Dear Mr Bates,

Please find attached a series of documents  produced  and or held by
CHAFEA in  response to your request for access to documents. In this
context we wish to note the following:

Your request:

1) The procurement process undertaken by the Consumers, Health and Food
Executive Agency (CHAFEA) regarding the award of a contract to the EUREST
Consortium (BRFAA - www.bioacademy.gr and ENSP – www.ensp.org), to provide
services and to assist the European Commission in the development of an EU
common reporting format for submission of data on electronic cigarettes
and refill containers provided for in the Tobacco Products Directive
2014/40/EU (TPD).

The “Executive Agency for Health and Consumers” launched a Call for
tenders for the award of a Framework Contract (EAHC/2013/HEALTH/23) with
subject: “Multiple framework contracts with reopening of competition to
support tobacco policies — composition of tobacco and related products and
its impact on human health”  on the basis of the  tasks delegated to
CHAFEA by the European Commission;  the latter are depicted in the
Commission's  annual  (2013) work programme adopted in  execution of the
second programme of Community action in the field of health (2008-2013)

(please refer to article 4.2.3.3. included in the following link:
[1]http://ec.europa.eu/health/programme/doc...

On the basis of the applicable EU public procurement rules an invitation
to tenders has been launched by  CHAFEA:  in TED
 [2]http://ted.europa.eu/udl?uri=TED:NOTICE:...

The complete tender documentation (including terms of reference) with
regards to the unmentioned call for tender can be accessed via our
website: [3]http://ec.europa.eu/chafea/health/tender...

[4]http://ec.europa.eu/chafea/documents/hea...

Eurest consortium was one of the tenders that was awarded the Framework
Contract with reopening of competition.

In execution of this Framework Contract, the two awarded framework
contractors (Eurest consortium and Hetoc consortium) were invited to
submit offers in response to the request for specific  services
EAHC/2013/health /12.

With regards to this procurement procedure, we attach:

•             The terms of reference of the RfS EAHC/2013/health /12.

•             Letters of invitation to the Framework Contractors (for the
reopening)

•             Evaluation report

•             Award decision signed by the CHAFEA Authorising Officer

•             Notifications of award

•             Offers submitted by the Framework Contractors in response to
the request for specific services :In conformity with the provisions of
art 4 par. 4 of Regulation 1049/2001, CHAFEA consulted the party concerned
in order to verify if he/she considers that his/her commercial interest
would be harmed in  

                case of release of the content of their tenders.   Agency
will inform you on its decision to grant/not grant access to these
documents after taking into account the third party’s opinion (not yet
received).

•             Signed specific contract and annexes: At present, we are not
in the position of providing you with the specific contract for the reason
explained in the above bullet point:  the contract includes as annex the
contractor’s tender. The Agency will consider granting you partial access
after taking into

               account the third party’s opinion (not yet received).

NB: Please note that in conformity with the provisions of Regulation
45/2001 on protection of individuals with regard to the processing of
personal data and the provision of point (b) of art 4 par.1 Regulation
1049/2001 the names of individuals and other date (e-mails) that may lead
to identification of a person included in the documents provided by CHAFEA
were masked.

Your request:

2) The subsequent management of the contract; performance management of
the contractor; the handling of complaints or concerns raised about the
performance of the contracted services by external bodies or the European
Commission.

3) This request includes, but is not limited to: terms of reference;
advertising, tender documents, assessment criteria for proposals;
assessment of contractors and their proposals; the consultation
questionnaire used by the contractor and CHAFEA or DG Sanco comments and
approval of these; relevant email traffic within CHAFEA, between CHAFEA
and DG Sanco, and between CHAFEA and the EUREST consortium, its member
organisation or individuals within those organisations.

No complaints with regards to the procurement procedures that led to the
award of the specific contract in question have been addressed to CHAFEA.

Please note that there are no grounds for submission of complaints with
regards to the execution of a service contract signed between the
contracting authority (CHAFEA) and a contractor by third parties. The
contract signed includes binding provisions only for the concerned
parties; in case of problems encountered during the execution of a service
contract, only  the parties involved may enforce the relevant contractual
provisions (e.g. liquidated damages, reduction of payments, termination of
a contract). Up to today, no incident occurred that would require the
enforcement of such provisions.

·         Terms of reference:  document attached

·         Advertising, tender documents: document attached

·         Assessment of contractors and their proposals: evaluation report
attached

·         With regards to your request: “the consultation questionnaire
used by the contractor and CHAFEA or DG Sanco comments and approval of
these; relevant email traffic within CHAFEA, between CHAFEA and DG Sanco,
and between CHAFEA and the EUREST consortium, its member organisation or
 individuals within those organisations”: The documents you are referring
to make part of the documentation of an on-going contract execution. In
that respect, the contracting authority is in the course of a decision
making process.  These documents  include initial deliberations and
consultations of the contracting parties for issues where a decision is
not yet made; in case of release the decision making process with regards
to contract management of CHAFEA would be seriously undermined. Thus,
CHAFEA is not in apposition to provide you with the above requested
documents at this moment.

We note that in your case there is no case of overriding public interest
that would  allow disclosure as your interest is private.

In conformity with the Agency’s implementing rules for the application of
Regulation 1049/2001 regarding public access to documents, we would like
to bring to your attention that in case you consider that t he Agency’s
partially negative reply is not justified you have the right to submit a
confirmatory application  that should be addressed to the Agency’s
Director via e-mail  : [email address] or any other appropriate
means.

We are at your disposal for any further request or clarification

Best Regards,

On behalf of CHAFEA

Despoina Leivadinou

European Commission

Consumers,Health and Food Executive Agency

L-2920 Luxembourg, DRB Building A3/044

Phone: +352 4301 32808, Fax: +352 4301 30359

mailto: [email address]

References

Visible links
1. http://ec.europa.eu/health/programme/doc...
2. http://ted.europa.eu/udl?uri=TED:NOTICE:...
3. http://ec.europa.eu/chafea/health/tender...
4. http://ec.europa.eu/chafea/documents/hea...