Tender Specifications CSJU.2013.OP.01 Provision of External Support for the Clean Sky Joint Undertaking

Transcription

1 Tender Specifications CSJU.2013.OP.01 Provision of External Support for the Clean Sky Joint Undertaking

2 Introduction to the Clean Sky JU Overview of this tender Description of the contract Timetable Participation in the tender procedure Participation of consortia Subcontracting Presentation of the tenders Period during which tenders are binding Contacts between the JU and tenderers Visits to JU premises Division into lots Variants Scope for additional services or for the repetition of similar services Confidentiality & public access to documents Contract provisions Terms of Reference Introduction: background to the invitation to tender Description of the subject and scope of the contract Outline of the services required Volume of the contract Duration of the contract Place of Delivery/Execution Focal point & Reporting Description of the Contract Exclusion and selection criteria Exclusion criteria Selection Criteria Award of the contract Technical evaluation Technical proposal Technical quality threshold Financial evaluation Financial proposal Choice of the selected tender ANNEX I - DRAFT CONTRACT ANNEX II - MODEL FINANCIAL OFFER

3 ANNEX III - DECLARATION ON EXCLUSION CRITERIA ANNEX IV - LEGAL ENTITY FORM ANNEX V - FINANCIAL IDENTIFICATION FORM ANNEX VI - TENDER SUBMISSION FORM ANNEX VII - STATEMENT OF ABSENCE OF CONFLICT OF INTEREST ANNEX VIII - STATEMENT OF ACCEPTANCE ANNEX IX DECLARATION OF INTENT ANNEX X - STATEMENT OF AUTHORISED SIGNATORY ANNEX XI TECHNICAL AND PROFESSIONAL CAPACITY (REQUIREMENT 1 & 3).. 64 ANNEX XII TECHNICAL AND PROFESSIONAL CAPACITY (REQUIREMENT 2) 65 3

4 Introduction to the Clean Sky Joint Undertaking The Clean Sky Joint Undertaking (hereafter referred to as the JU or the Contracting Authority ) is a public-private partnership between the European Commission and the European Aviation Industry Stakeholders. The JU is established in Brussels under European law 1 for a period up to The JU implements a Joint Technology Initiative aiming at developing low environmental impact technologies for the Air Transport system in line with the Strategic Research Agenda for Aeronautics. The JU is an objective-driven initiative targeting the environmental impact of the Air Transport System by reducing CO2 and NOx emissions, noise and fuel consumption. It will deliver full scale ground and in-flight demonstrators across the main flying segments and subsystems for fast and effective introduction of new technology in the new generation of aircraft. The JU is one of the largest European research projects ever. The Public Private Partnership speeds up technological breakthrough developments and shortens the time to market for new solutions tested on Full Scale Demonstrators. The JU encourages the participation of SMEs to ensure their full involvement in the program and offers opportunities to the entire aeronautic supply chain from all Member States and Associated countries. Within the scope of achieving the final deliverables, the JU organizes competitive calls for proposals playing an essential role achieving the objectives. The JU will deliver demonstrators in all segments of civil air transport, grouped into six technological areas called 'Integrated Technology Demonstrators' (ITD). A simulation network called the Technology Evaluator will assess the performance of the technologies thus developed. The JU activities will engage up to 1.6 billion for the period , including a contribution (in cash) from the European Community to the Clean Sky Joint Undertaking not exceeding 800 million from the Seventh Framework Program, and an equivalent contribution in-kind from the aeronautical stakeholders. The working language of the JU is English. For further information please consult the following web site: 1 Council Regulation (EC) No 71/2008 of setting up the Joint Undertaking for the implementation of the Clean Sky Joint Technology Initiative, OJ L 30 of

5 1. Overview of this tender 1.1 Description of the contract The services required by the JU under the contract to be potentially awarded as a result of this call for tender are described in the terms of reference in section 2 of the present tender specifications. 1.2 Timetable Summary timetable Date Comments Launch date 10/04/2013 Deadline for addressing requests for clarification to 31/05/2013 the JU Last date on which clarifications are issued by the JU 07/06/2013 Deadline for submission 17/06/2013 of tenders Opening session 26/06/2013 Estimated Completion date for July 2013 Estimated evaluation of tenders Signature of contracts July 2013 Estimated 1.3 Participation in the tender procedure Tenderers are advised to check the JU Webpage on a regular basis for possible updates and/or clarifications Tenders delivered by hand shall be submitted not later than noon (GMT+1) This procurement procedure is open to any natural or legal person wishing to bid for the assignment and established in any of the European Union Member States. In addition, tenderers must not be in any situation of exclusion under the exclusion criteria indicated in section 3.1 of these tender specifications and must have the legal capacity to allow them to participate in this tender procedure (see section 3.2.1). Please note that any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or the JU during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his tender and may result in administrative penalties. 5

6 The tenderers shall be aware of the research activities carried out by the JU and its legal framework and industrial partnership (Regulation 71/2008). 1.4 Participation of consortia Consortia may submit a tender on the condition that it complies with the rules of competition. A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. Such grouping (or consortium) must specify the company or person heading the project (the leader) and must also submit a copy of the document authorizing this company or person to submit a tender on behalf of the consortium. All members of a consortium (i.e. the leader and all other members) are jointly and severally liable to the Contracting Authority. In addition, each member of the consortium must provide the required evidence for the exclusion and selection criteria (see section 3 of these tender specifications). Concerning the selection criteria economic and financial capacity as well as technical and professional capacity, the evidence provided by each member of the consortium will be checked to ensure that the consortium as a whole fulfills the criterion. The participation of an ineligible person will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded. 1.5 Subcontracting The tenderer must indicate clearly which parts of the work will be sub-contracted and to what extent (proportion in %). The sub-contractor must not sub-contract further. Sub-contractors must satisfy the requirements under the exclusion and selection criteria applicable to the award of the contract. If the identity of the intended sub-contractor(s) is already known at the time of submitting the tender, the tenderer must furnish a statement guaranteeing the compliance of the sub-contractor with the requirements of the exclusion and selection criteria. In addition, a duly signed and dated declaration of intent (see Annex IX) shall be submitted by each sub-contractor, confirming their irrevocable undertaking to collaborate with the tenderer, should he win the contract and that they will put all appropriate and necessary resources from their part at the tenderer s disposal for the performance of the contract. 6

7 If the identity of the sub-contractor(s) is not known at the time of submitting the tender, the tenderer who is awarded the contract will have to seek JU s prior written authorization before entering into a sub-contract. Where no sub-contracting is indicated in the tender the work will be assumed to be carried out directly by the bidder. 1.6 Presentation of the tenders Tenders must comply with the following conditions: Tenders must be submitted in accordance with the double envelope system: The outer envelope or parcel should be sealed with adhesive tape, signed across the seal and carry the following information: the ref. number of the invitation to tender CSJU.2013.OP.01 the project title Provision of External Support for the CSJU the name of the Tenderer the indication Tender - Not to be opened by the internal mail service the address for submission of tenders (as indicated in the letter of invitation to tender) the date of posting should be legible on the outer envelope The outer envelope must contain three inner envelopes, namely, Envelope A, B and C. The content of each of these three envelopes must be as follows: Envelope A Administrative documents the signed, dated and duly completed Tender Submission Form using the template in Annex VI the duly filled in, signed and dated Exclusion Criteria Declaration(s) as requested in section 3.1 and using the standard template in Annex III the duly filled in, signed and dated Legal Entity Form(s) as requested in section and using the standard template via the link in Annex IV as well as the requested accompanying documents the duly filled in, signed and dated Financial Identification Form using the template in Annex V, including the IBAN and SWIFT/BIC code financial and economic capacity documents as requested in section duly filled in, signed and dated statements of absence of conflict of interest as found in Annex VII 7

8 a duly filled in, signed and dated statements of acceptance as found in Annex VIII in case of sub-contracting or reliance on other entities, a duly filled in, signed and dated declaration of intent as found in Annex IX a statement containing the name and position of the tenderer s authorized representative/signatory and official documentary evidence proving the representative s legal authority to validly sign on behalf of the organization and using the template in Annex X in case of consortia, a duly signed and dated (by each of the consortium members) consortium agreement specifying the company or person heading the project and authorized to submit a tender on behalf of the consortium (if available at the time of tender submission otherwise to be submitted within 15 days following notification of award and preceding contract signature) or at least document(s) laying down the respective authorizations and empowering the consortium leader to submit a tender on behalf of the consortium (please see section 1.4 of the tender specifications). Envelope B Technical proposal One signed original and 3 copies (identical in full to the original) of the technical and professional capacity documents as requested in section and of the technical proposal providing all information requested in section 4.2 including information relevant to subcontracting as requested in section 1.5. Envelope C Financial proposal One signed original and 3 copies (identical in full to the original) of the financial proposal based on the format found in Annex II The original tender must be marked ORIGINAL and the copies (of the signed original) are marked COPY Tenders should be drafted in English. It is strictly required that tenders be presented in the correct format and include all documents necessary to enable the evaluation committee to assess them. Failure to respect these requirements will constitute a formal error and may result in the rejection of the tender. 1.7 Period during which tenders are binding The period of validity of tenders, during which tenderers may not modify the terms of their tenders in any respect is 90 days after the deadline for the submission of tenders. In 8

9 exceptional cases, before the period of validity expires, the JU may ask tenderers to extend the period for a specific number of days, which shall not exceed 40. The selected tenderer must maintain its tender for a further 60 days from the date of notification that his tender has been recommended for the award of the contract. The further period of 60 days is added to the initial period of 90 days irrespective of the date of notification. 1.8 Contacts between the JU and tenderers Contacts between the JU and tenderers are prohibited throughout the procedure save in exceptional circumstances and under the following conditions only: Before the final date for submission of tenders: At the request of the tenderer, the JU may provide additional information solely for the purpose of clarifying the nature of the contract. Any request for clarification must be made in writing by at procurement@cleansky.eu and should indicate the reference number and the title of the tender. Requests for clarification received by the JU after the deadline for such requests for clarification as specified in section 1.2 Timetable will not be processed. The JU may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any other clerical error in the text of the call for tenders. Any clarifications including that referred to above will be published in due time on the JU s website. After the opening of tenders: If, after the tenders have been opened, some clarification is required in connection with a tender, or if obvious clerical errors in the submitted tender must be corrected, the JU may contact the tenderer, although such contact may not lead to any alteration of the substance and the terms of the submitted tender. 1.9 Visits to JU premises No site visits at JU s premises are deemed necessary for this procedure Division into lots This tender is divided into 4 lots. Tenders can apply for one, several or all the lots. 9

10 1.11 Variants Unless otherwise requested in the terms of reference in section 2 of the present specifications the tender should not deviate from the services requested Scope for additional services or for the repetition of similar services The JU may, at its own discretion, extend the project in duration and/or scope subject to the availability of funding and to satisfactory performance by the contractor Confidentiality & public access to documents In the general implementation of its activities and for the processing of tendering procedures in particular, the JU observes the following rules: Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, and; Clean Sky Executive Director Decision adopting implementing rules concerning the Data Protection Officer pursuant to Article 24(8) Regulation (EC) No 45/2001. Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents as implemented by the JU Contract provisions In drawing up your tender, you should bear in mind the provisions of the draft contract (see Annex I to the present tender specifications). In particular, the draft contract indicates the contractual terms and conditions for the provision of the services and the method and the conditions for payments to the contractor. Nota bene: Submission of a tender implies acceptance of all the terms and conditions set out in the invitation to tender, in the tender specifications and in the draft service contract and, where appropriate, waiver of the tenderer s own general or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract. In this respect every tenderer is also required to submit a duly filled in and signed statement of acceptance, in the form provided in Annex VIII. 10

11 2. Terms of Reference The Terms of Reference (ToRs) will become an integral part of the contract that may be awarded as a result of the tender. 2.1 Introduction: background to the invitation to tender The Clean Sky Joint Undertaking ( the JU ) is a multi-cultural European organization and has English as its working language. It currently employs approximately 24 statutory staff from across Europe. The JU may need recourse to external support, as a complement to its current staff, to implement some of its activities for the following reasons: to support the JU in case of staff absent because of long term leave, sickness or other reasons; to support the JU to cope with peak periods which require additional workforce and quick deployment of support services for a limited period of time; to support the JU to carry out, on a temporary basis, services and tasks which require specific professional skills and competences. As a result of this tendering procedure the JU intends to conclude one single or multiple framework contracts, up to a maximum number of five successful tenderers, with a legal entity or consortia (see section 2.8 for further details). 2.2 Description of the subject and scope of the contract The overall objective of the assignment is to provide the JU with the specific services within a reasonable timeframe and in line with the requested requirements. The JU may request other services during the course of the contract. The services described below set out the needs foreseen at launch of the tender and cover the majority of requirements of the JU over the next 4 years, but they are not exhaustive. To this end the contractor shall comply with the relevant Belgian laws on employment, taxes, social and pension contributions. 2.3 Outline of the services required The language requirement for the contractor as requested by the JU is English (mandatory). For specific activities, the knowledge of other languages might also be required in exceptional cases. 11

12 The overall objective of the assignment is to provide the JU with the following support within a reasonable timeframe and in line with the following specific services: 1 Engineering support to program management 2 Legal support 3 Grants management support 4 Calls for proposals support 5 Financial support 6 Support to ex-post audit activities 7 Communication support 8 IT services support These services are allocated in the four lots as follows: Lot 1 Engineering support to program management Legal support Grants management support Calls for proposals support Financial support Lot 2 Support to ex-post audit activities Lot 3 Communication support Lot 4 IT services support The contractors will be service providers on the basis of a service contract. They will not be employed by the JU and shall not be in any case considered as such and will not be subject to the Staff Regulations and the Conditions of Employment of Other Servants of the European Communities (Council Regulation N. 259/68 of 29 February 1968, last amended by Council Regulation N. 31/2008 of ). The contractor shall provide the JU with a description of the skills, professional competences and experience of the service providers matching the JU requests (refer to for details). The JU will have the right to meet the service providers for verification of the competencies. 12

13 The JU will inform the contractor of its decision in due time prior to the planned start date of the services. Description of the services: 1 - Engineering support to program management The service will consist of providing external support and expertise in programme management before and during the launch of calls for Proposals; co-operate with the JU in implementing the scientific priorities as defined in the Annual Implementation Plan (i.e work program for the year) of the JU; reporting on evaluation activities of the JU and preparation of input to the Annual Report; providing support and advice on evaluation procedures, methodologies and techniques; supporting the approval of the work programs of the 6 Integrated Technology Demonstrators (ITD) of the Clean Sky Program; monitoring and assessing the fulfillment of the programme objectives by the industrial members of an ITD and partners; monitoring the overall performance of the running research projects. The service provider shall have broad scientific, technical and regulatory understanding of aeronautical research and strong analytical skills to evaluate complex technical and scientific reports and information. 2 - Legal support The service will consist of supporting the JU in monitoring the implementation of applicable rules, regulations and procedures; advising on matters related to the implementation of Intellectual Property Rights rules at program management level; advising on the validity and conformity of procedures with the existing rules and regulations; assisting in the management of grant award decisions and procurement contracts and establish all necessary procedures for Clean Sky; providing legal analysis and advice in support of the JU; contributing to the production of reports and plans, as well as manuals and information notes for management on legal and procedural issues. The service provider shall have excellent knowledge of EU law, knowledge and experience in the area of intellectual property; knowledge and/or experience in the field of procurement and data protection. 3 Grants management support The service will consist of supporting the JU in the negotiation of the ITDs technical content and the annual budgets with its industrial partners; supporting the Project Officers of the JU in finalizing the Technical Annexes (Description of work and budget) to the grant agreements; checking the timely delivery of reports, deliverables, its assessment and provision of comment when appropriate; checking the consistency of the activities 13

14 performed by ITDs with the Development Plan; supporting the organization of the ITDs Annual Reviews; supporting the Project Officer in the organization of dedicated reviews; organizing dedicated meetings with some ITD members; with the support of the Project Controller, analyzing the dashboard provided by the ITD and make comments to the ITD coordinator. The service provider shall have good experience in program management and in management of grant agreements in the field of research. 4 - Calls for proposals support The service will consist of support in the management of calls for proposals, in particular: preparation of the documents of the calls for proposals; follow-up of the calls for proposals; experts administration (contracts, payments etc.); monitoring of deadlines; preparation of kick-off meetings ; information and reporting including statistics relating to Calls; circulation of project files (first contract, amendments & cost claims); management of bank accounts and legal entities; support to the evaluation procedures. The service provider shall have a good experience in the procedures of calls for proposals launched by the EU and some basic knowledge of finance. 5 - Financial support The service will consist of supporting the JU financial team in the budgetary control and financial reporting of the program management activities; monitor and reporting on the execution of the annual budget; draft up to date budget forecasts for the budget; track the carry-over of commitment and payment appropriations (3 year rule); track changes to the budgetary multi-annual planning and update reports; assess reliability of payment/commitment files prepared for authorizing officers; assist with provision and control of ex-post audit information to/from the financial team; coordination of financial files; assist the accounting officer where necessary to ensure consistency of financial information between accounting and budgetary sectors. The service provider shall have broad technical and regulatory understanding of financial, budgeting and commercial processes; Strong analytical skills to evaluate complex financial information. 6 - Support to ex-post audit activities The service will consist of supporting the JU audit team in planning the audits of the JU s beneficiaries by external auditors; establishing risk based and representative samples from the JU s population of cost claims; liaising with external audit firms for the execution of audits and prepare all necessary supporting information and data; monitoring the timely execution and quality of the ex-post audits performed by external auditors; following-up the 14

15 implementation of audit results related to beneficiaries of the JU, including extrapolation issues and calculation of error rates; supporting the ex-ante validation processes of the JU based on results of the ex-post audits; assisting the financial unit of the JU concerning the requirements for the certificates financial statements of the beneficiaries; exceptionally performing on the spot audits at the JU s beneficiaries. The service provider shall have deep understanding and experience in financial audit; proficiency in various IT tools, with focus on financial applications. 7 - Communication support The service will consist of supporting the implementation of the communication strategy; maintaining a network of contacts with stakeholders and the media; support large events and publications; drafting and presenting articles, press releases and publications; develop and update the website; establish networks with Member States, high level EU representatives and stakeholders. On a second level, within communication support for the following activities may be requested: creating a media database (pictures and videos) with Clean Sky JU media material; creating and managing data base of key external contacts; developing digital communication materials such as invitations, banners; maintaining and updating the website and intranet content (WEB design); assisting in coordinating PR and media work (create press reviews, organize press conferences, press files); contributing to and supporting the creation of publications; supporting fully the organization and logistics of events. The service provider shall have deep understanding and experience of communication and public relations; proven experience in organizing events and related communications services; excellent written and spoken communication skills in English. 8 - IT services support The service will consist of supporting the IT unit in specific tasks including but not limited to installing and configuring ICT equipment such as PCs, Laptops, Printers, Projectors, simple audio and telephone devices; providing desk side assistance to users with IT problems (MS- Office, in-house and externally developed applications, hardware problems etc.); auditing Software licenses and creating and maintaining a database of versions, users, license keys, costs, expiry dates and the source of the licenses to verify legal compliance (OEM, EC Framework contracts, approved re-sellers); defining and maintaining an ICT hardware inventory with bar code labeling, warranty and related information; assisting with the inhouse development and support of applications in MS-Access,.NET, SQL Server and similar; assisting with the specification and management of external application development by 15

16 third party suppliers; acting as backup for ICT or System support tasks performed by other staff; defining, developing and maintaining databases on servers; managing servers & serverclient operating systems; participating to call for tenders for suppliers of IT equipment, software and services; referring major hardware or software problems to vendors or technicians for service; conducting computer diagnostics to determine nature of problems; networks, backups; providing technical advice and assistance with the management of IT security, data classification and management, advising, defining and implementing an inhouse security policy in line with the legal standards applicable to EU Institutions and EU Bodies; assisting with ICT disaster recovery planning and implementation. The service provider shall have good experience in the fields described. Request and coverage of services Following the result of the tender process, the JU may conclude with the selected Contractor/s a specific contract. The JU will contact the selected Contractor/s according to its contingent needs in terms of numbers and duration of services requested and will expect to receive for each requested service documents showing available competences from which to select. Further details on how the Framework Contract shall be implemented including a detailed outline of the procedure to be followed for issuing specific contracts against the Framework Contract according to the needs of the JU can be found in Section 2.8 and respectively. Quality and Replacement of service providers The Contractor shall ensure that the service providers proposed are of a high quality and meeting the professional competencies requested by the JU including the requirements relating to language skills (mainly a proficient knowledge of English). Please note that before commencing any assignment at the JU premises or remotely, the service providers will be requested to sign a declaration of interests and a confidentiality declaration. All service providers assigned to the JU are expected to have a high level of professionalism at all times. Should problems/complaints arise as a result of the competence and/or behavior, the Contractor shall take immediate action to remedy such problems. In the case that such issues continue the JU reserves the right to demand the immediate replacement of any such service provider found not to meet the JU expectations at no additional cost. 16

17 2.4 Volume of the contract The JU intends to sign multiple framework contracts with the successful tenderers for a maximum potential total value of EUR (three million two hundred thousand Euro) for 4 (four) years maximum duration (all contracts included). The JU is looking for specific services of high quality. Therefore, the JU expects to have qualified service providers with a corresponding level of remuneration. 2.5 Duration of the contract The framework contract is intended to be signed for an initial period of 1 year and shall be renewable 3 times for a total maximum duration of 4 years under the same conditions. 2.6 Place of Delivery/Execution The main place of execution shall be the JU s premises in Brussels, Belgium. 2.7 Focal point & Reporting The Contractor shall assign a competent focal point who will act as the single point of contact for the JU. The focal point shall have a very good knowledge of English (oral and written) and shall report to the JU on a regular basis (generally every 6 months, or more often, if requested by the JU) in meetings at the premises of the JU in Brussels. Any expenses related to these meetings (travel, accommodation, presentation materials etc.) shall be covered by the Contractor and therefore shall not be reimbursed by the JU. The Contractor shall also be ready to submit ad hoc reports, if and when requested. It is expected that the focal point be available for the JU during weekday office hours (09:00 17:00) and in case of absences a suitable back-up be provided. In addition, the Contractor shall ensure that the focal point is trained in the field of Human Resources, in particular in Belgian Labour Law. The JU reserves the right to request the replacement of the focal point, if deemed necessary. Please also note that any replacements proposed to the JU shall have at least equivalent qualifications and competence to the previous focal point and such replacement shall not trigger any additional costs. 17

18 2.8 Description of the Contract A framework contract is a legal agreement between two parties - in this case, the JU and the Contractor. It acts as the basis for possible future purchase of services by the JU. The framework contract contains, inter alia, a description of the scope of services that may be purchased by the JU, methodology, timing and fees to be respected by the Contractor. It is a contract of a fixed duration (within a maximum duration of 4 years) but with no fixed value, only a maximum total value covering the whole maximum period. The framework contract is not an order for services or supplies and does not constitute or entail any financial commitment for the JU Implementation of the framework contract The JU intends to sign multiple Framework Contracts with the successful tenderers (maximum twelve). The successful tenderers will be placed into a ranked list. The execution of the Framework Contracts may be performed only through specific contracts by which the JU may request the provision of specific services from the overall list of profiles requested. Specific contracts shall take the form of one of the documents provided under Annexes III.a and III.b to the draft framework contract. Either format may be used for implementation of the framework contract indiscriminately, depending on the JU s needs. The specific contract model proposed under Annex III.b to the draft framework contract may also be referred to as an Order Form. NB: No legal or financial commitment exists on behalf of either party until a specific contract is signed by both parties. For signing specific contracts or Order Forms the JU shall use the cascading mechanism starting from the tenderers as placed in the ranked list. The cascading mechanism For every Specific Contract or Order the JU shall apply the cascading mechanism. The cascading mechanism is the mechanism applied for using multiple framework contracts. In general where more than one contractor is nominated, the following rules shall apply to requests for services. 1. For each case, the JU shall determine the specifications of the services required and the relevant response time. The Contractor shall make its offer in response to the JU s specifications within this time limit. 18

19 2. When requesting services, the JU shall initially address its request to the contractor who has been nominated in first place as a result of the evaluation of the call for tenders cited in the Contract. If this first contractor is in a position to meet the criteria for response time and specifications, then it shall be awarded the specific contract for the project in question. 3. If the first contractor is unable to meet these criteria, then it shall be regarded as being unable to provide the services requested. In this case, the JU shall then address the same request to the contractor who has been nominated in the second place as a result of the evaluation of the call for tenders cited in the Contract. If this second contractor is in a position to meet the criteria for response time and specifications, then it shall be awarded the specific contract for the project in question. 4. If this second contractor is unable to meet either of these criteria, then it shall be considered unable to provide the services requested. In that event, the JU shall then repeat this process with the contractor who has been nominated in third place etc. 5. This process will terminate either with the award of the specific contract to one of the contractors who has been selected and ranked or with the failure to award the specific contract or Order Form to any contractor. In the event of failure the JU may redefine the request and/or start the procedure again. The first contractor will always be consulted first. During the cascade mechanism the specifications may not change (e.g. services and/or technical annexes must remain the same) Procedure for issuing specific contracts against the Framework Contract An individual specific contract shall be issued, signed and submitted to the JU for each service required and prior to the starting date. The procedure for concluding a specific contract is as follows: Phase 1: At least ten working days prior to the foreseen starting date, the Contractor will receive from the JU a request indicating the services and competencies required, along with information on budget and time schedule (start and end date). Phase 2: After receiving the request, the Contractor shall submit at least three proposals, within a maximum of three days, to be reviewed by the JU. In exceptional cases, the JU may grant the contractor additional response time. 19

20 Phase 3: If an interview and eventually a preparatory meeting or test is planned, it will be held at the JU s premises and conducted by staff of the JU, following which the JU will indicate the best service provider. Any expenses related to the interviews (travel, accommodation, presentation materials etc.) shall be covered by the Contractor and therefore shall not be reimbursed by the JU. Phase 4: Within a reasonable timeframe prior to the planned starting date the JU will indicate the budget and the details of the selected service provider; if required, the JU may also consult the Contractor. According to these details, the JU will prepare and send to the Contractor, a specific contract (pertaining to the preferred candidate). The specific contract will be signed by a representative of the Contractor and will be returned to the JU. It needs to be ensured by both parties that the required service providers shall commence their activities promptly on the date indicated in the specific contract and by no means before a specific contract is signed by both the JU and the Contractor Under-performance In the case the Contractor does not meet the quality expectations of the JU they shall be contacted (in writing) by the JU and informed of the shortcomings/complaint. Upon such request the Contractor is expected to take immediate measures to address and resolve such problems. The JU shall reserve its rights to suspend or terminate the contract, suspend any payment and apply financial penalties where appropriate. Under the term quality, in the context of this paragraph and of this Framework Contract, the following (non-exhaustive) elements are to be highlighted: the submission of high professional competencies of the external providers and in a timely manner, the fair financial management of service providers, the continuous monitoring of specific contracts and the competence/effectiveness of the focal point (please see 4.2 for further details) Payment Formalities The contractor shall submit invoices, per specific contract, to the JU every three months. The invoice shall list all the services rendered during that period and clearly indicate the specific contract (and framework contract) reference to which they refer. 3 Exclusion and selection criteria 3.1 Exclusion criteria Participation in this tender is only open to tenderers who are not in any of the situations listed below: 20

21 a) bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; b) have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; c) have been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify; d) have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Contracting Authority or those of the country where the contract is to be performed; e) have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organization or any other illegal activity detrimental to the European Union s financial interests; f) following another procurement procedure or grant award procedure financed by the European Union budget, they have been declared to be in a serious breach of contract for failure to comply with their contractual obligations. In addition to the above, contracts may not be awarded to tenderers who, during the procurement procedure: are subject to a conflict of interest; are guilty of misrepresentation in supplying the information required by the Contracting Authority as a condition of participation in the contract procedure or fail to supply this information. Means of proof required Tenderers shall provide a declaration on their honor (see model in Annex IV), duly signed and dated, stating that they are not in any of the situations referred to above. Nota bene 1: The tenderer to whom the contract is to be awarded shall provide, within 15 days following notification of award and preceding the signature of the contract, the following documentary proofs to confirm the declaration referred to above: For points a), b) and e) a recent extract from the judicial record or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. For point d) a recent certificate issued by the competent authority of the State concerned. Where the document or certificate referred to above is not issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn 21

22 statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance. Nota bene 2: As indicated in section 1.14 tenderers shall provide, together with their offer, a duly signed and dated statement of acceptance. 3.2 Selection Criteria Tenderers must submit evidence of their legal, economic & financial, technical & professional capacity to perform the contract Legal capacity Requirement Tenderers (including all consortium members and any proposed sub-contractors) are asked to prove that they are authorized to perform the contract under the national law as evidenced by inclusion in a trade or professional register, or a sworn declaration or certificate, membership of a specific organization, express authorization or entry in the VAT register. Evidence required Tenderers (including all consortium members and any proposed sub-contractors) shall provide a duly filled in and signed Legal Entity Form (see Annex IV) accompanied by the documents requested therein. Where a tenderer has already signed another contract with the JU, he may provide instead of the legal entity file and its supporting documents a copy of the legal entity file provided on that occasion, unless a change in his legal status occurred in the meantime or the legal entity file or its supporting documents are older than one year) Economic & financial capacity Requirement The tenderer must be in a stable financial position and have the economic and financial capacity to perform the contract; The yearly turnover in relation to the services covered by the contract (see section 2) in the last three years must not have fallen below EUR (four hundred thousand Euro). 22

23 Evidence required Proof of economic and financial capacity shall be furnished by the following documents: balance sheets or extracts from balance sheets for at least the last two years for which accounts have been closed (where publication of the balance sheet is required under the company law of the country in which the economic operator is established); a statement of turnover concerning services covered by the contract during the last three financial years; if, for some exceptional reason which the JU considers justified, the tenderer is unable to provide the references requested by the Contracting Authority, he may prove his economic and financial capacity by any other means which the JU considers appropriate Technical & professional capacity (A) Requirements The tenderer's technical & professional capacity, proving the suitability of the organization to respond to the activities covered by the contract, will be evaluated on the basis of the following criteria: 1. The tenderer shall have at least three years experience in the provision of similar services on the market, as described in the ToRs, to the public and/or the private sector. 2. The tenderer shall have experience (at least three contracts/assignments in the last three years) with similar profiles and language skills (at least proficient knowledge of the English language) related to the field of this contract. 3. The tenderer shall be able to cover and provide a sufficient number of highly qualified services to accommodate the needs of the JU, as indicated in the description of the lots (section 2.3). 4. A suitable focal point shall be appointed (as described in section 2.7) and should have appropriate qualifications/expertise and very good command of the English language. (B) Evidence required The following cumulative documents or information must be presented as evidence of compliance with the technical and professional capacity criteria of the tenderer. 23

24 1. Description of similar services/past projects performed in the years 2010, 2011, 2012 by completing the table provided in Annex XII including the following information: list of companies/organizations/authorities to which services were provided, short description of the services provided, as well as number of providers/year (see also requirement 3). 1. Provision of a copy of a valid certificate of enrolment in the national Professional Register for the provision of services. 2. List of the profiles of provided service (matching to those listed in 2.3), as well as their language skills (at least good English language skills) in the years 2010, 2011 and The tenderer shall provide the number of concluded contracts on a yearly basis for the years 2010, 2011 and 2012 using the template provided in Annex XI. 4. The tenderer shall submit a list of service providers with information on the competences and language skills (CVs) as required under each profile/service (section 2.3). 5. Presentation of the appointed focal point through submission of CV highlighting the professional experience and language skills of the focal point, evidencing in particular at least two years of experience in a similar post (focal point). Please note that further documents or evidences (i.e. certificates issued or countersigned by public authorities, declarations of performance by private purchasers etc.) may be requested by the JU in support of the above requirements. Nota bene: An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, by producing a declaration of intent (in the form provided in Annex IX) on the part of those entities to place those resources at its disposal. 4 Award of the contract Only the tenderers meeting the requirements of the exclusion and selection criteria will have their tender evaluated in terms of quality and price. 24

25 The contract shall be awarded to the tenderer submitting an admissible tender offering the best-value-for-money (best quality-price ratio) on the basis of the award criteria described below. 4.1 Technical evaluation The quality of technical offers reaching this stage will be evaluated in accordance with the award criteria and the associated weighting as detailed in the evaluation grid below. No CRITERIA MAX POINTS AWARDED SCORE 1 Capacity to provide the services described in 2.3: Quality, competences and ability to cover different categories of profiles as specified in section 2.3 as well as tools for ensuring the quality of the services. 2 Price charged to the service: Best value for money 3 Management of contracts & role of focal point: Procedure for timely preparation of contracts, monitoring and reporting systems, level of administrative flexibility, role of the focal point Sound management of service providers Procedures/methodology for ensuring sound management of service providers. 10 TOTAL Technical proposal The assessment of technical quality will be based on the ability to meet the purpose of the contract as described in the terms of reference. To this end, the technical proposal shall 25

26 contain all necessary information to allow evaluation of the tender according to the technical criteria mentioned above, including in particular: 1. Capacity to provide the services described in 2.3: Quality and coverage of profiles as in section 2.3; Description of methods and tools used to ensure that the proposed service providers match the requested competences and have the necessary skills and experience (CVs). 2. Price: The contract shall be awarded to the tenderer offering the best-value-for-money which shall guarantees that the service providers are remunerated in proportion to experience and capabilities. The tenderers shall specify for each category of service offered the daily rate (man/days). Where applicable, the prices shall also indicate any fee. 3. Management of contracts & role of the focal point: Description of procedure in place to ensure the timely preparation of contracts. Proposed monitoring and reporting system for expiring contracts. Level of flexibility of the respective administrative formalities governing the entry into service, replacement and exit of service providers. Description of the process to be followed ensuring that: o the JU will have a dedicated focal point and will have priority over other requests; o the focal point will be available for the JU during weekday office hours (09:00 17:00) and in case of absence that a suitable back-up will be identified. 4. Ensuring sound management of the services providers: Description of methods in place to ensure compliance with the basic principles of equal treatment, non-discrimination and transparency. Method proposed for monitoring performance and reporting of the service providers and processing feedback from the JU. In addition to the above the tenderer must provide the information concerning subcontracting as requested in section