EUROPEAN COMMISSION 25042008 EUROSTAT TENDER SPECIFICATIONS by umsymums31

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									EUROPEAN COMMISSION                                                           25/04/2008
EUROSTAT




                              TENDER SPECIFICATIONS

                          General and administrative information


  This document is provided for information only. It is complementary to the official tender
specifications whose content is binding within the framework of the concerned call for tender




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1 - PRELIMINARY INFORMATION
1.1 General background

The Statistical Office of the European Communities in Luxembourg (“Eurostat”) is a Directorate-
General of the European Commission (“Commission”). Its mission is to provide the European Union
with a high quality statistical information service.
Together with the national statistical offices, Eurostat is responsible for the Community statistical
system: see Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (OJ L
52, 22.2.1997). Eurostat implements standards, methods and classifications for the production of
comparable, reliable and relevant data. Users of Eurostat’s output include the Commission and other
institutions of the European Union, national governments of the Member States, international
organisations, businessmen, universities and a wide range of other users. Eurostat also supports non-
member countries, including the candidate countries, in adapting their statistical systems.
Eurostat carries out some of its activities by awarding contracts for the provision of services relating to
the various fields of the Community statistical programme.
1.2- Information on the contract (subject)

   1.2.1- Nature of the contract

The invitation to tender is published in the Official Journal (OJ) in accordance with the Financiual
Regulation applicable to the general budget of the European Communities (see reference in the official
tender specifications). Its purpose is to select the tenderer(s) best qualified to carry out the work in
the above-mentioned area, as described in detail in Section 2 (Technical Information).
This invitation to tender is intended to be competitive. Any attempt by a tenderer to obtain
confidential information, enter into unlawful agreements, collude or make arrangements with
competitors, canvass or solicit Commission staff or influence the evaluation committee or its
individual members in any way during the tendering process will render his or her tender invalid.
   1.2.2- Division into lots

If different lots are foressen in a call for tender, each lot is the subject of a separate contract. Tenderers
may bid for any number of lots, but not for parts of lots.


   1.2.3- Start and duration of the tasks

See item 1.2.3 of the official tender specifications.
Implementation of each contract, whether total or partial, following the initial contract, is subject to
budgetary constraints and/or satisfaction with the quality of the services rendered under the previous
contract and/or unilateral discretionary decision of the Commission. The tenderer awarded the
contract must carry out the contracts following the initial contract where requested by the
Commission to sign the contract in question.
    1.2.4- Available budget

See item 1.2.4 of the official tender specifications.


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As a principle, any bid with a financial proposal exceeding the maximum available budget
(total amount and per year) will be rejected
   1.2.5- Variants

See item 1.2.5 of the official tender specifications.
Generally, variants are not allowed.
   1.2.6- Submission of tender and execution of the contract

Submission of a tender implies acceptance of all the terms set out in the specifications and in the
annexed standard contract.
The Contractor is to carry out the tasks in accordance with:
1. the contract;
2. the technical specifications;
3. the tender.
In the event of conflict between these three documents, their provisions will apply in descending
order.
   1.2.7- Place of work

Unless stated otherwise, the place of the work will be the Contractor’s usual workplace.
1.3- Information on who may participate

Participation is open on equal terms to all natural and legal persons.

   1.3.1- Persons eligible to participate

Participation in an invitation to tender 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 who are nationals of a third
country which has a special agreement with the European Communities in the field of public
procurement under the conditions laid down in that agreement.
Participation is also open to nationals of countries which have ratified the Plurilateral Agreement on
Government Procurement (GPA) concluded within the WTO, under the terms of that Agreement.
   1.3.2 – Collaboration between service providers: consortia and subcontracting

Collaboration between service providers may take the form of submission of a joint tender (via a
consortium) or of subcontracting. These two approaches may be combined.

In all cases the file must clearly specify whether the providers involved in the tender are acting as
members of the consortium (joint tender) or as subcontractors (this also applies where the
companies involved belong to the same group or where one of these companies is the parent
company of the others).

                 1.3.2.1 – Consortia
Consortia members in joint tenders may submit only one tender for a single contract. All members
of the consortium shall sign the tender or one of the consortium members which is designated as the
representative authorised to undertake commitments on its behalf (copy of the authorisation must be
provided).



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The tender must indicate which member will represent the consortium in dealing with the
contracting authority. The tender must describe the form the cooperation is to take in order to
achieve the desired results and how technical, administrative and financial aspects will be organised.
Each member of the consortium will be jointly and severally liable towards the Commission for the
performance of the contract.
If the members are already part of a temporary consortium (without a legal personality) or a
permanent consortium such as an association or economic interest grouping (with legal personality),
this must be specified in the tender and all relevant information and documentation must be
attached.

See Part 3 which administrative information must be provided in case of consortium.
If the contract is awarded to a joint tender, the Commission may require that the proposed
consortium assume legal form by means of a consortium agreement or any form in
accordance with the national legislation of the tenderer. This document would take the form of a
written agreement between the members of the consortium, defining its internal rules of operation
and stating:
   -   the name, registered address, register number and VAT number of each member of the
       consortium and the name and position of the person authorised to represent each member;
   -   the nature, scope and duration of the community of interests;
   -   that all the members of the consortium are jointly and severally liable for the performance of
       the contract;
   -   that all the members of the consortium will perform their respective share of the work under
       the contract;
   -   the name of their representative;
   -   the number of the representative’s bank account to which payments are to be made;
   -   a declaration from each member of the consortium authorising the representative to sign a
       contract on their behalf and to act as the contact for the contracting authority for all matters
       relating to performance of the contract;
   -   that any amendment to this consortium agreement must be agreed by the contracting
       authority.

The composition or constitution of the consortium may not be altered without the prior consent in
writing of the Commission.

If the tender does not mention that all members are jointly and severally liable, all other parties
included in the tender than the party signing the tender (tenderer) will be considered subcontractors.

   1.3.2.2- Subcontracting
Subcontracting is the situation where a contract has been or is to be concluded between the
Commission and a contractor and where the contractor, in order to carry out the contract, enters into
legal commitments with other legal or natural persons for performing part of the work, service or
supply. There is no legal link between the Commission and the subcontractor(s).
Where subcontracting is used, see Article II.13 of the General Conditions applicable to services
contracts. The main Contractor retains sole and fully responsibility for the performance of the
contract.

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If the tenderer wishes to subcontract all or part of the services, the following must be specified in
the tender:

(a) in a separate document:

   -   the name(s) of the subcontractor(s) proposed;
   -   the reason for subcontracting;
   -   the role, activity and responsibilities of each subcontractor;
   -   the services to be assigned to and the resources to be provided by the subcontractor;
   -   the volume of the subcontracted service and its percentage of the total volume of the
       contract.

(b) notice from the subcontractor that he intends to work together with the tenderer if the tenderer is
awarded the contract.

During implementation of the contract the Contractor must obtain prior written approval from the
Commission in order to replace a subcontractor and/or have work which was not originally
subcontracted in the original tender carried out by third parties.

See Part 3 which administrative information must be provided in case of subcontracting.

   1.3.3- Replacement of persons assigned to carry out the work

The Commission expects the contract to be executed by those persons identified in the tender.
Whenever a replacement occurs, the Contractor must ensure a high degree of stability of the
services and an effective transfer of information.
Any replacement must be submitted to the Commission for written approval. The Contractor shall
provide a timely replacement with at least equivalent qualifications and experience if:
(a) on account of death, sickness or accident, a person is unable to continue providing his services
or, for other reasons beyond the Contractor's control (e.g. resignation), it becomes necessary to
replace any of his personnel;
(b) any person specified in the contract is found by the Commission to be incompetent in
discharging or unsuitable for the performance of his duties under the contract or if carrying out his
tasks under the contract prejudices the good and timely performance of the contract. Unless
otherwise stated, if the Commission requests a replacement in writing, the Contractor must propose
a replacement within one month of the receipt of the Commission's request. Failure to make such a
proposal within this period will be considered a breach of contract.
Such a replacement will not oblige the Commission to pay any remuneration, fees or costs
additional to those laid down in the initial contract. The Contractor must bear any additional costs
arising from or incidental to such replacement. Such costs will include the costs of the return
journey of the replaced member of staff and his family, the costs of the replacement's training and, if
necessary, the expenses arising from the need to maintain simultaneously at the place of work the
member of staff to be replaced and his replacement.
   1.3.4- Period of validity of the tender

The tender must remain valid for a period of 12 months following the closing date for receipt of the
tenders as indicated under point IV.3.6 of the contract notice. Where the initial contract is stated to
be renewable, the offer will remain valid for such renewals. Upon renewals of contracts, the
Commission reserves the right to request updated forms for exclusion and selection criteria. The
contract(s) will be signed within the validity period, during which the tenderer must continue to
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meet all the requirements set in the exclusion, selection and award criteria. If the situation
concerning these requirements has altered in the period that has elapsed since the tender in question
was submitted, any changes must be reported immediately and at the bidder’s own initiative to the
Commission.
1.4- Information on the tendering procedure

   - Contacts with Eurostat

In principle, no contact is permitted between the Commission and the tenderer during the procedure.
However, contact may exceptionally be permitted:

(a) before the final date for the receipt of bids:

       on the tenderers’ initiative in order (and only then) to clarify the nature of the contract.
       Such requests for additional information should be in writing only and indicate the section(s)
       and paragraph(s) to which they refer. They may be sent by letter, fax or e-mail only to the
       address given below. Provided it has been requested in good time, such additional
       information will be supplied simultaneously to all economic operators who have requested
       the specifications or expressed interest in submitting a tender no later than six days before
       the deadline for the receipt of tenders or, in the case of requests for information received less
       than eight calendar days before the deadline for receipt of tenders, as soon as possible after
       receipt of the request. The contracting authority is not bound to reply to requests for
       additional information made less than five working days before the deadline for receipt of
       tenders but will try to do so if this is at all possible.

       on the initiative of the contracting authority, in order to inform all interested parties of the
       existence of an error, a lack of precision, an omission or any other type of defect in the
       documents relating to the invitation to tender.

(b) after the tenders have been opened:

       only on the initiative of the contracting authority, where some clarification is required in
       connection with a tender, or if obvious clerical errors in the tender must be corrected.

       The technical assessment (see Part 3) may also include interviews of the person or persons
       proposed in the tender. The contracting authority reserves the right to invite tenderers for
       interview, at a date and a place to be notified. All travel costs in attending the interviews are
       to be borne by the tenderers. The results of these interviews will be integrated into the
       technical assessment of the tenders, without modifying either the composition or the
       weighting of the award criteria.

In any event, such contact must not lead to any amendment of the terms of the tender.

Under the conditions described above, further information can be obtained by sending a letter, fax
or e-mail to the address mentioned in the official tender specfications (item 1.4.2).:

   - No obligation to award the contract
Opening to competition or the launch of an invitation to tender in no way imposes on the
Commission an obligation to award the contract. The Commission will not be liable for any


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compensation for tenderers whose tenders have not been accepted, nor will it be so liable if it
decides not to award the contract.
1.5- Information on the contract (to be signed)

   1.5.1- Standard contract

The submission of a tender in response to an invitation to tender issued by the Commission implies
that the tenderer:
- accepts all the conditions laid down in the invitation to tender and the standard contract (see the
Annexes to these specifications);
- waives his or her own conditions of sale/service, terms of business or other general terms and
conditions;
- confirms that there has been no collusion with other contractors in bidding for the work and
there has been no canvassing or soliciting of Eurostat staff.
All documents submitted by tenderers become the property of the Commission and are deemed
confidential.
   1.5.2- Payments

Contracts will be expressed in euros. All payments under these contracts will also be made in euros.
Payments under the contract will be made in instalments on submission of invoices and other
supporting documents in accordance with Articles I.4., II.4. and II.5. of the draft standard contract
attached to official tender specifications.
   1.5.3- Guarantees

All the guarantees are denominated in euros.
The guarantee must be supplied by a bank or an authorised financial institution (the guarantor). It
may be replaced by a joint and several guarantee by a third party.
This guarantee must have the effect of making the bank or financial institution or the third party
stand as irrevocable collateral security, or first-call guarantor of the Contractor's obligations.
The Commission has the right to refuse any guarantee which is deemed unsatisfactory. It has then to
provide a reasoned decision with respect to the quality of the guarantee refused.
The costs of providing such guarantees will be borne by the Contractor.

II – ADMINISTRATIVE INFORMATION
A. FORM AND CONTENT OF THE TENDER
A.1 General

The tender must be clear and concise, with continuous page numbering, and assembled so as to
constitute a coherent whole (e.g. bound or stapled, etc.). Since tenderers will be judged on the
content of their written offers, these must clearly state that the tenderer is able to meet the
requirements of the specifications and is capable of carrying out the work.
Tenders must be written in one of the official languages of the European Union. They must include
all the information and documents required by the Commission for the appraisal of tenders on
the basis of the exclusion, selection and award criteria, in accordance with these specifications, in


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the absence of which the Commission may decide to exclude the tender from the award procedure
for the contract. For details, see A.3 “Reply structure of the tender”.
The submission of a bid (proposal) is subject to the provision of certain personal data (e.g. name,
address, CV). Such data will be processed pursuant to Regulation (EC) No 45/2001 on the
protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data. Unless stated to the contrary, the
personal data required are necessary to assess the bids, in accordance with the specifications of the
invitation to tender, and will be used only by the person appointed to do so. On request, you may
refer to your personal data and amend any wrong or incomplete information. If you have any
queries concerning the processing of your personal data, you may address them to the department
mentioned in point 1.4.2. You are also entitled to contact the European Data Protection Supervisor
with regard to the processing of your personal data.
A.2 How to send a tender

If you are interested in the contract, you should submit a tender on paper as follows for each lot
concerned:
Technical proposal
One original and four copies of the technical proposal and the administrative information (see
A.3.1), including the reply forms in Annexes 1 and 2, in one or more sealed inner envelope(s).
Financial proposal
One original using the compulsory reply form for the financial proposal (Annex 3) sent in a sealed
inner envelope separate from the sealed inner envelope(s) containing the technical proposal.
Where a tender covers more than one lot, a separate sealed inner envelope for the Financial Proposal
should be sent for each lot.
All envelopes must be clearly marked either “Technical Proposal” or “Financial Proposal” and must
indicate the project title, the reference number, the lot number and the name of the tenderer. They
should also bear the words “Invitation to tender – not to be opened by the mail service”. If self-
adhesive envelopes are used, they must be sealed with adhesive tape and the sender must sign across
this tape.
All envelopes must be inserted in a sealed outer envelope which needs to contain, apart from the
address mentioned below, the indication of the title of the project and the reference number of the
invitation to tender.
The tender must meet the deadline mentioned in the contract notice. The tender may be submitted:
a) either by registered mail or by courier service, postmarked or registered by the courier service
not later than (see the official tender specifications), to the following address:
European Commission
Eurostat – Unit A.6 - (CAD) BECH F1B/932
Jean Monnet Building
Rue Alcide de Gasperi
L-2920 Luxembourg (Kirchberg)
The outer envelope should bear, in addition to this address, the project title and the reference
number of the invitation to tender.
b) or by hand delivery, i.e. by delivery in person or by an authorised representative, not later than
4.00 p.m. on (see the official tender specifications) to the following address:
European Commission
Eurostat
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For the attention of
Unit A.6 – (CAD) BECH F1B/932
Jean Monnet Building – Main entrance
Rue Albert Wehrer
L-2920 Luxembourg (Kirchberg)
where a signed and dated receipt must be obtained.
The outer envelope should bear, in addition to this address, the project title and the reference
number of the invitation to tender.
If the bid is delivered by hand in person, it must actually reach the address indicated above no
later than the hour and day indicated. See the summary table below:

                                          Final date                              Proof concerning
                                                                       submission of tender      compliance with
                                                                                                    deadline
 Registered            letter   The tender must be posted on       Receipt issued by the post Postmark
 deposited in the post office   the final date at the latest       office
 network                        (regardless of the time)
 Mail deposited with a          The tender must be deposited       Receipt issued by         the    Date of the receipt
 messenger service              with the messenger service on      messenger service
                                the indicated date at the latest
                                (regardless of the time)
 Delivery by hand, by the       The tender must arrive at the      Receipt signed by an official    Date of the receipt
 tenderer or by an              above-mentioned office address     of the above-mentioned
 authorised representative      no later than the specified time   Commission            service,
                                on the final date.                 indicating the date and time
                                                                   of receipt. This receipt will
                                                                   be issued on the spot to the
                                                                   tenderer     or    authorised
                                                                   representative.


The Commission will not reimburse expenses incurred in preparing and submitting tenders.




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A.3 Reply structure of the tender

Tenders must be presented in three sections as follows (in the absence of which the Commission
may decide to exclude the tender from the award procedure for the contract).
   A.3.1 Section One: Administrative information

   1. Covering letter signed by the tenderer or his/her duly authorised agent
   2. Table of contents (with page numbers)
   3. Administrative documents for the legal situation and for the exclusion and selection
      criteria (see B.1. Exclusion criteria and B.2 Selection criteria).
Administrative documents for the legal situation:
This section must provide the administrative and financial information referred to on the following
forms:
− an administrative information form (Annex 1.1) completed and signed by an authorised
  representative of the tenderer (also for each consortium member and subcontractors),
− a legal identity sheet (Annex 1.2) completed and signed by an authorised representative of the
  tenderer (also for each consortium member and subcontractors); a specific form for each Member
  State and each form of company is available at the following Internet address:
   http://ec.europa.eu/budget/execution/legal_entities_en.htm)
− a financial identification form (Annex 1.3) completed and signed by an authorised
  representative of the tenderer and by his bank; a specific form for each Member State is available
  at the following Internet address:
  http://ec.europa.eu/budget/execution/ftiers_en.htm..
The tender must also include the following documents for each tenderer:
   − a certified copy of the instrument of incorporation or constitution, and a copy of the
     statutes if they are contained in a separate instrument, or a copy of the notices of such
     constitution or incorporation published in the relevant national or other official journal if the
     legislation which applies to the tenderer requires such publication; for public entities: a
     copy of the resolution, law, decree or decision establishing the entity in question or, failing
     that, any other official document attesting to the establishment of the entity;
   − a certified copy of the most recent amendment to the instruments mentioned in the
     previous indent, including that involving any transfer of the registered office of the legal
     entity, or a copy of the notice published in the relevant national or other official journal of
     such amendment, if the legislation which applies to the tenderer requires such publication. If
     the documents mentioned in the previous paragraph have not been amended and the
     tenderer’s registered office has not been transferred since the incorporation, a written
     confirmation, signed by an authorised representative of the tenderer, that such amendment or
     transfer has not been made or taken place respectively;
   − proof of registration, as prescribed in his country of establishment, in one of the
     professional or trade registers, or a declaration or attestation;
   − a copy of an official document dated no earlier than four months before the deadline
     for submission of tenders (e.g. official gazette, trade register, Official Journal)
     identifying the name of the legal entity, the address of the registered office and the
     number of registration in the national register;
   − a copy of the VAT registration form, if applicable;
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    − a 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.
For natural persons, the above obligations apply mutatis mutandis. The following documents must
be produced:
    − a copy of the birth certificate, identity card, passport;
    − proof of membership of a social security organization;
    − where applicable, proof of registration, as prescribed in their country of establishment, in
      one of the professional or trade registers or any other official document showing the
      registration number;
    − if the above documents do not show the VAT number, a copy of the VAT registration
      document, where applicable.
In the case of consortia, each entity involved must provide the information specified here. The
Commission reserves the right to request this information, in part or as a whole, from any
subcontractors.
The administrative proposal must contain all the information and supporting documents
required by these specifications.
In their absence, the Commission may disqualify the bid. However, the Commission reserves
the right to request additional evidence in relation to the tender submitted for evaluation or
verification purposes within a time-limit stipulated in its request.

    A.3.2 Section Two: Technical proposal

−   Sufficient detail to enable the bid to be assessed on the basis of the award criteria (See B.3.
    Evaluation of bids).
−   The technical proposal is the core of the tender and it is essential that it conforms perfectly to
    all requirements listed in the technical specifications.
−   If it is intended to subcontract part of the service, this should be indicated and quantified (the
    identity of and resources provided by the subcontractor).
−   It is important to ensure that one original and four copies of the technical proposal are sent in
    one or more sealed inner envelopes.
−   The tenderer should ensure that the financial proposal or details thereof do not appear in the
    technical proposal (see also A.2).
    A.3.3 Section Three: Financial proposal

The financial proposal with the required breakdown of prices using the compulsory reply form for
the financial proposal (Annex 3) should be sent in a sealed inner envelope. If the tender covers more
than one lot, a separate sealed envelope should be sent with the financial proposal for each lot.
All prices must be expressed in euros and be exclusive of VAT.
All costs associated with the completion of the work, including overheads such as infrastructure,
administration, costs and travel should be included in the overall fixed price in the financial
proposal (no reimbursable variable costs).
In calculating his financial proposal, the tenderer should take into account that the Commission is
exempt from all taxes and dues pursuant to the Protocol on the Privileges and Immunities of the
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European Communities annexed to the Treaty, signed in Brussels on 8 April 1965 (OJ 152 of
13 July 1967), establishing a Single Council and a Single Commission of the European
Communities.
If the tenderer is subject to VAT and is required to pay that tax, the offer should clearly show the
rate of VAT and the price excluding VAT, as indicated on the compulsory reply form. The
Contractor may be required to take the necessary steps in order to obtain, from the competent
national authorities, exemption from VAT in respect of the services to be provided under the
contract concluded with the Commission.
Tenderers are informed that the Commission will take no account of VAT in examining the price
indicated in the various tenders.
Tenders must be firm and not be subject to revision for the duration of the work.

B. EXCLUSION AND SELECTION OF TENDERERS AND AWARD OF THE
CONTRACT
The assessment of tenderers and bids will take place in 3 stages:
(1) Exclusion of tenderers
(2) Selection of tenderers
(a) Economic and financial capacity
(b) Technical capacity
(3) Evaluation of bids
(a) Technical evaluation
(b) Financial evaluation
Only the offers meeting the requirements of each stage will pass on to the next stage of the
assessment.
All the information will be assessed against the criteria specified in this chapter. In the case of joint
tenders, the assessment of the exclusion and the selection stages will be carried out for each of the
participants in the joint tender.
The assessment will be based on the tender and on tenderers’ answers in the compulsory reply
forms. Tenderers who wish to be taken into consideration must submit all the necessary supporting
documents and must use the model forms provided in the annexes to this document.
Incomplete tenders will be rejected. However, the Commission may request the submission of
missing formal documents by fax (normally to be submitted within 24 hours of the request).
In addition, the Commission reserves the right to use any other information from public or specialist
sources.
B.1- Exclusion criteria

   B.1.1 Declaration

The tenderer or his representative must fill in and sign the form in Annex n° 2.1.b to the official
tender specifications. By signing this form, the tenderer:
- declares on his honour that he is not in one of the situations described in the form, and
- commits to providing the Commission with any document relating to the exclusion criteria
(referred to in item B.1.3) and with any other complementary document which the

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Commission could consider useful, ONLY on its request and within fifteen calendar days
following the date of dispatch of the request.
Where the tender is from several service providers (consortium), each of them must fill in and
send the form and provide the required documents. As well, where the tenderer intends to
subcontract, each subcontractor must fill in and sign the form. The Commission reserves the
right in any case to request at any time the supporting documents listed in B.1.3.
B.1.2. Grounds for exclusion
Tenderers will be excluded from participation in the procedure of the call for tenders where:
 (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have
entered into an arrangement with creditors, have suspended business activities, are the subject of
proceedings concerning those matters, or are in any analogous situation arising from a similar
procedure provided for in national legislation or regulations;
(b) they have been convicted of an offence concerning their professional conduct by a judgment
which has the force of res judicata;
(c) they have been guilty of grave professional misconduct proven by any means which the
contracting authority can justify;
(d) they have not fulfilled obligations relating to the payment of social security contributions or the
payment of taxes in accordance with the legal provisions of the country in which they are
established or with those of the country of the contracting authority or those of the country where
the contract is to be performed;
(e) they have been the subject of a judgment which has the force of res judicata for fraud,
corruption, involvement in a criminal organisation or any other illegal activity detrimental to the
Communities' financial interests;
(f) they are currently subject to an administrative penalty following the cases where :
        - they have been guilty of misrepresentation in supplying the information required by the
contracting authority as a condition of participation in the procurement procedure or fail to supply
this information
       - they have been declared to be in serious breach of their obligations under contracts
covered by the European Union budget.
Contracts may not be awarded to tenderers who, during the procurement procedure:
(g) are subject to a conflict of interest;
(h) are guilty of misrepresentation in supplying the information required by the contracting authority
as a condition of participation in the procurement procedure or fail to supply this information.
    B.1.3 Evidence

Tenderers must certify that they are not in any of the situations listed above.
The contracting authority will accept, as satisfactory evidence that the tenderer is not in one of the
situations described1:
− in point (a), (b) or (e) of paragraph B.1.2, production of a recent extract (dated no earlier than
4 months before the deadline for submission of tenders) from the judicial/criminal records or,

1
 Legal basis: Article 134 of the rules for implementation of the Financial Regulation (Commission Regulation (EC) No 2342/2002 of 23 December
2002 as amended by Commission Regulation (EC, Euratom) No 1261/2005 of 20 July 2005, Commission Regulation (EC, Euratom) No 1248/2006
of 7 August 2006 and by Commission Regulation (EC, Euratom) No 478/2007 of 23 April 2007 (Rules for the implementation of the Financial
Regulation


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failing this, a recent equivalent document issued by a judicial or administrative authority in the
country of origin or provenance attesting that these requirements are satisfied;
− in point (d) of paragraph B.1.2, a recent certificate (dated no earlier than 4 months before the
deadline for submission of tenders) issued by the competent authority of the State concerned. These
documents must provide proof of payment of all taxes and social security contributions for which
the tenderer is liable, including VAT, income tax (natural persons only), company tax (legal persons
only) and social security contributions.
If the tenderer is a legal person and the national law of the country in which he is established
does not authorise legal persons to provide such documents, the documents (such as the
judicial/criminal records) must be provided by natural persons with powers of representation
in relation to the tenderer.
Where no such certificate or document is issued in the country concerned, it may be replaced by a
sworn or, failing this, solemn statement (the form in Annex 2.1.b may be used for this purpose) by
the interested party before a judicial or administrative authority, a notary or a qualified professional
organisation in his/her country of origin or provenance.
The contracting authority will accept, as satisfactory evidence that the tenderer is not in one of the
situations described:
− in points (c) and (f) of paragraph B.1.2 of the grounds for exclusion, a declaration on the
honour (form in Annex n° 2.1.b of the official tender specifications) by the interested party that they
are not in one of the situations listed;
− in points (g) and (h) of paragraph B.1.2 of the grounds for exclusion, a declaration on the
honour (form in Annex n° 2.1.b of the official tender specifications) by the interested party that they
are not in one of the situations listed.
Concerning supporting documents requested by the contracting authority :
o   Annex 2.1.a) will be used as a check list;
o   the form in Annex 2.1.b) of the official tender specifications will be accepted in the cases listed
    in points (c), (f), (g) and (h) of paragraph B.1.2. And it will be accepted in the cases where
    the sworn or solemn statement constitutes the only means of proof, provided that it is made
    before a judicial or administrative authority, a notary or a qualified professional organisation in
    the party’s country of origin or provenance.
    B.1.4 Administrative and financial penalties
The contracting authority may impose administrative and financial penalties on tenderers to whom
one of the grounds for exclusion listed in B.1.3 apply, in accordance with Articles 93, 94 and 96 of
the Financial Regulation.
B.2- Selection criteria

    B.2.1- Economic and financial capacity

Tenderers must prove they have adequate financial resources. To this end, they must fill in the
compulsory reply form for accounting data and enclose the full set of annual accounts (balance
sheet, profit and lost account and notes on the accounts) of the bidding company/group of
companies for the last two years. Tenderers who are legally obliged to have their accounts audited
must enclose the full set of audited financial statements (including the auditor's report and
accompanying notes). If these documents are unavailable for a valid reason properly justified in the
tender, the tenderer may provide other evidence.



                                                                                                     14
   B.2.2- Technical and professional capacity

In procurement procedures for service contracts, the technical and professional capacity of
economic operators will be assessed with regard in particular to their know-how, efficiency,
experience and reliability. In the case of consortia or subcontracting, the technical and professional
capacity shall be assessed in relation to the combined capacity of all the parties involved in the
tender.
Evidence of the technical and professional capacity of economic operators must be furnished on the
basis of the following documents:
a) Educational and professional qualifications:

- Tenderers must enclose a CV of all personnel to be involved in performing the contract (including
those working for any subcontractors: any expert presented in the tender who is not an employee
of the tenderer will be considered as a subcontractor) indicating educational and professional
qualifications and experience in areas relevant to the subject of this tender.
- They must indicate the language competence levels of those to be assigned to the work, bearing in
mind that the main working languages in the Commission are English, French and German.
Tenderers are reminded that Community rules on the freedom of movement of workers prohibit
discrimination based on nationality and that it is discriminatory to require a mother tongue
knowledge of a specific language as a condition for access to a job.
- They must indicate whether or not the proposed personnel is currently working for the tenderer on
the date of submission of the offer. The tender will clearly indicate if the proposed expert is an
employee or not of the tenderer. If the proposed expert is not an employee, he will considered
as a subcontractor. Any person who is engaged on another project, where the input from his/her
position in that contract will not have ended before the expected start of his/her activities under this
contract, and where this commitment restricts his/her intended role under this contract must not be
proposed for this contract under any circumstances.
- A signed commitment (letter of availability) from all named persons (including employees and
subcontractors) to accept the work proposed by the tenderer if the tenderer is awarded the contract
(Annex 2.4) must be attached.
b) Presentation of a list of the principal services provided in the past three years, with the
sums, dates and recipients (public or private). In the case of consortia or subcontracting, this list
must be provided by each entity.
c) A description of the technical equipment to be used to perform the contract, where such
equipment is required in the technical annex.
d) A declaration of the tenderer’s average annual workforce during the past three years.
e) An indication of the proportion of the contract which the service provider may intend to
subcontract as indicated in point 1.3.2.2 (a) and in Annex 2.2.
An economic operator may, where appropriate and for a particular contract, rely on the capacities of
other entities, regardless of the legal nature of the links which it has with them. It must in that case
prove to the contracting authority that it will have at its disposal the resources necessary for
performance of the contract, for example by producing the undertaking of those entities to place
those resources at its disposal.
Under the same conditions, a group of economic operators may rely on the capacities of participants
in the group or of other entities.
The tenderer's hardware and software infrastructure must be compatible with Eurostat IT
standards described in the official version of the tender specifications.
                                                                                                     15
B.2.3- Specific selection criteria

See item B.2.3 of the official tender specifications
B.3- Evaluation of bids

   B.3.1- Evaluation of the technical quality of the bid

The technical proposal (including any subcontracted parts) must be sufficiently detailed to enable
the bid to be assessed on the basis of all award criteria mentioned below. It should meet the
technical specifications and address all matters laid down therein. The tender should provide all the
information required to award the contract, including a description of the intended team structure
and the respective role of each team member and (where applicable) models, examples and
technical solutions to problems raised in the specifications.
Merely repeating the mandatory requirements set out in these specifications without going into
detail or adding any value will result in a very low score. The degree to which the criteria are met
will be measured by a points score for each criterion. The relative importance of criteria for the
overall score is indicated by the weighting of the award criteria.
The technical quality of the bid will be assessed on the basis of the criteria mentioned in the official
tender specifications (item B.3.1).
   B.3.2- Method of selecting the economically most advantageous tender

The contract will be awarded to the economically most advantageous tender, on the basis of
the following method:
 Tenders for which the assessment of the criteria set out under B.3.1 results in a score of less than
65 points (out of a maximum of 100 points) will be considered to be of an unacceptably low quality.
Only tenderers whose bid has scored 65 points or more on the technical evaluation may participate
in the evaluation of the financial proposal (and in the interviews, if applicable). The total score
obtained in this way will then be compared against the price using the method described in the
official tender specifications (see item B.3.2).
B.4. Notification of candidates and tenderers of decisions taken by the contracting authority

Eurostat will inform candidates and tenderers as soon as possible of decisions reached concerning
the award of the contract or of a framework contract, including the grounds for any decision not to
award a contract or framework contract for which there has been competitive tendering or to
recommence the procedure.
In the case of contracts awarded under Article 105 of the Financial Regulation, the contracting
authority will inform all unsuccessful tenderers or candidates, simultaneously and individually, as
soon as possible after the award decision and within the following week at the latest, by mail and
fax or email, that their application or tender has not been accepted, specifying in each case the
reasons why the tender or application has not been accepted.
At the same time that it notifies unsuccessful candidates or tenderers that they have not been
accepted, Eurostat will notify the successful tenderer of the award decision. This notification does
not constitute a commitment on the part of Eurostat.
Unsuccessful tenderers or candidates may request additional information about the reasons for their
rejection in writing by mail, fax or email, and all tenderers who have put in an admissible tender
(i.e. one that meets the exclusion and selection criteria) may obtain information about the
characteristics and relative merits of the tender accepted and the name of the successful tenderer.

                                                                                                     16
However, certain details need not be disclosed where disclosure would hinder application of the
law, would be contrary to the public interest or would harm the legitimate business interests of
public or private undertakings or could distort fair competition between those undertakings.
The contracting authority must reply within fifteen calendar days from receipt of the request.
The contracting authority may not sign the contract or framework contract with the successful
tenderer until two calendar weeks have elapsed from the day after the simultaneous dispatch of the
rejection and award decisions. If necessary, it may suspend signing of the contract for additional
examination if justified by the requests or comments made by unsuccessful tenderers or candidates
during the two calendar weeks following the rejection or award decisions or any other relevant
information received during that period. In that event, all the candidates or tenderers must be
informed within three working days following the suspension decision.
If only one tender has been received, it will not be necessary to wait for fifteen days before signing
the contract.
Should it not be possible to conclude the contract with the successful tenderer or should they
withdraw, Eurostat reserves the right to review its decision and to award the contract to another
tenderer, to close the procedure or to abandon the procurement.
Any request for information and any reply will have neither the purpose nor the effect of suspending
the deadline for lodging an appeal against the contract award decision, which must be done within
two months of the notification.




                                                                                                   17
ANNEXES

ANNEX 1:    Compulsory reply forms for administrative details

ANNEX 2:    Compulsory reply forms for:

            a) Accounting data
            b) Letter of availability of a proposed expert

ANNEX 3:    Compulsory reply form for financial proposal

ANNEX 4:    Annex 4.1: Specimen pre-financing guarantee letter
            Annex 4.2: Specimen performance guarantee letter

ANNEX 5 :   Privacy Statement for Legal Entity and Bank Account Validation




                                                                             18
ANNEX 1: Compulsory reply forms for administrative details and financial identification –
Administrative details


LEGAL NAME OF ORGANISATION:

LEGAL FORM:

FULL REGISTERED ADDRESS:
ADMINISTRATIVE ADDRESS
(where applicable and if different from the
registered address):
COUNTRY OF REGISTRATION                      AND
REGISTRATION NUMBER:
DATE OF REGISTRATION:
VAT NUMBER:
Have you enclosed an official certificate from
your VAT authority?
                                                      YES/NO   LOCATION IN
                                                               THE OFFER:

Have you enclosed a certified copy of:
                                                               LOCATION IN
- the instrument of incorporation or                           THE OFFER:
constitution, and a copy of the statutes if they      YES/NO
are contained in a separate instrument, or a
copy of the notices of such constitution or
incorporation published in the national or other
official journal; and                                 YES/NO
- the most recent amendments to the above-
mentioned       documents      or     a     written
confirmation, signed by an authorised
representative of the tenderer, that such
amendment or transfer has not been made or
taken place respectively?
Have you enclosed a copy of:
                                                               LOCATION IN
- registration in the professional or trade                    THE OFFER:
register in accordance with the legislation of the    YES/NO
country in which the tenderer is established;
- an official document dated no earlier than four
months before the deadline for submission of          YES/NO
tenders (e.g. official gazette, trade register,
Official Journal) identifying the name of the
legal entity, the address of the registered office
and the number of registration in the national
register, where this information does not appear
in the document mentioned in the first indent?
If not, have you enclosed equivalent                  YES/NO   LOCATION IN
                                                               THE OFFER:
documentation?
Do you have a parent company?                         YES/NO

If YES, please indicate the legal name of the
parent company and the structure of the group:




                                                                                      19
PERSON AUTHORISED TO SIGN THE CONTRACT:


PERSON AUTHORISED TO SIGN THE CONTRACT:
NAME:
FIRST NAME:
TITLE (MR, MRS, MS, ...) :
POSITION:
SECOND PERSON AUTHORISED TO SIGN THE CONTRACT:
NAME:
FIRST NAME:
TITLE (MR, MRS, MS, ...) :
POSITION:




Are they authorised to sign independently of each   YES/NO
other?
Have you enclosed a copy of the notice of
                                                             LOCATION IN
appointment of the persons authorised to YES/NO              THE OFFER:
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?




CONTACT PERSON:

CONTACT PERSON:
NAME:
FIRST NAME:
TITLE (MR, MRS, MS, ...):
POSITION:
TELEPHONE:
FAX:
E-MAIL ADDRESS:
OTHER CONTACT DETAILS:




                                                                           20
Annex 2.a. Accounting data
                                                        History
                                                                      t-1                              t
BALANCE SHEET

        ASSETS
1.      Subscribed capital unpaid
2.      Fixed assets                                    0                               0
2.1     Intangible fixed assets
2.2     Tangible fixed assets
2.3     Financial assets
3.      Current assets                                  0                               0
3.1     Stocks
3.2.1   Debtors due after one year
3.2.2   Debtors due within one year
3.3     Disposable assets (cash at bank and in hand )
3.4     Other current assets
        Total assets                                    0                               0
        LIABILITIES
4.   Capital and reserves                               0                               0
4.1  Subscribed capital
4.2  Reserves
4.3  Profit and loss brought forward
5.   Creditors                                          0                               0
5.1.1Long term non-bank debt
5.1.2Long term bank debt
5.2.1Short-term non-bank debt
5.2.2Short-term bank debt
     Total liabilities                                  0                               0
PROFIT AND LOSS
6.   Turnover                                           0                               0
7.   Variations in stocks
8.   Other operating income
9.   Cost of material and consumables
10.  Value added                                        0                               0
11.  Staff costs
12.  Gross operating profit                             0                               0
13.  Depreciation and value adjustments on non-
     financial assets
14.  Net operating profit                               0                               0
15.  Financial income and value adjustments on
     financial assets
16.  Interest paid
16.1 Interest received
17.  Similar charges and income
     Financial profit                                   0                               0
18.  Profit/loss on ordinary activities                 0                               0
19.  Extraordinary income and charges
20.  Taxes on profits
21.  Profit/loss for the financial year                 0                               0
22.  Profit/loss for the financial year and             0                               0
     depreciation

Name (position) and signature


Annexes: Full set of annual accounts and, where required under legislation, full set of audited financial statements (including
auditor's report and accompanying notes) for the last 2 years.




                                                                                                                            21
Annex 2.b. Letter of availability of a proposed expert

INVITATION TO TENDER xxxx/S…-……
All specific features of a specific project or lot are set out in the detailed description of the
project/lot in Part 2 (Technical specifications) of this invitation to tender.



Statement of intent

For the attention of: (name of the tenderer’s enterprise)



I, (name) the undersigned, do hereby grant authority to (company name) to submit my Curriculum
Vitae for the purposes of submitting their bid/proposal responding to Lot x of Eurostat’s Invitation
to Tender No xxxx/S…-…….

I also confirm that in the event that (name of tenderer) is successful in securing this project, I shall
make my services available to this company by working on this project.

I am not engaged in any other project in a manner which would restrict my intended role as an
expert for this project. Should any elements concerning my availability change during the tendering
process, I will immediately report this to (name of tenderer).

I agree to the personal data relating to me being processed as described in part 3, point A.1 of the
specifications relating to this invitation to tender.




Date                                                   Signature




                                                                                                     22
ANNEX 3:      Compulsory reply form for financial proposal

(see required information in the official tender specifications)

INVITATION TO TENDER xxxx/S…-……

LOT X …[Title of Lot X]…………………………………….

N.B. Tenderers are required to indicate prices exclusive of VAT. Tenderers subject to VAT in
Portugal, which operates a system of VAT reimbursement to the Commission, are required to
indicate the VAT rate applicable to the fixed costs quoted:

APPLICABLE VAT RATE: ………………………………………………..%

TENDERER:
…………………………………………………………………………………………………………
………………………………………………………………………………

     Actions/Tasks/Phases      FINANCIAL PROPOSAL IN EURO (EXCL. VAT)
                               Year 1      Year 2     Year 3      Total
     Action/Task/Phase 1
     Action/Task/Phase 2
     Action/Task/Phase 3
     Total amount of bid:

All costs associated with the completion of the work, including overheads such as infrastructure,
administration, management and travel costs should be included in the financial proposal.
Any bid with a financial proposal exceeding the maximum available budget will be rejected.


Tenderers are reminded to provide sufficient information to enable their bid to be assessed on
the basis of the award criteria.




                                                                                              23
Annex 4- Guarantees

4.1- Prefinancing guarantee
For the attention of
                                                  [Address of the Contracting Authority ]
                                                  [Financial Unit mentioned in the Contract]
                                                  referred to below as the "Contracting Authority"



Subject:       Guarantee No …
               Financial guarantee for the repayment of pre-financing payable under Service Contract
               [Contract number and title] (please quote number and title in all correspondence)


We the undersigned, [name and address of financial institution] hereby irrevocably declare that we
guarantee as primary obligor, and not merely as a surety, on behalf of [name and address of the Supplier],
hereinafter referred to as “the Beneficiary”, payment to the European Commission of [amount of the pre-
financing in euros], this amount representing the guarantee referred to in Article I.4.1 of the service contract
[Contract number and title] concluded between the Beneficiary and the European Commission, hereinafter
referred to as “the Contract”.

Payment shall be made without objection or legal proceedings of any kind, upon receipt of your first written
claim (sent by registered letter with confirmation of receipt) stating that the Beneficiary has not repaid the
pre-financing on request or that the Contract has been terminated for any reason whatsoever. We shall not
delay the payment, nor shall we oppose it for any reason whatsoever. We shall inform you in writing as soon
as payment has been made.

We accept notably that no amendment to the terms of the Contract agreed between the European
Commission and the Beneficiary can release us from our obligation under this guarantee. We waive the right
to be informed of any change, addition or amendment to the Contract.

We note that
- we shall pay to the European Commission at its request an amount corresponding to payments made by it
  to the Beneficiary which have not been covered by equivalent work on his part.
- we shall be released from our obligations as soon as the Beneficiary has demonstrated that any pre-
  financing has been covered by equivalent work.
- the guarantee shall be retained until the pre-financing has been deducted from interim payments or
  payment of the balance to the Beneficiary. It shall be released the following month.

The law applicable to this guarantee shall be that of Luxembourg. Any dispute arising out of or in
connection with this guarantee shall be referred to the courts of Luxembourg.

This guarantee shall come into force at the latest on the date on which the beneficiary receives the pre-
financing.

……………………..                                                                 …………………………
(Date a place of signing)                                                    (Signature)2




2
     The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed characters.
                                                                                                                          24
    4.2- Performance guarantee

For the attention of
                                                    [Address of the Contracting Authority ]
                                                    [Financial Unit mentioned in the Contract]
                                                    referred to below as the "Contracting Authority"

Subject:      Guarantee No …
              Financial guarantee for the performance of Service Contract [Contract number and title]
              (please quote number and title in all correspondence)
On ....... [Date] you sent contract No 3....... [Contract number] for the supply of ....... [Contract title]
to ....... [Name of contractor] for signature.
In accordance with the provisions of this contract, any dispute between you and ....... [Name of
contractor] will be brought before the Luxembourg courts, the agreement being governed by
Luxembourg law.
We hereby irrevocably undertake to pay all amounts owed to you by ....... [Name of contractor], up to
a maximum of ......., if it fails to fulfil its contractual obligations to deliver goods and/or services
within the time-limit and/or under the conditions specified in the contract.
This guarantee shall enter into force on the date of issue for an unlimited period. It will be released
discharged 60 days after payment of the balance. It shall cover performance of the Contract in
accordance with the terms set out in Annex I of the contract.
This guarantee may be called in on the first request for payment by the Commission by registered
letter stating that ...... [Name of contractor] has failed to fulfil its contractual obligations and
specifying the amount being claimed.
Any application to call in this guarantee must reach us within 60 days of the expiry date of the
contract and any extensions thereto.
On receipt of the request we will make the payment without exception or objection, within 15 days.
All payments made pursuant to this guarantee will be deducted from the amount cited above.
This guarantee and the effect given to it are governed exclusively by Luxembourg law.
Any dispute between your institution and us relating to this guarantee or to any payment made in the
context thereof will be brought before the Luxembourg courts.
……………………..                                                                   …………………………
(Date and place of signing)                                                    (Signature)4




3
       This reference must be included in the guarantee document and must be quoted in any request for return of the original document.
4
       The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed characters.
                                                                                                                                      25
ANNEX 5 : Privacy Statement for Legal Entity and Bank Account Validation


The Commission service in charge of Legal Entity and Bank Account Validation in DG BUDGET
will collect and register into the Commission’s accounting system your personal data only to the
extent necess ary to process and account for financial and contractual relations you have or will
have with the Commission.
Who has access to your information and to whom is it disclosed?
All authorised Commission staff dealing with financial and accounting matters have access to your
data, without prejudice to possible transmission to Community Control Authorities charged with a
monitoring or inspection task in conformity with Community law in the context of a specific
inquiry. No transfer is operated to national authorities.
How do we protect and safeguard your information?
The data collected in the Commission’s accounts can be accessed by designated Commission
officials, using a UserID and a Password. A Service Level Agreement with the organisational
entities charged with the operational execution guarantees the appropriate confidentiality and the
technical and organisational security, as requested by the applicable data protection provisions.
How can you verify, modify or delete your information?
You have no direct access to your personal data stored. If you wish to verify or modify any of your
personal data, exerting your rights as laid down in section 5 of Regulation (EC) 45/2001 on the
protection of personal data and the processing thereof, please send a message to one of the
following contact mailbox: budg-legal-entity@ec.europa.eu or FTVT@ ec.europa.eu, attaching a
copy of your ID-card or passport, and explicitly specify your request . But please note that
modifications to registered data are made only if based on compelling grounds and supported by
valid justifying documents.
How long do we keep your data?
For audit trail reasons and to permit at all times queries on the past execution of payments,
noregistered data are deleted from the accounts. The forms and documents you submit are scanned
and archived electronically. The original forms and documents are transferred to the Commission’s
central archives where they will be kept for no longer than 15 years.
Contact Information
Should you have any questio n or request concerning your information submitted, please send an e-
mail message, to which must be attached a copy of your ID -card or passport , to one of the
following contact mailbox: budg-legal-entity@ ec.europa.eu or FTVT@ ec.europa.eu.
Recourse
In case of conflict with the Controller concerning the processing of your personal data, you have the
right to have recourse at any time to the European Data Protection Supervisor.




                                                                                                  26

								
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