Restricted procedure - August 2016
TENDER SPECIFICATIONS
No EEAS-577-DELWBGJ-SER-FWC
Security services for the Office of the European Union Representative
(West Bank and Gaza Strip, UNRWA)
RESTRICTED PROCEDURE
IMPORTANT INFORMATION!!
Due to its confidential nature the complete technical specifications cannot be
disclosed to all candidates but only to the ones successful in the first stage of this
procedure.
DO NOT SUBMIT the technical and financial offers at this first stage. Only the
candidates receiving a second letter with the invitation to tender and the complete
technical specifications at the second stage will be invited to submit its technical and
financial offers. For the details, please see point 3 of this document.
Table of Contents
1.
INTRODUCTION ....................................................................................................... 3
2.
SUBJECT OF THE CONTRACT ............................................................................... 3
3.
DESCRIPTION OF PUBLIC PROCUREMENT PROCEDURE .............................. 4
4.
GROUPS OF ECONOMIC OPERATORS AND SUBCONTRACTING ................. 4
4.1. Joint tender ........................................................................................................ 5
4.2.
Subcontracting ................................................................................................... 5
5.
ELIGIBILITY OF ECONOMIC OPERATORS ......................................................... 6
5.1. Access to public procurement ........................................................................... 6
5.2.
Non-exclusion of economic operators ............................................................... 6
5.3.
Selection of economic operators ....................................................................... 7
5.3.1.
Legal and regulatory capacity criteria and evidence ........................... 7
5.3.2.
Economic and financial capacity criteria and evidence....................... 8
5.3.3.
Technical and professional capacity criteria and evidence ................. 9
6.
TECHNICAL SPECIFICATIONS ............................................................................ 11
7.
EVALUATION OF TENDERS ON THE BASIS OF THE AWARD
CRITERIA ................................................................................................................. 11
7.1. Technical tender .............................................................................................. 11
7.2.
Financial tender ............................................................................................... 13
7.3.
Calculation of the overall score ....................................................................... 14
8.
CONTENT OF THE REQUEST TO PARTICIPATE .............................................. 14
2
1.
INTRODUCTION
The contracting authority is the European Union (hereinafter referred to as "contracting
authority"), represented by the Head of the Office of the European Union Representative
(West Bank and Gaza Strip, UNRWA) or its duly authorized representative.
The contracting authority plans to conclude a framework service contract with a
company specialising in the security of persons and property for the provision of
integrated security services, security guard force, close protection team, security
equipment, maintenance and monitoring services, in accordance with the specifications
set out in the procurement documents.
The framework contract sets out the main elements of the above mentioned services but
the precise volume (number of units) and timing of the delivery cannot be defined at the
time of its signature. It means that the framework contract does not raise direct
obligations on the contracting authority. When the need arises, the framework contract is
implemented through the signature of specific contracts or order forms. Each specific
contract or order form is awarded within the limits of the terms laid down in the
framework contract and its annexes and no substantial changes are allowed. The specific
contract or order form states the services amongst those foreseen in these tender
specifications, their volume, the corresponding total price and the time of delivery. The
specific contract or order form creates a direct obligation on the contracting authority at
the time of its signature.
When drawing up their tenders, tenderers shall take into account the provisions in these
tender specifications, in the letter of invitation to tender as well as in the framework
contract, which specify the rights and obligations of the contractor, particularly those on
payments, performance of the contract, confidentiality, checks and audits.
The model framework contract that will be used for this contract is attached to the letter
of invitation to participate in Annex 2. These tender specifications and the tender
submitted by the awardee of the contract will be annexed to the contract and therefore be
binding on the contracting parties during the implementation of the contract.
2.
SUBJECT OF THE CONTRACT
The Contractor must provide the human and material resources necessary to ensure the
security of persons and assets under the contracting authority responsibility. The main
services to be provided are:
− Control visitor access to buildings occupied by the Office of the European
Union Representative (West Bank and Gaza Strip, UNRWA) and some of its
staff, including offices and annexes, the Residence of the Head of Office of
the European Union Representative (West Bank and Gaza Strip, UNRWA)
and the accommodation of expatriate staff;
− Clearance of all bags, inspection of mail, deliveries and packages before they
are taken into the premises;
− Keep these buildings under general surveillance so as to prevent any intrusion
or attack on persons or property;
3
− Establish regular links between the sites under surveillance through regular
patrols and periodic radio checks between the central office and the various
sites;
− Establish a rapid response force should there be an accident or incident;
− Maintenance of equipment and materials (including the weapons, radio
network and vehicles) to ensure their smooth operation at all times;
− Implementation of mobile security teams to protect EU staff in the course of
their duties outside the EU Representation office;
− Assist persons in danger;
− Setting up of a system to verify the satisfactory performance of the contract
(monitoring attendance and continuity of service, definition of the procedures
in certain situations, etc.), the satisfactory quality of the services provided and
to ensure a correct and comprehensive reporting (including incident reports).
The place of performance is mainly at the of the Office of the European Union
Representative (West Bank and Gaza Strip, UNRWA) and the residence of the Head of
the Office of the European Union Representative (West Bank and Gaza Strip, UNRWA).
3.
DESCRIPTION OF PUBLIC PROCUREMENT PROCEDURE
This tender will be taking place in two stages, as follows:
A. First stage (selection stage):
In order to participate, candidates shall submit a letter presenting the name of the
candidate, including all entities in case of a group and the name of the single contact
person in relation to this request. An e-mail address and/or a fax number of the candidate
shall be provided. It is the responsibility of the candidate to regularly consult the e-mails
received.
In an annex to this letter, candidates shall submit all the information requested in point 5.
"Eligibility of economic operators" of the tender specifications, namely evidence on the
access to public procurement, declaration on honour on exclusion criteria and evidence
on selection criteria.
B. Second stage:
Candidates shortlisted at the end of the selection stage (every economic operator
complying with the access, exclusion and selection criteria evaluated during the selection
stage) shall be invited to submit a tender. The following procurement documents will be
sent to them directly:
- the letter of invitation to tender,
- the technical specifications.
Only at this second stage the tenderer submits its technical and financial offers.
4.
GROUPS OF ECONOMIC OPERATORS AND SUBCONTRACTING
Tenders or requests to participate can be submitted by a single economic operator or
jointly by two or more economic operators.
4
4.1.
Joint tender
A joint tender is a situation where a tender is submitted by a group of economic
operators; in other words, by several legal entities (natural or legal persons) regardless of
the link they may have between them.
Each legal entity of the group shall assume joint and several liabilities with all its
resources towards the contracting authority for the fulfilment of the terms and conditions
of the contract.
The group shall nominate one legal entity (‘the leader’) who will have full authority to
bind the group and each of its members, and will be responsible for the administrative
management of the contract (invoicing, receiving payments, etc.) on behalf of all other
entities.
The cover letter to the request to participate and tender must be signed by the legal
representative of each legal entity of the group and will identify the leader with its name,
e-mail address and/or fax number.
The tender will clearly identify the division of tasks amongst the different members.
Any change in the composition of the group during the procurement procedure may lead
to the rejection of the tender. Any change in the composition of the group after the
signature of the contract may lead to the termination of the contract.
The group will not be required to adopt a specific legal form in order to submit a request
to participate or a tender.
The contract shall be signed by all legal entities or by the leader duly authorised to bind
the group and each of its members (a power of attorney in favour of the leader is to be
attached to the contract).
4.2.
Subcontracting
Subcontracting is allowed but the contractor will retain full liability towards the
contracting authority for implementation of the contract.
Tenderers must give an indication of the proportion of the contract that they intend to
subcontract and are required to identify all subcontractors whose share of the contract is
above 10%.
The subcontractors whose share of the contract is above 10% must comply with the same
exclusion and selection criteria on technical and professional capacity applicable to
tenderers and shall present the documentary evidence. If the candidate relies on the
capacity of a subcontractor to meet the legal and regulatory capacity, the subcontractor
shall present the documentary evidence indicated at point 5.3.1.
Any change in subcontracting during the procurement procedure may lead to the
rejection of the tender. Any change in subcontracting after the signature of the contract
may lead to the termination of the contract. During contract execution, the change of any
subcontractor identified in the tender will be subject to prior written approval of the
contracting authority (see art.II.10 of the framework contract).
5
5.
ELIGIBILITY OF ECONOMIC OPERATORS
5.1.
Access to public procurement
Participation in this tender procedure is open on equal terms to all natural and legal
persons:
- in one of the European Union Member States;
- in a third country which has a special agreement with the European Union in the
field of public procurement1 on the conditions laid down in the agreement;
- exceptionally, in the West Bank and Gaza Strip.
Participation is also open to international organisations.
Economic operators, including each member of a joint tender, must confirm that they
have their headquarters or domicile in one of the abovementioned States and present the
supporting evidence normally acceptable under their own law.
5.2.
Non-exclusion of economic operators
Economic operators who have access to public procurement are evaluated on the basis of
the information provided in their tenders for exclusion criteria.
Candidates shall provide a declaration on honour on exclusion criteria and selection
criteria (declaration on honour) attached to the tender specifications duly filled in, signed
and dated by the legally authorised representative.
The declaration on honour shall be provided by each member of the group in case of joint
tenders and by an entity on whose capacity the tenderer or candidate intends to rely by all
identified subcontractors whose share of the contract is above 10%.
Whenever requested by the contracting authority, the candidate or tenderer, as well as all
entities which provided the abovementioned declaration on honour, shall provide the
supporting documents confirming the declaration on honour.
The successful tenderer, including each member of the group in case of joint tender, to
whom the contract is to be awarded shall provide, within a time limit defined by the
contracting authority and preceding the signature of the contract, the evidence referred to
in paragraph "Evidence upon request", confirming the declaration on honour.
The contracting authority may waive the obligation for a candidate or tenderer to submit
the documentary evidence if it has already been submitted for another procurement
procedure and provided the documents were issued not more than one year earlier and
are still valid at the date of their request by the contracting authority. In such cases, the
candidate or tenderer must declare on its honour that the documentary evidence has
already been provided in a previous procurement procedure and confirm that there has
been no change in the situation.
1
FYROM, Albania, Montenegro, Serbia and Bosnia and Herzegovina (under the Stabilisation and Association
Agreement),
Iceland, Norway and
Liechtenstein (under the EEA Agreement);
Mexico, Chile, Colombia, Peru,
Ecuador, Iraq, and Central American countries of
Honduras, Nicaragua, Panama, Costa Rica, El Salvador and Guatemala.
6
The contracting authority may also waive the obligation for a candidate or tenderer to
submit the documentary evidence if it can access it on a national database free of charge.
5.3.
Selection of economic operators
Tenderers must prove their legal, regulatory, economic, financial, technical and
professional capacity to perform the services subject to this call for tender by meeting the
selection criteria and minimum requirements listed in points 5.3.1, 5.3.2 and 5.3.3
hereafter.
Each candidate shall submit the evidence on selection criteria in their request to
participate (first stage, see also point 3 of the tender specifications), respecting the
requirements of the summary tables here below.
The declaration on honour shall be provided by each member of the group in case of joint
tenders, by an entity on whose capacity it intends to rely and by all identified
subcontractors whose share of the contract is above 10%.
If an entity provides the whole or a very large part of the economic and financial capacity
to the tenderer, the contracting authority may demand that the said entity be jointly liable
for the performance of the contract. It may require that it signs the contract or that it
provides a joint and several first-demand guarantee, should that tenderer be awarded the
contract. If this entity is required to sign the contract, it has to have access to public
procurement and shall not be in an exclusion situation as indicated in point 5.1 and 5.2 of
the tender specifications.
5.3.1. Legal and regulatory capacity criteria and evidence
The economic operators are required to have the following:
Evidence on selection criteria: Legal and regulatory capacity
The criterion must be met by the
following economic operator(s)
"Economic operator" is an entity
5.3.1. Legal and regulatory capacity
which submits a tender or a request
to participate, including members of
a joint tender or subcontractor(s) (if
required under point 4.2
Subcontracting).
5.3.1 a) Evidence on enrolment in a relevant professional or trade At least one economic operator
register, except for international organisations.
involved in the request to participate
or in the tender separately
5.3.1 b) Statement from the relevant authority of the country in At least one economic operator
which the economic operator has its domicile or headquarters involved in the request to participate
proving that it is allowed to provide integrated security services, or in the tender separately
security guard force, close protection team, security equipment,
installation, maintenance and monitoring services described under
point 2 in that country.
7
According to the Israeli law, the awardee of the contract will have to supply a licence and
an attestation of registration of a commercial establishment to operate and work as a
company specialized in the security of persons and property for the provision of
integrated security services, security guard force, close protection team, security
equipment, maintenance and monitoring services in Israel at the latest before the contract
is signed.
5.3.2. Economic and financial capacity criteria and evidence
Tenderers must prove the financial and economic capacity to perform this contract by
meeting the following criteria:
Evidence on selection criteria: Economic and financial capacity
The criterion must be met by the
following economic operator(s)
"Economic operator" is an entity
which submits a tender or a request
5.3.2. Economic and financial capacity
to participate, including members of
a joint tender or subcontractor(s) (if
required
under
point
4.2
Subcontracting).
5.3.2 a) Financial statements or their extracts for the last three At least one economic operator
financial years for which accounts have been closed
involved in the request to participate
or in the tender separately
Minimum capacity level required:
At least one economic operator
The financial statements shall contain a balance sheet and a involved in the request to participate
statement of income. If the extracts are provided, the information or in the tender separately
in them shall correspond to the information usually provided in a
balance sheet and a statement of income.
5.3.2 b) A declaration of the annual overall turnover of each of the At least one economic operator
last three financial years for which accounts have been closed
involved in the request to participate
or in the tender separately
Minimum capacity level required:
At least one economic operator
involved in the request to participate
The amounts declared for the overall turnover, at least, must be or in the tender separately
verifiable with the amounts in the financial statements submitted
under point 5.3.2 a) above
5.3.2 c) A declaration of the annual turnover concerning the At least one economic operator
security services subject to this tender (see the list under point 2) of involved in the request to participate
each of the last three financial years for which accounts have been or in the tender separately
closed concerning the same legal entity as under points a) and b)
8
above.
Minimum capacity level required:
The average annual turnover concerning the services subject to this
tender (see the list under point 2) for the last three financial years
Cumulative for all economic
for which accounts have been closed must be at least EUR
operators involved in the request to
2.000.000 [Two million Euros]. The exchange rate used to convert
participate or in the tender
the turnover into euros will be the rate of December of the year of
the
financial
statement
as
published
at
http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeur
o/inforeuro_en.cfm.
The declarations b) and c) may have a form of the following table:
Average for
Year 2014
Year 2015
Year 2016
these three
years
Annual overall
turnover
Annual turnover
concerning
the
services subject
to this tender
5.3.3. Technical and professional capacity criteria and evidence
9
Restricted procedure - August 2016
Tenderers must prove the technical and professional capacity to perform this contract by
meeting the following criteria:
Evidence on selection criteria: Technical and professional capacity
The criterion must be met by the
following economic operator(s)
"Economic operator" is an entity
which submits a tender or a request
5.3.3. Technical and professional capacity
to participate, including members of
a joint tender or subcontractor(s) (if
required under point 4.2
Subcontracting).
5.3.3 a) A list of the security services contracts of the economic At least one economic operator
operator in the fields related to the services indicated under point 2, involved in the request to participate
concerning at least one of the past three financial years for which or in the tender separately
financial statements have been submitted (see point 5.3.2 a)). Each
contract from the list must specify the annual contract value, the
duration (start and end date) and the client.
Minimum capacity level required:
The economic operator must provide at least four clients' reference
Cumulative for all economic
letters in the fields related to the security services indicated in point
operators involved in the request to
2 during at least one of the last three financial years specifying
participate or in the tender
whether the services have been carried out in a professional manner
in compliance with the contractual terms. These proofs letters must
relate to any of the services included in the list under point a).
5.3.3 b) A declaration on the average annual manpower employed
by the economic operator in each of the last three financial years for
which financial statements have been submitted (see point 5.3.2 a)):
At least one economic operator
-
in total,
involved in the request to participate
or in the tender separately
-
in the fields related to security services as described under
point 2.
Minimum capacity level required:
The average annual number of staff in the fields related to security
Cumulative for all economic
services as described under point 2 over the last three financial
operators involved in the request to
years for which financial statements have been submitted (see point
participate or in the tender
5.3.2 a)) must be at least 300.
The declaration b) may have a form of the following table:
Year 2014
Year 2015
Year 2016
Average for
these three
years
Average annual
manpower
in
total
Average annual
manpower in the
fields related to
the services as
described under
point 2
6.
TECHNICAL SPECIFICATIONS
In order to protect the confidential nature of information contained in the tender
specifications, the contracting authority will disclose the complete content of the
technical specifications only to the candidates shortlisted at the end of the selection stage
(every economic operator complying with the access, exclusion and selection criteria
evaluated during the selection stage).
Only the tenderers receiving the invitation to
tender and the technical specifications at the second stage will submit its technical
and financial offers.
7.
EVALUATION OF TENDERS ON THE BASIS OF THE AWARD CRITERIA
The technical compliance will be evaluated based on the "Checklist on minimum
technical requirements" at Annex 1. The tenderers shall provide the checklist duly
completed, dated and signed.
The technically compliant tenders are evaluated in order to award the contract to the
tender offering the best price quality ratio. For this purpose, the tender will be evaluated
technically and financially.
7.1.
Technical tender
The technical quality of the tenders will be evaluated on the basis of the documents
provided by the tenderers in the technical tender with regard to the award criteria
described in the table below.
Technical award criteria
Max.
Description
number
Criteria and subcriteria
No
points
1
Organisation
of
the
(20 points–
• Sub-criterion 1.1 (6 points – minimum
services
minimum
threshold 50%): How does the tenderer
threshold
commit to organise the posts and the
This criterion will enable to
60%)
other services including the allocation
assess the organisation of the
of tasks amongst different members of
11
services
offered
by
the
a joint tender or subcontractors?
tender,
including
the
different members of a joint
• Sub-criterion 1.2 (5 points – minimum
tender and the resort to
threshold
50%):
How
does
the
subcontractors.
Tenderers
proposed rotation/shift system fit with
will develop in detail the
the service requirements?
organisation they offer in
particular provide detailed
• Sub-criterion 1.3 (5 points – minimum
information
for
each
threshold
50%):
What
are
the
questions.
advantages
of
the
organisation
proposed
compared
with
other
It also assesses the global
alternatives?
allocation
of
time
and
resources to the contract and
• Sub-criterion 1.4 (4 points – minimum
to each service, and whether
threshold 50%): What are the measures
this allocation is adequate for
to ensure service continuity in the event
the
performance
of
the
of unplanned absence by one or more
services.
security guards?
The tender shall provide
details on the allocation of
time and resources and the
rationale behind the choice
of this allocation.
2
Organisation of services in
(20 points–
• Sub-criterion 2.1 (7 points – minimum
case of a serious incident
minimum
threshold 50%): What measures will be
threshold
deployed to deal with a serious incident
This criterion will enable the
60%)
or major crisis?
assessment of the organisation
of the services by the tenderer
• Sub-criterion 2.2 (7 points – minimum
in case of a serious incident,
threshold 50%): What human and
including
the
different
material resources would be deployed
members of a consortium and
to intervene in the shortest time limit
the resort to subcontractors.
and how would they be deployed?
Tenderers will develop in detail
the organisation they propose
•
and
in
particular
provide
Sub-criterion 2.3 (6 points – minimum
detailed information for each of
threshold 50%): What is the maximum
the questions.
intervention time?
3
Quality monitoring and (20 points – How are the services monitored and evaluated
evaluation of services
minimum
in order to guarantee the quality of the
threshold
services provided?
This criterion will enable the
60%)
assessment
of
the
control
measures applied to guarantee
the quality of the services to be
performed under this contract.
4
Tenderer's
staff
loyalty (20 points – • Sub-criterion 4.1 (10 points – minimum
programme
minimum
threshold 50%): What measures will be
threshold
implemented to motivate the guards to
12
This criterion will enable the
60%)
be deployed ?
assessment of the tenderer's
staff loyalty programme in
• Sub-criterion 4.2 (5 points – minimum
order to ensure staff loyalty
threshold 50%): What incentives are
and motivation.
foreseen for the guards to be deployed?
Tenderers will describe any
incentives granted to the
• Sub-criterion 4.3 (5 points – minimum
security guards who would
threshold 50%): What incentives are
be
deployed
under
this
foreseen
for
international
Close
contract such as financial
Protection Officers?
bonuses,
allowances,
promotion, training, medical
coverage and any other
initiatives
designed
to
motivate the guards and
encourage their loyalty to the
tenderer.
5
Armed security guards
(20 points –
minimum
• Sub-criterion 5.1 (10 points – minimum
This criterion will enable the
threshold
threshold 50%): What measures will be
assessment of the tenderer's
60%)
used for the management, storage,
protocol on the use and
maintenance
and
proper
use
of
maintenance
of
weapons,
weapons (licences and permits to carry
instructions, training, practice
weapons, secure storage of weapons,
programme, storage, licenses,
procedures, protocols, etc.)
permits, etc.
• Sub-criterion 5.2 (10 points – minimum
threshold 50%): What specific training
and practice programme will be
followed by the guards carrying arms
under this contract?
TOTAL
100
Any tender not scoring the minimum quality threshold of 6
0% of the points for each
criterion and 50% of the points for each sub-criterion and 7
0 points for all the criteria
combined will be eliminated.
7.2.
Financial tender
Only the financial tenders submitted by those tenderers who have submitted technically
compliant tenders meeting the minimum technical requirements will be opened.
The prices for the tender must be tendered:
-
in EUR;
-
free of all duties, taxes and other charges, including VAT, as the European Union is
exempt from such charges under the Vienna convetion of 18 April 1961 on
diplomatic relations;
13
-
all inclusive. This means that, unless otherwise mentioned in these tender
specifications, prices tendered for shall include all the costs to be incurred by the
tenderers in order to provide the services;
-
using the unit price schedule (Annex A) and the price scenario tables in annex
(Annex B). Any change in the table(s) as annexed to these tender specifications will
lead to the rejection of the tender.
During the validity of the tender and the implementation of the contract, prices cannot be
revised. During the implementation of the contract, they can however be indexed in
conformity with art. I.5.2 of the framework contract.
The unit price schedule (Annex A) is binding during implementation of the contract. The
price "scenario" is an estimate by the contracting authority of the quantities of the services
over the duration of the contract in order to compare the financial tenders.
When completing the scenario, tenderers will specify the same unit prices tendered for in
the unit price schedule, will multiply them by the quantities indicated by the contracting
authority for each item and will calculate the total price.
Only the financial tenders submitted by those tenderers who have obtained an overall
technical score of 7
0 points or more and at least
60% of the maximum score allocated for
each individual criterion and 50% of the points for each subcriterion will be opened.
Financial tenders will then be checked for arithmetical accuracy. Where arithmetical
errors are found, tenderers will be requested to correct them.
7.3.
Calculation of the overall score
The tender chosen will be that which offers the best price quality ratio among the
technically compliant tenders, namely the tender obtaining the best overall score Pi
calculated as follows where the weighting is 70% for the quality and 30% for the price:
Pi = Ti * 0.70 + Fi * 0.30
Ti = (technical quality score of the tender under consideration / score of the best
technical quality tender ) * 100
Fi = (cheapest total price for the scenario / price of the scenario of the tender under
consideration) * 100
8.
CONTENT OF THE REQUEST TO PARTICIPATE
The candidates shall submit all the requested documents listed here for the first
stage (selection stage).
The request to participate will contain:
1. a cover letter presenting the name of the candidate, including all entities in case of
joint tender, and identified subcontractors whose share of the contract is above
10%, and the name of the single contact person in relation to this tender. The
cover letter must indicate the proportion of the contract to be subcontracted. In
case of joint tender, the cover letter to the request to participate must be signed by
14
the legal representative of each legal entity of the group and will identify the
leader with its name, e-mail address and/or fax number. It is the responsibility of
the tenderers to consult regularly the e-mails received;
2. a letter of intent for each subcontractor whose share of the contract is above 10%
stating their willingness to provide the services foreseen in the tender and in line
with the present tender specifications;
3. all the documents requested for the access to public procurement (point 5.1);
4. declaration on honour on the exclusion criteria and selection criteria (point 5.2)
and on the selection criteria (point 5.3) attached to these tender specifications;
5. all the documents requested for the selection criteria (point 5.3).
15
Declaration on honour on
exclusion criteria and selection criteria
The undersigned [
insert name of the signatory of this form], representing:
(
only
for
natural
persons) (
only for legal persons) the following legal person:
himself or herself
ID or passport number:
Full official name:
Official legal form:
(‘the person’)
Statutory registration number
:
Full official address:
VAT registration number:
(‘the person’)
I – SITUATION OF EXCLUSION CONCERNING THE PERSON
(1) declares that the above-mentioned person is in one of the following
YES
NO
situations:
(a) it is bankrupt, subject to insolvency or winding up procedures, its assets are
being administered by a liquidator or by a court, it is in an arrangement with
creditors, its business activities are suspended or it is in any analogous situation
arising from a similar procedure provided for under national legislation or
regulations;
(b) it has been established by a final judgement or a final administrative decision
that the person is in breach of its obligations relating to the payment of taxes or
social security contributions in accordance with the law of the country in which
it is established, with those of the country in which the contracting authority is
located or those of the country of the performance of the contract;
(c) it has been established by a final judgement or a final administrative decision
that the person is guilty of grave professional misconduct by having violated
applicable laws or regulations or ethical standards of the profession to which
the person belongs, or by having engaged in any wrongful conduct which has
an impact on its professional credibity where such conduct denotes wrongful
intent or gross negligence, including, in particular, any of the following:
(i) fraudulently or negligently misrepresenting information required for the
verification of the absence of grounds for exclusion or the fulfilment of
selection criteria or in the performance of a contract;
(ii) entering into agreement with other persons with the aim of distorting
competition;
(iii) violating intellectual property rights;
(iv) attempting to influence the decision-making process of the contracting
authority during the award procedure;
(v) attempting to obtain confidential information that may confer upon it
undue advantages in the award procedure
;
(d) it has been established by a final judgement that the person is guilty of the
following:
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(i) fraud, within the meaning of Article 1 of the Convention on the
protection of the European Communities' financial interests, drawn up by
the Council Act of 26 July 1995;
(ii) corruption, as defined in Article 3 of the Convention on the fight against
corruption involving officials of the European Communities or officials of
EU Member States, drawn up by the Council Act of 26 May 1997, and in
Article 2(1) of Council Framework Decision 2003/568/JHA, as well as
corruption as defined in the legal provisions of the country where the
contracting authority is located, the country in which the person is
established or the country of the performance of the contract;
(iii) participation in a criminal organisation, as defined in Article 2 of
Council Framework Decision 2008/841/JHA;
(iv) money laundering or terrorist financing, as defined in Article 1 of
Directive 2005/60/EC of the European Parliament and of the Council;
(v) terrorist-related offences or offences linked to terrorist activities, as
defined in Articles 1 and 3 of Council Framework Decision 2002/475/JHA,
respectively, or inciting, aiding, abetting or attempting to commit such
offences, as referred to in Article 4 of that Decision;
(vi) child labour or other forms of trafficking in human beings as defined in
Article 2 of Directive 2011/36/EU of the European Parliament and of the
Council;
(e) the person has shown significant deficiencies in complying with the main
obligations in the performance of a contract financed by the Union’s budget,
which has led to its early termination or to the application of liquidated
damages or other contractual penalties, or which has been discovered following
checks, audits or investigations by an Authorising Officer, OLAF or the Court
of Auditors;
(f) it has been established by a final judgment or final administrative decision that
the person has committed an irregularity within the meaning of Article 1(2) of
Council Regulation (EC, Euratom) No 2988/95;
(g) for the situations of grave professional misconduct, fraud, corruption, other
criminal offences, significant deficiencies in the performance of the contract or
irregularity, the applicant is subject to:
i. facts established in the context of audits or investigations carried out by the
Court of Auditors, OLAF or internal audit, or any other check, audit or
control performed under the responsibility of an authorising officer of an
EU institution, of a European office or of an EU agency or body;
ii. non-final administrative decisions which may include disciplinary measures
taken by the competent supervisory body responsible for the verification of
the application of standards of professional ethics;
iii. decisions of the ECB, the EIB, the European Investment Fund or
international organisations;
iv. decisions of the Commission relating to the infringement of the Union's
competition rules or of a national competent authority relating to the
infringement of Union or national competition law; or
v. decisions of exclusion by an authorising officer of an EU institution, of a
European office or of an EU agency or body.
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II – SITUATIONS OF EXCLUSION CONCERNING NATURAL PERSONS WITH POWER OF
REPRESENTATION, DECISION-MAKING OR CONTROL OVER THE LEGAL PERSON
Not applicable to natural persons, Member States and local authorities
(2) declares that a natural person who is a member of the administrative,
management or supervisory body of the above-mentioned legal person,
YES NO N/A
or who has powers of representation, decision or control with regard to
the above-mentioned legal person (this covers company directors,
members of management or supervisory bodies, and cases where one
natural person holds a majority of shares) is in one of the following
situations:
Situation (c) above (grave professional misconduct)
Situation (d) above (fraud, corruption or other criminal offence)
Situation (e) above (significant deficiencies in performance of a contract )
Situation (f) above (irregularity)
III – SITUATIONS OF EXCLUSION CONCERNING NATURAL OR LEGAL PERSONS ASSUMING
UNLIMITED LIABILITY FOR THE DEBTS OF THE LEGAL PERSON
(3) declares that a natural or legal person that assumes unlimited liability
for the debts of the above-mentioned legal person is in one of the
YES NO N/A
following situations:
Situation (a) above (bankruptcy)
Situation (b) above (breach in payment of taxes or social security
contributions)
IV – GROUNDS FOR REJECTION FROM THIS PROCEDURE
(4) declares that the above-mentioned person:
YES NO
(h) has distorted competition by being previously involved in the preparation of
procurement documents for this procurement procedure.
V – REMEDIAL MEASURES
If the person declares one of the situations of exclusion listed above, it must indicate
measures it has taken to remedy the exclusion situation, thus demonstrating its reliability.
This may include e.g. technical, organisational and personnel measures to prevent further
occurrence, compensation of damage or payment of fines. The relevant documentary
evidence which illustrates the remedial measures taken must be provided in annex to this
declaration. This does not apply for situations referred in point (d) of this declaration.
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VI – EVIDENCE UPON REQUEST
Upon request and within the time limit set by the contracting authority the person must
provide information on the persons that are members of the administrative, management
or supervisory body. It must also provide the following evidence concerning the person
itself and concerning the natural or legal persons which assume unlimited liability for the
debt of the person:
For situations described in (a), (c), (d) or (f), production of a recent extract from the judicial
record is required or, failing that, an equivalent document recently issued by a judicial or
administrative authority in the country of establishment of the person showing that those
requirements are satisfied.
For the situation described in point (a) or (b), production of recent certificates issued by the
competent authorities of the State concerned are required. These documents must provide
evidence covering al taxes and social security contributions for which the person is liable,
including for example, VAT, income tax (natural persons only), company tax (legal persons
only) and social security contributions. Where any document described above is not issued in
the country concerned, it may be replaced by a sworn statement made before a judicial
authority or notary or, failing that, a solemn statement made before an administrative authority
or a qualified professional body in its country of establishment.
VII – SELECTION CRITERIA
(5) declares that the above-mentioned person complies with the
YES NO N/A
selection criteria applicable to it individually as provided in the
tender specifications:
(a) It has the legal and regulatory capacity to pursue the professional
activity needed for performing the contract as required in section
5.3.1 of the tender specifications;
(b) It fulfills the applicable economic and financial criteria indicated in
section 5.3.2 of the tender specifications;
(c) It fulfills the applicable technical and professional criteria indicated in
section 5.3.3 of the tender specifications.
The contracting authority must adapt the table above to the criteria indicated in the
tender specifications (i.e. insert extra rows for each criterion or delete irrelevant rows).
(6) if the above-mentioned person is the
sole tenderer or the
leader in
YES NO N/A
case of joint tender, declares that:
(d) the tenderer, including all members of the group in case of joint
tender and including subcontractors if applicable, complies with all
the selection criteria for which a consolidated asseessment will be
made as provided in the tender specifications.
VII – EVIDENCE FOR SELECTION
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The signatory declares that the above-mentioned person is able to provide the necessary
supporting documents listed in the relevant sections of the tender specifications.
The above-mentioned person may be subject to rejection from this procedure and to
administrative sanctions (exclusion or financial penalty) if any of the declarations or
information provided as a condition for participating in this procedure prove to be
false.
Full name
Date Signature
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