Tender Specifications

Transcription

1 Tender Specifications for Purchase of Office Furniture and associated services Framework service contract Publication Reference: OJ/10/06/2011-PROC/2011/047 June 2011

2 Table of Contents Introduction to ECDC Overview of this tender Description of the contract Timetable Participation in the tender procedure Participation of consortia Subcontracting Presentation of the tender Confirmation of offer submission Contacts between ECDC and the tenderers Division into Lots Variants Confidentiality and public access to documents Contractual details Terms of reference Introduction: Background to the invitation to tender Description of the services & scope Prices Exclusion and selection criteria Exclusion criteria Selection criteria Award of the contract Technical proposal for Lots 1 & Technical evaluation Financial proposal Choice of the selected tender No obligation to award Notification of outcome List of Annexes Annex I Draft contract Annex II Exclusion criteria and non-conflict of interest declaration Annex III Legal entity form Annex IV Financial identification form Annex V Authorised signatory form Annex VI Curriculum Vitae template Annex VII Financial proposal form Annex VIII Confirmation of offer submission Annex IX Tender submission checklist... 53

3 Introduction to ECDC The European Centre for Disease prevention and Control (ECDC) is an agency of the European Union, established by the European Parliament and Council Regulation 851/2004 of 21 April Its purpose is to identify, assess and communicate current and emerging threats to human health from communicable disease. Within this broad mission statement, the main technical tasks of the Centre fall into the following four categories: The publication of independent scientific opinions, bringing together technical expertise in specific fields through its various EU-wide networks and via ad hoc scientific panels; The provision of technical assistance to EU member states, communication of the Centre s activities and results and dissemination of information tailored to different audiences; The development of epidemiological surveillance at the European level and the maintenance of networks of reference laboratories; and Early Warning and Response based on round the clock availability of specialists in communicable diseases. Further information about the Centre can be found on the ECDC website The tender process The purpose of competitive tendering for awarding contracts is two-fold: to ensure the transparency of operations; to obtain the desired quality of services, supplies and works at the best possible price. The applicable regulations, namely directives 92/50/EEC, 93/36/EEC and 93/37/EEC, oblige the ECDC to guarantee the widest possible participation, on equal terms in tender procedures and contracts.

4 1 Overview of this tender 1.1 Description of the contract The services required by ECDC are described in the terms of reference in section 2 of the present tender specifications. In drawing up a tender, tenderers should bear in mind the provisions of the draft contract in Annex I. In particular, the draft contract indicates the method and the conditions for payments to the contractor. Tenderers are expected to examine carefully and respect all instructions and standard formats contained in these specifications and the invitation to tender. An offer which does not contain all the required information and documentation may be rejected. 1.2 Timetable Activity Date Comments Launching of tender 10/06/2011 Dispatch of contract notice to the OJ Deadline for request of clarifications from ECDC 16/08/2011 Mandatory site visit - Not applicable to this tender Last date on which clarifications are issued by ECDC 23/08/2011 Deadline for submission of offers 31/08/2011 At 16:00 local time if hand delivered Interviews (if any) - Not applicable to this tender Opening session 07/09/2011 At 10:00 local time Date for evaluation of offers 14/09/2011 Estimated Notification of award to the selected Tenderer 05/10/2011 Estimated Contract signature 19/10/2011 Estimated 1.3 Participation in the tender procedure This procurement procedure is open to the natural or legal person wishing to bid for the assignment and established in the EU, the EEA or any other country covered by the WTO Government Procurement Agreement. 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). Page 4

5 Please note that any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or ECDC during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his tender and may result in administrative penalties. 1.4 Participation of consortia A consortium may submit a tender on 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 authorising this company or person to submit a tender. 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 technical and professional capacity, the evidence provided by each member of the consortium will be checked to ensure that the consortium as a whole fulfils the criteria. 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 If subcontracting is envisaged, the tenderer must clearly indicate in the tender which parts of the work will be subcontracted. The total value of the subcontracted part of the services cannot represent the total value of the contract value. Subcontractors must satisfy the eligibility criteria applicable to the award of the contract. If the identity of the intended subcontractor(s) is already known at the time of submitting the tender, all subcontractors must provide the required evidence for the exclusion and selection criteria. If the identity of the subcontractor is not known at the time of submitting the tender, the tenderer who is awarded the contract will have to seek ECDC s prior written authorisation before entering into a subcontract. Where no subcontractor is given, the work will be assumed to be carried out directly by the tenderer. 1.6 Presentation of the tender Tenders must comply with the following conditions: Double envelope system Offers must be submitted in accordance with the double envelope system: The outer envelope or parcel should be sealed with adhesive tape and signed across the seal and carry the following information: Office Furniture and associated services; the name of the tenderer; the indication Offer - Not to be opened by the internal mail service ; the address for submission of offers (as indicated in the invitation to tender letter) the date of posting (if applicable) should be legible on the outer envelope The outer envelope must contain three inner envelopes, namely, Envelopes A, B and C. Page 5

6 The content of each of these envelopes shall be as follows: Purchase of Office Furniture and associated services 1. Envelope A Administrative documents The signed, dated and duly completed Tender Submission Checklist using the template in Annex IX; The duly filled in, signed and dated Exclusion Criteria and Non-Conflict of Interest Declaration(s) as requested in section 3.1 and using the standard template in Annex II; The duly filled in, signed and dated Legal Entity Form(s) as requested in section and using the standard template in Annex III as well as the requested accompanying documents; The duly filled in, signed and dated Financial Identification Form 1 using the template in Annex IV; Financial and economic capacity documents as requested in section 3.2.2; The technical and professional capacity documents as requested in section 3.2.3; A statement containing the name and position of the tenderer s authorised signatory; and In case of consortia, a consortium agreement duly signed and dated by each of the consortium members specifying the company or person heading the project and authorised to submit a tender on behalf of the consortium (please see section 1.4 of these tender specifications). 2. Envelope B Technical proposal One original (unbound, signed and clearly marked as Original ) and four copies (bound and each marked as Copy ) of the Technical Proposal, providing all information requested in section Envelope C Financial proposal One signed original and four copies of the Financial Proposal, based on the format in found in Annex VII Language Offers must be submitted in one of the official languages of the European Union. ECDC prefers, however, to receive documentation in English. Nonetheless, the choice of language will be not play any role in the consideration of the tender. 1.7 Confirmation of offer submission In order to keep track of offers due to arrive, tenderers who do not hand deliver their offers are requested to complete and return the form found Annex VIII. 1.8 Contacts between ECDC and the tenderers Contacts between ECDC and tenderers are prohibited throughout the procedure, except in the following circumstances: 1 In the case of a consortium, only one Financial Identification Form for the whole consortium shall be submitted, nominating the bank account into which payments are to be made under the contract in the event that the respective tender is successful. Page 6

7 1.8.1 Written clarification before the deadline for submission of offers Purchase of Office Furniture and associated services Requests for clarification regarding this procurement procedure or the nature of the contract should be done in writing only and should be sent by mail, fax or to: ECDC Attn: Procurement Office Stockholm, Sweden Fax: procurement@ecdc.europa.eu Each request for clarification sent to ECDC should indicate the publication reference and the title of the tender. The deadline for clarification requests is indicated in the timetable under section 1.2. Requests for clarification received after the deadline will not be processed. At the request of the tenderer, ECDC may provide any additional information or clarification resulting from the request for a clarification on the ECDC Procurement webpage: ECDC may, on its own initiative, inform interested parties of any error, inaccuracy, omission or other clerical error in the text of the contract notice or in the tender specifications by publishing a corrigendum on its website. Tenderers should regularly check the ECDC website for updates After the closing date for submission 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 ECDC may contact the tenderer, although such contact may not lead to any alternation of the terms of the submitted tender Visits to ECDC premises Not applicable for this tender procedure Interviews Not applicable. 1.9 Division into Lots This Call for Tender will be composed of two lots listed below. Tenderers may apply for one or more lots. Lot 1 office furniture and related services Lot 2 - executive office furniture and related services 1.10 Variants Not applicable Page 7

8 1.11 Confidentiality and public access to documents Purchase of Office Furniture and associated services All documents presented by the tenderer become the property of the ECDC and are deemed confidential. In the general implementation of its activities and for the processing of tendering procedures in particular, ECDC observes the following EU regulations: Council Regulation (EC) No. 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents; and Council Regulation (EC) No. 45/2001 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. The tender process will involve the recording and processing of personal data (such as a tenderer s name, address and CV). Such data will be processed pursuant to Regulation (EC) No. 45/2001. Unless indicated otherwise, a tenderer s replies to questions and any personal data requested by ECDC are required to evaluate the tender in accordance with the tender specifications and will be processed solely for that purpose by ECDC. A tenderer is entitled to obtain access to their personal data on request and to rectify any such data that is inaccurate or incomplete. If you have any queries concerning the processing of your personal data, you may address them to dpo@ecdc.europa.eu. You have the right of recourse at any time to the ECDC Data Protection Supervisor for matters relating to the processing of your personal data Contractual details A draft contract is attached to these technical specifications as Annex I. ECDC wishes to conclude framework contract(s) to provide: Lot 1 office furniture and related services Lot 2 - executive office furniture and related services for a period of four years. The framework contract will establish the terms governing specific contracts to be awarded during a given period; in particular, with regard to price. Signature of the framework contract imposes no obligation on the Centre to order services. Only the implementation of the framework contract through specific orders is binding for ECDC. Each order will contain details of deliverables and timelines for particular services to be provided. The terms of reference will become an integral part of the contract that may be awarded as a result of this tender procedure. Page 8

9 2 Terms of reference 2.1 Introduction: Background to the invitation to tender Purchase of Office Furniture and associated services ECDC wishes to conclude framework service contract(s) for the above described services for ECDC premises (approximately square meters in four buildings on Tomtebodavägen, Solna, Sweden) with approximately 320 staff. The European Centre for Disease Prevention and Control (ECDC) pays attention to ergonomic, environmentally-friendly products and purchases. 2.2 Description of the services & scope ECDC wishes to acquire office furniture and related services to renew and add part of its current office, conference and ancillary furniture already installed. The acquisition will be governed by a framework supply contract (see Annex C). The cost of acquisition will be all-inclusive, incorporating the cost of transportation, installation (to precise locations within ECDC building complex indicated by ECDC staff), assemble/disassemble, demonstration of use, and technical support within warranty period Contract objectives and scope In more details ECDC is looking to acquire the following office furniture: Lot 1 - office furniture and related services 1. Office furniture in full deployment (desks, ergonomic chairs, bookcases, mobile pedestals, storage cupboards, meeting tables, guest chairs) 2. Staff office furniture in full deployment (desks, meeting and computer extensions, ergonomic chairs, bookcases, mobile drawer pedestals, storage cupboards) 3. Conference modular tables (fixed and custom shapes and dimensions) 4. Conference u-shaped chairs 5. Orthopaedic chairs 6. Partition walls, general use storage furniture, printer stands, desk dividers etc Lot 2 Executive office furniture and related services 1. Executive Office furniture in full deployment (desks, ergonomic chairs, bookcases, mobile pedestals, storage cupboards, meeting tables, guest chairs) 2. Conference modular tables (fixed and custom shapes and dimensions) 3. Partition walls, general use storage furniture, printer stands, desk dividers etc Description of the work/tasks The proposed furniture will be delivered and installed in ECDC premises (in specific offices or areas indicated by ECDC staff). The installation of the furniture includes assembly/disassembly, demonstration of use to personnel, demonstration of transformation capabilities to ICTF staff. Page 9

10 Place of performance of the contract ECDC premises. Reference documents Photographs of the already in use office furniture Deliverables, reporting and project schedule All office furniture must be delivered with adequate mechanical spares (at least 10% of the ordered quantity) for future replacements. As mechanical spares are defined chair wheels, cupboard hinges, padlocks, bookcase shelf holds etc. All extendable, modular or mechanically functioning equipment (executive/operators chairs) must be delivered with multilingual manuals. As delivery time we define the intermediate time between the signature of an order form and the date that the furniture(s) are delivered and installed in ECDC premises. The contractor is obliged to execute its single order form (delivery and installation of the furniture) within thirty (30) calendar days Duration of the contract for Lots 1 & 2 The contract shall have a total maximum duration of four years in the following manner: The contract shall have an initial duration of one year, and it may be renewed up to three times, each renewal having the duration of one year. 2.3 Prices Currency of tender Prices must be quoted in EURO. The Financial Proposal Form in Annex VII must be used to submit a tender All-inclusive prices Prices submitted in response to this tender must be inclusive of all costs involved in the performance of the contract (e.g. to include delivery, supply and installation, maintenance, travel, subsistence, etc). No expenses incurred in the performance of the services will be reimbursed separately by ECDC. NB: ALL the above mentioned mechanical spare parts and services will be provided at NO extra cost for ECDC Price revision Prices and possible general discounts in percentage as well as discounts for specific items listed in the financial offer (Annex VII) submitted in response to this tender shall be fixed and not subject to revision for Specific Contracts concluded during the first year of performance of the Framework Contract. During campaign / sales period, the contractor should always offer to ECDC the lower price between the offered prices on campaign/sales period and the catalogue prices (including possible offered discount from the contractor).. Page 10

11 From the beginning of the second year of performance of the Framework Contract, prices may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by notice served no later than three months before the anniversary of the date on which the Framework Contract became effective. Specific Contracts shall be concluded on the basis of the prices in force on the date on which they are signed. Such prices shall not be subject to revision. This revision shall be determined by the trend in the harmonised consumer price index EICP published for the first time by the Publications Office of the European Union in the Eurostat monthly bulletin at Price revision shall be calculated in accordance with the following formula: Ir Pr = Po ( ) Io where: Pr = revised price; Po = price in the original tender; Io = index for the month in which the validity of the tender expires Ir = index for the month in which the revised prices take effect Costs involved in preparing and submitting a tender ECDC will not reimburse any costs incurred in the preparation and submission of a tender. Any such costs must be paid by the tenderer Protocol on the Privileges and Immunities of the European Union The Centre is, as a rule, exempt from all taxes and duties, and in certain circumstances is entitled to a refund for indirect tax incurred, such as value added tax (VAT), pursuant to the provisions of articles 3 and 4 of the Protocol on Privileges and Immunities of the European Union. Tenderers must therefore quote prices which are exclusive of any taxes and duties and must indicate the amount of VAT separately Payments Payments under the contract shall be executed only if the contractor has fulfilled all their contractual obligations by the date on which the invoice is submitted, including specified deliverables. For all items described in this call for tenders, the minimum warranty and technical support requested is 2 years on site covering replacement of defective parts, labour and visiting costs to ECDC premises. The minimum service level related to the technical support within the warranty period should cover at least the following: As above 1. On site/off site fix/replacement of any defective part, module, or set; 2. In case of failure related to mechanical parts, module or extensions, the provider must send to ECDC premises experienced personnel/technicians for the repair/replacement of the part within seven (7) working days from the day of notification. In case the repair demands the transportation of the furniture outside ECDC premises, the provider must complete his task within twenty (20) Page 11

12 working days. The cost of furniture/part transportation, technical team travelling, and spares are completely and solely covered by the contractor. 3. Defects or scratches caused on transportation or installation of the furniture should be repaired/replaced according to the above mentioned Financial guarantees ECDC may require a pre-financing guarantee or a performance guarantee from the Contractor chosen as a result of this tendering procedure. When such guarantee is requested, the specific conditions related to the provision of a guarantee are included in the draft contract (Annex I). The costs for the guarantee shall be borne by the Contractor. Page 12

13 3 Exclusion and selection criteria 3.1 Exclusion criteria Tenderers shall be excluded from participation in procurement procedure if they are in any of the following situations: a) are 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 ECDC 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 Sweden or those of the country where the contract is to be performed; e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in 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 for this contract: are subject to a conflict of interest; are guilty of misrepresentation in supplying the information required by ECDC as a condition of participation in the procurement procedure or fail to supply this information. Declaration and means of proof All tenderers must certify that they are not in any of the situations listed above by completing and signing the attached Exclusion Criteria & Non-Conflict of Interest Declaration in Annex II. The tenderer to whom the contract is to be awarded shall provide in addition, within 15 days following the 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 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. Page 13

14 3.2 Selection criteria Tenderers must submit evidence of their legal, economic, financial, technical and professional capacity to perform the contract Legal capacity Requirement A tenderer is asked to prove that they are authorised 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 organisation, express authorisation or entry in the VAT register. Evidence required The tenderer shall provide a duly filled in and signed Legal Entity Form (see Annex III) accompanied by the documents requested therein. (Where the tenderer has already signed another contract with ECDC, they 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) Economic and financial capacity Requirement The tenderer must be in a stable financial position and have the economic and financial capacity to perform the contract. 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 overall turnover and turnover concerning services/supplies covered by the contract during the last three financial years. If, for some exceptional reason which ECDC 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 ECDC considers appropriate. The Centre reserves the right to request any additional documentary evidence it deems necessary or useful in order to verify a tenderer s economic and financial standing Technical and professional capacity Requirement(s) The tenderer s technical and professional capacity will be evaluated using the following criteria: Suitability of the organisation and staffing structure available for the activities covered by the contract; Ability to supply all material described in the Technical Specifications and all related services (commissioning, installation, support and maintenance). Be able to provide supplies and services in accordance with the time schedule indicated in the Terms of Reference. Page 14

15 In the case of a consortium submitting an offer, each member of the consortium must provide the required evidence. For technical capacity the evidence provided by each member of the consortium will be checked at consortium level to ensure that the consortium fulfils the criteria. The tenderer, including all consortium members and any proposed subcontractors, shall in no way be subject to a conflict of interest concerning the implementation of the contract. Evidence required The following documents or information shall be presented as evidence of compliance with the technical and professional capacity criteria: A certified list of the principle services provided in the last three years including the value dates and recipients of the services provided. A declaration of availability to carry out the services during the timeframe indicated in the Terms of Reference. Detailed company profile, demonstrating the ability to provide products and perform services similar to those described in this call for tenders (i.e. specially trained technicians, relation with manufacturing company etc.); List of major clients of the past three years (3) similar to the scope, size and nature as those required in this call for tenders indicating the amounts, the dates, and the name of the consignees i.e. public or private. Proof of enrolment in the relevant professional register, as prescribed by the laws of the Member State where the tenderer is established, is required. Page 15

16 4 Award of the contract Purchase of Office Furniture and associated services Offers are opened and evaluated by a committee, possessing the technical and administrative capacities necessary to give an informed opinion on the offers. The committee members are nominated on a personal basis by the ECDC under guarantee of impartiality and confidentiality. Each of them has equal voting rights. Only the tenders meeting the requirements of the exclusion and selection criteria will be evaluated in terms of quality and price. For each lot, the contract will be awarded to the tenderer who meets the requirements of these Specifications and quotes the lowest price in relation to a reference price. 4.1 Technical proposal for Lots 1 & 2 The assessment of technical quality will be based on the ability of the tenderer to meet the purpose of the contract as described in the terms of reference. To this end, the technical proposal shall contain the following information to allow evaluation of the tender according to the technical criteria mentioned in section 4.2: Technical or commercial information (specification sheets, brochures, etc). All the office furniture items proposed, must be supported by photographs, brochures, model/series codes/numbers, technical specifications sheets and any other material that could assist the evaluation committee on the relevance of technical specifications, ergonomics, quality, robustness, etc; Information relating to the eco-friendliness of the proposed products. In this context, tenderers should provide means of proof for: Wooden parts made from wood that has been harvested from environmentally sustainable managed forests; Synthetic materials made from recycled raw material; The amount of material that can be recycled; Detailed description regarding the warranty periods offered, the delivery times and technical support response availability. The information in the technical proposal must be consistent with the terms of reference and must be signed by the tenderer. Page 16

17 4.2 Technical evaluation Purchase of Office Furniture and associated services The quality of technical offers will be evaluated in accordance with the award criteria and the associated weighting as detailed in the evaluation grid below. 1. Technical Qualifications / Quality of the proposed solution Max points Awarded score 1.1 Quality, functionality and robustness of the proposed office furniture and equipment 1.2 Ergonomics of the proposed items/furniture, versatility, Orthopaedics Aesthetics and general look of the proposed solutions Eco-friendliness of the products Warranty/Technical Support 2.1 Warranty duration and terms offered, above the minimum requirements at no additional cost 2.2 Delivery time response proposal Technical support response availability proposal 5 TOTAL Only tenders scoring 70 points or more (of a maximum of 100) points against the award criteria will have their financial proposal evaluated. Offers scoring less than 60% for any award criterion will be deemed to be of insufficient quality and eliminated from further consideration. 4.3 Financial proposal The financial proposal should be presented in the format found in Annex VII. 4.4 Choice of the selected tender The contract will be awarded to the tenderer offering the best value for money, taking into account the awarding criteria listed above. No award criteria and sub-criteria other than those detailed above will be used to evaluate the offer. The weighting of quality and price will be applied as follows: Ratio for tender X = quality points for tender X total reference price of tender X Reference Price Solely for purposes of assessment, the all-in prices quoted by the tenderer in the Price Offer which forms Annexe VII of the Invitation to Tender will be added together in order to give a reference price. Page 17

18 This reference price for both lots comprises: Furniture item/module Purchase of Office Furniture and associated services Offered Price Weight Reference Price (from annex VII column C) C D C*D Office desks 15 Conference tables, round 10 Office Bookcases (open bookcase, 2 shelves) 5 Mobile drawer pedestals 10 CUPBOARD with 2doors,4 shelves 5 COAT CUPBOARD with 1 shelve, rail and mirror(left and right doors) 10 Cable Channel Halfpipe 5 Printer stands 5 Office chairs 10 Visitors chairs 10 Orthopaedic Office Chairs 10 Partition Office Walls (screens), fabric covered 5 Total reference price Total reference price The reference price, which will be calculated by the ECDC and must on no account feature in the tenderer s bid, is used solely for the purpose of comparing the tenders received and has no contractual value. Only the all-in prices quoted in Annex VI of the Invitation to Tender have contractual value. 4.5 No obligation to award Completing the procedure of the call for tenders in no way imposes on the ECDC an obligation to award the contract. The ECDC shall not be liable for any compensation with respect to tenderers whose offers have not been accepted, nor shall ECDC be liable when deciding not to award the contract. 4.6 Notification of outcome Each tenderer will be informed in writing about the outcome of the call for tender. If tenderers are notified that a tender has not been successful, tenderers may request additional information by fax or mail. At the discretion of ECDC, this information can be given in a follow-up letter providing further details in writing, such as the name of the tenderer to whom the contract is awarded and a summary of the characteristics and relative advantages of the successful tender. However, ECDC would like to stress that it is not free to disclose any information affecting the commercial interests of other tenderers. Page 18

19 List of Annexes Annex I Draft contract Annex II Exclusion criteria and non-conflict of interest declaration Annex III Legal entity form Annex IV Financial identification form Annex V Authorised signatory form Annex VI Curriculum Vitae template Annex VII Financial proposal form Annex VIII Confirmation of offer submission Annex IX Tender submission checklist Annex X Photographs of the already in use office furniture Page 19

20 Annex I Draft contract Purchase of Office Furniture and associated services The draft contract is provided solely for information. Tenderers should note that in the case that their offer is successful the resulting contract will be based on this draft contract. Page 20

21 EUROPEAN CENTRE FOR DISEASE PREVENTION AND CONTROL RMC FRAMEWORK SERVICE CONTRACT CONTRACT NUMBER [complete] The European Centre for Disease Prevention and Control (hereinafter referred to as "ECDC"), which is represented for the purposes of the signature of this contract by Marc Sprenger, Director, of the one part, and [official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as "the Contractor"), represented for the purposes of the signature of this contract by [forename, surname and function,] of the other part, HAVE AGREED Page 21

22 the Special Conditions and the General Conditions below and the following Annexes: Annex I Annex II Annex III Tender Specifications (Invitation to Tender No [complete] of [complete]) Contractor's Tender (No [complete] of [complete]) (a) Order Form (b) Specific Contract which form an integral part of this contract (hereinafter referred to as the Contract ). The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract. The terms set out in the General Conditions shall take precedence over those in the Annexes. The terms set out in the Tender Specifications (Annex I) shall take precedence over those in the orders and specific contracts (Annex III), the latter taking precedence over the Tender (Annex II). Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by ECDC, subject to the rights of the Contractor under Article I.8 should he dispute any such instruction. I SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT I.1.1 I.1.2 I.1.3 I.1.4 The subject of the Contract is Providing office furniture and related services to renew and add part of its current office, conference and ancillary furniture already installed. Signature of the Contract imposes no obligation on ECDC to purchase. Only implementation of the Contract through orders and specific contracts is binding on ECDC. Once implementation of the Contract has been asked or has commenced, the Contractor shall reply and execute the tasks in accordance with all terms and conditions of the Contract. The Contract confers on the Contractor an exclusive right to provide the services described in Annex I to ECDC. Page 22

23 ARTICLE I.2 - DURATION I.2.1 I.2.2 I.2.3 I.2.4 The Contract shall enter into force on the date on which it is signed by the last contracting party. Under no circumstances may implementation commence before the date on which the Contract enters into force. Execution of the tasks may under no circumstances begin before the date on which the order or specific contract enters into force. The Contract is concluded for a period of one year with effect from the date on which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated. The orders or specific contracts shall be returned signed before the Contract to which they refer expires. I.2.5 The Contract may be renewed up to three times, each time for a period of one year, only before expiry of the Contract and with the express written agreement of the parties. Renewal does not imply any modification or deferment of existing obligations. ARTICLE I.3 PRICES I.3.1 I.3.2 The prices of the services shall be as listed in Annex II. Prices shall be expressed in EUR. I.3.3 Prices shall be fixed and not subject to revision for implementation during the first year of duration of the Contract. From the beginning of the second year of duration of the Contract, each price may be revised upwards or downwards each year, where such revision is requested by one of the contracting parties by registered letter no later than three months before the anniversary of the date on which it was signed. ECDC shall purchase on the basis of the prices in force on the date on which orders or specific contracts are signed. Such prices shall not be subject to revision. This revision shall be determined by the trend in the harmonised consumer price index EICP published for the first time by the Publications Office of the European Union in the Eurostat monthly bulletin at Revision shall be calculated in accordance with the following formula: where: Pr = Po = Ir Pr = Po (0,2+0,8 ) revised price; Io price in the original tender; Page 23

24 Io = index for the month in which the validity of the tender expires Ir = index for the month in which the revised prices take effect. ARTICLE I.4 IMPLEMENTATION OF THE CONTRACT I.4.1 Within five working days of an order form being sent by ECDC to the Contractor, ECDC shall receive it back, duly signed and dated. The period allowed for the execution of the tasks shall start to run on the date the Contractor signs the order form, unless a different date is indicated on the form. I.4.2 Within three working days of a request for services being sent by ECDC to the Contractor, ECDC shall receive an estimate of the resources to be allocated for its execution, with particulars in support. Within ten working days of a specific contract being sent by ECDC to the Contractor, ECDC shall receive it back, duly signed and dated. ARTICLE I.5 PAYMENT PERIODS Payments under the Contract shall be made in accordance with Article II.4. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous orders or specific contracts have not been executed as a result of default or negligence on the part of the Contractor. I.5.1 Pre-financing: not applicable I.5 Monthly payments: Requests for a monthly payment by the Contractor in accordance with the instructions laid down in Annex I shall be admissible if accompanied by: standard monthly timesheets statements of reimbursable expenses in accordance with Article II.7 the relevant invoice, indicating the reference number of the Contract and of the order or specific contract to which it refers. provided the report has been approved by ECDC. Page 24

25 ECDC shall have 30 days from receipt to approve or reject the report and to pay the monthly invoice. The Contractor shall have 5 days in which to submit additional information or a new report I.5. Payment of the balance: Not applicable ARTICLE I.6 BANK ACCOUNT Payments shall be made to the Contractor s bank account denominated in euro, identified as follows: Name of bank: [complete] Address of branch in full: [complete] Exact designation of account holder: [complete] Full account number including codes: [complete] IBAN code: [complete] ARTICLE I.7 GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract or to its implementation shall be made in writing and shall bear the Contract and order or specific contract numbers. Ordinary mail shall be deemed to have been received by ECDC on the date on which it is registered by the department responsible indicated below. Communications shall be sent to the following addresses: ECDC: ECDC Attn: Katerina Karypidou Stockholm Sweden Contractor: Page 25

26 Mr/Mrs/Ms [complete] [Function] [Company name] [Official address in full] ARTICLE I.8 APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.8.1 The Contract shall be governed by Union law, complemented, where necessary, by the national substantive law of Sweden. I.8.2 Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of Sweden. ARTICLE I.9 DATA PROTECTION Any personal data included in or relating to the Contract, including its execution, shall be processed pursuant to Regulation (EC) No 45/2001 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. It shall be processed solely for the purposes of the performance, management and follow-up of the Contract by ECDC without prejudice to possible transmission to internal audit services, to the Court of Auditors, to the Financial Irregularities Panel and/or to the European Anti-Fraud Office (OLAF) for the purposes of safeguarding the financial interests of the Union. The Contractor shall have the right of access to his personal data and the right to rectify any such data that is inaccurate or incomplete. Should the Contractor have any queries concerning the processing of his personal data, he shall address them to ECDC. The Contractor shall have right of recourse at any time to the ECDC Data Protection Supervisor. ARTICLE I.10 TERMINATION BY EITHER CONTRACTING PARTY Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving 6 (six) formal prior notice. Should ECDC terminate the Contract, the Contractor shall only be entitled to payment corresponding to the services ordered before the termination date. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the services rendered up to the date on which termination takes effect, within a period not exceeding sixty days from that date. Page 26

27 ARTICLE I.10a CONTRACT CONCLUDED DURING STANDSTILL PERIOD In case this Contract was signed by both ECDC and the Contractor before the expiry of 14 calendar days from the day after simultaneous dispatch of information about the award decisions and decisions to reject, this Contract shall be null and void. Page 27

28 II GENERAL CONDITIONS ARTICLE II. 1 PERFORMANCE OF THE CONTRACT II.1.1 The Contractor shall perform the Contract to the highest professional standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation. II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed. II.1.3 Without prejudice to Article II.3 any reference made to the Contractor s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract. II.1.4 The Contractor must ensure that any staff performing the Contract has the professional qualifications and experience required for the execution of the tasks assigned to him. II.1.5 The Contractor shall neither represent ECDC nor behave in any way that would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service. II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks assigned to him. The Contractor shall make provision for the following employment or service relationships with his staff: staff executing the tasks assigned to the Contractor may not be given orders direct by ECDC; ECDC may not under any circumstances be considered to be the staff's employer and the said staff shall undertake not to invoke in respect of ECDC any right arising from the contractual relationship between ECDC and the Contractor. II.1.7 In the event of disruption resulting from the action of a member of the Contractor's staff working on ECDC premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Page 28

29 Contractor shall replace him without delay. ECDC shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff in accordance with this Article. II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on his own initiative record it and report it to ECDC. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability. II.1.9 Should the Contractor fail to perform his obligations under the Contract in accordance with the provisions laid down therein, ECDC may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, ECDC may impose penalties or liquidated damages provided for in Article II.16. ARTICLE II. 2 LIABILITY II.2.1 ECDC shall not be liable for damage sustained by the Contractor in performance of the Contract except in the event of wilful misconduct or gross negligence on the part of ECDC. II.2.2 The Contractor shall be liable for any loss or damage caused by himself in performance of the Contract, including in the event of subcontracting under Article II.13. ECDC shall not be liable for any act or default on the part of the Contractor in performance of the Contract. II.2.3 The Contractor shall provide compensation in the event of any action, claim or proceeding brought against ECDC by a third party as a result of damage caused by the Contractor in performance of the Contract. II.2.4 In the event of any action brought by a third party against ECDC in connection with performance of the Contract, the Contractor shall assist ECDC. Expenditure incurred by the Contractor to this end may be borne by ECDC. II.2.5 The Contractor shall take out insurance against risks and damage relating to performance of the Contract if required by the relevant applicable legislation. He shall Page 29