to this contract award procedure arising from the procedure, including a dispute that only one of the parties involved regards as such, the competent court will be The Hague District Court. 34.Consultants that are or have been involved with the implementation of this program are not eligible to be hired for an evaluation or assessment of this program. 15