Prefinancing Advisory Agreement by kle66196

VIEWS: 5 PAGES: 9

More Info
									                              Specifications – Tender No VT/2005/048




1. Title of contract

Study to analyse and assess the practical implementation of Council Directive 91/383/EEC of 25 June 1991
supplementing the measures to encourage improvements in the safety and health at work of workers with a
fixed-duration employment relationship or a temporary employment relationship

2. Background

The purpose of Council Directive 91/383 is to ensure that workers with a fixed-duration employment relationship
or temporary employment relationship are afforded, as regards safety and health at work, the same level of
protection as that of other workers in the user undertaking.

This Directive takes account of the specific situation of these two categories of workers, who are exposed to
particular risks, by enacting supplementary protection measures concerning, in particular, information, training
and medical surveillance.

Article 10(3) of Directive 91/383/EEC provides that "Member States shall report to the Commission every five
years on the practical implementation of this Directive, setting out the points of view of workers and employers.
The Commission shall bring the report to the attention of the European Parliament, the Council and the
Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at
Work."

In the Commission staff working paper of 18 May 2004 (SEC(2004)635), the Commission took the view that
thirteen years after the adoption of the Directive, the situation revealed by the national reports of the fifteen
Member States involved in the exercise is far from satisfactory, stating that “given that the national provisions
transposing this Directive have been applicable for a considerable period of time, the information available
should be clearer so that the implementation of the Directive can be evaluated in a detailed and, if not
exhaustive, at least fairly complete manner." Consequently, the Commission concludes that there is a need to
launch a study to analyse and assess the practical implementation of Directive 91/383.




3. Purpose of the contract

The purpose of the study is to analyse and assess the impact of the practical implementation of national
legislation in the field of safety and health at work relating to Council Directive 91/383/EEC of 25 June 1991
supplementing the measures to encourage improvements in the safety and health at work of workers with a
fixed-duration employment relationship or a temporary employment relationship for each of the 15 Member
States which belonged to the EU before 30 April 2004.



                                                       1
 Enforcement of Community legislation on safety and health at work is the responsibility of the national
 authorities. Compliance with the principle of subsidiarity in this area of shared competence means that the
 Commission’s actions must be limited to supporting the Member States, the employers and the workers in the
 analysis of the impact of the practical implementation of national legislation transposing the above Directive in
 undertakings and public sector bodies. This action will also provide guidance for Member States in identifying
 and resolving difficulties encountered in connection with the practical application of national legislation.


 4. Participation in the contract

   Please note that:

- Participation is open on equal terms to all physical and legal persons coming within the scope of the treaties and
any other physical or legal person from a third country which has concluded with the Communities a specific
agreement in the area of public contracts, under the conditions provided for in that agreement.

 - Where the multilateral agreement on public contracts concluded within the framework of the WTO applies, the
 contracts are also open to nationals of States that have ratified this agreement, under the conditions provided for
 therein. It should be noted that research and development services, which come under Category 8 of Annex I-A
 of Directive 92/50/EEC, are not covered by this agreement.

 - In practice, the participation of applicants from third countries that have concluded a bilateral or multilateral
 agreement with the Communities in the area of public contracts must be allowed under the conditions provided
 for in that agreement.


 5. Tasks to be carried out by the contractor


 5.1. Description of the tasks

 5.1.1 The tasks to be carried out for the present study comprise first of all the identification, analysis and
 assessment of:

    a) the specific protection instruments provided for by Directive 91/383 as transposed by the Member States
 and implemented by the undertakings and public sector bodies;

     b) the impact of the introduction of these specific protection instruments on the levels of safety and health
 protection at work for persons covered by the scope of Directive 91/383;

     c) the difficulties encountered in, and positive consequences of, the practical application of the national
 legislation transposing Directive 91/383 in the field of safety and health at work by undertakings and public
 sector bodies;

     d) questions which may have arisen in the practical application of the national legislation transposing
 Directive 91/383 on safety and health at work.



                                                          2
The identification, analysis and assessment of the points listed in a), b), c) and d) above should, as far as
possible, distinguish between the two categories of personnel covered by the Directive, i.e. temporary workers
and workers on fixed-duration contracts.

The results of these analyses and assessments should thus describe the existing situation and provide objective
information enabling the Member States to identify any measures which need to be taken to make
implementation of the national provisions more effective.

- 5.1.2 The tasks to be carried out for this study also aim to contribute to the identification of further measures,
legislative or otherwise, which will promote the improvement of the health and safety of workers covered by the
scope of Directive 91/383. The final report will give a list of suggestions and recommendations which could
permit better implementation or adaptation of the legislation transposing Directive 91/383.

Both for the section on the existing situation (5.1.1) and for that on the suggestions and recommendations for
the future (5.1.2), it will be necessary to compile and describe explicitly in the final report the opinions and
positions of:

- undertakings and public sector bodies using personnel covered by the scope of the Directive,
- workers concerned and/or their representatives,
 - the representatives of employers and workers at national level,
- workers, services or persons designated in accordance with Article 7 of Directive 89/391/EEC to carry out
protection and prevention activities,
- the authorities or services competent for the surveillance of working and employment conditions linked to the
health and safety of workers.


5.2 Guide and details of how the tasks are to be carried out

In the tender, the tenderer will indicate the methodology he intends to use, the rigour of the approach envisaged
and how suitable it is for performing the tasks set out in section 5.1 of these specifications. The rigour of the
proposed approach and its suitability for correctly reflecting the real situation will form some of the criteria
governing the award of this contract.

The methodology must make it possible to identify, analyse and assess the various elements listed in section
5.1 by Member State, for each of the 15 Member States which belonged to the EU prior to 30 April 2004 and
should not be restricted to documentary identification, analysis and assessment, covering the aspects described
in Section 5.1 above. The contractor must contact the persons mentioned in 5.1 or their representatives (e.g.:
e.g. visits, interviews, questionnaires, etc) in order to obtain their opinions and views on the two stages of
execution of the work.




6. Professional qualification required

Tenderers must have a team with confirmed experience in the specific field of health and safety and in the
application of analysis and assessment techniques and compilation of information. In order to carry out the
analyses and assessments required correctly, the tenderer and his team must be familiar with Council Directive
91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health
                                                         3
at work of workers with a fixed-duration employment relationship or a temporary relationship and with the
national provisions of the 15 Member States transposing the Directive. Depending on his skills, a person may be
a member of more than one team. The team must have the ability to communicate with undertakings, public
sector bodies and employers and workers concerned in the 15 Member States of the European Union covered
by the study.


7. Timetable and reports

Cf. Article I.2 of the contract
The work shall be completed within a maximum of 14 (fourteen) months from the date of signature of the
contract. It shall cover the following steps:

   1. Within a maximum of 15 (fifteen) days after the signature of the contract, the contractor shall submit the
methodology and approach he intends to use in detail, together with the timetable, to the European Commission
(Unit EMPL D/2) in French or English.

   2. No later than 5 (five) months after the signature of the contract, the contractor shall present the European
Commission (Unit EMPL D/2) with an interim report describing the progress of work in relation to the timetable,
together with a summary of the results obtained so far. The interim report shall be in French or English.

   3. 11 (eleven) months after the signature of the contract, the contractor shall submit a draft final report in
French or English, including the various elements described in Section 5.1 above to the European Commission
(Unit EMPL D/2).

   4. The Commission (Unit EMPL D/2) may, within 30 days of receiving the draft, submit objections and
comments to the contractor. The contractor shall then submit the final report within 15 days of receiving the
above objections and comments, taking them into account or presenting another point of view.

    5. 45 (forty-five) days after submitting the draft final report, in the absence of objections and/or comments
from the European Commission (Unit EMPL D/2), the draft final shall be considered as definitive.

   6. Once accepted by the Commission, the final report shall be provided within a maximum of one month in
French, English and German.

N.B.::

- The draft final report and the final report shall include a concise summary of the main results obtained.

- The detailed methodology and work plan, together with the various reports referred to in this section, shall be
submitted to the European Commission (Unit EMPL D/2) both on paper (in triplicate) and in a widely used
electronic format. The contractor shall also supply a copy of the information collected and used to draw up the
final report. At the contractor’s request, this information shall be treated as confidential.


8. Payments and standard contract



                                                         4
Bids should be drawn up bearing in mind the provisions of the standard contract, including the “General Terms
and Conditions Applicable to Contracts”.

8.1. Pre-payment

Following signature of the contract by the last contracting party, within 30 days of receipt by the Commission of a
duly constituted financial guarantee equal to at least the invoiced prefinancing amount, a prefinancing payment
equal to 30% of the total amount referred to in Article 1.3.1 of the model contract shall be made.

8.2. Interim payment

Requests for interim payments by the contractor shall be admissible if accompanied by:

   - an interim report in accordance with the instructions in point 7.
   - the relevant invoices


provided the report has been approved by the Commission.

From the date of receiving the report, the Commission shall have 45 days to approve or reject it and the
contractor shall have 45 days in which to submit additional information or a new report. Within 30 days of the
date on which the report is approved by the Commission, an interim payment shall be made corresponding to
the relevant invoices, up to a maximum of 40% of the total amount of the contract, referred to in Article 1.3.1 of
the model contract.


8.3. Payment of the balance

The request for payment of the balance by the contractor shall be admissible if accompanied by:

   - the final report drawn up in accordance with the instructions in point 7.
   - the relevant invoices

provided that the report has been approved by the Commission.


The Commission shall have 45 days from receipt of this report to approve or reject it and the contractor shall
have 30 days in which to submit additional information or a new report.

Within 30 days of the date on which the report is approved by the Commission, the balance corresponding to
the invoices concerned shall be paid.


   9. Price

Under Articles 3 and 4 of the Protocol on Privileges and Immunities of the European Communities, the latter are
exempt from all taxes and duties, including value added tax; these taxes may not therefore be included in the
bid price. The amount of VAT is to be stated separately.
                                                         5
Prices shall be in euros (€), excluding VAT (using the conversion rates published in the Official Journal of the
European Union, series C, and applicable on the day on which the invitation to tender is issued), and broken
down in accordance with the model in Annex III included in the enclosed model contract.

Part A: Fees and direct costs

Fees, expressed in number of persons/days and unit price per working day for each expert proposed. The unit
price covers the experts’ fees and the administrative expenditure, but not the reimbursable expenses referred to
below.

Part B: Reimbursable expenses

- Travel expenses (other than the cost of local transport)
- Subsistence expenses of the contractor and his personnel (covering expenditure incurred by experts on short
trips away from their normal place of work) – cf. p. 17 of the model contract
- Costs of transporting unaccompanied equipment or luggage directly linked to the performance of the tasks
specified in Article I.1 of the model contract.

Total price = Part A + B, with an overall ceiling of €150.000.

10. Composition of partnership or consortium

If a partnership or consortium is envisaged, their composition shall be specified and the criteria listed under point
12 must be detailed for each individual member of the partnership. In addition, one of the consortium members
shall be designated as lead contractor and shall assume full responsibility towards the Commission as regards
both the bid and the future contract if awarded to them.




11. Exclusion criteria and supporting documents


Governed by:

Article 93 of the Financial Regulation

1) Applicants or tenderers shall be excluded if:

a) they are bankrupt or being wound up or having their affairs administered by the court, have entered into an
arrangement with creditors, have suspended business activities, 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;


                                                          6
d) they have not fulfilled their 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, the country of the
awarding authority or those of the country in which the contract is to be performed;

e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement
in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

f) following another procurement procedure or grant award procedure financed by the Community budget, they
have been declared to have been in serious breach of contract for failure to comply with their contractual
obligations.

2 Candidates or tenderers must certify that they are not in one of the situations listed in paragraph 1.


Article 134 of the Implementation Arrangements – supporting documents

1) The contracting authority shall accept as satisfactory evidence that the candidate or tenderer is not in one of
the situations described in points a), b) or e) of Article 93 of the Financial Regulation, production of a recent
extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative
authority in the country or origin or provenance, showing that these requirements are met.

2) The contracting authority shall accept as satisfactory evidence that the candidate or tenderer is not in the
situation described in point d) of Article 93 of the Financial Regulation, a recent certificate issued by the
competent authority of the State concerned.
Where no such document or certificate is issued by the country concerned, it may be replaced by a sworn or,
failing that, a solemn statement made by the interested party before a judicial or administrative authority, a
notary or a qualified professional body in the country of origin or provenance.

3) Depending on the national legislation of the country in which the tenderer or candidate is established, the
documents referred to in paragraphs 1 and 2 above shall relate to legal and/or physical persons, including,
where considered necessary by the awarding authority, company directors or any persons with powers of
representation, decision-making or control in relation to the tenderer.

Article 94 of the Financial Regulation

Contracts may not be awarded to candidates or tenderers who, during the procurement procedure:

a) are subject to a conflict of interests;

b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition
of participation in the contract procedure, or fail to supply this information.


See Annex I (which may be used as a check-list) for the supporting documents accepted by the European
Commission to be provided by candidates, tenderers or bidders.




                                                          7
A written and spontaneous declaration made by a candidate that he is not in one of the situations
referred to in Articles 93 1a), b), d) and e) shall not be accepted by the services of DG Employment..

Any bid not including the supporting documents provided for in this Annex will be excluded.




12. Selection criteria


All bids shall also contain the documents listed above testifying to the tenderer’s financial and economic
standing, technical capability and professional qualifications. In particular, the Commission shall examine:

12.1. Economic and financial standing: on the basis of the following documents:


Turnover during the previous financial year and turnover on assessment services provided during the past three
financial years:

- Balance sheets and profit and loss accounts for the past three financial years, if the legislation of the country in
which the tenderer is established requires them to be published;

- Regular accounts for the quarter preceding that in which the notice of invitation to tender was published if the
full accounts for the previous financial year are not yet available;

- Total turnover and turnover on services similar to those described in these specifications for the past three
financial years.


12.2. Description of the technical capability of the tenderer:

- Description of the technical capability and practical experience of the tenderer in the fields referred to in
points 3,.5 and 6 of these specifications. For consortia of companies or groups of service providers, this
description shall relate specifically to the tasks to be performed by each of their various members.

- Examples demonstrating the tenderer’s technical capability and practical experience.

- Excellent knowledge of Council Directive 91/383/EEC of 25 June 1991, supplementing the measures to
encourage improvements in the safety and health at work of workers with a fixed duration employment
relationship or a temporary employment relationship.

 - Sound ability to communicate with undertakings, public authorities and all persons or bodies which, in each of
the Member States concerned, are in charge of the implementation or control of application of Directive 91/383.

- The tenderer shall provide the names and curriculum vitae (3 pages maximum) of the persons responsible
for the specific tasks described in paragraphs 5 and 6 of these specifications with a view to ascertaining their
practical experience in the field referred to and their ability to communicate with the undertakings and/or
establishments.
                                                          8
Any bid not containing the elements setting out the tenderer’s economic, financial and technical
capacity will be eliminated.




13. Award criteria


Of the bids which satisfy the requirements in points 11 and 12 above, the contract shall be awarded to the bid
offering the best quality/price ratio, taking into account the following criteria:
- quality and rigour of the technical and methodological approach
    (including ability to correctly reflect the real situation) :                 30 %
- quality of the work plan proposed:                                              50 %
- organisation of the work and management of the project :                        20 %

It should be noted that the contract shall not be awarded to any bid receiving less than (70 %) for the award
criteria.

The points total shall then be divided by the price. The bid with the highest quality/price ratio shall be chosen.


14. Content and presentation of bids

14.1 Content of the bids

Bids shall include:

- The documents required at point 11 above.
- All information and documents necessary to enable the Commission to appraise the bid on the basis of the
selection and award criteria (see points 12 and 13 above).
- A bank ID form duly completed and signed by the bank.
- A “legal entity” form duly completed
- Price (use the form provided).
- Detailed CVs of the experts proposed.
- The name and function of the contractor’s legal representative (person authorised to act on behalf of the
contractor in any legal dealings with third parties).
- Proof of eligibility: tenderers shall indicate the State in which they have their registered office or are established,
providing the necessary supporting documents in accordance with their national law.

15. Presentation of bids

- Bids shall be submitted in triplicate (1 original and 2 copies)
- They shall include all the information required by the Commission (see sections 9, 10, 11 and 12 above)
- They shall be clear and concise.
- They shall be signed by the legal representative. Any unsigned bid will be excluded.
- They shall be submitted in accordance with the specific requirements set out in the letter of invitation to tender
and within the deadlines indicated in this letter.
                                                           9

								
To top