TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER

Transcription

1 TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER Coordination and Support of the Radicalisation Awareness Network (RAN Centre of Excellence)

2 1

3 I. TECHNICAL SPECIFICATIONS INTRODUCTION This open call for tenders aims to secure the external professional expertise and technical assistance required by the European Commission (referred to as the Commission ) and primarily by its Directorate General for Home Affairs (referred to as DG HOME ) in order to support the Radicalisation Awareness Network (referred to as "RAN") and consolidate and enhance knowledge and expertise in the field of radicalisation with a view to further develop and implement prevent measures at national, European and international level. In principle, the framework contract can also be used by other services of the Commission. I.1. BACKGROUND: POLICY DEVELOPMENT AND CONTEXT The EU Counter Terrorism Strategy of 2005 sets out the guiding principles for the EU's contribution to countering terrorism. This strategy is built on 4 pillars one of which is preventing radicalisation towards terrorism. The EU Strategy for Combating Radicalisation and Recruitment ( EU Strategy on Radicalisation, adopted in 2005, and revised in 2008) lay the foundations for an enhanced involvement of civil society in tackling and countering radicalisation. While it recognised that actions against radicalisation fell primarily within the competences and responsibilities of Member States, the EU Strategy on Radicalisation stressed the importance and added value of an EU framework for Member States to coordinate their policies, share information, determine good practices and develop new ideas. The Commission was called upon to support Member States in their efforts. The Communication of the Commission to the European Parliament and the Council: "The EU Internal Security Strategy in Action: Five steps towards a more secure Europe" ("ISS"; COM [2010] 673) identified as one of its objectives the need to prevent terrorism and address radicalisation and recruitment. 1 Three actions were foreseen to address radicalisation: (1) to empower communities and enhance close cooperation with local authorities and civil society to tackle radicalisation, (2) to organise a ministerial conference and (3) to develop a handbook of actions and experiences to support Member States' efforts, from upstream prevention of radicalisation to disrupting recruitment and how to enable disengagement and rehabilitation. In 2011, the Commission established the Radicalisation Awareness Network (the RAN), an EUwide umbrella network connecting key organisations and networks of local actors involved in preventing radicalisation to terrorism and violent extremism, including first-line practitioners and field experts, such as social and health workers, teachers, civil society organisations, including victims' groups, as well as policy makers, local authorities, law enforcement, prosecutors, security officials, counter terrorism specialists, think tanks, institutes and academics. By now, the RAN is a network of stakeholders representing over 700 organisations and around 1000 participants from all 28 Member States. 1 The Commission announced a renewal of the ISS for the period ; see : 2

4 The RAN allows practitioners from different Member States and different professional backgrounds to exchange ideas, experiences and practices on how to best tackle the different aspects and forms of radicalisation to terrorism and violent extremism. RAN activities enable the different stakeholders to identify, test, assess and compare good and promising practices, review and identify lessons learned from (un)successful projects and interventions, promote crossfertilisation among practitioners both within and between different sectorial groups and to feed this expertise and experience into the policy process. 2 In 2013, the Commission organised a Ministerial Conference bringing together policy makers and practitioners engaged within the RAN leading to the adoption of a series of recommendations. 3 Built on the experience within the RAN, including the recommendations formulated at the occasion of the first HLC, the Commission adopted on 15 January 2014, a Communication on "Preventing Radicalisation to Terrorism and Violent Extremism: Strengthening the EU's Response" 4 ("Prevent Communication"). The Commission identified 10 areas where Member States and the EU could reinforce their actions to prevent radicalisation and recruitment (including for instance the recommendation to set up national prevent strategies and national networks of practitioners). At the same time, the Communication sets out how the Commission will support Member States and relevant stakeholders in their prevent efforts. Operational support measures announced by the Commission include in particular the deployment of RAN expertise to Member States for developing and implementing exit strategies and projects and the development of training programmes. For the implementation of several of the proposed measures and actions as outlined in the PREVENT Communication, the Commission intends to draw on the expertise developed within the RAN (cf. in particular references in the PREVENT Communication in sections 2.3 on support to Member States, section 2.4 on training, section 2.5 on exit strategies, section 2.6 on the development and testing of counter narratives, section 2.8 on the involvement of victims and the use of their testimonies in prevent measures, section 2.9 on targeted research). In particular, the Commission announced the establishment of an EU Knowledge Hub (called hereafter RAN Centre of Excellence) pooling, deepening and disseminating expertise in preventing radicalisation to terrorism and violent extremism. In addition to the support to the networking activities of the RAN in continuation of what the RAN Secretariat has provided in the past, the RAN Centre of Excellence will develop further the actions that the RAN Secretariat initiated and developed since the adoption of the PREVENT Communication in January 2014 (in particular train the trainer programmes, workshops on exit strategies and services to the benefit of 2 More information about the RAN can be found on the dedicated RAN website: 3 More information on the 1st HLC can be found on the dedicated RAN website and more specifically under: 4 See COM(2013) 941 final; "PREVENT Communication": 301_en.pdf. 3

5 Member States) 5 and develop entirely new activities and deliverables (in particular as regards the consolidation of knowledge and expertise in the area of radicalisation). The PREVENT Communication was accompanied by a Collection of Promising practices elaborated by the RAN. The practices are grouped around 8 approaches with explanations about the underlying methodology and aims pursued as well as lessons learnt. 6 In June 2014, the Council adopted a revised EU Strategy on preventing radicalisation and recruitment ( revised EU Strategy on Radicalisation ). 7 It sets out ways in which action at EU level adds value to national and local efforts in particular by providing a framework for cooperation and sharing good practices on the ways to effectively respond to radicalisation at local, national, European and international level. It outlines ways for Member States to deliver on the strategy building on their own experiences and on available expertise from the RAN and EU institutions and to coordinate their policies, share information and experiences regarding the efforts to deal with challenges of radicalisation and recruitment to terrorism, at a national as well as at a European level, institute best practices and cooperate in developing new ideas. The revised EU Strategy on Radicalisation recognises the importance to involve or draw on the experience of the RAN (e.g. as regards the development of awareness raising programmes and sector specific training modules for first line practitioners, the involvement of and drawing on resources and expertise within civil society and the private sector to build resilience, the exchange of best practices and experience with a view to developing exit programmes, acquiring know-how and re-integrating former terrorists, steering research to understand the phenomenon of radicalisation in an ever evolving context, ensuring coordination between inter alia academics and first line practitioners and informing future policy decisions, also in the area of exit strategies and programmes). The revised EU Strategy on Radicalisation recognises a role for the RAN Centre of Excellence as regards further research into the trends and challenges of radicalisation. On 17 June 2014, the Commission hosted the second High Level Conference "From Strategy to action" 8 with the objective of identifying the need, prerequisites and scope of concrete action in core areas such as exit programmes, counter narratives and communication. Discussions between RAN practitioners/members and Minsters and Government officials confirmed the need for sustained support and a stable framework to involve civil society and local actors as well as the private sector in prevent efforts. 5 To the extent that such information is not made publicly available on the webpage, training material developed by the previous contractor as well as background material and reports on training sessions, workshops and other deployments of RAN expertise to Member States will be made available to the new contractor as part of the hand-over (see on this also section I.4). 6 See for more information the dedicated RAN website and in particular the webpage regarding this Collection: as well as the searchable online-collection: 7 The revised EU Strategy on Radicalisation is supposed to be complemented by guidelines setting out in more detail the actions envisaged at Member State and EU level. 8 For more information on the High Level Conference, please consult the dedicated RAN website and more specifically: 4

6 I.2 Description of the RAN Centre of Excellence ("RAN Centre") I.2.1 Objectives In section 2.2 of the PREVENT Communication, the Commission announced its intention i) to foster structured dialogue, exchange of expertise and experience and the development of best practices within the RAN, ii) to make available to policymakers and other stakeholders in Member States the large body of expertise and best practice within the EU and beyond and iii) to deepen cooperation between policymakers, academia, private partners, and international forums. In this spirit, the RAN Centre pursues three main objectives: (1) to facilitate and enhance the exchange of experiences and cooperation between the relevant stakeholders (inside and outside the EU), in particular through the RAN (cf. in particular TASKS 2 and 3); (2) to support the EU and the relevant stakeholders in Member States (under certain conditions also stakeholders from third countries) in their prevent efforts through different support services, practical tools and policy contributions (cf. in particular TASKS 4 and 5) and (3) to consolidate, disseminate and share expertise, best practices and targeted research in the field of preventing radicalisation (cf. in particular TASKS 6 to 9). The RAN Centre's services are designed to primarily support the RAN, build on the activities of the RAN and develop the RAN expertise further. In providing the necessary support to the RAN, the contractor needs to take due account of purpose and scope of the RAN. In addition to the objectives of the RAN as briefly summarised in the background information above, it is important to recall that the focus of the activities within the RAN is to discuss the phenomenon of radicalisation to terrorism and violent extremism 9 in all its forms and presentations. While there is a need to tackle the root causes and while recognising that tackling radicalisation is a complex process and requires multi-sectorial and multi-faceted answers, the focus of the RAN is not on addressing extremist ideas or violent behaviour as such. Radical ideas do not necessarily lead to acts of terrorism and not all extremist or otherwise violent behaviour constitute or lead necessarily to an act of terrorism. In this sense, tackling behaviour such as hate speech, hate crimes, vandalism, political protests or hooliganism is not at the primary focus of RAN's activities. In its activities designed to consolidate knowledge and expertise, to develop operational tools and to provide input stimulating the debate and guiding policy decisions, the contractor is tasked to build on the RAN expertise and to develop and support it further. The contractor thus needs to 9 Radicalisation is understood for the purposes of the tender for the RAN Centre as the phenomenon of people embracing opinions, views and ideas which could lead to acts of terrorism as defined in the Framework Decision on terrorism (Framework Decision 2002/475/JHA on combating terrorism as amended by Framework Decision 2008/919/JHA; cf. consolidated version under: ). 5

7 make sure that the RAN is involved in and asked to provide input to the RAN Centre's activities (as outlined in more detail in the TASKS below). In a similar vein, research related activities as well as other support services of a more substantive nature (in particular those mentioned under TASKS 5 and 6) are not an aim in itself but meant to serve the needs of the RAN as well as EU institutions (and in particular the Commission). I.2.2 Rules governing the performance of the services by the RAN Centre The services to be provided by the RAN Centre are determined by the Commission in general terms in the framework contract and will be laid down in more specific terms in the specific contracts based on annual work programmes approved by the Commission. The Commission will monitor and validate the activities of the RAN Centre and the RAN and give political recognition and guidance according to the terms and conditions of the framework contract. Notwithstanding final approval by the Commission, the Steering Committee (SC) will provide strategic guidance of the RAN Centre's work (see also under TASK 7 concerning the role and organisation of meetings of the SC), and more specifically: - provide strategic orientations, set priorities for the work of the RAN Centre/contractor and steer discussions in relation to a number of tasks; e.g. in relation to the AAP and APR under TASK 1, the deployment of RAN expertise under TASK 4; research related activities under TASK 5, in relation to proposals for working relationships with other/international bodies and networks as described under TASK 7, in relation to the organization of the HLC under TASK 8 and in relation to the proposal for the development of the dedicated RAN Centre website under TASK 9; - validate peer evaluations in particular as regards TASK 2.3 and the inclusion of new practices into the RAN Collection and - give its views on working arrangements, such as the proposals for a new Charter and new Rules of Procedure. The SC will consist of representatives of the contractor, "RAN WG leaders" and the Commission (having the Chair); the Commission may nominate other members. WG leaders have an important role to play in the determination, implementation and review of the RAN Centre's activities. The RAN Centre/contractor need to associate them closely in its work ensuring that the RAN Centre's output satisfies the relevant quality requirements (see section I.3). The key guiding principles for the work of the RAN Centre (including the respect of fundamental rights and the rule of law) and more specifically the RAN as well as objectives, activities, structure and composition of the SC are laid down in the Charter of the RAN Centre (the existing Charter will be updated by the Commission after consultation of the SC once the new framework contract is awarded). More detailed rules are laid down in the Rules of procedure of the RAN Centre (the existing Rules of procedure will be updated and completed by the SC after the award of the new framework contract and approved by the Commission). 10 These rules will govern inter alia issues related to the RAN membership, organisational issues (including the 10 To consult the current Charter and Rules of Procedures, please see and 6

8 establishment of working groups, the appointment of working group leaders, etc.) and the relationship with the European Commission (in particular mechanisms for guidance, supervision and monitoring of the RAN Centre's activities, e.g. through annual activity plans, progress reports but also ad hoc authorisations). These Rules of Procedure complete but do not modify the terms and conditions of the framework contract. I.3 Purpose of the framework contract and services and deliverables to be provided by the contractor According the terms and conditions of the specifications and their annexes (including the draft framework contract model), the contractor has to provide a stable, focused, high quality standard and effective assistance and policy support to the European Commission's services in its actions in the field of prevent work, in particular to support the activities of the RAN, to further enhance knowledge and RAN expertise and to develop concrete conclusions and solutions to support Member States in their efforts and to feed into the policy process. More specifically, the contractor needs to deliver state of the art, high quality issue and policy papers, presentations, speeches or other documents and media communications (as further identified under the relevant TASKS). For that purpose, the different deliverables have to be reviewed and quality checked by the contractor also ensuring that a plurality of opinions, different strands in thinking and policy approaches are adequately represented. The specific services and deliverables to be provided by the contractor in relation to the tasks as described below will be laid down in detail by specific contracts under the framework contract. Each specific contract will cover a given period of time (typically 12 months). The specific contract is typically but not exclusively concluded based on an annual activity plan to be submitted by the contractor and accepted by the Commission. Further details on expected tasks/services are provided in Annex 3 (template for the pricing of individual tasks/service). TASK 1: Prepare Activity plans and progress reports implementing and reporting on the RAN Center's activities: In order to implement the Tasks 2 9, the contractor proposes concrete activities and actions and reports on their delivery in activity plans and progress reports, respectively, allowing the Commission to monitor compliance with the tasks and to appraise the achievements as well as the effective use of the available resources in pursuit of the declared objectives. These plans and reports will provide i) descriptive, statistical and financial information as well as ii) explanations on how the envisaged activities are supposed to contribute or actually contributed, more generally, to the objectives set out in the FC and the relevant specific contracts and, more specifically, to the policy orientations and priorities determined by the Commission. affairs/what-we-do/networks/radicalisation_awareness_network/docs/ran_rules_of_procedures_en.pdf, respectively. These rules will be subject to modifications, in particular to reflect the additional tasks of the RAN Centre. 7

9 The relevant plans and reports shall be prepared by the contractor and, as regards RAN related activities, in coordination and cooperation with the WG leaders. The annual activity plans and progress reports shall be submitted to the SC prior to acceptance by the Commission. The Commission will ensure that the contractor will have all relevant background material allowing for a smooth hand-over of the activities. This material includes the most recent such reports which provide some guidance as to structure and content of the reports. TASK 1.1: The contractor will prepare annual activity plans (n+1) (AAP). The draft AAP will be submitted to the Commission 2 months, and a final AAP 1 month, before the termination of the relevant specific contract. Taking into account the policy orientations and priorities determined by the Commission, the AAP shall include the concrete activities foreseen under each of the tasks as defined in the framework contract indicating the number, type and scale/scope of meetings and other events, research and policy papers and other tools or documentation. It shall include information on the costs of the envisaged activities under each relevant task broken further down by e.g. cost of travel, accommodation, facilities (e.g. renting meeting rooms, interpretation), documents (e.g. type and number of documents to be produced and translated if necessary), lunches, promotion events, etc., within the respect of the prices of the grid attached to the framework contract (being the financial proposal of the tender). For the elaboration of the first AAP and the offer for the first specific contract, the Commission will provide the contractor with the necessary guidance and background material in the context of the kick-off meeting (see also below under section I.4 below). TASK 1.2: The contractor will report on the progress on the planned activities as set out in the AAP in annual progress reports (APR). Similar to the AAP, the APR shall contain information on the costs of the activities allowing the Commission to appraise the costs for delivering on each task and activity within each task (see for details above under TASK 1.1). The draft APR will be submitted to the Commission 1 month after the termination of the respective specific contract period and is subject to acceptance by the Commission. It shall describe activities and achievements in relation to all relevant tasks and envisaged services and deliverables as set out in the AAP (see also TASK 1.1). The report shall also include a critical evaluation of existing working arrangements and possible suggestions for organisational/structural changes, improvements or additional actions (to be incorporated into the n+1 AAP). As regards RAN-related activities, such an evaluation needs to take due account of the conclusions of the RAN Plenary. TASK 1.3: The contractor shall produce quarterly progress reports ("QPR") within 15 days after the end of each quarter. It shall follow the same structure as the APR and contain the same kind of information (see Task Task 1.2). As regards statistical and financial information, each such report must include the cumulative information on past activities since the start of the specific contract as well as the forecast of the activities planned for the next period(s). Bills and receipts for the relevant costs/activities will be joined as Annexes to the quarterly progress reports. Descriptive information and evaluations can be limited to the relevant reporting period. Reporting is a continuous activity helping the Contractor and the Commission to better assess the outcomes, 8

10 the fulfilment of the objectives/needs, used and remaining financial resources and to decide on further development of the RAN/RAN Centre actions. Task 2: Provide the RAN with support for its substantive activities and the development of best practices: Activities within the RAN shall draw on new ideas and developments in the field of preventing radicalisation to terrorism and violent extremism and, in turn, inspire and stimulate debates on the trends and ways of countering radicalisation in different sectorial and thematic fields, with the view of enhancing further cooperation among practitioners, facilitate the exchange and identification of good practices and develop concrete conclusions and deliverables (cf. above in particular objective 1 of the RAN Centre). The contractor will create the conditions for RAN to fulfil these objectives by carrying out the following tasks: TASK 2.1: The contractor will provide support to the discussions, findings and conclusions reached in the RAN activities in different ways, such as e.g. ex ante papers to frame the discussions, ex post evaluations of the conclusions reached at the RAN meetings/events or proposals for follow up on the findings resulting from the RAN meetings/events. The substantive input is normally limited to papers in the range of 2 5 pages 11. Such papers are to be distinguished from documents to be prepared under TASK 3.3 in that they go beyond the concrete discussions at a particular RAN event by e.g. drawing lessons also from conclusions or experiences in other Working Groups or events. Such support will be provided in close collaboration and coordination with the WG Leaders. The costs incurred by the WG leaders for these activities are included in the so-called "allowances for WG related activities", shall be included in the overall planning and reported in the quarterly progress reports. Irrespective of the number of WG Leaders per WG, the overall allowance will stay the same. TASK 2.2: The contractor will prepare regular (6 times per year and on average every two months) RAN Up-dates summarising the activities in various working groups (see also TASK 9 on the preparation of content for publication on the dedicated website). Such up-dates are in the range of 4-5 pages. 12 TASK 2.3: With the objective of providing support for the further development of the collection of best/promising practices, the contractor will up-date information about and review experiences with existing practices and approaches. TASK 2.3.1: The contract shall gather information, based on submissions from the WG leaders, on new practices or approaches identified and discussed within the RAN, to be included into the Throughout the tender specifications, 1 page is understood as containing characters (without spaces). For examples of RAN up-dates see the dedicated RAN website and more specifically: 9

11 RAN Collection 13. It is for the contractor to present these new practices or approaches in a specific template containing information required for the online publication as well as for the appraisal by the SC and ultimately the Commission of the proposal for inclusion of new practices into the RAN Collection. Subject to further guidance by the Commission, information shall include the name of the practice and the country, details on the organisation (including ownership and financing), its address and contact person and website reference. Further information needs to be provided to identify the approach under which the practice should be mentioned as well as the target audience. Where the practice in question led to concrete deliverables (such as handbooks, training modules, videos, etc.) these should be referenced as well. The presentation of the new practice and the proposal for the inclusion into the RAN Collection shall also contain a brief explanation of the relevance of the proposed practices for tackling radicalisation (as defined for the purposes of the contract 14 ), the link to a given approach, the track record of the practices, information about transferability of the specific practices and information about the conclusions of the peer review (i.e. discussion within a given working group). Up-dates will be prepared approx. 2 4 times per year, depending on the number of potentially new practices, and be submitted to the SC the Commission for approval. The contractor shall then amend the RAN Collection where necessary and prepare the fiches/information to be included into the searchable data base (see also TASK 9 on the preparation of content for publication on the dedicated website). TASK 2.3.2: The contractor shall evaluate and, where appropriate, update the lessons learnt and revise the approaches (including the appropriateness of the current distinction between eight approaches), taking into account the experience within the RAN as well as other relevant research in measuring the effectiveness of counter radicalisation measures. Such an evaluation shall be carried out at least once per year. A draft evaluation should be discussed with WG Leaders and be submitted to the SC and the Commission for approval. The contractor shall then amend the RAN Collection where necessary (see also TASK 9 on the preparation of content for publication on the dedicated website). TASK 3: Provide administrative, logistic and technical support to the RAN activities: With the aim of facilitating and supporting cooperation (networking, communication and exchanges) between RAN practitioners (cf. above objective 1 of the RAN Centre), the contractor will provide administrative, logistic and technical services in relation to the planning, preparation, organisation and follow-up of RAN activities over the duration of the framework contract. The RAN activities comprise in particular: 'RAN Plenary' meetings 13 For more information on the RAN Collection, see above under background information and more specifically the references in Footnote See on this, explanations above footnote 9. 10

12 Subject to the specific rules laid down in the Charter/Rules of Procedure, the main purpose of RAN Plenary meetings is to allow RAN members and participants to meet and discuss the main achievements, challenges ahead and scope for further action or need for changes in the RAN work. There will be one RAN Plenary meeting per year with approx. 150 participants lasting for max. 2 days; location: Brussels/Belgium. Working group (WG) meetings and study visits Subject to the specific rules laid down in the Charter/Rules of Procedure, the purpose of the Working Group (WG) meetings is to focus on particular topics, map and select the relevant participating experts (ensuring the widest possible coverage in terms of MSs and professional background) and select a WG leader, allow for an exchange of practices and the development of approaches and lessons learnt transferable to other contexts. There are currently eight WG's but the number may be, in accordance with the Charter/Rules of Procedure, modified (reduced or increased up to 10 WGs) depending on the needs and interests of RAN. Each WG meets approx. four times per year, attended by approx. 35 RAN participants/members and lasting up to 2 days. The location of the WG meetings is to be decided by the contractor taking into account the content and focus of the relevant activity as well as an overall geographical balance of the RAN activities. Study visits serve the purpose to allow RAN participants to visit a particular country to get acquainted with a particular promising practice or approach. Study visits are estimated in the range of 5 per year (globally), with approx. 20 RAN participants/members and lasting up to 2 days. The support to be provided by the contractor in relation to these meetings and events shall comprise the following: TASK 3.1: The contractor will establish and up-date (on a two-monthly basis) a calendar of forthcoming RAN activities, as set out in the AAP or decided subsequently. Up-dates must normally be established 2 months in advance of any given event (as regards the subsequent publication of the agenda on the dedicated EU website, see TASK 9). To the extent that the announced forthcoming event have not been foreseen in the approved AAP, such modification need to be approved by the Commission as it may impact the budget consumption or the achievement of envisaged objectives. In any case, the expenses linked to the performed activities may not exceed the value of the specific contract. TASK 3.2: In relation to the different RAN meetings and events, the contractor will organise meeting room facilities, technical equipment, including interpretation where necessary and justified, catering, travel and accommodation of participants. When available, the Commission will facilitate access to meeting room facilities and technical equipment so that no extra costs would be incurred within the contract. TASK 3.3: The contractor will in coordination and collaboration with RAN WG Leaders - prepare agendas, speeches, presentations, working papers for the different RAN meetings and activities. 11

13 The relevant documents shall be drawn up and made available to all participants in advance of a given meeting or event (normally not later than 10 working days before the event) via electronic means (see also TASK 9 for the use of SINAPSE). After the meetings or events, the contractor will prepare the minutes and conclusions, drafts of which are to be distributed via electronic means to the participants and the Commission within 5 working days, final versions of the minutes and conclusions shall be distributed via electronic means normally within 15 working days after the event (for any further follow up or more indepth evaluations of the findings and conclusions of these meetings, see TASK 2.1 above). TASK 3.4: The contractor will coordinate and support the RAN working groups in particular through regular contacts with Working Group Leaders (WG Leaders). Each working group will be led by one or more WG Leaders. WG Leaders will be newly appointed after the conclusion of the framework contract, in accordance with the adoption of the revised Charter and Rules of Procedures of the RAN Centre. The current WG Leaders will remain in place until then. 15 The WG Leader is expected to steer, animate and organise the work of a working group including e.g. preparing and reporting on a work plan (including the preparation for the AAP, the APR and the QPR), the identification of good practices/lesson learnt, the selection of participants and acquisition of new members, etc. The WG leader needs to ensure the broadest possible representativeness of WG participants (in terms of MS coverage and professional background) and broadest possible participation taking into account the objectives of the discussions and needs of interested participants. The contractor shall coordinate and liaise on regular basis (at least once per month), with WG leaders to steer the work within the WG's (as described above), ensure coherence with activities of other WG's as well as the RAN Centre in general (including the respect of the quality requirements as set out above in section I.3) and identify scope for further action and initiatives (including e.g. the organisation of meetings involving members of different WG's, the establishment of task forces on cross cutting aspects). The costs incurred by the WG leaders for these activities are included in the so-called "allowances for WG related activities" and shall be included in the overall planning (for the need to specify such activities in the activity plans and progress reports, see TASK 1). A flat rate of 400 / month will be allocated to each WG to cover the expenses to lead the WG activities. In case of co-leading of a WG, this lump sum has to be shared between the appointed WG leaders. TASK 4: Provide Member States (and - when justified - third countries) with RAN expertise, counselling and training: 15 Information on the current WG Leaders can be found on the dedicated RAN website and more specifically: 12

14 With the aim of providing policy makers and stakeholders in EU Member States with expertise and knowhow in their prevent work, the contractor shall make the RAN Centre s and RAN practitioners' expertise available to Member States at their request, and for that purpose develop counselling and training services and tools (cf. above objective 2 of the RAN Centre, as well as in particular sections 2.3, 2.4 and 2.5 of the PREVENT Communication). The RAN Centre may also be asked to offer its services to key priority third countries. These services provided to Member States are to be distinguished from other RAN activities (as described under TASK 3) in that their objective is not so much to allow for an exchange of experiences between stakeholders with a view to develop lessons learnt, but rather to provide Member States with concrete operational support in relation to specific topics. They should support Member States in their efforts to implement measures as outlined in the Commission's PREVENT Communication. The support services can be offered to different Member States on topics of common interest (e.g. exit strategies, communication and countering terrorist propaganda, the role of education in prevent efforts) or to one single Member State, and where appropriate to third countries. Services to individual countries can take different forms, e.g. analysing the needs of a particular Member State in terms of expert advice, advice about how to implement specific practices or recommendations, or in the form of support in how to design strategies in a particular area or how to set up prevent networks and structures. TASK 4.1: Services offered to Member States Depending on the needs and wishes expressed by Member States, the contractor will provide notably the following services: - An average of 5 training programmes with about 25 participants and for a duration of approx. 2 days per year; - An average of 5 workshops on specific issues with about. 25 participants and for a duration of approx. 2 days per year. - Counselling services to individual Member States (about 10 per year). Based on the expression of interest by Member States, in line with orientations agreed by the SC and in coordination and collaboration with WG leaders, the contractor will prepare proposals for such tailored activities for the Commission's approval. Such proposals shall normally be included in the AAP (cf. TASK 1 above). The contractor is responsible for providing both logistical and substantive support to these events (for the scope of such support, please refer to in particular TASK 3.2 and 3.3). The contractor will develop training programmes and modules and other tools in coordination and collaboration with WG leaders and taking into account other existing and available training programmes and materials so as to avoid unnecessary duplication. Depending on the needs of participants, relevant background material needs to be translated. 13

15 In developing and offering such services, the contractor should draw to the extent possible on its own expertise. Where justified, such services can draw on subcontracting services (for example from within the RAN), subject to prior written approval by the Commission (in line with the terms and conditions of the framework contract model). Services offered by external experts are estimated in the range of 120 working days per year. Further details for the procedure for developing tailored support services will be laid down in the modified Charter/Rules of Procedure. TASK 4.2: In certain circumstances and subject to funding being available, the contractor may be tasked by the Commission to offer its expertise and counselling to the benefit of key priority third countries. Such deployment of expertise can be envisaged for instance in support of regional authorities in a given third country to create the institutional structures and framework for effective prevent work and to establish platforms or networks similar to the RAN. The Commission will determine and communicate to the contractor the terms of such deployment as well as the countries are considered "key priority third countries ". Such deployments will be in the range of 40 working days per year. TASK 4.3: The contractor will establish a list of "radicalisation experts" for approval by the Commission from which experts can be selected for specific tasks (mainly those mentioned under TASK 4.1 and 4.2) and eventually subcontracting services. This list shall detail the name of the experts as well as their organisation (if not self-employed), the specific fields of expertise covered and a brief reference to his or her track record. This list shall be up-dated regularly (at least once per year) and will be approved by the Commission prior any related subcontracting services. TASK 5: Consolidate know how and expertise to the benefit of prevent work and policy: With the objective of feeding and translating RAN expertise into the broader policy debate and policy recommendations (cf. in particular objective 2 of the RAN Centre as identified above), the contractor will prepare issues papers, policy briefings, working papers, oral presentations, etc. on selected topics. Such papers and presentations shall consist of: An average of 4 policy/working papers (10 20 pages) per year to be delivered within 3 months; An average of 15 issue papers (5-10 pages) per year to be delivered on short notice (within 2 weeks). The topics of issues papers and policy recommendations will be determined by the Commission taking into account orientations determined by the SC. The contractor will submit proposals in cooperation and collaboration with WG Leaders. The contractor shall ensure that its proposed team has the required expertise to fulfil this task. Depending on the use the Commission wants to make of such documents and papers, a decision will be taken as to their dissemination (for publication on the webpage cf. TASK 9). TASK 6: Research-related activities: 14

16 The RAN Centre does not have as its main objective to carry out primary research. With the objective of enhancing expertise (cf. objective 3 of the RAN Centre as identified above, as well as in particular section 2.9 of the PREVENT Communication), the RAN Centre is called to feed topical research into the activities of the RAN and the EU prevent policy, steer further targeted research activities, identifying possible synergies between different research projects and strands, or conversely identify knowledge gaps. Research should not be an aim in itself but should be carried out with the purpose of serving the needs of the RAN as well as those of the Commission. With this in mind, the contractor shall carry out the following tasks: TASK 6.1: Collect information on current research, thinking and trends relevant for prevent work. For that purpose, the contractor will draw up a report compiling inter alia the relevant research organisations, research projects and main findings and their relevance for the different aspects of prevent policy (such as the different initiatives and recommendations as laid down in the PREVENT Communication or the recently revised EU Strategy on radicalisation and recruitment). Such a report should be in the range of 50 pages and produced/up-dated once per year. Depending on the use the Commission wants to make of such a report, a decision will be taken as to its dissemination (for publication on the webpage cf. TASK 9). TASK 6.2.: Upon request and based on the findings under TASK 6.1, provide the Commission with gap analyses and submit suggestions for targeted additional research. This will take a form of a report, submitted to the Commission by the end of June every year. The report will identify themes and subjects, which require further research. This will feed into the discussion and development of research programmes (such as e.g. Horizon 2020). Depending on the use the Commission wants to make of such a report, a decision will be taken as to its dissemination (for publication on the webpage cf. TASK 9). TASK 6.3: Organise one workshop or seminar per year between academics, practitioners and policy makers to discuss research results and their possible use for prevent work of the RAN and to determine research needs and future research projects taking into account the relevance for the activities of the RAN and the EU s Prevent policy. It should in particular strive to incorporate findings of EU funded projects 16. Such workshops/seminar should be designed for about 100 participants over two days. The task will comprise logistic and substantive support (for the scope of these activities see in particular TASK 3.2 and 3.3). Task 7: Establish links and working relationships with relevant expert groups and networks, centres of excellence in Europe and beyond : With the triple aim of reinforcing the activities of the RAN, supporting the EU's prevent policy (including both its internal and external aspects) as well as consolidating expertise (cf. objectives 1, 2 and 3 of the RAN Centre as defined above), the RAN Centre may be asked to establish 16 "EU funded projects" would include those managed by DG HOME under ISF Police (in direct or shared management) as well as funds managed by other Directorates (see in this regard the funding possibilities set out in particular in section 2.9 of the PREVENT Communication) 15

17 links/working relationships with international organisations and entities, with which the EU cooperates in the field of preventing radicalisation, as well as other centres of excellence, networks or forums of experts. Such links and relationships shall enhance synergies and avoid duplication. The effective establishment of such links and working relationships is subject to prior authorisation by the Commission. TASK 7.1: The contractor shall map the relevant bodies and gather information about their activities (such as conferences, research projects etc.). The contractor shall submit proposals on bodies in Europe and -when justified- third countries with which links and working relationships could be mutually beneficial (e.g. in terms of research see on this TASK 6 above). Such proposals should be submitted after consultation with WG leaders and discussion within the SC. For that purpose, the contractor shall present the result of the mapping exercise and information gathering as well as the proposal for links and working relationships in a concept paper (about 20 pages) to be distributed to the SC. TASK 7.2: To the extent links and working relationships have been approved by the Commission, the contractor will maintain contact and exchange information. TASK 7.3: In certain cases, members of the RAN Centre and/or the RAN can participate at events organised by these bodies. The purpose of participating at such events is primarily to inform about the RAN Centre s activities and disseminate RAN experience while not excluding attendance at events with the purpose of gaining valuable experience directly relevant for the current work within the RAN Centre. Exceptionally, these meetings can take place outside the EU/EEA. Such attendance must be suggested by the Commission or proposed by WG leaders in which case it will require prior written authorisation by the Commission (Director General of DG HOME). Such events will be limited to three events per year. The contractor prepares the attendance of meetings, arranging for travel and accommodation, prepare speeches and presentations and prepare reports on the meetings. Attendance by representatives of international organisation and forums at meetings at the contractor's or the Commission's premises will not be covered. TASK 8: Provide communication, media and organisational assistance to the Commission: The contractor shall assist the Commission in the organisation of activities related to the functioning of the RAN Centre and other events on preventing radicalisation. The contractor will be provide the necessary logistical and conceptual support in particular in relation to the meetings of the Steering Committee, High Level Conferences (HLC) and other events of cross cutting nature (for the scope of these activities see in particular TASKS 3.2 and 3.3 above; for a different scope of services to be provided by the contractor as regards the HLC please see below). TASK 8.1: Organisation of the meetings of the 'Steering Committee' (SC) Subject to the more specific rules to be laid down in the Rules of Procedure, the main purpose of the SC meeting is to discuss and where appropriate vote on strategic issues such as overall orientation and priorities of the work (including inter alia the deployment of RAN expertise, 16

18 establishment of links with international organisations and up-dates on the collection of best practices) as well as organisational aspects related to the RAN Centre and the RAN activities. There will be at least two and max. four SC meetings a year with about 25 participants lasting one day; location: Brussels/Belgium. TASK 8.2: Organisation of High Level Conferences (HLC) Subject to further guidance by the Commission, the purpose of such HLC is to bring together practitioners and Ministers or high ranking Government officials to ensure feedback by practitioners to the policy level (e.g. in terms of experiences and lessons learnt, highlighting needs for intervention and support) as well as feedback by the policy level to practitioners (e.g. in terms of political priorities and available (support) mechanisms). There will be one HLC max per year. Such HLC may have up to approx. 200 participants, lasting one day; location: Brussels (Belgium). The contractor's task is to take care of only part of the normal logistical support as described above (i.e. only travel and accommodation arrangements) but full substantive support (as set out above). While the remaining logistical support will be provided by a third party, the contractor is tasked to ensure coordination of the organisation of the event (including logistics). Subject to general guidance provided by the Commission, this includes liaison with the third party on the different logistical aspects (such as selection of the meeting room facilities, decoration, lunch/dinner arrangements etc.) and eventually the proposal of a complete solution to the Commission. Liaison with the third party should start in due time before the event (approx. 5 months before the date of the event). As regards the substantive support to the HLC, the contractor will follow guidance provided by the Commission, also taking into account the orientations given by the SC. TASK 8.3: Organisation of cross cutting/thematic events The scope and scale of these events will be determined by the Commission on its own initiative or after proposal by the contractor (in that case in coordination and collaboration with the WG Leaders); in both cases after consultation of the SC. These events should be ideally proposed in the AAP. There will be max. two such events per year with about 100 participants for one day; location within the EU to be determined. TASK 8.4: Development of communication and outreach products The contractor may be asked to develop audio-visual content related to the RAN Centre's activities. Such content may consist of video clips, interviews, and other multimedia products e.g. related to major events organised by the RAN Centre (such as the HLC) or related to the activities of RAN working groups. 17

19 More generally, the contractor is asked to submit a concept paper on the development of communication and outreach products and strategies (max. 5 pages), ideally as part of the AAP. Note that the contractor will have to respect the principles set out in section II. Further and explicit details will be given to the awarded contractor at the kick off meeting after signature of the framework contract. TASK 8.5: The contractor will establish and regularly up-date (at least on a two-monthly basis or 6 times per year) a calendar of the RAN Centre s events complementing the calendar of events for RAN activities (cf. TASK 3.1 above); for publication on the website see TASK 9. TASK 9: Support to the EU website dedicated to the activities of the RAN Center and the RAN Center s e-community: To support and bring added value to the activities of the RAN Centre and its participants, the contractor shall contribute to the EU website dedicated to the RAN Centre s activities, including in particular those of the RAN 17, and stimulate the RAN Centre s e-community. The RAN Centre s website will be hosted and managed by the Commission on DG HOME's Europa Portal. This implies that the overall look and navigation structure would need to be followed. 18 The contractor is tasked to prepare all content related to the RAN Centre s activities and which are to be published on that website. The contractor may also be tasked to upload content in the event that significant amounts of new material need to be published on the website within a short period of time. In that case, a security convention will need to be obtained. The website shall contain sections related to the activities of the RAN (cf. in particular TASK 2 and 3) as well as other sections related to the additional tasks of the RAN Centre (cf. in particular TASKS 4 to 8). The website shall contain at least the following elements: RAN collection of good practices (as established in accordance with TASK 2.3): This collection consists of individual practices as well as lessons learnt, aims and methodology and approaches. The individual practices should be searchable, at least by theme/approach, location and institution/organisation. Searchable content shall include contact details. 19 The collection is made available in EN, FR and DE. Calendar of events: the focus of advertised events should be on activities and events organised by the RAN Centre (see in particular TASKS 3.1, 4, 6 and 8). Other events such as European and international conferences, seminars, workshops (in particular where working relationships have been established; cf. TASK 6) should be included where they have a direct link or relevance to the RAN Centre s activities. 17 Information about the structure and content of the current website dedicated to RAN activities can be found under: 18

20 Archive/Mediatheque with downloadable content related to or the result of the activities of the RAN Centre, including pertinent policy documents and strategies (at local, national, European and international level), papers (in particular those related to conceptual and research activities of the RAN Centre as detailed under TASK 5 and 6), presentations, articles, speeches, etc. and, where available and appropriate, training material and other audio-visual content (in particular those developed under TASK 4.1 or TASK 8.4). In exercising this task the Contractor should take into account the existing and relevant online resource centres. News section/press corner with RAN updates (cf. TASK 2.2) as well as other relevant material such as press articles focussing on those involving the RAN or RAN members or participants or those directly relevant for the activities of the RAN Centre. "RAN Centre Vademecum" compiling all relevant documents governing the activities of the RAN Centre (such as in particular the Charter and Rules of Procedure, but also other documents clarifying working arrangements or FAQ-fiches). This Vademecum is to be made available in EN, FR and DE. The RAN Centre s e-community: RAN participants shall be able to identify potential project partners and communicate in an online environment via topical forums. Similarly, participants to the activities of the RAN Centre (e.g. those participating in trainings or workshops as mentioned under TASK 4, representatives from other expert groups, networks or centers of excellence with which the RAN Centre has established working relationships in line with TASK 7 or participants of other events of the RAN Centre as described under TASK 8) shall be able to access the relevant background material and be able to communicate in an online environment via topical forums. For that purpose, the Commission will provide a collaborative platform (SINAPSE or any similar platform). 20 Based on the above, the contractor has the following tasks: TASK 9.1: The contractor will submit proposals on the further development of the content and presentation of the website so as to adequately reflect all activities/tasks of the RAN Centre (including at least the requested minimum elements of the website as listed above). This shall also include proposals for the development of further tools necessary to support and publicise the activities of the RAN Centre (in particular, search tools for data bases and audio-visual content for the mediatheque and the press corner, but may also include the presence on social media), to the extent possible taking into account views of actual/potential users and in particular those participating in the RAN activities. The proposals shall take into account to what extent relevant information and material is made publicly available by other organisations, centres of excellence and think tanks so as to avoid unnecessary duplication. The proposal shall take the form of a concept paper (5 10 pages). 18 The Commission is currently preparing a digital transformation which may entail changes such as the use of platforms, which may need to be taken into account by the contractor. 19 See above for explanations and cross references for the RAN Collection. 20 SINAPSE is a platform that allows for both public and registered access. Further information on its functionalities can be found at Further explanatory documentation on SINAPSE is attached to this call for tender. 19

21 Proposals should be submitted, in coordination and collaboration/consultation of WG Leaders (to the extent RAN activities are concerned), for discussion in the SC and final approval by the Commission. TASK 9.2: The contractor will elaborate and regularly up-date content to be up-loaded by the Commission on the website (such as RAN up-dates, including information about working group meetings, other events and the collection of best practices). The frequency of such up-dates as well as translation requirements are determined under the relevant tasks above (cf. in particular TASKS 2.1, for up-dates of RAN activities and the RAN Collection, TASKS 5 and 6 for "issues" and "research papers"). TASK 9.3: The contractor will maintain the RAN Centre s e-community (collaborative platform: SINAPSE or any similar platform) which implies both content and user management. For that purpose, the contractor will submit proposals on the content to be shared, membership and user rules, etc. The contractor will also submit a proposal on possible improvements of the structure to organize the content and ways to animate the e-community. Proposals should be submitted, after consultation with WG Leaders (as regards RAN related activities) and to the extent possible other e-community users, for discussion in the SC and final approval by the Commission. I.4 Administrative information I.4.1 Meetings Regular meetings in Brussels between the contractor and the Commission should be foreseen in the course of the contract. Specific details are mentioned under the description of the tasks. In addition, a kick-off meeting will take place in Brussels, at the latest 15 days following the signature of the framework contract, in order to settle all the details of the tasks to be undertaken Transition period and take-over period. During the kick-off meeting, the Commission will provide the contractor with all the necessary information to further take-over the tasks and services. This includes material produced under the terms of the previous framework contract governing the RAN activities. The Commission will provide the contractor the necessary assistance to ensure a smooth take-over of the activities. The Commission may delegate the hand-over to a third party. The details of the transitional arrangements will be discussed at the kick off meeting. Further hand-over sessions may be organised if need be between the contractor and the Commission. The contactor shall complete the take-over of the tasks and services at the latest 3 months after the signature of the framework contract. I.4.3 Duration of the framework contract The duration of the framework contract shall not exceed 48 months. Typically, a specific contract will be signed for a 12 months period. 20

22 I.4.5 Place of performance The tasks will be performed on the Contractor s premises and in any location necessary to deliver the services. The RAN Centre shall be established in one of the EU Member States. Meetings between the contractor and the Commission may be organised in the Commission premises in Brussels with a 24 hour prior notice. I.4.6 Estimate of the amount of work involved The total value of the framework contract has been estimated at EUR 25 million for the duration of 4 years, all costs included. To be noted: it is expected that reimbursements of expenses (travel, accommodation,etc ) represent about 50% of this ceiling value. The budget is indicated in line with the principle of sound financial management, and the principles of economy and value for money shall prevail. I.4.7 Nature of the contract The model framework contract applicable in this instance is reproduced in Annex 4; the tenderer hereby declares that he accepts this model contract, which he will be obliged to take into account when preparing his bid. The tenderers attention is drawn to the fact that the framework contract does not constitute an order in itself but merely seeks to lay down the legal, financial, technical and administrative provisions governing the relations between the contracting parties during the period of validity of the contract. Orders may be placed solely on the basis of specific contracts in accordance with the provisions of Annex III of the Framework Contract. Signature of the framework contract does not commit the Commission to placing orders and does not give the contractor any exclusive rights to the services covered by the framework contracts. In any case, the Commission reserves the right, at any time during the framework contract, to cease placing orders without the contractor thereby having the right to any compensation. Orders for work The services which may be requested will, as and when the need for them arises, be the subject of a written request from the Commission for which the contractor will be required to submit a detailed quote to be drawn up on the basis of the price grid attached to the framework contract. On the basis of the bid submitted by the contractor, a specific contract, signed by a person authorised to act on behalf of the Commission will be formally concluded Ordering procedure : The Commission will send request of services to the contractor by defining a pre-determinated volume of tasks/services listed in the framework contract (see Annex 3A for the draft pricing list to be completed by the tenderer if needed, in accordance with its proposed service proposal for the framework contract) Within 10 working days of a request for services being sent by the Commission to the Contractor, the Commission shall receive an estimate of the resources to be allocated for its execution, with particulars in support. 21

23 Within 10 working days of a specific contract being sent by the Commission to the Contractor, the Commission shall receive it back, duly signed and dated. Typically, it is expected to sign a specific contract for a period of 12 months (the framework contract will have a 48 months duration. The execution of the tasks begins after the date on which each Specific Contract enters into force. N.B. The financial evaluation forms in Annex 3B will be used by the Commission to assess the service proposal for the framework contract and it does not constitute formal orders. The tenderer has to fill in these forms in accordance with the submitted price list (Annex 3A) and its proposed approach and methodology to fulfil all required tasks and services during the performance of the framework contract. These forms (Annex 3B) will constitute the financial proposal from the tenderers for the call for tender and will allow to the Commission to compare the tenders from a quality/price ratio's point of view taking into account both service and financial proposals for the framework contract. The effective orders will be the signed specific contracts, following due requests for services from the Commission based on the pricing list attached to the framework contract (Annex 3A of the specifications). II LAY-OUT OF THE DELIVERABLES The deliverables shall normally conform to the corporate visual identity of the European Commission by applying the graphic rules set out in the European Commission's Visual Identity Manual, including its logo [1]. Further details will be given to the awarded contractor at the kick off meeting. The Commission is committed to making online information as accessible as possible to the largest possible number of users including those with visual, auditory, cognitive or physical disabilities, and those not having the latest technologies. The Commission supports the Web Content Accessibility Guidelines 2.0 of the W3C. For full details on Commission policy on accessibility for information providers, see: Pdf versions of e.g. studies/policy papers/research papers) destined for online publication should respect W3C guidelines for accessible pdf documents. See: Any deliverable shall include - the following standard disclaimer: The information and views set out in this document are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission s behalf may be held responsible for the use which may be made of the information contained therein. [1] The Visual Identity Manual of the European Commission is available upon request. Requests should be made to the following e- mail address: [email protected] 22

24 - specific identifiers which shall be incorporated on the cover page provided by the Contracting Authority. Major deliverables exceeding 10 pages (policy paper/working paper/research paper, communication and outreach products shall also include an abstract or an executive summary, both in English and French. III INFORMATION ON TENDERING III.1 Participation Participation in this tender procedure is open on equal terms to all natural and legal persons coming within the scope of the Treaties and to all natural and legal persons in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. Where the Multilateral Agreement on Government Procurement concluded within the WTO applies, the participation to the call for tender is also open to nationals of the countries that have ratified this Agreement, on the conditions it lays down. The attention of the tenderers is drawn on the exclusion, selection and award criteria described hereunder in this document and to the evidence that they have to provide when submitting a tender. III.2 Contractual conditions In drawing up his offer, the tenderer should bear in mind the provisions of the draft contract attached to this invitation to tender (Annex 4) particularly those on payments, performance of the contract, confidentiality, and checks and audits. Any limitation, amendment or denial of the terms of framework contract will lead to automatic exclusion from the procurement procedure. The Commission may, before the contract is signed, either abandon the procurement procedure or cancel the award procedure without the tenderers being entitled to claim any compensation. III.3 Joint Tenders (if applicable) A joint tender is a situation where a tender is submitted by a group of economic operators (consortium). Joint tenders may include subcontractors in addition to the joint tenderers. Tenders can be submitted by groupings of service providers/suppliers who will not be required to adopt a particular legal form prior to the contract being awarded. However, the Commission will require the grouping: - Either to have the contract signed by all members of the grouping. In this case, one of them will be responsible for the receipt and processing of payments for members of grouping, for managing the service administration and for coordination of the contract; or - to have the contract signed by a team leader, which has been duly authorised by the other members to bind each of them (a power of attorney will be attached to the contract according to the template provided by the Commission). In addition, the composition and constitution of the grouping, and the allocation of the scope of tasks amongst the members, shall not be altered without the prior written consent of the Commission which can be withheld at discretion. 23

25 III.4 Liability of members of a group Partners in a joint offer assume joint and several liability towards the Commission for the performance of the contract as a whole. Statements, saying for instance: - That one of the partners of the joint offer will be responsible [2] for only one part of the contract and another one for the rest, or - That more than one contract should be signed if the joint offer is successful are thus incompatible with the principle of joint and several liability. The Commission will disregard any such statement contained in a joint offer, and reserves the right to reject such offers without further evaluation, on the grounds that they do not comply with the tendering specifications. III.5 Subcontracting Subcontracting is permitted in the tender but the contractor will retain full liability towards the Contracting Authority for performance of the contract as a whole. If the tenderer intends to subcontract part of the service, he shall indicate in his offer which part (type of services) will be subcontracted and to what extend (% of the total contract value). Tenderers must ensure that Article II.7 of the contract (Annex 4) can be applied to subcontractors. Tenderers must give an indication of the proportion of the contract that they intend to subcontract. Tenderers are required to identify all subcontractors. During contract execution, the change of any subcontractor identified in the tender will be subject to prior written approval of the Contracting Authority. N.B. Any service to be performed by a natural person being not in the payroll of the contractor (or one of its partners) has to be considered as being subcontracting services and declared as such. IV FORM AND CONTENT OF THE TENDER IV.1 General Tenders must be written in one of the official languages of the European Union. Tenders must be signed by the tenderer or his duly authorised representative. In case of joint tender, the cover letter must be signed by a duly authorised representative for each tenderer, or by a single tenderer duly authorised by other tenderers (with power of attorney). Tenders must be clear and concise, with continuous page numbering, and assembled in a coherent fashion (e.g. bound or stapled, etc ). Since tenderers will be judged on the content of their written bids, they must make it clear that they are able to meet the requirements of the specifications. [2] not be confused with distribution of tasks among the members of the grouping 24

26 IV.2 Structure of the tender All tenders must include three sections: 1) Administrative information and documents related to the exclusion and selection criteria; 2) Technical proposal; 3) Financial proposal. IV.2.1 Section One: administrative proposal a) Administrative information This section must provide the following information: Cover letter The tender must include a cover letter presenting the name of the tenderer applying for the call (including all entities in case of joint offer) and identified subcontractors if applicable, and the name of the single contact person in relation to this tender. If applicable, the cover letter must indicate the proportion of the contract to be subcontracted. In case of joint tender, the cover letter must be signed by a duly authorised representative for each tenderer, or by a single tenderer duly authorised by other tenderers (with power of attorney). Subcontractors must provide a letter of intent stating their willingness to provide the service foreseen in the offer and in line with the present tender specifications. Legal Entities In order to prove their legal capacity and their status, all tenderers and identified subcontractors must provide a signed Legal Entity Form with its supporting evidence. However, the subcontractor(s) shall not be required to fill in or provide those documents when the services represent less than 20% of the contract. The form is available on: Tenderers must provide the following information if it has not been included with the Legal Entity Form: - For legal persons, a legible copy of the notice of appointment of the persons authorised to represent the tenderer in dealings with third parties and in legal proceedings, or a copy of the publication of such appointment if the legislation which applies to the legal entity concerned requires such publication. Any delegation of this authorisation to another representative not indicated in the official appointment must be evidenced. 25

27 - For natural persons, where applicable, a proof of registration on a professional or trade register or any other official document showing the registration number. Financial identification The tenderer (or the single point of contact in case of joint tender) must provide a Financial Identification Form and supporting documents. Only one form per offer should be submitted (no form is needed for subcontractors and other joint tenderers). The form is available on: Remark: Tenderers and identified subcontractors that are already registered in the Contracting Authority s accounting system (i.e. they have already been contractors) must provide the forms but are not obliged to provide the supporting evidence. b) Information regarding exclusion and selection criteria: For the exclusion criteria the tenderer is request to submit: 1. Declaration by the Tenderer relating to the exclusion criteria 2. Documents certifying economic and financial capacity 3. Prove of technical and professional capacity IV.2.2 Section Two: Technical proposal This technical proposal is of high importance in the assessment of the bids, the award of the contract and the future execution of any resulting contract. The attention of bidders is specially drawn to the award criteria, which define those parts of the technical proposal to which the tenderers should pay particular attention. The technical proposal should address all requirements/tasks/matters laid down in the specifications and should include models, examples and technical solutions. The level of detail of the tender will be extremely important for the evaluation of the tender. Tenderers must present in their bids a proposal on the methodology and the organisation of the services and tasks to be carried out. The technical proposal must provide all the information needed for the purpose of awarding the contract. Unclear tender will badly reflect the capacity of the tenderer to deliver the required services with the expected level of quality and within the available time schedule. The tenderer should describe how the services/tasks will be organised including a description of the processes foreseen to meet the objectives. The tenderer is invited to propose and justify, if relevant, additional elements to be included to ensure the appropriate achievement of the objectives. The technical description must also describe how the contractor will engage with the stakeholders during the performances of the services. It must contain a detailed planning of the resources associated with the tasks and CV's of the persons involved in the service 26

28 delivery. A time plan for the development of the services over a year must also be included and illustrated with clear charts. Offers deviating from the requirements or not covering all requirements may be excluded on the basis of non-conformity with the tender specifications and will not be evaluated. The tender should be presented in a structured way and will contain as an example the following: 1. Understanding of the objectives and tasks of the services and appropriateness of the preliminary assessment of the difficulties and expected results. Mitigation process to address identified risks should be detailed. 2. Proposed methodology to develop efficient and appropriate solutions meeting the requirements stated. Proposed sources of information, sampling methodology, data collection method and analysis should be detailed. Proposed means employed to ensure adequate coverage of the 28 Member States and the relevant services should be described. 3. Project management and accurateness of the team organisation and structure which will be put in place to achieve the expected results. Appropriateness of the balance between the team members in the fields relevant to deliver the services should be demonstrated. Resources allocated to the tasks and way in which the tenderer intends to cover the 28 EU Member States should be provided. Details should be given on the allocation of staff profiles to different tasks. The description of the lines of reporting should be part of this section. 4. Proposed detailed action plan and implementation schedule describing how the tenderer wants to achieve the delivery of the services within the contractual timeframe. IV.2.3. Section Four: Financial proposal All tenders must contain a financial proposal to be submitted according to the form attached in Annex 3A and 3B. The tenderer's attention is drawn to the following points: - Prices must be quoted in euros, including the countries which are not in the euro-area. As far as the tenderers of those countries are concerned, they cannot change the amount of the bid because of the evolution of the exchange rate. The tenderers choose the exchange rate and assume all risks or opportunities relating to the rate fluctuation. - Prices must be quoted free of all duties, taxes and other charges, including VAT, as the European Union is exempt from such charges under Articles 3 and 4 of the Protocol on the privileges and immunities of the European Union. The amount of VAT may be shown separately. - The Price Grid (Table of Unit Prices) Annex 3A, to be filled by the tendering parties, will constitute the future contractual basis for the pricing for the specific contracts. In this regard, it will be integral part of the Annex II (Contractor s Tender) of the Framework Contract. Accordingly, the financial offer must be completed in full and signed by a person able to engage the bidder financially. Any incomplete tender will be excluded from the evaluation procedure. Bidders must provide the daily fees for each professional profile. These staff fees must be fixed and include all costs (project management, quality control, training of the contractor's staff, support resources, etc.) and all expenditure (management of the firm, secretariat, social security, salaries, etc.) incurred directly and indirectly by the contractor in performance of the tasks which may be entrusted to him. 27

29 Estimated travel and daily subsistence allowance expenses must be indicated separately. This estimate should be based on flat rate as requested in Annexes 3A and 3B as well as the indications provided in the technical terms of reference. Tendering parties must leave the general structure and subdivision of this price schedule unchanged. If the table is reproduced using word-processing facilities one must ensure that all the fields from the original schedule are included in this reproduction. Omissions or changes to the original structure may lead to elimination. If justified, the tenderers may add some price items according their technical proposal but not modifying the scope and requirements defined in the specifications. When requested, details (such as calculations) should be provided as Annexes. Financial Offer - Price Grid (Table of Prices) to be submitted according to the form attached in Annex 3A and 3B. - Price indexing Unit prices must be fixed and not subject to revision for orders placed during the first year of performance of the Framework Contract. In the event of the contract being extended, and for the first time from the date of the first extension, part of each unit price (80%) may be revised upwards or downwards, 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. Requests will be placed on the basis of the unit prices in force on the date on which they are signed. Such prices are not subject to revision. Such revision must be determined by the trend in the harmonized consumer price index MUICP (euro zone) published for the first time by the Office for Official Publications of the European Communities in the Eurostat Monthly Bulletin - Economy and Finance, according to the following formula: Pr= Ir Po(0,2+0,8 ) Io where Pr = revised unit price; Po = unit price in the original tender; Io = index for the month of the final date for submission of tenders; Ir = index for the month during which the request for indexing was issued. V. ASSESSMENT AND AWARD OF THE CONTRACT The assessment will be based on each tenderer's bid. All the information will be assessed in the light of the criteria set out in these specifications. The procedure for the award of the contract, which will concern only admissible bids, will be carried out in three successive stages. The aim of each of these stages is: 28

30 1) to check on the basis of the exclusion criteria, whether tenderers can take part in the tendering procedure; 2) to check on the basis of the selection criteria, the technical and professional capacity and economic and financial capacity of each tenderer; 3) to assess on the basis of the award criteria each bid which has passed the exclusion and selection stages. V.1 Exclusion criteria (exclusion of tenderers) All tenderers shall provide a declaration on their honour (see Annex 1), duly signed and dated by an authorised representative, stating that they are not in one of the situations of exclusion listed in the Annex 1. The declaration on honour is also required for identified subcontractors whose intended share of the contract is above 20%. The successful tenderer shall provide the documents mentioned as supporting evidence in Annex 1 before signature of the contract and within a deadline given by the contracting authority. This requirement applies to all members of the consortium in case of joint tender Remark: The tenderers will be waived of the obligation to submit the documentary evidence mentioned above if such evidence has already been submitted for the purposes of another procurement procedure launched by Directorate General Home Affairs, provided that the documents are not more than one year old starting from their issuing date and that they are still valid. In such a case, the tenderer shall declare on his honour that the documentary evidence has already been provided in a previous procurement procedure, specifying the reference of the call for tender for which the documents have been provided, and confirm that no changes in his situation have occurred. V.2 SELECTION CRITERIA (SELECTION OF TENDERERS) Tenderers must prove their economic, financial, technical and professional capacity to carry out the work subject to this call for tender. The evidence requested should be provided by each member of the group in case of joint tender and identified subcontractor whose intended share of the contract is above 20%. However a consolidated assessment will be made to verify compliance with the minimum capacity levels. The tenderer may 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, for example by producing an undertaking on the part of those entities to place those resources at its disposal. V.2.1 Economic and financial capacity References required In order to prove their economic and financial capacity, the tenderer (i.e. in case of joint tender, the combined capacity of all members of the consortium and identified subcontractors) must comply with the following criteria: 29

31 Tenderers must show that their annual consolidated turnover exceeds ,00, for the past three years (average of 2011, 2012 and 2013 figures) in case of a consortium, this threshold will be verified at the level of the consortium. The following evidence should be provided: - the completed "Simplified balance sheet" and "Simplified Profit & Loss Account" completed for the last 3 years (Annex 2 must be completed), - copy of the profit & loss account and balance sheet for the last 3 years for which accounts have been closed, - Failing that, appropriate statements from banks, - If applicable, evidence of professional risk indemnity insurance; If, for some exceptional reason which the Contracting Authority considers justified, a tenderer is unable to provide one or other of the above documents, he or she may prove his or her economic and financial capacity by any other document which the Contracting Authority considers appropriate. In any case, the Contracting Authority must at least be notified of the exceptional reason and its justification in the tender. The Commission reserves the right to request any other document enabling it to verify the tenderer's economic and financial capacity. Remark: The tenderers will be waived of the obligation to submit the documentary evidence mentioned above if such evidence has already been submitted for the purposes of another procurement procedure launched by Directorate General Home Affairs, provided that the documents are not more than one year old starting from their issuing date and that they are still valid. In such a case, the tenderer shall declare on his honour that the documentary evidence has already been provided in a previous procurement procedure, specifying the reference of the call for tender for which the documents have been provided, and confirm that no changes in his situation have occurred. V.2.2 Technical and professional capacity References required The tenderer must comply with the following criteria: a. Criteria relating to tenderers - The tenderer must prove extensive experience in the field of countering radicalisation. This includes in particular extensive experience in the different fields of and the different sectors involved in prevent work (in particular those fields and sectors identified in the Commission's PREVENT Communication). With at least 3 projects delivered in this field in the last three years with a minimum value for each project of The tenderer must prove in-depth knowledge of the work and role of public authorities involved in prevent work and policy (at local, regional, national, European and international level), law enforcement, and other actors of relevance in the field of radicalisation (such as NGOs). The tenderer must prove experience in dealing with policy makers, academics and practitioners in the area of radicalisation. With at least 3 projects delivered in this field in the last three years with a minimum value for each project of The tenderer must prove expertise and experience in logistics (including the organisation of large scale events), development of policy oriented activities and strategies, training activities, drafting analytical working documents and policy recommendations, communication and 30

32 managing a website. With at least 3 projects delivered in this field in the last three years with a minimum value for each project of The tenderer must prove experience of working in EU countries with at least 3 projects involving more than 5 Member States delivered in the last three years of a minimum value for each project of b. Criteria relating to the team delivering the service: The proposed team organisation needs to provide the necessary expertise to fulfil all tasks ensuring the quality requirements as set out in the tender specifications. The team should ideally be composed of experts from different Member States. As a team, the experts must also prove excellent skills in English, very good knowledge in French and German, and be capable of ensuring translation into all EU official languages. Profiles: The team delivering the service should include, as a minimum, the following profiles: Project Manager: At least 6 years of experience in project management, including overseeing project delivery, quality control of delivered service, client orientation and conflict resolution experience in projects of at least per year) and coverage (geographical scope at least half of the one subject to this call for tender), with experience in management of a team of at least 10 people. The project manager will be the main person of contact for the Commission. A project manager back up (with similar experience) should be provided as well in the tender. Experts/Analysts: Relevant higher education degree and professional experience. The required experience must be proven, among other things, by relevant academic research projects, published works, projects in prevent work and development of tools or methodologies to be used in prevent work: - at least 20% of experts/analysts should be senior, having at least 10 years of experience in their specific areas (20 CV's should be provided as a minimum, including an explanation how the experience in the respective specific area is relevant to specific tasks as set out in the specifications) - at least 50% of experts/analysts having experience of at least 6 years of experience in their specific areas (20 CV's should be provided as a minimum, including an explanation how the experience in the respective specific area is relevant to specific tasks as set out in the specifications) - at most 30% can be junior, having at least 3 years of experience in their specific areas (10 CV's should be provided as a minimum, including an explanation how the experience in the respective specific area is relevant to specific tasks as set out in the specifications) - at most 10% can be entry-level analysts with no professional experience (including an explanations for which tasks such analysts would be deployed). Webmaster/Web editor (in particular as regards TASK 9 of the tender specifications): with at least 6 years of experience in similar functions. Training specialist (in particular as regards TASK 4): with at least 5 years of experience in developing training programmes and material and holding/organising trainings/workshops in a multi-cultural/multi-sectoral setting.. Communication specialist: with at least 5 years of experience in the relevant area, including development of communication concepts and outreach products, including an explanation how the specialist will ensure and support the delivery of individual tasks in particular but not exclusively TASKS 8 and 9. Quality manager: with at least 10 years of experience ideally in different areas of radicalisation/prevent work demonstrating the capacity of ensuring that the output and deliverables 31

33 of the RAN Center satisfy the highest standards and reflect a plurality of opinions and different strands of thinking and policy approaches. Language quality check: The tenderer must prove capacity to draft reports in English of the highest standards (also in terms of clarity and focus), as guaranteed by a certificate or past relevant experience. In addition, the tenderer must prove experience of working in other EU official languages, including French and German, with at least 5 projects delivered in the last three years showing the necessary language coverage. c. Evidence: To prove the expertise, experience, skills and know how as outlined above the tenderer must provide evidence of having carried out similar services in the field of radicalisation in the last three years. Similar services are services which are comparable to the tasks as set out in the technical specifications in terms of nature, scale and scope, in particular as regards their European (and where relevant international) dimension of such services/activities (e.g. workshops organised for participants coming from more than 5 Member States, comparative research work covering at least 5 Member States, policy recommendations addressed to an international target audience). The tenderer is asked to explain how the activities and services referred to are similar to those set out in the tender specifications. 1. Tenderers should provide with their offer detailed curriculum vitae of each staff member responsible for carrying out the work, including his or her educational background, degrees and diplomas, professional experience, research work, publications and linguistic skills. The CV's shall be presented, preferably, in accordance to the Commission Recommendation on a common European format for curricula vitae, published in OJ L79 of 22 March 2002, p A list of the principal services of the same type provided in the past five years, with the sums, dates and recipients, whether public or private, of the services provided, together with certificates issued or countersigned by public authorities or by private clients or, failing this, simply declared by the service provider to have been effected; 3. A description of the measures taken by the service provider to ensure the quality and continuity of the services provided. 4. Part of the contract (type and volume of services) which the service provider intends to subcontract. Remark: if several service providers/subcontractors are involved in the procurement, they must jointly show that they have the professional and technical capacity to perform the tasks assigned to them. Tenderers must provide proof of their technical and professional capacity by means of the documents listed here above, which should be attached to the bid. This fully applies to natural persons being not on the payroll of the contractors but would be proposed as partner or subcontractor. 32

34 V.3 EVALUATION OF TENDERS AWARD CRITERIA The contract will be awarded according to the criteria given below, on the basis of the economically most advantageous tender. Only bids that have reached a total score of a minimum of 70% and a minimum score of 60 % for each criterion will be taken into consideration for awarding the contract. N Award Criteria Weighting 1 Understanding of the purpose and the nature of the tasks to be 10 undertaken and the deliverables to be provided, including an assessment of the difficulties to achieve the required results and risk mitigation measures. 2 Proposed vision and strategy as to producing results having an impact on EU policy-making in the field of radicalisation. 3 Clarity and relevance of the proposed approach underlying the delivery of the different services. Appropriateness and efficiency of actions proposed to meet the objectives and requirements. Quality of the proposed methodology and tools that will be used to carry out the different tasks. 4 Appropriateness and efficiency of the proposed team organisation which will be put in place to achieve the expected results. Appropriateness and efficiency of the project management structure and the lines of reporting. Suitability of the proposed team (namely with a balanced expertise in the field of networking, logistics, conceptual analysis and communication reflecting the needs under the different tasks). 5 Schedule for the implementation of the different tasks describing also how the tenderer wants to achieve the delivery of the services (as defined in the specifications and the scenario of Annex 3B) and obtainment of objectives within the contractual time-frame (the scenario is done for a period of 12 months) Total number of points 100 Remarks: Tenderers attention is drawn to the fact that the Commission will be in a position to make a proper assessment of the tenders on the basis of the above qualitative criteria only if they contain full particulars relating to all aspects of this specification. Lack of detail and vague and perfunctory information will be penalised. As the tenders will be evaluated on the basis of the quality of the services proposed, they should fully explore all the points included in this specification so as to obtain the best possible mark. Simply repeating the guidelines given in the specification of this invitation to tender without going into detail or expanding on them will result in a very poor mark. Furthermore, if any essential points of this specification are not expressly covered by the tender, the Commission may decide to give a zero mark for the relevant quality award criteria. 33

35 b) Financial criteria The contract will be awarded to the tender that offers the best value for money (meaning the highest number of points maximum being 100 points). 60 points are given to the quality ratio and 40 points to price ratio. The evaluation will be made by awarding each tender a number of points calculated as follows: Q tender x 60 pts + P base Q base P tender x 40 pts Q tender - Quality mark of the tender P tender- Price offer of the tender (the price to be considered here is the total costs of the financial evaluation forms (Annex 3B), based on the pricing list submitted by the tenderer (Annex 3A)) Q base Quality mark of the tender with the highest quality mark P base Price of the tender with the lowest price offer (provided the minimum quality thresholds are met). The price to be considered here is the lowest total costs of the financial evaluation forms (Annex 3B), based on the pricing list submitted by the tenderer (Annex 3A) Depending on the real operational needs of the Commission services over the whole duration of the framework contract, the effective signature of the specific contracts to cover the services may not be exactly in line with the estimated financial evaluation forms (Annex 3B) submitted by the tenderer in relation with its bid for the framework contract. But the specific contract value will be based on the pricing list for the individual tasks/services (Annex 3A). VI INFORMATION FOR TENDERERS The Commission will inform tenderers of decisions reached concerning the award of the contract, including the grounds for any decision not to award a contract or to recommence the procedure. If a written request is received, the Commission will inform all rejected tenderers of the reasons for their rejection and all tenderers submitting an admissible tender of the characteristics and relative advantages of the selected tender and the name of the successful tenderer. However, certain information may be withheld where its release would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. VII ANNEXES 1. Declaration by the Tenderer (relating to the exclusion criteria) 2. Simplified balance sheet Form + profit & loss account Form 3. A and B Financial offer Form 4. Draft Service Framework Contract 34

36 ANNEX 1 DECLARATION BY THE TENDERER Declaration of honour on exclusion criteria and absence of conflict of interest (Complete or delete the parts in grey italics in parenthese) [Choose options for parts in grey between square brackets] The undersigned (insert name of the signatory of this form): in [his][her] own name (for a natural person) or representing the following legal person: (only if the economic operator is a legal person) full official name: official legal form: full official address: VAT registration number: declares that [the above-mentioned legal person][he][she] is not in one of the following situations: a) is bankrupt or being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; b) has been convicted of an offence concerning professional conduct by a judgment of a competent authority of a Member State which has the force of res judicata; c) has been guilty of grave professional misconduct proven by any means which the contracting authorities can justify including by decisions of the European Investment Bank and international organisations; d) is not in compliance with all its obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which it is established, with those of the country of the contracting authority and those of the country where the contract is to be performed; e) has been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such activity is detrimental to the Union's financial interests; f) is a subject of an administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in a procurement procedure or failing to supply this information, or having been declared to be in serious breach of its obligations under contracts covered by the Union's budget. (Only for legal persons other than Member States and local authorities, otherwise delete) declares that the natural persons with power of representation, decision-making or 35

37 control 21 over the above-mentioned legal entity are not in the situations referred to in b) and e) above; declares that [the above-mentioned legal person][he][she]: g) has no conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinity, family, emotional life or any other shared interest; h) will inform the contracting authority, without delay, of any situation considered a conflict of interest or which could give rise to a conflict of interest; i) has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to award of the contract; j) provided accurate, sincere and complete information to the contracting authority within the context of this procurement procedure ; acknowledges that [the above-mentioned legal person][he][she] may be subject to administrative and financial penalties 22 if any of the declarations or information provided prove to be false. In case of award of contract, the following evidence shall be provided upon request and within the time limit set by the contracting authority: For situations described in (a), (b) and (e), production of a recent extract from the judicial record is required or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. Where the tenderer is a legal person and the national legislation of the country in which the tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision making or control in relation to the tenderer. For the situation described in point (d) above, recent certificates or letters issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the tenderer is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions. For any of the situations (a), (b), (d) or (e), where any document described in two paragraphs 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. If the tenderer is a legal person, information on the natural persons with power of representation, decision making or control over the legal person shall be provided only upon request by the contracting authority. Full name Date Signature This covers the company directors, members of the management or supervisory bodies, and cases where one natural person holds a majority of shares. As provided for in Article 109 of the Financial Regulation (EU, Euratom) 966/2012 and Article 145 of the Rules of Application of the Financial Regulation 36

38 ANNEX 2 SIMPLIFIED BALANCE SHEET Currency Unit Year N N-1 N-2 Assets Fixed assets (a) Current assets (b = c+d+e) of which: Stocks ( c) Cash (d) Other current assets( e) Total assets (A = a+b) Liabilities (B=f+g) of which, Short term liabilities (f) Long term liabilities (g) Net assets (Own Funds) (C= A-B) Name of the tenderer Legal representative' s name Signature 37

39 ANNEX 2 SIMPLIFIED PROFIT & LOSS ACCOUNT Currency Unit Year N N-1 N-2 Operating income Operating expenses Gross operating profit/loss depreciation Net operating profit/loss Financial income Financial expenses Profit/Loss on ordinary activity Extraordinary income Extraordinary expenses 20. Profit tax 21. Profit/Loss for the financial year Name of the tenderer Legal representative' s name Signature 38

40 39

41 ANNEX 3 A - Financial grid model When filling this sheet, the tenderer should pay attention to include all costs related to the services to be delivered as described in their technical/service proposal. It is highlighted that when necessary, the tenderer has to expand the number of rows or columns as well as to provide any complementary sheets to detail the proposed price. In particular, in relation with the travel and accommodation for meeting, the number of meetings and related number of participants, location, duration, etc should be provided in detail to allow a fair comparison of the tenders. HR Human Ressources profiles (Taking into account the technical specifications and the number of persons per profiles proposed in the team organisation by the tenderer) Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 (insert profile and name of persons involved in the task or sub tasks) P1 Profile 1 - Person (CV) insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate P2 Profile 2 - Person (CV) insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate Pn Profile n - Person n (CV) insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate insert daily rate expand the number of profiles if needed describe the profiles in the offer These prices (human resources, administrative expenses per participant, administrative expenses per item) constitute the bricks to be used to build up the prices of each individual sub-tasks defined in the technical specifications and in the scenario grid attached as Annex 3B) 1

42 AEP AEP1 AEP2 AEP3 AEP4 AEP5 AEP6 AEP7 AEP8 Administrative expenses per participant Costs to cover one return travel - 0 to 500km - for one participant to sterring committee, working group, plenary, bilateral or any other RANmeeting (including train/flight and transfer from/to airports/train stations). Costs to cover one return travel to 1000km - for one participant to sterring committee, working group, plenary, bilateral or any other RAN-meeting (including train/flight and transfer from/to airports/train stations). Costs to cover one return travel to 1500km - for one participant to sterring committee, working group, plenary, bilateral or any other RAN-meeting (including train/flight and transfer from/to airports/train stations). Costs to cover one return travel to 2000 km - for one participant to sterring committee, working group, plenary, bilateral or any other RAN-meeting (including train/flight and transfer from/to airports/train stations). Costs to cover one return travel to 3000 km - for one participant to sterring committee, working group, plenary, bilateral or any other RAN-meeting (including train/flight and transfer from/to airports/train stations). Costs to cover one return travel - more than 3000km - for one participant to sterring committee, working group, plenary, bilateral or any other RAN-meeting (including train/flight and transfer from/to airports/train stations). Costs to cover one night hotel accommodation (1 person room, three stars or more, breakfast) for one participant to a RAN meeting (for all EU MS destinations) Costs to cover one night hotel accommodation (1 person room, three stars or more, breakfast) for one participant to a RAN meeting (average for no EU destinations) expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) Flat rate/participant AEP7 should be provided for each of the 28 AEP7-BE, AEP7-UK, AEP7-DE, AEP7-ES, etc AEP8 should be provided as an average for any country outside EU 2

43 AE AE1 AE2 AE3 AE4 AE5 AE6 AE7 AE8 AE9 AE10 AE11 AE12 Administrative expenses Costs to cover one day meeting facility for any RAN-meeting except ministerial meeting (meeting room, hot and cold drinks, lunch with hot and cold buffet) - per participant Costs to cover one day meeting facility for any RAN-meeting except ministerial meeting (meeting room, hot and cold drinks, sandwich lunch) - per participant Costs to cover half day meeting facility for a RAN meeting (meeting room, hot and cold drinks, no lunch) - per participant Costs to cover a 3-dishes dinner meeting, drinks included - per participant Costs to ensure interpretation translations into EN, FR, DE during the working session (per language per day) (4 translaters, cabins, microfons and all technical support mentioned in the proposed approach) Costs to ensure interpretation translations into EN, FR, DE during the working session (per language per day) (4 translaters only) Costs to translate a document (per page) in EN, FR, DE. (Number of words per page to be translated similar to average number of words per page in Call.) Costs to translate a document (per page) in the other EU languages. (Number of words per page to be translated similar to average number of words per page in Call.) Costs to produce a booklet of good practices (max. 60 pages) (Professional design and layout, full-colour, hard cover, more than 500 copies) Costs to produce a booklet of good practices (max. 60 pages) (Professional design and layout, full colour, soft cover, less than 500 copies) Costs to produce a booklet of good practices (max. 120 pages) (Professional design and layout, full-colour, hard cover, more than 500 copies) Costs to produce a booklet of good practices (max. 120 pages) (Professional design and layout, full colour, soft cover, less than 500 copies) expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) Flat rate/ One item 3

44 Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 1 TASK 1 rates) etc ) number, ) TOTAL PRICE Cost to produce the Annual Activity Plan (AAP) (this includes the 1.1 review to integrate COM comments if any) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1.2 Cost to produce a Quarterly Progress Report (QPR) including the update of the AAP (this include the review to integrate COM comments if any) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1.3 Cost to produce the Annual Activity Report (APR), being the 4th QPR (this include the review to integrate COM comments if any) (insert subtotal) (insert subtotal) (insert subtotal) insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 2 TASK 2 rates) etc ) number, ) TOTAL PRICE 2.1 Costs to produce an ex-ante paper to frame discussions, an ex-post evaluation and a follow-up of findings resulting from one RAN meeting/event (TASK 2.1) (insert subtotal) N.A. N.A. insert price 2.2 Costs to prepare an update summarising the RAN working groups activities and outputs (TASK 2.2) (insert subtotal) N.A. N.A. insert price 2.3 Costs to collect good practices/approaches/lessons learnt to feed the RAN Collection (TASK 2.3) (on a quarterly basis -forfait) (insert subtotal) N.A. N.A. insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex 4

45 Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 3 TASK 3 rates) etc ) number, ) TOTAL PRICE 3.1 Costs to prepare and update one calendar/consolidated agenda for RAN activities (insert subtotal) N.A. N.A. insert price 3.3 Costs to prepare and update meeting agendas, minutes and reports as well as speeches or other presentations and working papers in relation to one RAN event/meeting (insert subtotal) N.A. N.A. insert price 3.2A Costs to organise one RAN Plenary for 150 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 3.2B Costs to organize and report on one working group session for 50 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 3.2C Costs to organize and report on one working group session for 30 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 3.2D Costs to organize and report on one working group session for 15 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 3.2E Costs to organize and report on one study visit for 20 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price Costs to coordinate, liaise and maintain relationship with the WG 3.4 leaders (on a yearly basis - forfait) (insert subtotal) (insert subtotal) N.A. insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 4 TASK 4 rates) etc ) number, ) TOTAL PRICE Costs to implement a training programme in one Member State (20 4.1A persons) (TASK 4.1) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4.1B Costs to implement a workshop in one Member State (20 persons) (TASK 4.1) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4.1C Costs to provide councelling services to one Member State (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4.1A Costs to implement a training programme in one Third Country (20 persons) (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4.2B Costs to implement a workshop in one Third Country (20 persons) (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4.2C Costs to provide councelling services to a Third Country (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price Costs to produce, maintain and update a list of radicalisation experts 4.3 (TASK 4.3) (insert subtotal) N.A. (insert subtotal) insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex 5

46 TASK 5 TASK 5 Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, rates) etc ) number, ) TOTAL PRICE 5A Costs to produce and review one policy/ working papers (10-20 pages) (insert subtotal) N.A. N.A. insert price Costs to produce and review one issues paper or one policy briefing (5-5B 10 pages) (insert subtotal) N.A. N.A. insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex TASK 6 TASK 6 Administration (Human resources, detail, persons, profiles, days, rates) Travel and accomodation (detail, number, location, days, etc ) Infrastructure (detail, number, ) TOTAL PRICE Costs to collect, draft and up-date one compilation report (50 pages) on current research, thinking and trends for prevent policy (TASK 6.1) (insert subtotal) N.A N.A insert price Costs to produce one gap analysis report for focused additional research (10 pages) (TASK 6.2) (insert subtotal) N.A N.A insert price Costs to prepare one event bringing together researches, policy makers and practitioners for 100 participants (TASK 6.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex 6

47 Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 7 TASK 7 rates) etc ) number, ) TOTAL PRICE 7.1 Costs to prepare and elaborate one concept paper (10-20 pages) (TASK 7.1) (insert subtotal) N.A. N.A insert price 7.2 Costs to establish and maintain links/working relationships with international organisation and entities (TASK 7.2) (insert subtotal) N.A. N.A. insert price Costs to ensure the participation of one expert to an external meeting 7.3A within EU (TASK 7.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price 7.3B Costs to ensure the participation of one expert to an external meeting outside EU (TASK 7.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 8 TASK 8 rates) etc ) number, ) TOTAL PRICE Costs to organise and report on one Steering Committee (25 persons) 8.1 (TASK 8.1) (insert subtotal) (insert subtotal) (insert subtotal) insert price 8.2 Costs to organise and report on one High Level Conference (200 persons) (TASK 8.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 8.3 Costs to organise and report on one cross cutting/thematic event (100 persons) (TASK 8.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price Costs to prepare a concept paper on communication and outreach 8.4A projects and strategy (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 8.4B Costs to develop communication - communication strategy and approach (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 8.4C Costs to develop communication and outreach products - video-clip (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 8.4D Costs to develop communication and outreach products - interview (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 8.4E Costs to develop communication and outreach - products multimedia's products (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 8.4E Costs to develop communication and outreach products - others following proposed tender (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price Costs to disseminate the calendar/agenda of events and further 8.5 updates (TASK 8.5) (insert subtotal) N.A. N.A. insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex 7

48 Administration (Human resources, Travel and accomodation (detail, detail, persons, number, Infrastructure profiles, days, location, days, (detail, TASK 9 TASK 9 rates) etc ) number, ) TOTAL PRICE 9.1 Costs to elaborate one concept paper (5-10 pages) for the further development of the website (TASK 9.1) (insert subtotal) N.A. N.A. insert price Costs to elaborate and upload content on the website on a monthly 9.2 basis (TASK 9.2) (insert subtotal) N.A. (insert subtotal) insert price 9.3 Costs to support and maintain the RAN Centre's e-community on a monthly basis (TASK 9.3) (insert subtotal) N.A. (insert subtotal) insert price expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex 8

49 ANNEX 3B This price grid scenario as to be filled in by using the price items defined in the price list (ANNEX 3A) and taking into account 1) the estimated number of units per task and sub-tasks introduced in the grid and 2) the condition not to exceed 5 Millions all tasks and services included. It represents the best estimate of the policy/contractual needs for a full year of support ot the RAN Centre operations. TASK 1 TASK 1 Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) Total Unit Price Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO Cost to produce the Annual Activity Plan (AAP) (this includes the review to integrate COM comments if any) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU Cost to produce a Quarterly Progress Report (QPR) including the update of the AAP (this include the review to integrate COM comments if any) (insert subtotal) (insert subtotal) (insert subtotal) insert price 3 COL PU x COL QU Cost to produce the Annual Activity Report (APR), being the 4th QPR (this include the review to integrate COM comments if any) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A TASK 2 TASK 2 Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO Costs to produce an ex-ante paper to frame discussions, an ex-post evaluation and a follow-up of findings resulting from one RAN meeting/event (TASK 2.1) (insert subtotal) N.A. N.A. insert price 20 COL PU x COL QU Costs to prepare an update summarising the RAN working groups activities and outputs (TASK 2.2) (insert subtotal) N.A. N.A. insert price 6 COL PU x COL QU Costs to collect good practices/approaches/lessons learnt to feed the RAN Collection (TASK 2.3) (on a quarterly basis -forfait) (insert subtotal) N.A. N.A. insert price 4 COL PU x COL QU When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK 9

50 TASK 3 TASK Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO Costs to prepare and update one calendar/consolidated agenda for RAN activities (insert subtotal) N.A. N.A. insert price 6 COL PU x COL QU 3.3 Costs to prepare and update meeting agendas, minutes and reports as well as speeches or other presentations and working papers in relation to one RAN event/meeting (insert subtotal) N.A. N.A. insert price 46 COL PU x COL QU 3.2A Costs to organise one RAN Plenary for 150 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A 3.2B 3.2C Costs to organize and report on one working group session for 50 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 5 COL PU x COL QU Costs to organize and report on one working group session for 30 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 30 COL PU x COL QU 3.2D 3.2E 3.4 Costs to organize and report on one working group session for 15 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 5 COL PU x COL QU Costs to organize and report on one study visit for 20 persons (insert subtotal) (insert subtotal) (insert subtotal) insert price 5 COL PU x COL QU Costs to coordinate, liaise and maintain relationship with the WG leaders (on a yearly basis - forfait) (insert subtotal) (insert subtotal) N.A. insert price 1 COL PU x COL QU expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK TASK 4 TASK 4 4.1A Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO Costs to implement a training programme in one Member State (20 persons) (TASK 4.1) (insert subtotal) (insert subtotal) (insert subtotal) insert price 5 COL PU x COL QU 4.1B 4.1C 4.1A 4.2B 4.2C 4.3 Costs to implement a workshop in one Member State (20 persons) (TASK 4.1) (insert subtotal) (insert subtotal) (insert subtotal) insert price 5 COL PU x COL QU Costs to provide councelling services to one Member State (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 10 COL PU x COL QU Costs to implement a training programme in one Third Country (20 persons) (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU Costs to implement a workshop in one Third Country (20 persons) (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU Costs to provide councelling services to a Third Country (TASK 4.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 2 COL PU x COL QU Costs to produce, maintain and update a list of radicalisation experts (TASK 4.3) (insert subtotal) N.A. (insert subtotal) insert price 1 COL PU x COL QU expand if needed (in particular where differenciation SUM ALL LINES FOR between various services to be delivered under a given SCENARIO PRICE OF task is necessary) THE TASK When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A 10

51 TASK 5 TASK 5 Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO 5A 5B Costs to produce and review one policy/ working papers (10-20 pages) (insert subtotal) N.A. N.A. insert price 5 COL PU x COL QU Costs to produce and review one issues paper or one policy briefing (5-10 pages) (insert subtotal) N.A. N.A. insert price 15 COL PU x COL QU When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK TASK 6 TASK 6 Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO Costs to collect, draft and up-date one compilation report (50 pages) on current research, thinking and trends for prevent policy (TASK 6.1) (insert subtotal) N.A N.A insert price 1 COL PU x COL QU Costs to produce one gap analysis report for focused additional research (10 pages) (TASK 6.2) (insert subtotal) N.A N.A insert price 1 COL PU x COL QU Costs to prepare one event bringing together researches, policy makers and practitioners for 100 participants (TASK 6.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A 11

52 TASK 7 TASK 7 Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO A 7.3B Costs to prepare and elaborate one concept paper (10-20 pages) (TASK 7.1) (insert subtotal) N.A. N.A insert price 1 COL PU x COL QU Costs to establish and maintain links/working relationships with international organisation and entities (TASK 7.2) (insert subtotal) N.A. N.A. insert price 1 COL PU x COL QU Costs to ensure the participation of one expert to an external meeting within EU (TASK 7.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price 3 COL PU x COL QU Costs to ensure the participation of one expert to an external meeting outside EU (TASK 7.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price 1 COL PU x COL QU When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK TASK 8 TASK 8 Administration Travel and (Human accomodation resources, detail, (detail, number, persons, profiles, location, days, days, rates) etc ) Infrastructure (detail, number, ) TOTAL UNIT PRICE Estimated number of Units per year (prefixed!! number may not be modified) GLOBAL PRICE SCENARIO A 8.4B 8.4C 8.4D 8.4E 8.4E 8.5 Costs to organise and report on one Steering Committee (25 persons) (TASK 8.1) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4 COL PU x COL QU Costs to organise and report on one High Level Conference (200 persons) (TASK 8.2) (insert subtotal) (insert subtotal) (insert subtotal) insert price 4 COL PU x COL QU Costs to organise and report on one cross cutting/thematic event (100 persons) (TASK 8.3) (insert subtotal) (insert subtotal) (insert subtotal) insert price 2 COL PU x COL QU Costs to prepare a concept paper on communication and outreach projects and strategy (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 1 COL PU x COL QU Costs to develop communication - communication strategy and approach (TASK 8.4) - forfait (insert subtotal) N.A. (insert subtotal) insert price 1 COL PU x COL QU Costs to develop communication and outreach products - video-clip (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 2 COL PU x COL QU Costs to develop communication and outreach products - interview (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 2 COL PU x COL QU Costs to develop communication and outreach - products multimedia's products (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 2 COL PU x COL QU Costs to develop communication and outreach products - others following proposed tender (TASK 8.4) (insert subtotal) N.A. (insert subtotal) insert price 1 COL PU x COL QU Costs to disseminate the calendar/agenda of events and further updates (TASK 8.5) (insert subtotal) N.A. N.A. insert price 6 COL PU x COL QU When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK 12

53 Administration (Human Travel and accomodation Estimated number of Units per year (prefixed!! number may not be modified) resources, detail, (detail, number, Infrastructure persons, profiles, location, days, (detail, GLOBAL PRICE TASK 9 TASK 9 days, rates) etc ) number, ) TOTAL UNIT PRICE SCENARIO Costs to elaborate one concept paper (5-10 pages) for 9.1 the further development of the website (TASK 9.1) (insert subtotal) N.A. N.A. insert price 1 COL PU x COL QU Costs to elaborate and upload content on the website on 9.2 a monthly basis (TASK 9.2) (insert subtotal) N.A. (insert subtotal) insert price 12 COL PU x COL QU Costs to support and maintain the RAN Centre's e- 9.3 community on a monthly basis (TASK 9.3) (insert subtotal) N.A. (insert subtotal) insert price 12 COL PU x COL QU expand if needed (in particular where differenciation between various services to be delivered under a given task is necessary) SUM ALL LINES FOR SCENARIO PRICE OF THE TASK When establishing the prices in the grid for the tasks and sub-tasks, the tenderer should make use of the prices defined in HR, AEP and AE and provide necessary details in Annex For the purpose of the scenario, in terms of accommodation, the tenderer should use the average of the 28 flat rate defined in Annex 3A Administration (Human resources) Travel and accomodation Infrastructure TOTAL PRICE insert total ALL TASKS 1 to 9 FOR ONE YEAR (SCENARIO) insert sub total insert total insert sub total 13

54 EUROPEAN COMMISSION DG HOME AFFAIRS Directorate A: Internal Security Unit A1 FRAMEWORK SERVICE CONTRACT FRAMEWORK CONTRACT NUMBER The European Union (hereinafter referred to as "the Union"), represented by the European Commission (hereinafter referred to as "the contracting authority") represented for the purposes of the signature of this framework contract by Luigi Soreca, Director of Directorate Internal Security at Directorate-General HOME AFFAIRS, on the one part, and [full official name] [official legal form] [statutory registration number] [full official address ] [VAT registration number] (hereinafter referred to as the contractor ), represented for the purposes of the signature of this framework contract by [forename, surname and function, In case of joint offers [The parties identified above and hereinafter collectively referred to as the the contractor shall be jointly and severally liable vis-à-vis the contracting authority for the performance of this framework contract.] on the other part, 14

55 HAVE AGREED to the special conditions, the general conditions for service framework contracts, the [model order form] [and] [model specific contract] and the following annexes: Annex I Annex II Tender specifications (reference No [complete] of [insert date]) Contractor's tender (reference No [complete] of [insert date]) which form an integral part of this framework contract (hereinafter referred to as the FWC ). - The terms set out in the special conditions shall take precedence over those in the other parts of the FWC. - The terms set out in the general conditions shall take precedence over those in the model order form and model specific contract - The terms set out in the model order form and model specific contract shall take precedence over those in the other annexes. - The terms set out in the tender specifications (Annex I) shall take precedence over those in the tender (Annex II). - The terms set out in the framework contract shall take precedence over those in the order forms and specific contracts. - The terms set out in the specific contracts shall take precedence over those in the requests for services. - The terms set out in the requests for services shall take precedence over those in the specific tenders. 15

56 I SPECIAL CONDITIONS ARTICLE I.1 SUBJECT MATTER I.1.1 I.1.2 The subject matter of the FWC is the coordination and Support of the Radicalisation Awareness Network (RAN Centre of Excellence). Signature of the FWC imposes no obligation on the contracting authority to purchase. Only performance of the FWC through order forms or specific contracts is binding on the contracting authority. ARTICLE I.2 ENTRY INTO FORCE AND DURATION I.2.1 I.2.2 I.2.3 The FWC shall enter into force on the date on which it is signed by the last party. Under no circumstances may performance commence before the date on which the FWC enters into force. Execution of the tasks may under no circumstances begin before the date on which the order form or specific contract enters into force. The FWC is concluded for a period of 48 months with effect from the date on which it enters into force. Unless otherwise specified, all periods specified in the FWC are calculated in calendar days. I.2.4 The order forms or specific contracts shall be signed by both parties before the FWC expires. The FWC shall continue to apply to such order forms and specific contracts after its expiry. They shall be executed no later than 12 months after its expiry. ARTICLE I.3 PRICES I.3.1 The maximum amount of the FWC shall be EUR [Twenty-Five Million euros]. However, this must in no way be construed as a commitment on the contracting authority to purchase for the maximum amount. It is estimated that reimbursements of expenses (travels, accommodations) will represent about 50% of this ceiling value. The maximum prices of the services shall be as listed in Annex II. I.3.2 Price revision Prices shall be fixed and not subject to revision during the first year of duration of the FWC. At the beginning of the second and every following year of the FWC, 80% of each price may be revised upwards or downwards, if such revision is requested by one of the parties in writing no later than three months before the anniversary of the date on which it was signed. The other party shall acknowledge receipt within 15 days of reception of the request. The new prices shall be communicated as soon as the final index is available. The contracting authority shall purchase on the basis of the prices in force on the date on which order forms or specific contracts are signed by both parties. Such prices shall not be subject to revision. 16

57 This revision shall be determined by the trend in the harmonised indices of consumer prices (HICP) [complete] 23 published for the first time by the Eurostat monthly 'Data in Focus' publication at Revision shall be calculated in accordance with the following formula: Ir Pr = Po x ( ) Io where: Pr = revised price; Po = price in the original tender; Io = index for the month corresponding to the final date for submission of tenders; Ir = index for the month [corresponding to the date of receipt of the request to revise prices. I.3.3. Reimbursement of expenses Article II.16 does not apply for this framework contract. The reimbursements of expenses will be based on the flat rates defined in the price grid (Annex 2) and acceptance of the relevant progress reports with due evidence included. A specific flat rate of 400 / month may be allocated to each RAN Working Group to cover the expenses to lead the WG activities. In case of co-leading of a RAN WG, this lump sum has to be shared between the appointed WG leaders. ARTICLE I.4 PAYMENT ARRANGEMENTS AND PERFORMANCE OF THE FRAMEWORK CONTRACT I.4.1 Single framework contract Within 10 working days of an order form or a request for services being sent by the contracting authority to the contractor, the contracting authority shall receive the completed order form or a specific tender back, duly signed and dated. Within 10 working days of a specific contract being sent by the contracting authority to the contractor, the contracting authority 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] [indicated in the specific contract]. I.4.2 Pre-financing 23 Specify the consumer price index, e.g.: MUICP : (euro area) for contracts expressed in euro (as a general rule); EICP : for contracts performed in the European Union (outside the euro area); consumer price index of the State in whose currency the FWC price is expressed: a) index of the State where the contractor is mainly based; or b) index of the State where the service will be mainly carried out. 17

58 Following signature of the order form or specific contract by the last party and its receipt by the contracting authority, a pre-financing payment of 30% of the total fixed price of the order form or specific contract shall be made within 30 days of the receipt of an invoice and the receipt by the contracting authority of a duly constituted financial guarantee equal to at least 30 % of the total fixed price of the order form or specific contract. The contracting authority may refuse to make payments where the award procedure or performance of the order form or specific contract prove to have been subject to substantial errors, irregularities or fraud attributable to the contractor. I.4. 3 Interim payment The contractor shall submit an invoice for an interim payment equal to [XXX] % of the total price referred to in the relevant order form or specific contract. Invoices for interim payment shall be accompanied by a progress report or any other document in accordance with the relevant specific contract and statements of reimbursable expenses in accordance with the flat rate defined in Annex 2 (price list) see Art. I.3.3. The contracting authority shall make the payment within 60 days from receipt of the invoice. The contractor shall have 15 days in which to submit additional information or corrections, a new progress report or other documents if it is required by the contracting authority. I.4.4 Payment of the balance The contractor shall submit an invoice for payment of the balance.. The invoice shall be accompanied by the final progress report or any other document in accordance with the relevant specific contract and statements of reimbursable expenses in accordance with Article II.16. The contracting authority shall make the payment within 60 days from receipt of the invoice. The contractor shall have 15 days in which to submit additional information or corrections, a new final progress report or other documents if it is required by the contracting authority. ARTICLE I.5 BANK ACCOUNT Payments shall be made to the contractor s bank account denominated in euro, identified as follows: Name of bank: Full address of branch: Exact designation of account holder: Full account number including [bank] codes: [IBAN 24 code:] 24 BIC or SWIFT code for countries with no IBAN code. 18

59 ARTICLE I.6 COMMUNICATION DETAILS AND DATA CONTROLLER For the purpose of Article II.6, the data controller shall be: European Commission Directorates-General Home Affairs and Justice Shared Resources Directorate Unit SRD.01: Budget, control and ex-post audits LX 46 00/43 B-1049 Brussels Communications shall be sent to the following addresses: Contracting authority: European Commission Directorate-General HOME AFFAIRS [Directorate C] [Unit C4] 1049 Brussels [insert functional mailbox] Contractor: [Full name] [Function] [Company name] [Full official address] [complete] 19

60 ARTICLE I.7 APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.7.1 I.7.2 The FWC shall be governed by Union law, complemented, where necessary, by the law of Belgium. Any dispute between the parties in relation to the interpretation, application or validity of the FWC which cannot be settled amicably shall be brought before the courts of Brussels. ARTICLE I.8- EXPLOITATION OF THE RESULTS OF THE FWC I.8.1 Modes of exploitation In accordance with Article II.10.2 whereby the Union acquires ownership of the results as defined in the tender specifications (Annex I), these results may be used for any of the following purposes: [(a) use for its own purposes: (i) making available to the staff of the contracting authority (ii) making available to the persons and entities working for the contracting authority or cooperating with it, including contractors, subcontractors whether legal or natural persons, Union institutions, agencies and bodies, Member States' institutions (iii) installing, uploading, processing (iv) arranging, compiling, combining, retrieving (v) copying, reproducing in whole or in part and in unlimited number of copies (b) distribution to the public: (i) publishing in hard copies (ii) publishing in electronic or digital format (iii) publishing on the internet as a downloadable/non-downloadable file (iv) broadcasting by any kind of technique of transmission (v) public presentation or display (vi) communication through press information services (vii) inclusion in widely accessible databases or indexes (viii) otherwise in any form and by any method (c) modifications by the contracting authority or by a third party in the name of the contracting authority: (i) shortening 20

61 (ii) (iii) (iv) summarizing modifying of the content making technical changes to the content: - necessary correction of technical errors - adding new parts or functionalities - changing functionalities - providing third parties with additional information concerning the result (e.g. source code) with a view of making modifications (v) addition of new elements, paragraphs titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound, etc. (vi) preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show, public presentation etc. (vii) extracting a part or dividing into parts (viii) use of a concept or preparation of a derivate work (ix) digitisation or converting the format for storage or usage purposes (x) modifying dimensions (xi) translating, inserting subtitles, dubbing in different language versions: - English, French, German - all official languages of EU - languages used within EU - languages of candidate countries - [list other languages] (d) the modes of exploitation listed in article II.10.4 (e) rights to authorise, license, or sub-license in case of licensed pre-existing rights, the modes of exploitation set out in any of the points (a) to (d) to third parties. Where the contracting authority becomes aware that the scope of modifications exceeds that envisaged in the FWC, specific contract or order form, the contracting authority shall consult the contractor. Where necessary, the contractor shall in turn seek the agreement of any creator or other right holder. The contractor shall reply to the contracting authority within one month and shall provide its agreement, including any suggestions of modifications, free of charge. The creator may refuse the intended modification only when it may harm his honour, reputation or distort integrity of the work. I.8.2 Pre-existing rights and transmission of rights All pre-existing rights incorporated in the results and directly related to the uses foreseen in Article I.8.1 shall be fully and irrevocably acquired by the Union as provided for in Article II.10.2 and by derogation to Article II

62 The contractor shall provide to the contracting authority a list of pre-existing rights and third parties' rights including its personnel, creators or other right holders as provided for in Article II The contractor shall present relevant and exhaustive evidence about the acquisition of all the necessary pre-existing rights and third parties' rights together with presentation of relevant result [specify other stage]. This obligation should be fulfilled by presentation of the contractor's statement prepared in accordance with Annex A and third parties' statements prepared in accordance with Annex B and the relevant evidence listed in article II.10.5 as appropriate. ARTICLE I.9 TERMINATION BY EITHER PARTY Either party may, unilaterally and without being required to pay compensation, terminate either the FWC or the FWC and order forms or specific contracts by formally notifying the other party and by giving one month's notice. Should the contracting authority terminate the FWC, order forms or specific contracts, the contractor shall only be entitled to payment corresponding to the part-performance of the services ordered before the termination date. The first paragraph of Article II.14.3 shall apply. ARTICLE I.10 INTER-INSTITUTIONAL FRAMEWORK CONTRACT Not applicable SIGNATURES For the contractor, [Company name/forename/surname/function] For the contracting authority, [forename/surname/function] signature[s]: Done at [Brussels], [date] signature[s]: Done at [Brussels], [date] In duplicate in English. 22

63 II GENERAL CONDITIONS FOR SERVICE FRAMEWORK CONTRACTS ARTICLE II. 1 PERFORMANCE OF THE FWC II.1.1 The contractor shall perform the FWC to the highest professional standards. II.1.2 The contractor shall be solely responsible for taking the necessary steps to obtain any permit or licence required for performance of the FWC under the laws and regulations in force at the place where the tasks assigned to it are to be executed. II.1.3 Without prejudice to Article II.4 any reference made to the contractor s personnel in the FWC shall relate exclusively to individuals involved in the performance of the FWC. II.1.4 The contractor must ensure that the personnel performing the FWC possesses the professional qualifications and experience required for the execution of the tasks assigned to it. II.1.5 The contractor shall neither represent the contracting authority nor behave in any way that would give such an impression. The contractor shall inform third parties that it does not belong to the European public service. II.1.6 The contractor shall be solely responsible for the personnel who executes the tasks assigned to him. The contractor shall stipulate the following employment or service relationships with its personnel: (a) (b) personnel executing the tasks assigned to the contractor may not be given orders directly by the contracting authority; the contracting authority may not under any circumstances be considered to be the employer of the personnel referred to in point (a) and the personnel shall undertake not to invoke against the contracting authority any right arising from the contractual relationship between the contracting authority and the contractor. II.1.7 In the event of disruption resulting from the action of one of the contractor's personnel working on the contracting authority's premises or in the event that the expertise of one of the contractor's personnel fails to correspond to the profile required by the FWC, the contractor shall replace him without delay. The contracting authority shall have the right to make a reasoned request for the replacement of any such personnel. The replacement personnel must have the necessary qualifications and be capable of performing the FWC under the same contractual conditions. The contractor shall be responsible for any delay in the execution of the tasks assigned to it resulting from the replacement of personnel. II.1.8 Should the execution of the tasks be directly or indirectly hampered, either partially or totally, by any unforeseen event, action or omission, the contractor shall immediately and on its own initiative record it and report it to the contracting authority. The report shall include a description of the problem and an indication of the date on which it 23

64 started and of the remedial action taken by the contractor to ensure full compliance with its obligations under this FWC. In such an event the contractor shall give priority to solving the problem rather than determining liability. II.1.9 Should the contractor fail to perform its obligations under the FWC or order form or specific contract, the contracting authority may - without prejudice to its right to terminate the FWC or order form or specific contract - reduce or recover payments in proportion to the scale of the unperformed obligations. In addition, the contracting authority may claim compensation or impose liquidated damages in accordance with Article II.12. ARTICLE II.2 MEANS OF COMMUNICATION II.2.1 Any communication relating to the FWC or to its performance shall be made in writing and shall bear the FWC number, and if applicable the order form or specific contract number. Any communication is deemed to have been made when it is received by the receiving party unless otherwise provided for in this FWC. II.2.2 Electronic communication shall be deemed to have been received by the parties on the day of dispatch of that communication provided it is sent to the addressees listed in Article I.6. Without prejudice to the preceding, if the sending party receives a message of non-delivery to or of absence of the addressee, it shall make every effort to ensure the actual receipt of such communication by the other party. Electronic communication shall be confirmed by an original signed paper version of that communication if requested by any of the parties provided that this request is submitted without unjustified delay. The sender shall send the original signed paper version without unjustified delay. II.2.3 Mail sent using the postal services is deemed to have been received by the contracting authority on the date on which it is registered by the department responsible referred to in Article I.6. Any formal notification shall be made by registered mail with return receipt or equivalent, or by equivalent electronic means. ARTICLE II. 3 LIABILITY II.3.1 The contractor shall be solely responsible for complying with any legal obligations incumbent on it. II.3.2 The contracting authority shall not be held liable for any damage caused or sustained by the contractor, including any damage caused by the contractor to third parties during or as a consequence of performance of the FWC, except in the event of wilful misconduct or gross negligence on the part of the contracting authority. II.3.3 The contractor shall be held liable for any loss or damage sustained by the contracting authority in performance of the FWC, including in the event of subcontracting, and for any claim by a third party, but only to an amount not exceeding three times the total amount of the relevant order form or specific contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its personnel or subcontractors, the contractor shall have unlimited liability for the amount of the damage or loss. 24

65 II.3.4 The contractor shall indemnify and hold the Union harmless for all damages and costs incurred due to any claim. The contractor shall provide compensation in the event of any action, claim or proceeding brought against the contracting authority by a third party as a result of damage caused by the contractor during the performance of the FWC. In the event of any action brought by a third party against the contracting authority in connection with the performance of the FWC including any alleged breach of intellectual property rights, the contractor shall assist the contracting authority. Such expenditure incurred by the contractor may be borne by the contracting authority. II.3.5 The contractor shall take out an insurance policy against risks and damage relating to the performance of the FWC if required by the relevant applicable legislation. It shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the contracting authority should it so request. ARTICLE II. 4 - CONFLICT OF INTERESTS II.4.1 The contractor shall take all the necessary measures to prevent any situation of conflict of interest. Such situation arises where the impartial and objective performance of the FWC is compromised for reasons involving economic interest, political or national affinity, family or emotional ties, or any other shared interest. II.4.2 Any situation constituting or likely to lead to a conflict of interest during the performance of the FWC shall be notified to the contracting authority in writing without delay. The contractor shall immediately take all the necessary steps to rectify the situation. The contracting authority reserves the right to verify that the steps taken are appropriate and may require that additional steps be taken within a specified deadline. II.4.3 The contractor declares that it has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, when such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, in so far as it serves as an incentive or reward relating to the performance of the FWC. II.4.4 The contractor shall pass on all the relevant obligations in writing to its personnel and to any natural person with the power to represent it or take decisions on its behalf and ensure that it is not placed in a situation which could give rise to conflicts of interest. The contractor shall also pass on all the relevant obligations in writing to third parties involved in the performance of the FWC including subcontractors. ARTICLE II.5 CONFIDENTIALITY II.5.1. The contracting authority and the contractor shall treat with confidentiality any information and documents, in any form, disclosed in writing or orally in relation to the performance of the FWC and identified in writing as confidential. The contractor shall: 25

66 (a) not use confidential information and documents for any purpose other than fulfilling its obligations under the FWC, order form or specific contract without prior written agreement of the contracting authority; (b) ensure the protection of such confidential information and documents with the same level of protection it uses to protect its own confidential information, but in no case any less than reasonable care; (c) not disclose directly or indirectly confidential information and documents to third parties without prior written agreement of the contracting authority. II.5.2 The confidentiality obligation set out in Article II.5.1 shall be binding on the contracting authority and the contractor during the performance of the FWC and for five years starting from the date of the payment of the balance unless: (a) the concerned party agrees to release the other party from the confidentiality obligation earlier; (b) the confidential information becomes public through other means than in breach of the confidentiality obligation through disclosure by the party bound by that obligation; (c) the disclosure of the confidential information is required by law. II.5.3 The contractor shall obtain from any natural person with the power to represent it or take decisions on its behalf, as well as from third parties involved in the performance of the FWC, order form or specific contract an undertaking that they will comply with the confidentiality obligation set out in Article II.5.1. ARTICLE II.6 PROCESSING OF PERSONAL DATA II.6.1 Any personal data included in the FWC shall be processed pursuant to Regulation (EC) 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. Such data shall be processed by the data controller solely for the purposes of the performance, management and monitoring of the FWC without prejudice to its possible transmission to the bodies charged with monitoring or inspection tasks in application of Union law. II.6.2 The contractor shall have the right to access its personal data and the right to rectify any such data. The contractor should address any queries concerning the processing of its personal data to the data controller. II.6.3 The contractor shall have right of recourse at any time to the European Data Protection Supervisor. II.6.4 Where the FWC requires the processing of personal data by the contractor, the contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data and the means by which the data subject may exercise his rights. II.6.5 The contractor shall grant its personnel access to the data to the extent strictly necessary for the performance, management and monitoring of the FWC. 26

67 II.6.6 The contractor undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to: (a) prevent any unauthorised person from gaining access to computer systems processing personal data, and especially: (i) unauthorised reading, copying, alteration or removal of storage media; (ii) unauthorised data input, as well as any unauthorised disclosure, alteration or erasure of stored personal data; (iii) unauthorised use of data-processing systems by means of data transmission facilities; (b) ensure that authorised users of a data-processing system can access only the personal data to which their access right refers; (c) record which personal data have been communicated, when and to whom; (d) ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by the contracting authority; (e) ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorisation; (f) design its organisational structure in such a way that it meets data protection requirements. ARTICLE II. 7 SUBCONTRACTING II.7.1 II.7.2 II.7.3 The contractor shall not subcontract without prior written authorisation from the contracting authority nor cause the FWC to be de facto performed by third parties. Even where the contracting authority authorises the contractor to subcontract to third parties, it shall nevertheless remain bound by its contractual obligations and shall be solely responsible for the proper performance of this FWC. The contractor shall make sure that the subcontract does not affect rights and guarantees granted to the contracting authority by virtue of this FWC, notably by Article II.18. ARTICLE II. 8 AMENDMENTS II.8.1 II.8.2 Any amendment to the FWC or order form or specific contract shall be made in writing before fulfilment of all contractual obligations. An order form or a specific contract may not be deemed to constitute an amendment to the FWC. The amendment may not have the purpose or the effect of making changes to the FWC or to order forms or specific contracts which might call into question the decision awarding the FWC, order form or specific contract or result in unequal treatment of tenderers or contractors. ARTICLE II. 9 ASSIGNMENT II.9.1 The contractor shall not assign the rights, including claims for payments, and obligations arising from the FWC, in whole or in part, without prior written authorisation from the contracting authority. 27

68 II.9.2 In the absence of such authorisation, or in the event of failure to observe the terms thereof, the assignment of rights or obligations by the contractor shall not be enforceable against the contracting authority and shall have no effect on it. ARTICLE II. 10 OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS II.10.1 Definitions In this FWC the following definitions apply: (1) 'results' means any intended outcome of the performance of the FWC which is delivered and finally accepted by the contracting authority; (2) 'creator' means any natural person who contributed to the production of the result and includes personnel of the contracting authority or a third party; (3) 'pre-existing rights' means any industrial and intellectual property rights, including background technology, which exist prior to the contracting authority or the contractor ordering them for the purpose of the FWC performance and include rights of ownership and use by the contractor, the creator, the contracting authority and any third parties. II.10.2 Ownership of the results The ownership of the results shall be fully and irrevocably acquired by the Union under the FWC including any rights in any of the results listed in the FWC and order forms or specific contracts. Those rights in the results may include copyright and other intellectual or industrial property rights, as well as all technological solutions and information contained within these technological solutions, produced in performance of the FWC. The contracting authority may exploit them as stipulated in this FWC or order forms or specific contracts. All the rights shall be acquired by the Union from the moment the results are delivered by the contractor and accepted by the contracting authority. Such delivery and acceptance are deemed to constitute an effective assignment of rights from the contractor to the Union. The payment of the price as set out in the order forms or specific contracts is deemed to include any fees payable to the contractor in relation to the acquisition of rights by the Union including all forms of use of the results. The acquisition of rights by the Union under this FWC covers all territories worldwide. Any intermediary sub-result, raw data, intermediary analysis made available by the contractor cannot be used by the contracting authority without the written consent of the contractor, unless the FWC or order form or specific contract explicitly provides for it to be treated as a self-contained result. II.10.3 Licensing of pre-existing rights The Union shall not acquire ownership of the pre-existing rights. The contractor shall license the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union which may use the pre-existing right as foreseen in Article I.8.1 or in order forms or specific contracts. All the pre-existing rights shall be licensed to the Union from the moment the results were delivered and accepted by the contracting authority. 28

69 The licensing of pre-existing rights to the Union under this FWC covers all territories worldwide and is valid for the whole duration of intellectual property rights protection. II.10.4 Modes of exploitation The Union shall acquire ownership of each of the results produced as an outcome of the FWC which may be used for any of the following purposes: (a) (b) (c) giving access upon individual requests without the right to reproduce or exploit, as provided for by Regulation 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents; storage of the original and copies made in accordance with this FWC or order form or specific contract; archiving in line with the document management rules applicable to the contracting authority. II.10.5 Identification and evidence of granting of pre-existing rights and rights of third parties When delivering the results, the contractor shall warrant that they are free of rights or claims from creators and third parties including in relation to pre-existing rights, for any use envisaged by the contracting authority. This does not concern the moral rights of natural persons. The contractor shall establish to that effect a list of all pre-existing rights and rights of creators and third parties on the results of this FWC or parts thereof. This list shall be provided no later than the date of delivery of the final results. In the result the contractor shall clearly point out all quotations of existing textual works. The complete reference should include as appropriate: name of the author, title of the work, date and place of publication, date of creation, address of publication on internet, number, volume and other information which allows the origin to be easily identified. Upon request by the contracting authority, the contractor shall provide evidence of ownership of or rights to use all the listed pre-existing rights and rights of third parties except for the rights owned by the Union. This evidence may refer, inter alia, to rights to: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how etc. (delivered in paper, electronic or other form), IT development tools, routines, subroutines and/or other programs ("background technology"), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin. The evidence shall include, as appropriate: (a) the name and version number of a software product; (b) the full identification of the work and its author, developer, creator, translator, data entry person, graphic designer, publisher, editor, photographer, producer; (c) a copy of the licence to use the product or of the agreement granting the relevant rights to the contractor or a reference to this licence; 29

70 (d) (e) a copy of the agreement or extract from the employment contract granting the relevant rights to the contractor where parts of the results were created by its personnel; the text of the disclaimer notice if any. Provision of evidence does not release the contractor from its responsibilities in case it is found that it does not hold the necessary rights, regardless of when and by whom this fact was revealed. The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results. II.10.6 Creators By delivering the results the contractor warrants that the creators undertake not to oppose that their names be recalled when the results are presented to the public and confirms that the results can be divulged. Names of authors shall be recalled on request in the manner communicated by the contractor to the contracting authority. The contractor shall obtain the consent of creators regarding the granting of the relevant rights and be ready to provide documentary evidence upon request. II.10.7 Persons appearing in photographs or films If natural, recognisable persons appear in a result or their voice is recorded the contractor shall submit a statement of these persons (or of the persons exercising parental authority in case of minors) where they give their permission for the described use of their image or voice on request by the contracting authority. This does not apply to persons whose permission is not required in line with the law of the country where photographs were taken, films shot or audio records made. II.10.8 Contractor's copyright for pre-existing rights When the contractor retains pre-existing rights on parts of the results, reference shall be inserted to that effect when the result is used as set out in Article I.8.1 with the following disclaimer: - year European Union. All rights reserved. Certain parts are licensed under conditions to the EU. II.10.9 Visibility of Union funding and disclaimer When making use of the results, the contractor shall declare that they have been produced within a framework contract with the Union and that the opinions expressed are those of the contractor only and do not represent the contracting authority's official position. The contracting authority may waive this obligation in writing. ARTICLE II. 11 FORCE MAJEURE II.11.1 'Force majeure' means any unforeseeable and exceptional situation or event beyond the parties' control which prevents either of them from fulfilling any of their obligations under the FWC, which was not attributable to error or negligence on their part or on the part of subcontractors and which proves to be inevitable in spite of exercising due diligence. Any default of a service, defect in equipment or material or delays in making them available, unless they stem directly from a relevant case of 30

71 force majeure, as well as labour disputes, strikes or financial difficulties, cannot be invoked as force majeure. II.11.2 A party faced with force majeure shall formally notify the other party without delay, stating the nature, likely duration and foreseeable effects. II.11.3 The party faced with force majeure shall not be held in breach of its contractual obligations if it has been prevented from fulfilling them by force majeure. Where the contractor is unable to fulfil its contractual obligations owing to force majeure, it shall have the right to remuneration only for the tasks actually executed. II.11.4 The parties shall take all the necessary measures to limit any damage due to force majeure. ARTICLE II. 12 LIQUIDATED DAMAGES The contracting authority may impose liquidated damages should the contractor fail to complete its contractual obligations, also with regard to the required quality level, according to the tender specifications. Should the contractor fail to perform its contractual obligations within the time limits set by the FWC or the relevant order form or specific contract, then, without prejudice to the contractor's actual or potential liability or to the contracting authority's right to terminate the FWC or the relevant order form or specific contract, the contracting authority may impose liquidated damages for each and every calendar day of delay according to the following formula: 0.3 x (V/d) V is the price of the relevant purchase; d is the duration specified in the relevant order form or specific contract or, failing that, the period between the date specified in Article I.4.1 and the date of delivery or performance specified in the relevant order form or specific contract, expressed in calendar days The contractor may submit arguments against this decision within 30 days of receipt of the formal notification. In the absence of a reaction on its part or of written withdrawal by the contracting authority within 30 days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. The parties expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses incurred due to failure to fulfil obligations which may be reasonably anticipated. ARTICLE II. 13 SUSPENSION OF THE PERFORMANCE OF THE FWC II.13.1 Suspension by the contractor The contractor may suspend the performance of the FWC or order form or specific contract or any part thereof if a case of force majeure makes such performance impossible or excessively difficult. The contractor shall inform the contracting authority about the suspension without delay, giving all the necessary reasons and details and the envisaged date for resuming the performance of the FWC, order form or specific contract. 31

72 Once the circumstances allow resuming performance, the contractor shall inform the contracting authority immediately, unless the contracting authority has already terminated the FWC, order form or specific contract. II.13.2 Suspension by the contracting authority The contracting authority may suspend the performance of the FWC or order form or specific contract or any part thereof: (a) if the FWC or order form or specific contract award procedure or the performance of the FWC prove to have been subject to substantial errors, irregularities or fraud; (b) in order to verify whether presumed substantial errors, irregularities or fraud have actually occurred. Suspension shall take effect on the day the contractor receives formal notification, or at a later date provided in the notification. The contracting authority shall as soon as possible give notice to the contractor to resume the service suspended or inform the contractor that it is proceeding with termination of the FWC or order form or specific contract. The contractor shall not be entitled to claim compensation on account of suspension of the FWC or order form or specific contract or of part thereof. ARTICLE II. 14 TERMINATION OF THE FWC II.14.1 Grounds for termination The contracting authority may terminate the FWC, an order form or a specific contract respectively in the following circumstances: (a) (b) (c) (d) (e) if a change to the contractor s legal, financial, technical or organisational or ownership situation is likely to affect the performance of the FWC or order form or specific contract substantially or call into question the decision to award the FWC; if execution of the tasks under a pending order form or a specific contract has not actually commenced within 15 days of the date foreseen, and the new date proposed, if any, is considered unacceptable by the contracting authority, taking into account article II.8.2; if the contractor does not perform the FWC or an order form or specific contract as established in the tender specifications or request for service or fails to fulfil another substantial contractual obligation; termination of three of more order forms or specific contracts on this ground shall constitute ground for termination of the FWC; in the event of force majeure notified in accordance with article II.11 or if the performance of the FWC or order form or specific contract has been suspended by the contractor as a result of force majeure, notified in accordance with article II.13, where either resuming performance is impossible or the modifications to the FWC or order form or specific contract might call into question the decision awarding the FWC or order form or specific contract, or result in unequal treatment of tenderers or contractors; if the contractor is declared bankrupt, is being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, 32

73 or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (f) (g) (h) (i) (j) (k) (l) if the contractor or any natural person with the power to represent it or take decisions on its behalf has been found guilty of professional misconduct proven by any means; if the contractor is not in compliance with its 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 it is established or with those of the country of the applicable law of this FWC or those of the country where the FWC is to be performed; if the contracting authority has evidence that the contractor or any natural persons with the power to represent it or take decisions on its behalf have committed fraud, corruption, or are involved in a criminal organisation, money laundering or any other illegal activity detrimental to the Union's financial interests; if the contracting authority has evidence that the contractor or any natural persons with the power to represent it or take decisions on its behalf have committed substantial errors, irregularities or fraud in the award procedure or the performance of the FWC, including in the event of submission of false information; if the contractor is unable, through its own fault, to obtain any permit or licence required for performance of the FWC or order form or specific contract; if the needs of the contracting authority change and it no longer requires new services under the FWC; when due to the termination of the FWC with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition. II.14.2 Procedure for termination When the contracting authority intends to terminate the FWC or order form or specific contract it shall formally notify the contractor of its intention specifying the grounds thereof. The contracting authority shall invite the contractor to make any observations and, in the case of point (c) of Article II.14.1, to inform the contracting authority about the measures taken to continue the fulfilment of its contractual obligations, within 30 days from receipt of the notification. If the contracting authority does not confirm acceptance of these observations by giving written approval within 30 days of receipt, the termination procedure shall proceed. In any case of termination the contracting authority shall formally notify the contractor about its decision to terminate the FWC or order form or specific contract. In the cases referred to in points (a), (b), (c), (e), (g), (j), (k) and (l) of Article II.14.1 the formal notification shall specify the date on which the termination takes effect. In the cases referred to in points (d), (f), (h), and (i) of Article II.14.1 the termination shall take effect on the day following the date on which notification of termination is received by the contractor. II.14.3 Effects of termination In the event of termination, the contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the notification 33

74 of termination, the contractor shall take all the appropriate measures to minimise costs, prevent damages, and cancel or reduce its commitments. The contractor shall have 60 days from the date on which termination takes effect to draw up the documents required by the special conditions or order forms or specific contracts for the tasks already executed on the date of termination and produce an invoice if necessary. The contracting authority may recover any amounts paid under the FWC. The contracting authority may claim compensation for any damage suffered in the event of termination. On termination the contracting authority may engage any other contractor to execute or complete the services. The contracting authority shall be entitled to claim from the contractor all extra costs incurred in this regard, without prejudice to any other rights or guarantees it may have under the FWC. ARTICLE II. 15 REPORTING AND PAYMENTS II.15.1 Date of payment Payments shall be deemed to be effected on the date when they are debited to the contracting authority's account. II.15.2 Currency The FWC shall be in euros. Payments shall be executed in euros or in the local currency as provided for in Article I.5. Conversion between the euro and another currency shall be made according to the daily euro exchange rate published in the Official Journal of the European Union or, failing that, at the monthly accounting exchange rate established by the European Commission and published on its website, applicable on the day on which the payment order is issued by the contracting authority. II.15.3 Costs of transfer The costs of the transfer shall be borne in the following way: (a) costs of dispatch charged by the bank of the contracting authority shall be borne by the contracting authority, (b) cost of receipt charged by the bank of the contractor shall be borne by the contractor, (c) costs for repeated transfer caused by one of the parties shall be borne by the party causing repetition of the transfer. II.15.4 Invoices and Value Added Tax Invoices shall contain the contractor's identification, the amount, the currency and the date, as well as the FWC reference and reference to the order form or specific contract. Invoices shall indicate the place of taxation of the contractor for value added tax (VAT) purposes and shall specify separately the amounts not including VAT and the amounts including VAT. 34

75 The contracting authority is, as a rule, exempt from all taxes and duties, including VAT, pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union. The contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the supplies and services required for performance of the FWC are exempt from taxes and duties, including VAT exemption. II.15.5 Pre-financing and performance guarantees Pre-financing guarantees shall remain in force until the pre-financing is cleared against interim payments or payment of the balance and, in case the latter takes the form of a debit note, three months after the debit note is notified to the contractor. The contracting authority shall release the guarantee within the following month. Performance guarantees shall cover performance of the service in accordance with the terms set out in the request for services until its final acceptance by the contracting authority. The amount of the performance guarantee shall not exceed the total price of the order form or specific contract. The guarantee shall provide that it remains in force until final acceptance. The contracting authority shall release the guarantee within a month following the date of final acceptance. Where, in accordance with Article I.4, a financial guarantee is required for the payment of pre-financing, or as performance guarantee, it shall fulfil the following conditions: (a) the financial guarantee is provided by a bank or an approved financial institution or, at the request of the contractor and agreement by the contracting authority, by a third party; (b) the guarantor stands as first-call guarantor and does not require the contracting authority to have recourse against the principal debtor (the contractor). The cost of providing such guarantee shall be borne by the contractor. II.15.6 Interim payments and payment of the balance The contractor shall submit an invoice for interim payment upon delivery of intermediary results, accompanied by a progress report or any other documents, as provided for in Article I.4 or in the tender specifications or in the order form or specific contract. The contractor shall submit an invoice for payment of the balance within 60 days following the end of the period referred to in Article III.2.2, accompanied by a final progress report or any other documents provided for in Article I.4 or in the tender specifications or in the order form or specific contract. Upon receipt, the contracting authority shall pay the amount due as interim or final payment, within the periods specified in Article I.4, provided the invoice and documents have been approved and without prejudice to Article II Approval of the invoice and documents shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information they contain. Payment of the balance may take the form of recovery. 35

76 II.15.7 Suspension of the time allowed for payment The contracting authority may suspend the payment periods specified in Article I.4 at any time by notifying the contractor that its invoice cannot be processed, either because it does not comply with the provisions of the FWC, or because the appropriate documents have not been produced. The contracting authority shall inform the contractor in writing as soon as possible of any such suspension, giving the reasons for it. Suspension shall take effect on the date the notification is sent by the contracting authority. The remaining payment period shall start to run again from the date on which the requested information or revised documents are received or the necessary further verification, including on-the-spot checks, is carried out. Where the suspension period exceeds two months, the contractor may request the contracting authority to justify the continued suspension. Where the payment periods have been suspended following rejection of a document referred to in the first paragraph and the new document produced is also rejected, the contracting authority reserves the right to terminate the order form or specific contract in accordance with Article II.14.1(c). II.15.8 Interest on late payment On expiry of the payment periods specified in Article I.4, and without prejudice to Article II.15.7, the contractor is entitled to interest on late payment at the rate applied by the European Central Bank for its main refinancing operations in Euros (the reference rate) plus eight points. The reference rate shall be the rate in force on the first day of the month in which the payment period ends, as published in the C series of the Official Journal of the European Union. The suspension of the payment period in accordance with Article II.15.7 may not be considered as a late payment. Interest on late payment shall cover the period running from the day following the due date for payment up to and including the date of actual payment as defined in Article II However, when the calculated interest is lower than or equal to EUR 200, it shall be paid to the contractor only upon request submitted within two months of receiving late payment. ARTICLE II REIMBURSEMENTS II.16.1 Where provided by the special conditions or by the tender specifications, the contracting authority shall reimburse the expenses that are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets, or failing that, on production of copies or scanned originals, or on the basis of flat rates. II.16.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the shortest itinerary and the minimum number of nights necessary for overnight stay at the destination. II.16.3 Travel expenses shall be reimbursed as follows: (a) travel by air shall be reimbursed up to the maximum cost of an economy class ticket at the time of the reservation; 36

77 (b) (c) travel by boat or rail shall be reimbursed up to the maximum cost of a first class ticket; travel by car shall be reimbursed at the rate of one first class rail ticket for the same journey and on the same day; In addition, travel outside Union territory shall be reimbursed provided the contracting authority has given its prior written consent. II.16.4 Subsistence expenses shall be reimbursed on the basis of a daily subsistence allowance as follows: (a) (b) (c) (d) (e) for journeys of less than 200 km for a return trip, no subsistence allowance shall be payable; daily subsistence allowance shall be payable only on receipt of supporting documents proving that the person concerned was present at the destination; daily subsistence allowance shall take the form of a flat-rate payment to cover all subsistence expenses, including meals, local transport which includes transport to and from the airport or station, insurance and sundries; daily subsistence allowance shall be reimbursed at the flat rates specified in Article I.3; accommodation shall be reimbursed on receipt of supporting documents proving the necessary overnight stay at the destination, up to the flat-rate ceilings specified in Article I.3. II.16.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed provided the contracting authority has given prior written authorisation. II Conversion between the euro and another currency shall be made as specified in Article II ARTICLE II. 17 RECOVERY II.17.1 If an amount is to be recovered under the terms of the FWC, the contractor shall repay the contracting authority the amount in question according to the terms and by the date specified in the debit note. II.17.2 If the obligation to pay the amount due is not honoured by the date set by the contracting authority in the debit note, the amount due shall bear interest at the rate indicated in Article II Interest on late payments shall cover the period from the day following the due date for payment up to and including the date when the contracting authority receives the full payment of the amount owed. Any partial payment shall first be entered against charges and interest on late payment and then against the principal amount. II.17.3 If payment has not been made by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic 37

78 Energy Community or by calling in the financial guarantee, where provided for in Article I.4 or in the specific contract. ARTICLE II. 18 CHECKS AND AUDITS II.18.1 The contracting authority and the European Anti-Fraud Office may check or have an audit on the performance of the FWC. It may be carried out either directly by their own staff or by any other outside body authorised to do so on their behalf. Such checks and audits may be initiated during the performance of the FWC and during a period of five years which starts running from the date of expiry of the FWC. The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by the contracting authority. Audits shall be carried out on a confidential basis. II.18.2 The contractor shall keep all original documents stored on any appropriate medium, including digitised originals when they are authorised by national law and under the conditions laid down therein, for a period of five years which starts running from the date of expiry of the FWC. II.18.3 The contractor shall allow the contracting authority's staff and outside personnel authorised by the contracting authority the appropriate right of access to sites and premises where the FWC is performed and to all the information, including information in electronic format, needed in order to conduct such checks and audits. The contractor shall ensure that the information is readily available at the moment of the check or audit and, if so requested, that information be handed over in an appropriate form. II.18.4 On the basis of the findings made during the audit, a provisional report shall be drawn up. It shall be sent to the contractor, which shall have 30 days following the date of receipt to submit observations. The final report shall be sent to the contractor within 60 days following the expiry of that deadline. On the basis of the final audit findings, the contracting authority may recover all or part of the payments made and may take any other measures which it considers necessary. II.18.5 By virtue of Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspection carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities and Regulation (EC) No 1073/1999 of the European Parliament and the Council of 25 May 1999 concerning investigation conducted by the European Anti- Fraud Office (OLAF), the OLAF may also carry out on-the-spot checks and inspections in accordance with the procedures laid down by Union law for the protection of the financial interests of the Union against fraud and other irregularities. Where appropriate, the findings may lead to recovery by the contracting authority. II.18.6 The Court of Auditors shall have the same rights as the contracting authority, notably right of access, for the purpose of checks and audits. 38

79 SPECIFIC CONTRACT No [complete] implementing Framework contract No [complete] The European Union (hereinafter referred to as "the Union"), represented by the European Commission (hereinafter referred to as "the contracting authority"), represented for the purposes of the signature of this specific contract by [forename, surname, function, department], on the one part, and [full official name] [official legal form] [statutory registration number] [full official address] [VAT registration number] (hereinafter referred to as "the contractor"), [represented for the purposes of the signature of this specific contract by [forename, surname and function,]] [The parties identified above and hereinafter collectively referred to as the contractor shall be jointly and severally liable vis-à-vis the contracting authority for the performance of this specific contract.] on the other part, 39

80 ARTICLE III.1: SUBJECT MATTER HAVE AGREED III.1.1 This specific contract implements Framework Contract (FWC) No [complete] signed by the contracting authority and the contractor on [complete date]. III.1.2 The subject matter of this specific contract is [short description of subject]. [This specific contract relates to lot [complete] of the FWC.] III.1.3 The contractor undertakes, in accordance with the terms set out in the FWC and in this specific contract and the annex[es] thereto, which form an integral part thereof, to perform the [following tasks:] [tasks specified in Annex [complete].] ARTICLE III.2: ENTRY INTO FORCE AND DURATION III.2.1 This specific contract shall enter into force [on the date on which it is signed by the last party] [on [insert date] if it has already been signed by both parties]. III.2.2 The duration of the execution of the tasks shall not exceed [complete] [days][months]. Execution of the tasks shall start from [the date of entry into force of this specific contract] [insert date]. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses. ARTICLE III.3: PRICE III.3.1 The maximum total price to be paid under this specific contract shall be EUR [amount in figures and in words] covering all tasks executed. III.3.2 In addition to the maximum total price [expenses up to the amount of EUR [amount in figures and in words] shall be reimbursed according to the provisions of the FWC]. *** [Option: for contractors for which VAT is due in Belgium] [Where VAT is due in Belgium, the provisions of this specific contract constitute a request for VAT exemption No 450, Article 42, paragraph 3.3 of the VAT code (circular 2/1978), provided the contractor includes the following statement in the invoice(s): Exonération de la TVA, Article 42, paragraphe 3.3 du code de la TVA (circulaire 2/1978) or an equivalent statement in the Dutch or German language.] [Option: for contractors for which VAT is due in Luxembourg] [Where VAT is due in Luxembourg, the contractor shall include the following statement in the invoices: "Commande destinée à l'usage officiel de l'union européenne. Exonération de la TVA Article 43 1 k 2ième tiret de la loi modifiée du " In case of intra-community purchases, the statement to be included in the invoices is: "For the official use of the European Union. VAT Exemption / European Union/ Article 151 of Council Directive 2006/112/EC."] 40

81 ARTICLE III.4: PERFORMANCE GUARANTEE [Not applicable] ARTICLE III.5: USE OF RESULTS [Not applicable] [Insert details on the intended use of results linked to the specific request for service supplementing or replacing clause I.8 of the special conditions] ANNEXES Request for service Contractor s specific tender (No [complete] 25 of [insert date]) SIGNATURES For the contractor, [Company name/forename/surname/function] For the contracting authority, [forename/surname/function] signature[s]: signature[s]: Done at [Brussels], [date] Done at [Brussels], [date] In duplicate in English. 25 Number to be inserted in case of multiple framework contract with reopening of competition. 41

82 Annex A Statement of contractor concerning right to delivered result I, [insert name of the authorised representative of the contractor] representing [insert name of the contractor], party to the [specific] contract [insert title and/or number] warrant that the contractor holds all transferred rights to the delivered [insert title and/or description of result] which [is][are] free of any claims of third parties. The above-mentioned results were prepared by [insert names of creators]. The creators transferred all their relevant rights to the results to [insert name of the entity that received rights from the creators] [through a contract of [insert date]] [a relevant extract of which is] herewith attached. The creators [received all their remuneration on [insert date]] [will receive all their remuneration as agreed within [complete] weeks from [delivery of this statement.] [receipt of confirmation of acceptance of the work]. [The statement of the creators confirming payment is attached]. Date, place, signature Annex B Statement of creator / intermediary in delivery of the [title of the result] within the [framework] contract No [complete] [Specific contract No [complete]] concluded between the contracting authority and [name of the contractor(s)] I, [insert name of the authorised representative of the intermediary] representing [insert name of the intermediary] state that I am the right holder of: [identify the relevant parts of the result] [which I created] [for which I received rights from [insert name]]. I am aware of the above [framework] contract, especially Articles I.8, II.10 and I confirm that I transferred all the relevant rights to [insert name]. I declare that [I received full remuneration] [I agreed to receive remuneration by [insert date]]. [As creator, I also confirm that I do not oppose my name being recalled when the results are presented to the public and confirm that the results can be divulged.] Date, place, signature 42

83 Annex I Tender Specifications (Invitation to Tender No [complete] of [insert date]) 43

84 Annex II Contractor's Tender (No [complete] of [insert date]) 44

85 45