94 95 9 6 Invitation to tender - European...

УЛ ь EUROPEAN COMMISSION

Office for Infrastructure and Logistics - Luxembourg

OiL.06 Finance - Procurement - Reporting

Invitation to tender

Luxembourg, ö ľ "08- ¿012 OIL.06.002-ASM/mc ARES (2012)

94 95 9 6

Subject: Invitation to tender No 07/2012/OIL 'On-site assistance and technical

management'

Ref.: Contract notice published in the Supplement to the EU Official Journal on

07/08/2012 under reference 2012/S 150-249929.

Dear Sir/Madam,

1. The European Commission is planning to award the contract referred to above. I hereby

inform you that the tender documents concerning the above-mentioned contract are

available on our website at the following address: http://ec.euiOpa.eu/oil/appels en.htm

2. If you are interested in this contract, you should submit a tender in one original and two

copies in one of the official languages of the European Union.

3. Bids must be submitted in writing:

a) either by post or by courier not later than 11 September 2012, as evidenced by the

postmark or the date of the deposit slip, to the address indicated below:

b) or delivered by hand no later than 16:00 on Π September 2012 to the address

below. In this case a receipt must be obtained as proof of submission, signed and

dated by the official in the Commission's central mail department who took

delivery.

The department is open írom 09:00 to 16:00 Monday to Friday. It is closed on Saturdays,

Sundays and Commission holidays.

By post:

EUROPEAN COMMISSION

Unit OIL.06 - Finance - Procurement

Reporting

Contracts and Invitations to Tender

Office JMO-A1/029

L-2920 LUXEMBOURG

By courier or delivered by hand:

EUROPEAN COMMISSION

Unit OIL.06 - Finance - Procurement

Reporting

Contracts and Invitations to Tender

Office JMO-A1/029

Jean Monnet Building - Main entrance

rue Alcide de Gasped

L-2920 LUXEMBOURG

http://ec.euiOpa.eu/oil/appels

Tenders must be placed inside two sealed envelopes. The inner envelope shall bear, in addition to the name of the department to which it is addressed, as indicated above, the words 'INVITATION TO TENDER No 07/2012/OIL - 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.

The inner envelope must also contain two sealed envelopes, one containing the technical bid and the other the financial bid. Each of these envelopes must clearly indicate the content ('Technical bid' and 'Financial bid').

4. The tender dossier comprises the following: • this letter of invitation to tender; • the specifications, which specify information relating to the award of the contract, all

the documents to be completed and any further information to be added for submission of the bid;

• the draft contract and its annexes covering all particulars relating to performance of the contract.

Each of the above documents is an integral part of the Invitation to Tender.

5. Tenders must be: - signed by the tenderer's duly authorised representative; - perfectly legible so that there can be no doubt as to words and figures;

drawn up using the standard reply forms in the specifications.

6. The period of validity of the tender, during which the tenderer may not modify the terms of its tender in any respect, is nine months from the closing date for the submission of tenders.

7. Submission of a tender implies acceptance of the terms and conditions set out in this invitation to tender, in the specifications and in the draft contract and, where appropriate, waiver of the tenderer's own general or specific terms and conditions. Submission of a tender is binding on the tenderer to whom the contract is awarded for the duration of the contract.

8. The costs incurred in preparing and submitting tenders are borne by the tenderer and cannot be reimbursed.

9. Contacts between the contracting authority and tenderers are prohibited throughout the procedure save in exceptional circumstances. They will be permitted under the following conditions only:

- Before the closing date for submission of tenders:

• At the request of the tenderer, the contracting authority may provide additional information solely for the purpose of clarifying the nature of the contract.

Requests for additional information must be made in writing only to oil-appels-offresfg),ec,europa.eu or by fax to +352 4301 32109.

Requests for additional information received less than five working days before the closing date for submission of tenders will not be processed.

* The Commission may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any other clerical error in the text of the call for tenders.

* Where appropriate, any additional information and the information referred to above will be published on the following website: http://ec.europa.eu/oil/appels en.htm. The website will be updated regularly and it is the tenderers' responsibility to check for updates and modifications during the tendering period.

" After the opening of tenders

* If clarification is required or if obvious clerical errors in the tender need to be corrected, the contracting authority may contact the tenderer provided the terms of the tender are not modified as a result.

10. A compulsory site inspection is planned (see point 1.5 of the Specifications).

11. This Invitation to Tender is in no way binding on the Commission. The Commission's contractual obligation commences only upon signature of the contract with the successful tenderer.

12. Up to the point of signature, the contracting authority may either abandon the procurement or cancel the award procedure, without the candidates or tenderers being entitled to claim any compensation. This decision must be substantiated and the candidates or tenderers notified.

13. Once the Commission has opened the tender, the document will become the property of the Commission and it shall be treated confidentially.

14. Tenderers will be informed of the outcome of this procurement procedure.

15. If processing your reply to the invitation to tender involves the recording and processing of personal data (such as your name, address and 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 indicated otherwise, your replies to the questions and any personal data requested are required to evaluate your tender in accordance with the specifications of the invitation to tender and will be processed solely for that purpose by OIL. Details concerning the processing of your personal data are contained in the privacy statement at: http://ec.euiOpa.eu/datamOtectionofficer/privacvstatement publicprocurement en.pdf.

16. Your personal data may be registered by the Commission Accounting Officer either in the Early Warning System (EWS) only or in both the EWS and the Central Exclusion Database, should you be in one of the situations mentioned in:

- Commission Decision 2008/969 of 16 December 2008 on the Early Warning System (for more information see the Privacy Statement at

http://ec.europa.eu/oil/appels

http://ec.euiOpa.eu/datamOtectionofficer/privacvstatement

http;//ec.euroDa.eu/budgel/contracts Riants/info contracts/legal entities/letîal entities e n.ci'm), or

- Commission Regulation No 1302/2008 of 17 December 2008 on the Central Exclusion Database (for more information see the Privacy Statement at http://cc.europa.eu/budget/cxplained/management/protccting/piOtect en.cfm#BDCE'),

Yours faithfully,

/yvel.

Benoît Morisset Head of Unit

http://cc.europa.eu/budget/cxplained/management/protccting/piOtect

Contract number: 07/2012/OIL September 2011 Specimen Contract Draft Contract

1

EUROPEAN COMMISSION Office for Infrastructure and Logistics - Luxembourg OIL.06 Finance – Procurement – Reporting

DRAFT SERVICE CONTRACT

CONTRACT NUMBER – 07/2012/OIL ‘On-site assistance and technical management’

The European Union (hereinafter referred to as ‘the EU’), represented by the European Commission (hereinafter referred to as ‘the Commission’), itself represented for the purposes of the signature of this Contract by Ms Marian O'Leary, Director of the Office for Infrastructure and Logistics, Luxembourg (hereinafter referred to as ‘OIL’), or her duly authorised representative, of the one part, and [official name in full] [official legal form] [statutory registration number] [official address in full] [VAT registration number] (hereinafter referred to as ‘the Contractor’), [represented for the purposes of the signature of this Contract by [forename, surname and function,]] [The parties identified above and hereinafter collectively referred to as ‘the Contractor’ shall be jointly and severally liable vis-à-vis the Commission for the performance of this Contract]. of the other part,


2

HAVE AGREED the Special Terms and Conditions and the following Annexes: Annex I A General Terms and Conditions B Specimen order form Annex II A Price schedule B Technical specifications Annex III Tender Specifications (Invitation to Tender No 07/2012/OIL of …)

Annex IV Invitation to tender (No 07/2012/OIL of …)

Annex V Safety instructions which form an integral part of this Contract (hereinafter referred to as ‘the Contract’). - The terms set out in the Special Terms and Conditions shall take precedence over

those in the other parts of the Contract. - The terms set out in the General Terms and Conditions shall take precedence over

those in the specimen order form (Annex IB). - The terms set out in the specimen order form (Annex IB) shall take precedence over

those of the other annexes. - The terms set out in the Tender Specifications (Annex III) shall take precedence over

those in the Tender (Annex IV). - The terms set out in the Contract shall take precedence over those in the order forms. Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Commission, subject to the rights of the Contractor under Article I.7 should he dispute any such instruction.


3

I – SPECIAL TERMS AND CONDITIONS ARTICLE I.1 - SUBJECT I.1.1. This Contract concerns the provision of services (Items I and II) with regard to the

Euroforum, Hitec and Drosbach buildings and any other building or part of a building that the Commission may occupy in the future in the Grand Duchy of Luxembourg.

Item I: On-site technical management + on-going assistance

Item II: Specific assistance I.1.2. The Contractor shall carry out the tasks described in detail in Annex IIB in

accordance with the provisions set out in the Contract and its Annexes. I.1.3. The services of Item II which may prove necessary may be assigned to the

Contractor. This shall be subject to order forms drawn up in advance, issued by the Commission on the basis of the hourly rates set out in the price schedule in Annex IIA.

ARTICLE I.2 – DURATION I.2.1. The Contract shall enter into force on 1 December 2012. I.2.2. Under no circumstances may implementation commence before the date on which

the Contract enters into force. I.2.3. The duration of the tasks shall not exceed 61 months. This period and all other

periods specified in the Contract are calculated in calendar days. Execution of the tasks shall begin on 1 December 2012. The period of performance of the work may be extended only with the express written agreement of the parties before expiry of the deadline.

Execution of the tasks under Item II may under no circumstances begin before the date on which the order enters into force. After signature of the Contract and before the start of services, a preparatory phase is to be provided for in accordance with point 3 of Annex IIB.

I.2.4. The Contractor shall perform the tasks described in Article I.1 for an initial

duration of one year or up until 31 December 2013. After this date, it will be renewed by tacit agreement four times, each time for a period of one year, or no later than 31 December 2017, unless terminated by either party by registered letter six months before the end of the current Contract period. Renewal does not imply any modification or deferment of existing obligations.

I.2.5. The order forms shall be returned signed before the Contract to which they refer expires.


4

After its expiry, the Contract shall continue to apply to such order forms. They shall be executed no later than three months after the Contract expires.

ARTICLE I.3 – PRICES I.3.1. The maximum total amount to be paid by the Commission under the Contract shall

be EUR ……………., covering all tasks executed.

I.3.2 Price revision

The prices listed in Annex A shall be fixed and not subject to revision during the first year of duration of the Contract.

From the beginning of the second year of the Contract and of each subsequent year, 100% of the prices under Item I and part (80%) of each price under Item II may be revised upwards or downwards where such revision is requested by one of the contracting parties by registered letter. The Commission shall purchase on the basis of the prices in force on the date on which orders are signed. Such prices shall not be subject to revision.

Such revision shall be determined by the trend in the harmonised consumer price index MUICP published by the Publications Office of the European Union in the Eurostat monthly ‘Data in Focus’ publication at:

http://epp.eurostat.ec.europa.eu/portal/page/portal/hicp/publications/data_in_focus

Revision for Item I shall be calculated using the following formula:

Ir Pr=Po— Io

Revision for Item II shall be calculated using the following formula:

Ir Pr = Po (0.2 + 0.8 — )

Io

where:

Pr = revised price; Po = price in the original tender; Io = either:

- the index for the month corresponding to the final date for submission of tenders;

- the index for the month corresponding to the date the supplementary agreement entered into force;

Ir = the most recent final index published before the letter requesting a revision of prices was received.

The revised prices shall apply from the first day of the quarter following the date on which the request for revision was received. No retroactive effect shall be permitted.

http://epp.eurostat.ec.europa.eu/portal/page/portal/hicp/publications/data_in_focus


5

ARTICLE I.4 – PAYMENTS AND IMPLEMENTATION OF THE CONTRACT

I.4.1 Payment

Payment under the Contract is made as follows: Item I: for December 2012, in arrears, at a rate of 1/12 of the amount;

thereafter quarterly, in arrears, at a rate of one quarter of the annual flat rate set out in Annex IIA.

Item II: on the basis of the amounts in the order forms, once the work ordered has been performed, calculated on the basis of the unit prices set out in Annex IIA.

I.4.2 For Item I, as of 2013 payment for the last quarter of each year will be made after adjusting for any reduction in the hours worked, in accordance with point 3.6 of Annex IIB.

I.4.3 For Item II, the payment request or invoice shall be admissible if it includes the reference number of the Contract as well as the bank account details, and is accompanied by a copy of the order form(s) issued by the Commission.

I.4.4 The Commission undertakes to pay sums due to the Contractor pursuant to this Contract within a maximum of 30 (thirty) calendar days, running from the date on which the payment request is registered to the date on which the Commission’s account is debited, on condition that the corresponding work has been carried out.

I.4.5 Payment under the Contract will not be made until the Contractor has fulfilled all its obligations under the Contract. Payment requests for Item II shall be inadmissible where payments for previous periods have not been made as a result of default or negligence on the part of the Contractor.

***

For Contractors established in Belgium, the order forms shall include the following provision: ‘En Belgique, l’utilisation de ce bon de commande vaut présentation d’une demande d’exemption de la TVA n° 450 (circulaire 2/1978)’ or an equivalent statement in Dutch or German. The Contractor shall include the following statement in its invoice(s): ‘Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA (circulaire 2/1978)’ or an equivalent statement in Dutch or German.

I.4.6 Invoicing addresses All requests for payment must be sent to the following address:

EUROPEAN COMMISSION Office for Infrastructure and Logistics, Luxembourg Unit OIL.06 – Finance – Procurement – Reporting - Invoicing (Administrative expenditure) L-2920 Luxembourg

I.4.7 The Commission’s undertaking to meet the payment deadlines shall be conditional upon the proper submission of requests for payment to the above address.

ARTICLE I.5 – BANK ACCOUNT Payments shall be made to the Contractor’s bank account denominated in euros, identified as follows:


6

Name of the bank: Full address of branch: Exact designation of account holder: Full account number, including codes: IBAN code:

ARTICLE I.6 – GENERAL ADMINISTRATIVE PROVISIONS I.6.1 Any communication relating to the Contract or to its implementation shall be made

in writing in paper or electronic form and shall bear the Contract number. Ordinary mail shall be deemed to have been received by the Commission on the date on which it is registered by the department responsible indicated below.

Electronic communication must be confirmed by paper communication when requested by any of the parties. The parties agree that paper communication may be replaced by electronic communication with an electronic signature.

Correspondence shall be sent to the following addresses:

Commission: EUROPEAN COMMISSION Office for Infrastructures and Logistics, Luxembourg Unit OIL.03 ‘General maintenance and Facility management’ L - 2920 Luxemburg

Contractor:

Mr/Mrs/Ms [complete] [Position] [Company name] [Official address in full]

I.6.2 Any communication relating to a request for a price revision, amendment or termination of the Contract shall be sent to the following address:

EUROPEAN COMMISSION Office for Infrastructures and Logistics, Luxembourg Unit OIL.06 – Finance – Procurement – Reporting Contracts and invitations to tender L - 2920 Luxemburg Email: [email protected]

ARTICLE I.7 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.7.1. The Contract shall be governed by Union law, complemented, where necessary, by

the national substantive law of Luxembourg.

I.7.2. Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of Luxembourg.

mailto:[email protected]


7

ARTICLE I.8 – DATA PROTECTION Any personal data included in the Contract shall 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 movements of such data. The data shall be processed solely for the purposes of the performance, management and monitoring of the Contract by the entity referred to in Article I.6.2 as the data controller, without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in application of EU law. ARTICLE I.9 – USE OF THE RESULTS

I.9.1 Modes of use All documents/reports produced within this Contract and for which the rights vest in the Commission and thereby the Commission has acquired the ownership in accordance with Article II.10 may be used in the following way:

i) distribution; ii) storage; iii) archiving in line with the applicable document management rules; iv) amendments made by the Commission or by a third party; v) language versions; vi) use for own purposes; vii) allowing use of results by third parties.

This list may be further specified in the order form.

I.9.2 Pre-existing rights, intermediaries, copyright (Not applicable to this Contract)

I.9.3 Partial vesting of rights (pre-existing or not pre-existing) (Not applicable to this Contract)

ARTICLE I.10 – TERMINATION BY EITHER CONTRACTING PARTY Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving nine months formal prior notice. Should the Commission terminate the Contract, the Contractor shall be entitled only to payment corresponding to the part of the services ordered that have already been carried out before the termination date. Article II.14.4 shall apply accordingly. ARTICLE I.11 – CONTRACT CONCLUDED DURING STANDSTILL PERIOD

If this Contract was signed by both the Commission and the Contractor before the expiry of 14 calendar days from the day after simultaneous dispatch of information about the award decisions and decisions to reject, this Contract shall be null and void.


8

This Article shall not be applicable to contracts not covered by Directive 2004/18/EC nor in cases indicated in Article 158a(2) of the rules for the implementation of the Financial Regulation (Regulation (EC, Euratom) No 2342/2002).

ARTICLE I.12 - CHANGES TO THE CONTRACT

I.12.1 The Contractor shall inform the Commission immediately in writing or in electronic format to the address given in Article I.6.2 of any change requiring a supplementary agreement to the Contract, particularly regarding the Contractor’s official name, the address of its registered office or bank account details.

I.12.2 In the event that either party wishes to add, withdraw or change certain aspects of the service, that party shall inform the other party at least one month in advance by registered letter, indicating the desired date on which the change is to take effect. If an agreement is reached with the other party, the financial terms associated with these changes shall be determined, where necessary, by joint agreement between the parties. The agreement shall be formalised in writing, in accordance with Article II.7 below. The Contractor shall not be entitled to any compensation where work is cancelled or reduced.

SIGNATURES For the Contractor, [company name/full name/position] signature[s]: _______________________

For the Commission, Marian O'Leary, Director signature[s]: _____________________

Done at Luxembourg, Done at Luxembourg, in duplicate in English.

Contract number: 07/2012/OIL September 2011 Specimen Contract Draft Contract– Annex IA

9

ANNEX I - A

II – GENERAL TERMS AND CONDITIONS FOR SERVICE

CONTRACTS ARTICLE II.1 – PERFORMANCE OF THE CONTRACT II.1.1. The Contractor shall perform the Contract to the highest professional standards.

The Contractor shall have sole responsibility for complying with any legal obligations incumbent on it, notably those resulting from employment, tax and social legislation.

II.1.2. The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to it are to be executed.

II.1.3. Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance thereof.

II.1.4. The Contractor must ensure that any staff performing the Contract have the professional qualifications and experience required for the execution of the tasks assigned to them.

II.1.5. The Contractor shall neither represent the Commission nor behave in any way that would give such an impression. The Contractor shall inform third parties that it does not belong to the European public service.

II.1.6. The Contractor shall have sole responsibility for the staff who execute the tasks assigned to them.

The Contractor shall make provision for the following employment or service relationships with its staff:

• staff executing the tasks assigned to the Contractor may not be given orders directly by the Commission;

• the Commission may not under any circumstances be considered to be the staff's employer and the said staff shall undertake not to invoke in respect of the Commission any right arising from the contractual relationship between the Commission and the Contractor.

II.1.7. In the event of disruption resulting from the action of a member of the Contractor’s staff working on Commission premises or in the event of the expertise and/or skills of a member of the Contractor’s staff failing to correspond to the profile required by the Contract, the Contractor shall replace him/her without delay. The Commission shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to it resulting from the replacement of staff.


10

II.1.8. Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and on its own initiative record it and report it to the Commission. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with its obligations under the Contract. In such an event, the Contractor shall give priority to solving the problem rather than determining liability.

II.1.9. Should the Contractor fail to perform its obligations under the Contract, the Commission may – without prejudice to its right to terminate the Contract – reduce or recover payments in proportion to the scale of the failure. In addition, the Commission may claim compensation or impose liquidated damages, as provided for in Article II.12.

ARTICLE II.2 – LIABILITY II.2.1. The Commission shall not be liable for damage sustained by the Contractor in

performance of the Contract except in the event of wilful misconduct or gross negligence on the part of the Commission.

II.2.2. The Contractor shall be liable for any loss or damage sustained by the Commission in performance of the Contract, including in the event of subcontracting under Article II.6, but only up to three times the total amount of the Contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the Contractor or by its employees, the Contractor shall remain liable without any limitation as to the amount of the damage or loss.

II.2.3. The Contractor shall provide compensation in the event of any action, claim or proceeding brought against the Commission by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4. In the event of any action brought by a third party against the Commission in connection with performance of the Contract, the Contractor shall assist the Commission. Expenditure incurred by the Contractor to this end may be borne by the Commission.

II.2.5. The Contractor shall take out insurance against risks and damage relating to performance of the Contract if required by the relevant applicable legislation. It shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Commission should it so request.

ARTICLE II.3 - CONFLICT OF INTERESTS II.3.1. The Contractor shall take all necessary measures to prevent any situation that could

compromise the impartial and objective performance of the Contract. Such a conflict of interest might arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interest which could arise during


11

performance of the Contract must be notified to the Commission in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

The Commission reserves the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, within a time limit which it shall set. The Contractor shall ensure that its staff, management and board are not placed in a situation which could give rise to a conflict of interest. Without prejudice to Article II.1, the Contractor shall replace, immediately and without compensation from the Commission, any member of its staff exposed to such a situation.

II.3.2. The Contractor shall abstain from any contact likely to compromise its independence.

II.3.3. The Contractor declares:

• that it has not made and will not make any offer of any type whatsoever from which an unjustified advantage can be derived under the Contract;

• that it has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, insomuch as it is an incentive or reward relating to performance of the Contract.

II.3.4. The Contractor shall pass on all the relevant obligations in writing to its staff, management and board, as well as to third parties involved in performance of the Contract.

ARTICLE II.4 – CONFIDENTIALITY II.4.1. The Contractor undertakes to treat in the strictest confidence and not make use of

or divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

II.4.2. The Contractor shall obtain from each member of its staff, management and board an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

ARTICLE II.5 – DATA PROTECTION II.5.1 The Contractor shall have the right of access to its personal data and the right to

rectify any such data. Should the Contractor have any queries concerning the processing of its personal data, it shall address them to the entity acting as data controller provided for in Article I.8.


12

II.5.2 The Contractor shall have right of recourse at any time to the European Data Protection Supervisor.

II.5.3 Where the Contract requires the processing of personal data, the Contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data, and the means by which the data subject may exercise its rights.

II.5.4 The Contractor shall limit access to the data to the staff strictly necessary for the performance, management and monitoring of the Contract.

II.5.5 The Contractor undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:

a) prevent any unauthorised person from having access to computer systems processing personal data, and especially: aa) any unauthorised reading, copying, alteration or removal of storage media; ab) any unauthorised data input as well as any unauthorised disclosure, alteration or erasure of stored personal data; ac) unauthorised use of data-processing systems by means of data transmission facilities;

b) ensure that authorised users of a data-processing system can access only personal data to which their access right refers;

c) record which personal data have been communicated, when and to whom; d) ensure that personal data being processed on behalf of third parties can be

processed only in the manner prescribed by the contracting institution or body; e) ensure that, during communication of personal data and transport of storage media,

the data cannot be read, copied or erased without authorisation; f) design its organisational structure in such a way that it meets data protection

requirements. ARTICLE II.6 – SUBCONTRACTING II.6.1. The Contractor shall not subcontract without prior written authorisation from the

Commission nor cause the Contract to be performed in fact by third parties.

II.6.2. Even where the Commission authorises the Contractor to subcontract to third parties, it shall none the less remain bound by its obligations to the Commission under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.6.3. The Contractor shall make sure that the subcontract does not affect rights and guarantees to which the Commission is entitled by virtue of the Contract, notably Article II.20.

ARTICLE II.7 - AMENDMENTS


13

Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties before fulfilment of all their contractual obligations. An oral agreement shall not be binding on the contracting parties. ARTICLE II.8 – ASSIGNMENT II.8.1. The Contractor shall not assign the rights and obligations arising from the

Contract, in whole or in part, without prior written authorisation from the Commission.

II.8.2. In the absence of such authorisation, or in the event of failure to observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Commission.

ARTICLE II.9 – USE, DISTRIBUTION AND PUBLICATION OF INFORMATION RELATING TO THE CONTRACT II.9.1. The Contractor shall authorise the Commission to process, use, distribute and

publish, for whatever purpose, by whatever means and on whatever medium, any data contained in the Contract, in particular the identity of the Contractor, the subject matter, the duration and the amount paid. Where personal data is concerned, Articles I.8 and II.5 shall apply.

II.9.2. Unless otherwise provided by the Special Conditions, the Commission shall not be required to distribute or publish documents or information supplied in performance of the Contract. If it decides not to distribute or publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Commission.

II.9.3. Any distribution or publication of information relating to the Contract or use of the outcome of the implementation of the Contract and provided as such by the Contractor shall require prior written authorisation from the Commission and, if so requested, shall mention that it was produced under a contract with the Commission. It shall state that the opinions expressed are those of the Contractor only and do not represent the Commission's official position.

II.9.4. The use of information obtained by the Contractor in the course of the Contract for purposes other than its performance shall be forbidden, unless the Commission has specifically given prior written authorisation to the contrary.

ARTICLE II.10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY II.10.1 A result shall be any outcome of the implementation of the Contract and provided

as such by the Contractor.

A creator shall be any person who contributed to production of the result.


14

II.10.2 The ownership of all the results or rights thereon as listed in the technical specifications and in the tender attached to the Contract shall be irrevocably and fully vested in the Union, which may use them as described in the Contract.

The payment of the fee under Article I.3 is deemed to include all forms of use by the Commission of the results as set out in Article I.9.

The above vesting of rights in the Commission under this Contract covers all territories worldwide and is valid for the whole duration of intellectual property rights protection.

II.10.3. By virtue of delivering the results, the Contractor authorises their publication and confirms that the authors consent to their names being used when the results are presented in public.

The Contractor shall obtain the required consent from the authors and shall provide proof in the form of documentary evidence.

II.10.4. By delivering the results the Contractor guarantees that the above transfer of rights does not violate any law or infringe any rights of others and that it possesses the relevant rights or powers to execute the transfer. It further guarantees that it has paid or has ensured the payment of all fees, including fees to collecting societies, in respect of the final results.

ARTICLE II.11 – FORCE MAJEURE II.11.1. Force majeure shall mean any unforeseeable and exceptional situation or event

beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.11.2. Without prejudice to the provisions of Article II.1.8, if either contracting party is faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgement of receipt or by an equivalent means, stating the nature, likely duration and foreseeable effects.

II.11.3. Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform its contractual obligations owing to force majeure, it shall have the right to remuneration only for tasks actually executed.

II.11.4. The contracting parties shall take the necessary measures to reduce damage to a minimum.

ARTICLE II.12 – LIQUIDATED DAMAGES II.12.1. Should the Contractor fail to perform its obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or


15

potential liability incurred in relation to the Contract or to the Commission's right to terminate the Contract, the Commission may decide to impose liquidated damages per calendar day of delay according to the following formula:

0.3 x (V/d)

V is the amount specified in Article I.3.1;

d is the duration specified in Article I.2.3 expressed in days.

II.12.2. The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on its part or of written withdrawal by the Commission within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Commission and the Contractor expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations.

ARTICLE II.13 – SUSPENSION OF THE CONTRACT Without prejudice to the Commission's right to terminate the Contract, where the Contract is subject to substantial error, irregularity or fraud the Commission may suspend execution of all or part of the Contract or pending order forms. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgement of receipt or equivalent, or at a later date where the notification so provides. The Commission shall as soon as possible give notice to the Contractor to resume the service suspended or state that it is terminating the Contract. The Contractor shall not be entitled to claim compensation on account of suspension of all or part of the Contract or of the orders. ARTICLE II.14 – TERMINATION BY THE COMMISSION II.14.1. The Commission may terminate the Contract or a pending order in the following

circumstances:

a) where the Contractor is being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) where the Contractor has not fulfilled its obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which it is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;


16

c) where the Commission has evidence or seriously suspects the Contractor, or any related entity or person, of professional misconduct;

d) where the Commission has evidence or seriously suspects the Contractor or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;

e) where the Commission has evidence or seriously suspects the Contractor, or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract;

f) where the Contractor is in breach of its obligations under Article II.3;

g) where the Contractor was guilty of misrepresentation in supplying the information required by the Commission as a condition of participation in the Contract procedure or failed to supply this information;

h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Commission’s opinion, have a significant effect on the performance of the Contract;

i) where execution of the tasks under a pending order form has not actually commenced within fifteen days of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Commission;

j) where the Contractor is unable, through its own fault, to obtain any permit or licence required for performance of the Contract;

k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of its contractual obligations;

II.14.2. In the event of force majeure, notified in accordance with Article II.9, either contracting party may terminate the Contract, where performance thereof cannot be ensured.

II.14.3. Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit its observations.

Termination shall take effect on the date on which a registered letter with acknowledgement of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.

II.14.4. Consequences of termination In the event of the Commission terminating the Contract or a pending order form in accordance with this article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted service. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce its commitments. It shall draw up the documents required under the Special Terms and Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days of that date.


17

The Commission may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.

On termination the Commission may engage any other contractor to execute or complete the services. The Commission shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees it has under the Contract.

ARTICLE II.14a – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD ATTRIBUTABLE TO THE CONTRACTOR Where, after the award of the Contract, the award procedure or the performance of the Contract prove to have been subject to substantial errors, irregularities or fraud, and where such errors, irregularities or fraud are attributable to the Contractor, the Commission may refuse to make payments, may recover amounts already paid or may terminate all the contracts concluded with the Contractor, in proportion to the seriousness of the errors, irregularities or fraud. ARTICLE II.15 – INVOICING AND PAYMENTS II.15.1. Pre-financing guarantee

(Not applicable to this Contract)

II.15.2. Interim payments and payment of the balance Payments shall be executed only if the Contractor has fulfilled all its contractual obligations by the date on which the invoice is submitted.

At the end of each of the periods indicated in the Special Terms and Conditions (Article I.4.2.), the Contractor shall submit to the Commission an invoice accompanied by the documents provided for in the Special Terms and Conditions.

If providing a progress report is a condition for payment, on receipt the Commission shall have the period of time indicated in the Special Terms and Conditions in which to:

• approve it, with or without comments or reservations, or suspend such period and request additional information, or

• reject it and request a new progress report.

Approval of the progress report shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information it contains.

Where the Commission requests a new progress report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Terms and Conditions. The new progress report shall likewise be subject to the above provisions.

II.15.3. Payment currency and costs

Payments shall be made in the currency of the Contract.

Costs of the transfer are borne as follows:


18

• costs of dispatch charged by the Commission’s bank shall be borne by the Commission;

• costs of receipt charged by the Contractor’s bank shall be borne by the Contractor;

• the full cost of any additional transfer for which one of the parties is responsible shall be borne by the party responsible.

ARTICLE II.16 – GENERAL PROVISIONS CONCERNING PAYMENTS II.16.1. Payments shall be deemed to have been made on the date on which the

Commission’s account is debited.

II.16.2. The payment periods referred to in Article I.4 may be suspended by the Commission at any time if it informs the Contractor that its invoice is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. The Commission may proceed with further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the invoice is admissible.

The Commission shall notify the Contractor accordingly and set out the reasons for the suspension by registered letter with acknowledgement of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.

II.16.3. In the event of late payment the Contractor shall be entitled to interest, provided the calculated interest exceeds EUR 200. If the interest does not exceed EUR 200, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its main refinancing operations (‘the reference rate’) plus seven percentage points (‘the margin’). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment inclusive. Suspension of payment by the Commission may not be deemed to constitute late payment.

ARTICLE II.17 – TAXATION

II.17.1. The Contractor shall have sole responsibility for compliance with the tax laws which apply to it. Failure to comply shall make the relevant invoices invalid.

II.17.2. The Contractor recognises that the Commission is, as a rule, exempt from all taxes and duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union.


19

II.17.3. The Contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.17.4. Invoices presented by the Contractor shall indicate its place of taxation for VAT purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

ARTICLE II.18 - REIMBURSEMENTS (Not applicable to this Contract)

ARTICLE II.19 - RECOVERY II.19.1. If total payments made exceed the amount actually due or if recovery is justified

in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euros on receipt of the debit note, in the manner and within the time limits set by the Commission.

II.19.2. In the event of failure to pay by the deadline specified in the debit note, the sum due shall bear interest at the rate indicated in Article II.16.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

II.19.3. The Commission may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting, in cases where the Contractor also has a claim on the Union or the European Atomic Energy Community that is certain, of a fixed amount and due. The Commission may also claim against the guarantee, where provided for.

ARTICLE II.20 – CHECKS AND AUDITS II.20.1. Pursuant to Article 142 of the Financial Regulation applicable to the general

budget of the European Communities, the Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the EU from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.2. The Commission or an outside body of its choice shall have the same rights as the Court of Auditors for the purpose of checks and audits of compliance with contractual obligations from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.3. In addition, the European Anti-Fraud Office may carry out on-the-spot checks and inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last implementation.

Contract number: 07/2012/OIL September 2011 Specimen Contract Draft Contract– Annex IB

20

ANNEX I - B

SERVICE CONTRACT

ORDER FORM

Order number: (Name and address of supplier)

DG and administrative unit: Currency of payment: EUR

Date and reference of the tender: Tel: Email: This order is governed by the provisions of Framework Contract No __________ in force from __________ to ___________

DESCRIPTION OF GOODS / SERVICES UNITS QUANTITY PRICE in EUR

and code UNIT

PRICE TOTAL

N.B.: This order form represents a maximum. Invoicing will be based on the quantities performed.

Packaging Insurance Transport Assembly VAT

Pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union, the Commission is exempt from all taxes and dues, including value added tax (VAT), on payments due in respect of this Contract. For intra-community purchases, the wording 'VAT Exemption/European Union/Article 151 of Council Directive 2006/112/EC' should be included on the invoice. [In Belgium, use of this Contract constitutes a request for VAT exemption. The invoice must include the following statement: ‘Commande destinée à l'usage officiel de l'Union Européenne, Exonération de la TVA; art. 42 § 3.3 du code TVA (circulaire n° 2/1978)’.] TOTAL:

Place of delivery or implementation and/or Incoterm: Contractor's signature

Name:

Final date of delivery or implementation: Position:

Terms of payment: Date:

Guarantee:

Date of issue: Signature [name and position]:

07/2012/OILAnnex IIA

Item I

Technical management and on-going assistanceEUROFORUMrue Robert Stümper – 10rue Henri Schnadt – 1LUXEMBOURGHITECrue Eugène Ruppert – 11LUXEMBOURGDROSBACH (Wings A, B et D)12, rue Guillaume Kroll, LuxembourgLUXEMBOURG

Total for Item I 0,00

Item IISpecific assistance

TechnicianEngineer

Date, stamp and signature:

Hourly rate

Annex IIA - Price ScheduleOn-site assistance and technical management'

The hourly rates are in euros (EUR), exclusive of VAT, and include transport.

Tenderers must complete the hourly rates to two decimal places.

Standard annual fee (€)

1/2

RECAPITULATIF 07/2012/OILAnnexe IIA

Item IISpecific assistance

Technician 0,00 130 0,00Engineer 0,00 70 0,00

Total for Item II 0,00

Total for Item I 0,00 Total for Item II 0,00

Annual tender price (A) 0,00

Tender price for the duration of the contract = (A) /12 x 61 0,00

Date, signature and stamp:

Annex IIA - Price Schedule 'On-site assistance and technical management'

Annual fee (€)Hourly rateAnnual hourly

estimate

This summary price schedule will be completed automatically. It must be dated, stamped and signed.

2/2

Contract No 07/2012/OIL Annex IIB Technical Specifications

1/10

TECHNICAL SPECIFICATIONS

Contract No 07/2012/OIL ‘On-site assistance and technical management’

1. SCOPE OF THE CONTRACT AND DEFINITION OF THE TASKS This Contract concerns the provision of services (Items I and II) with regard to the Euroforum, Hitec and Drosbach buildings and any other building or part of a building that the Commission may occupy in the future in the Grand Duchy of Luxembourg.

Item I: On-site technical management and on-going assistance

Item II: Specific assistance

The on-going assistance included in Item I is limited to providing advice or carrying out studies in areas relating to the technologies used in the buildings described below and requiring less than 50 hours’ work and/or not requiring any special skills or expertise.

The specific assistance of Item II concerns the provision of advice or carrying out of studies in areas relating to the technologies used in the above buildings and requiring more than 50 hours’ work and/or requiring special skills or expertise.

2. LOCATIONS IN WHICH THE SERVICES ARE TO BE PROVIDED Brief description of the EUROFORUM, HITEC and DROSBACH (A, B and D wings) buildings.

EUROFORUM: 10, rue Robert Stümper and 1, rue Henri Schnadt, Luxembourg Office building with a surface area of approximately 30 000 m²: it also houses the laboratories of the Commission’s DG ENERGY. The Commission has a long-term lease for this building and thus also assumes the responsibilities incumbent upon the owner.

HITEC: 11, rue Eugène Ruppert, Luxembourg Office building with a surface area of approximately 5 000 m²: it also houses a 300 m² Data Centre in the basement. The Commission holds the lease, including a Service Level Agreement with the owner on all the technical equipment.

DROSBACH (A wing) : 12, rue Guillaume Kroll, Luxembourg Office building with a surface area of approximately 7 000 m². The Commission holds the lease, including a Service Level Agreement with the owner on all the technical equipment.

DROSBACH (B wing) : 12, rue Guillaume Kroll, Luxembourg


2/10

Office building with a surface area of approximately 12 000 m². The Commission holds the lease, including a Service Level Agreement with the owner on all the technical equipment. DROSBACH (D wing): 12, rue Guillaume Kroll, Luxembourg Office building with a surface area of approximately 8 500 m². The Commission holds the lease, including a Service Level Agreement on some of the technical equipment.

3. TERMS OF PERFORMANCE From the date of signature of the Contract and no sooner than one month before the start of the work, the Contractor shall, entirely at its own expense, place a representative on site to consult with the previous Contractor and collect the necessary information for a smooth handover. 3.1. Work relating to Item I: ‘On-site technical management’ This shall consist, in particular, of (non-exhaustive list):

– regularly checking the condition of the building; – helping to ascertain and check on any maintenance work to be carried out by the

Commission in its capacity as tenant under the terms of the lease or by outside firms under the terms of contracts concluded with them;

– checking the proper completion of work which is the responsibility of the owner and/or of companies appointed by the joint owners of the building;

– if any defects are noted, taking the necessary measures to put them right, within a given deadline, in particular by preparing the relevant correspondence and, especially in the case of serious problems, contacting the Commission’s technical services via the Commission’s systems control centre (‘dispatching’) located in the Jean Monnet building;

– acting as the first point of contact for the Commission’s administrative departments in matters concerning the building and arranging the premises to suit the occupants;

– organising the day-to-day work (putting up signs, managing the allocation of keys, etc.); – ensuring that any corrections or alterations with regard to the safety regulations or the

regulations of the Commission and the joint owners are properly implemented, in particular the technical regulations concerning fire safety (proper functioning of fire doors, emergency exits, work with naked flames, etc.).

– taking part in visits and checks by authorised inspection bodies; – following up on feedback gathered further to recurrent checks undertaken by authorised

inspection bodies; – helping to plan, follow-up on and accept work of all kinds; – preparing correspondence, reports and any other type of technical document in French or

German at the Commission’s request; – drawing up the agenda for and participating in meetings between Commission

representatives and the various contractors and/or property owners;


3/10

– drawing up monthly reports and meter readings for energy/water consumption etc. Analysing consumption together with OIL;

– following up on obligations relating to the operating licence either on behalf of the Commission (EUROFORUM) or the property owners (DROSBACH, HITEC).

‘On-going assistance’ Includes providing advice or carrying out studies in areas relating to technologies used in the buildings and requiring less than 50 hours’ work and/or not requiring particular skills or expertise.

3.2. Work relating to Item II: Specific assistance The Contractor shall provide advice or carry out studies in areas related to the technologies used in the buildings and requiring more than 50 hours’ work and/or particular skills or expertise. The Contractor shall use any additional human resources and equipment needed for the work. The staff responsible for carrying out the special tasks must have the appropriate qualifications and knowledge for the tasks required. Unless explicit permission is gained from the Commission, this work cannot be performed by staff performing the work described under Item I. Whenever the Commission wishes to have the work provided for under Item II carried out, the staff authorised by the Commission shall send the Contractor notification by fax or email specifying the work and the maximum period of time granted for the work to be completed. This period of time granted to the Contractor relates to the maximum period accepted by the Commission in its management of the project concerned. Within one calendar week, beginning the day after the above-mentioned notification is dispatched by the Commission, the Contractor shall send a cost estimate to the issuing institution by fax or email. This estimate will, as a minimum, specify:

the estimated time needed for submission of the conclusions, from the date of receipt of the order form issued by the Commission;

the maximum number of hours of work expected for this, justified on objective grounds;

the list of documents in the response file; any other information deemed appropriate by the Contractor.

If the Commission approves the estimate, it will send an order form by fax or email to the Contractor to confirm the order, listing the main elements of the estimate, notably the accepted time by which the work is to be carried out. 3.3. Organisational arrangements The Contractor shall provide the staff necessary to carry out the work. The Contractor's staff shall be instructed by and work under the constant supervision of the Contractor, who shall bear direct liability. As of entry into force of this Contract, the Contractor shall appoint:

the ‘person responsible for the Contract on site’, a single contact person for the Commission, with the skills required to respond to all problems that might arise in performance of the Contract;


4/10

the ‘staff required occasionally’.

The CVs and qualifications of the staff that are to carry out the work are to be provided when the Contract enters into force and whenever there is a change of staff. The Contractor’s staff and the staff of any subcontractors shall be briefed and shall work under the constant supervision and direct liability of the Contractor. The Contractor undertakes to exercise due care in the choice and deployment of the staff responsible for carrying out the work, particularly by employing only properly qualified staff whose honesty and whose suitability in respect of health can be vouched for. The Contractor must at all times be in a position to replace any member of staff who is absent. The Contractor must also be able to provide, at very short notice, the staff necessary for the performance of the work. The Contractor's staff shall:

• be able at all times to prove that they are duly authorised by the Contractor;

• carry a pass provided by the Commission. For this purpose, the Contractor shall supply the Commission's Security Office with any information it requires concerning the Contractor's staff.

The Commission will provide every person with a badge which is to be worn visibly at all times by staff when present in the buildings. 3.4. Documents to be provided The ‘person responsible for the Contract on site’ shall draw up the reports and participate in the meetings organised by the Commission. Correspondence, reports and all other technical documents must be drawn up in French if they are for the Commission’s use. At the request of the Commission, some documents may need to be drawn up in German. The following documents shall be sent periodically to the Commission:

a weekly activity report in the form of a log book, along with any suggestions for facility management improvements;

as of 2013, a detailed quarterly summary report of the work completed. This report shall be submitted at the latest with the quarterly invoice.

an annual report on the condition of the buildings and any measures taken or to be taken, along with the total number of hours worked over the year.

3.5. Requisite qualifications and experience

‘Person responsible for the Contract on site’ A two-year post-secondary diploma in air-conditioning engineering or equivalent, with

at least five years’ experience in ‘Facility Management’; or

A school leaving certificate or equivalent qualifications, with at least seven years’ experience in ‘Facility Management’.


5/10

The person responsible for the Contract on site must have an excellent knowledge of French (level C1 according to the general assessment scale below), the working language, and an adequate knowledge of German (level B2 according to the general assessment scale below).

C2 Can understand practically everything he/she reads or hears without difficulty. Can reproduce facts and arguments from various written and oral sources by summarising them in a coherent manner. Can express him/herself spontaneously, very fluently and precisely and can bring out slight nuances in meaning in relation to complex subjects. EXPERIENCED

USER C1

Can understand a wide range of long, demanding texts and grasp implicit meanings. Can express him/herself spontaneously and fluently without having to search for words too obviously. Can use the language efficiently and flexibly in social, professional or academic life. Can express him/herself on complex subjects clearly and in a well-structured manner and demonstrate his/her command of discourse organisation, articulation and cohesion tools.

B2 Can understand the essential content of specific or abstract subjects in a complex text, including a technical discussion in his/her area of specialisation. Can communicate with a degree of spontaneity and ease, e.g. converse with a native speaker without any tension for either party. Can express him/herself clearly and in detail on a wide range of subjects, express an opinion on a topical matter and convey the advantages and disadvantages of various possibilities.

INDEPENDENT

USER B1

Can understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc. Can deal with most situations likely to arise whilst travelling in an area where the language is spoken. Can produce simple connected text on topics which are familiar or of personal interest. Can describe experiences and events, dreams, hopes and ambitions and briefly give reasons and explanations for opinions and plans.

A2 Can understand sentences and frequently-used expressions related to areas of most immediate relevance (e.g. very basic personal and family information, shopping, local geography, employment). Can communicate in simple and routine tasks requiring a simple and direct exchange of information on familiar and routine matters. Can describe in simple terms aspects of his/her background, immediate environment and matters in areas of immediate need.

BASIC

USER A1

Can understand and use familiar and daily expressions and very simple statements which are intended to meet specific needs. Can introduce him/herself or someone else and ask someone questions about him/herself – for instance, place of residence, relations, belongings, etc. – and can reply to the same type of questions. Can engage in simple communication if the other person speaks slowly and clearly and is cooperative.

Staff required occasionally Specialised technicians or engineers with expertise (qualifications and experience) in the appropriate technical areas, in particular in heating, ventilation and air conditioning (HVAC) and electricity.

3.6. Commission’s estimate of the annual number of hours required to perform the

work under Item I

The work is to be carried out on all Commission working days, between 8:00 and 18:00. Commission working days may differ from those of the private sector in the Grand-Duchy of Luxembourg or in the Contractor’s home country. The Contractor will receive a list of holidays before 1 January each year. In order to ensure continuity of service to the Commission:

all the necessary work carried out outside of the days and times indicated above are included in the standard price under Item I;

the Contractor is obliged to replace any absent staff member by another member with at least the same level of qualifications and experience.

The Commission estimates that 3 200 hours are required annually to complete the work under Item I. The hours worked by the Contractor will be monitored as follows:


6/10

– all members of staff engaged on duties under the Contract must sign a register at the main entrance to the building on arrival and departure;

– each quarter, the number of hours worked will be analysed at the quarterly meeting; at the end of the year, the total number of hours worked shall be at least 98% of the contractual minimum;

– any hours falling short of 98% of the contractual minimum will not be paid for and will be deducted from the standard annual fee in line with the following formula:

D = R x(( Hc – Hr)/Hc)

in which:

D = deduction from the standard annual fee R = standard annual fee under Item I Hc = contractual minimum number of hours Hr = the actual number of hours worked

– any hours falling short of 98% of the contractual minimum may lead to an application for damages and expenses under Article II.12 of Annex IA;

– any hours worked in excess of the minimum contractual number of hours per year are considered to be necessary for the performance of the Contract and will not be paid for.

3.7. Resources to be made available to the Contractor To enable the work to be carried out, the Commission will provide the Contractor with the following in each building covered by the Contract:

a furnished office; one telephone line per building and a fax machine, for which international call

charges will be payable by the Contractor; one PC with restricted access to the Commission network; access to the technical documentation and contracts relating to the buildings,

including the building plans.

3.8. Sub-contracting provisions If the Contractor considers it necessary to call on the assistance of a subcontractor in order to perform the work, it shall inform the Commission accordingly with a view to obtaining the latter’s prior authorisation in writing. This provision does not apply to subcontractors identified as such in the tenderer's bid which have completed and signed form 5.3 in Section III of the Specifications. The Contractor shall be liable vis-à-vis the Commission for the work carried out by subcontractors, just as it is for that carried out by its own staff.


7/10

4. GENERAL AND PRACTICAL PROVISIONS 4.1. Preparatory phase for performance of the Contract The Contractor shall submit to OIL, as soon as this Contract enters into force, a list giving the names of the staff to be assigned to the work covered by the Contract. 4.2. Compliance with the health and safety instructions 4.2.1 The instructions from the competent department of the Commission (OIL.02/Health

and Safety at Work) concerning health and safety at work must be observed as stated in the documents communicated when this Contract was signed (emergency plans, technical files on health and safety at work). See Annex V.

4.2.2 The Contractor undertakes to take all necessary steps to ensure that its staff observes the safety rules in force at the Commission. Furthermore, the Contractor:

• undertakes to observe and ensure observance by its staff of the Luxembourgish legislative provisions on occupational health and safety and of the legislative provisions on employment in force in its country of origin (an EU Member State) or in Luxembourg;

• shall ensure that its staff comply with the rule prohibiting the removal of any object belonging to the Commission, even if it is recognised as useless, and the rule prohibiting the acquisition and/or disclosure of any internal Commission information or document;

• must also take all appropriate measures to prevent any accident that might endanger the physical well-being of its staff, its subcontractors’ staff or the staff of the Commission.

4.2.3 Provisions concerning asbestos: Where appropriate, the Commission will inform the Contractor of premises containing asbestos and of the special procedures to be followed. At the start of the Contract, the Contractor must consult the Commission's asbestos inventory. For the duration of the Contract, the Contractor must require its staff to inform the Commission immediately of any material found which is suspected of containing asbestos. All work on installations a component of which might contain asbestos shall be strictly prohibited or must be carried out in accordance with the rules in force.

4.3. Supervised and controlled areas All work to be carried out in supervised and controlled areas requires the mandatory prior agreement of the relevant service of the Commission. The Contractor shall comply with all the requirements, processes and protocols which the Commission’s radiation protection service will require of it (see Chapter 6 – Work permit for supervised and controlled areas). General instructions to be complied with: (1) the prior agreement of the radiation protection service is mandatory for all types of work

or access. A description of the type of work must be provided in order to make it possible to judge which measures should be taken;

(2) the Commission must be notified of work at least one week in advance. If possible, the annual schedule of planned work is to be submitted to the radiation protection service;


8/10

(3) work is to be carried out in the presence of an authorised individual; (4) drinking, eating, smoking and putting on make-up are prohibited within these areas; (5) all workers must complete the basic radiation protection course before they are

permitted to work within these areas. This course is offered by the Commission; (6) individuals who will be working in these areas very regularly (daily, weekly) must be

identified so that they can be individually monitored; (7) all workers must comply with instructions given by the radiation protection service (they

must wear a dosimeter, gloves, lead apron, etc.); (8) when leaving the area, individuals are required to check themselves using the hand and

foot monitor; (9) all equipment (including waste) which leaves the areas must be checked by the radiation

protection service; (10) the radiation protection service is to be notified of any problem (the telephone number

will be provided by the Commission on the date that the Contract comes into force.) 4.4. Compliance with rules The Contractor shall ensure compliance with the rules and regulations in force in the Grand Duchy of Luxembourg during the contract period, in particular: - European standards and directives; - industrial safety regulations; - the Contractor undertakes to observe the provisions of the labour legislation in force in

Luxembourg, and/or the collective agreement relating to enhanced rates of pay for overtime. In the event of Item II services being carried out, at the express request of the Commission, outside of normal working hours or on non-working days in Luxembourg, the hourly rates in the price schedule will be increased as a result;

- Luxembourg local authority regulations and instructions issued by the fire service; - regulations issued by energy and water distribution companies; - the V.D.E. standards for electrical installations; - all regulations concerning comfort, hygiene and safety in force in the Grand-Duchy of

Luxembourg, including any new ones; - Luxembourg Labour Inspectorate standards; - internal Commission procedures (permission to work with naked flames, etc.); - the manual of building standards in Luxembourg; - environmental rules and regulations. In the event of discrepancies between standards, the competent Commission departments will establish which will apply. 4.5. Environmental impact of the services The Commission is particularly attentive to environmental issues: it advocates using products, materials and tools which have a limited impact on the environment. The Contractor must help the Commission to comply with the Environmental Management System (EMS) or Eco-Management and Audit Scheme (EMAS) based on ISO 14001:2004 standards and the EMAS 1221/2009 and 196/2006 regulations, the aim being to reduce the


9/10

impact of its activities on the environment (management of waste, discharges, effluents or nuisances produced). Information on EMAS can be found on the following website: http://ec.europa.eu/environment/emas/index_en.htm. The Contractor will assume sole responsibility for any environmental hazards resulting from its obligations under the Contract. It shall be responsible for: • taking all appropriate measures to manage waste, discharges, effluents or nuisances

produced by its activities so as to avoid harming the environment; • carrying out all necessary operations in accordance with the legislation and regulations

applicable to the performance of this work; • using products which comply with the legislation and, wherever possible, are

environmentally friendly.

5. INSPECTION OF WORK The Commission reserves the right to examine the installations under the Contract and/or to have them examined by any person of its choosing in order to assess their condition. The Commission will conduct regular inspections: the site manager must take part in these inspections and will be issued with an inspection report by the Commission. The Contractor must remedy any defects noted in the inspection report within five working days of receiving it. This deadline may be waived only with the prior agreement of the Commission. If the Commission identifies any shortcomings in the performance of the work, the Contractor must rectify them within 24 hours of formal notification in writing by the Commission, without additional payment. Thereafter, the Commission reserves the right to make any arrangements necessary to remedy the situation, by the means it judges most suitable and at the Contractor's expense. In this event, the Contractor may under no circumstances invoke the involvement of third parties as a means of avoiding its contractual obligations. The damages and expenses under Article II.12 of Annex IA – General Terms and Conditions of the Contract remain applicable, even if third parties carry out the work.

http://ec.europa.eu/environment/emas/index_en.htm


10/10

6. WORK PERMIT FOR SUPERVISED AND CONTROLLED AREAS

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR ENERGY DIRECTORATE D – Nuclear energy Radiation protection

WORK PERMIT FOR SUPERVISED AND CONTROLLED AREAS

Description of work:

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

…………………………………………………………………………………………… Names of individual workers:

……………………………………………………………………………………………

……………………………………………………………………………………………

…………………………………………………………………………………………… Opinion of radiation protection service:

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

…………………………………………………………………………………………… Specific instructions:

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

…………………………………………………………………………………………… Date: …. / …. / …. Name: ………………………….

Signature: ……………………..

EUROPEAN COMMISSION Office for Infrastructure and Logistics - Luxembourg OIL.06 Finance – Procurement – Reporting

Specifications Invitation to Tender No 07/2012/OIL

Open procedure

‘On-site assistance and technical management’

Table of Contents I - General information on the call for tenders............................................................................................. 2 I.1 - Preamble .................................................................................................................................................... 2 I.2 - Publicity measures ..................................................................................................................................... 2 I.3 - Subject of the Contract and background.................................................................................................... 2 I.4 - Financial guarantees and insurance policy ................................................................................................ 3 I.5 - Site visit ..................................................................................................................................................... 3 I.6 - Opening of tenders..................................................................................................................................... 3 I.7 - Applicable law – Jurisdiction..................................................................................................................... 4 I.8 - Legal form of the tenderer ......................................................................................................................... 4 I.9 - Documents to be completed or submitted with the tender......................................................................... 5 I.10 - Award procedure...................................................................................................................................... 5 II - Documents to be completed or submitted by the tenderer.................................................................... 7 II.1 - Documents identifying the tenderer ......................................................................................................... 7 II.2 - Legal entity form and financial information............................................................................................. 7 II.3 - Documents regarding the exclusion criteria and the absence of conflict of interest ................................ 8 II.4 - Documents relating to signature of the tender.......................................................................................... 8 II.5 - Documents relating to the selection criteria ............................................................................................. 8

II.5.a Professional capacity................................................................................................................................. 9 II.5.b Economic and financial capacity............................................................................................................. 10 II.5.c. Technical capacity................................................................................................................................... 10

II.6 - Documents relating to the award criteria................................................................................................ 12 II.6.a Qualitative assessment of the bid (100 points) .................................................................................................. 12 II.6.b. Financial assessment of the bid ........................................................................................................................ 12 II.6.c. Final assessment of the bid (100 points)........................................................................................................... 13

III – Forms .................................................................................................................................................... 14

FORM No 1: IDENTIFICATION OF THE TENDERER.......................................................................................... 14 FORM No 2 LEGAL ENTITY................................................................................................................................... 17 FORM No 3 FINANCIAL INFORMATION SHEET................................................................................................ 18 FORM No 4 REGARDING THE EXCLUSION CRITERIA .................................................................................... 19 FORM No 5 : TENDER SIGNATURE ...................................................................................................................... 21

5.1. Specimen signature form for the sole undertaking or lead contractor () ........................................................... 21 5.2. Specimen signature for co-contractors .............................................................................................................. 22 5.3. Specimen signature form for subcontractors ..................................................................................................... 23

Contract No 07/2012/OIL Annex III Specifications

Page 2/23

I - GENERAL INFORMATION ON THE CALL FOR TENDERS

I.1 - PREAMBLE The Office for Infrastructure and Logistics Luxembourg (OIL) is responsible for ensuring, for all the Commission departments in Luxembourg:

the housing of staff: • by purchasing, renting and managing movable and immovable property • by organising removals and managing office space

logistics: • transport of staff and equipment • receipt, dispatch and internal distribution of documents • conference organisation • reprographics • office equipment

providing and managing the social welfare infrastructure: • Children's Centre: Garderie and Study Centre • restaurants, self-service restaurants • sports centre • businesses (banks, newsagent, post office)

compliance with the health and safety rules in the buildings. OIL also provides its services to other European institutions and bodies mainly located in Luxembourg. I.2 - PUBLICITY MEASURES Contract notice published in the Supplement to the Official Journal of the European Union on 07.08.2012, under reference 2012/S 150-249929.

I.3 - SUBJECT OF THE CONTRACT AND BACKGROUND This Contract concerns the provision of services (Items I and II) with regard to the Euroforum, Hitec and Drosbach buildings and any other building or part of a building that the Commission may occupy in the future in the Grand Duchy of Luxembourg.

Item I: On-site technical management + on-going assistance Item II: Specific assistance

The on-going assistance included under Item I is limited to providing advice or carrying out studies in areas relating to the technologies used in the buildings described in Annex IIB – Technical specifications and requiring less than 50 hours’ work and/or not requiring any special skills or expertise. The specific assistance under Item II concerns the provision of advice or carrying out of studies in areas relating to the technologies used in the buildings described in Annex IIB – Technical specifications and requiring more than 50 hours’ work and/or requiring special skills or expertise.


Page 3/23

The tendering procedure will result in the conclusion of a direct service contract. The Contract is to be signed during the fourth quarter of 2012. Work will start on 1 December 2012 for a maximum duration of five years and one month, i.e. until 31 December 2017. The Commission may, during the three years following the conclusion of the initial Contract, have recourse to a negotiated procedure, without prior publication of a contract notice, for new services for services similar to those assigned to the party awarded this Contract. Submission of a tender implies that the tenderer waives his/her/its own terms of sale. I.4 - FINANCIAL GUARANTEES AND INSURANCE POLICY

Financial guarantee

Not applicable

Insurance policy The Contractor shall be liable vis-à-vis the Commission and any third parties for any loss, injury or accident to its staff or other parties resulting directly or indirectly from any defective performance of the work covered by this Contract. This civil and professional liability shall be covered by an insurance policy appropriate to the activity, taken out by the Contractor.

I.5 - SITE VISIT

A site visit is compulsory. Two site visits are planned. The first visit will take place at 10:00 on 10 August 2012 and the second visit at 10:00 on 17 August 2012 (the meeting point will be the entrance to the EUROFORUM building, 10, rue Robert Stümper, Gasperich, Luxembourg). The Commission reserves the right to organise additional site visit days if it sees fit. Tenderers may attend only one of these visits. In the event of co-contracting or subcontracting, the main tenderer must attend one of these visits, accompanied where possible by a representative of his/her/its co-contractor(s) or subcontractor(s). Tenderers must state the day on which they plan to attend in writing, by no later than 16:00 on 7 August 2012 for the first visit and by 16:00 on 13 August 2012 for the second, by fax No (+352)4301-32109 or by email to [email protected]. Tenderers will receive a certificate of attendance after the visit. This must be attached to the tenderer’s bid.

I.6 - OPENING OF TENDERS

Applications to attend the opening of tenders, which will take place at 10:00 on 18 September 2012 in the Jean Monnet Building, rue Albert Wehrer, Luxembourg (room B1/050A) must be made in writing (fax +352/4301 32109) or by email to [email protected] not later than 16:00 on 14 September 2012. On the day that the tenders are opened, those attending must produce proof that they are authorised to act on behalf of the tendering firm. Should a tenderer arrive at the opening of bids without having applied to do so, the Commission may for organisational reasons refuse the tenderer access to the room. Only one participant per tenderer may attend.


Page 4/23

I.7 - APPLICABLE LAW – JURISDICTION This call for tenders is subject to the legislation on the award of public contracts, particularly the following:

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (published in Official Journal L 248, 16/9/2002), as amended by:

o Council Regulation (EC, Euratom) No 1995/2006 of 13 December 2006 (published in Official Journal L 390, 30/12/2006)

o Council Regulation (EC, Euratom) No 1525/2007 of 17 December 2007 (published in Official Journal L 343 of 27/12/2007)

o Regulation (EC, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (published in Official Journal L 311 of 26/11/2010)

• hereinafter referred to as ‘the Financial Regulation’.

Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the Financial Regulation applicable to the general budget of the European Communities (published in Official Journal L 357 of 31/12/2002), as amended by:

o Commission Regulation (EC, Euratom) No 1261/2005 of 20 July 2005 (published in Official Journal L 201 of 02/08/2005)

o Commission Regulation (EC, Euratom) No 1248/2006 of 7 August 2006 (published in Official Journal L 227 of 19/08/2006)

o Commission Regulation (EC, Euratom) No 478/2007 of 23 April 2007 (published in Official Journal L 111 of 28/04/2007)

• hereinafter referred to as ‘the implementing rules’.

These texts are available on the Eur-Lex website at http://eur-lex.europa.eu. The Financial Regulation and its implementing rules are also available at: http://ec.europa.eu/budget/biblio/documents/regulations/regulations_en.cfm#rf_modex

Any dispute which cannot be settled amicably shall be brought before the Court of First Instance of the Court of Justice of the European Union in Luxembourg. When the Contract is signed, the successful tenderer must be in compliance with the applicable legislation.

I.8 - LEGAL FORM OF THE TENDERER Tenders may be submitted by: physical persons, companies (legal persons) and public entities.

Glossary: The term ‘tenderer’ is defined as: Case (a): a single economic operator submitting a tender without co-contractors or

declared subcontractors; Case (b): a single economic operator submitting a tender with one or more declared

subcontractors; Case (c): a group, consortium or temporary association (hereinafter referred to as a

‘group’) comprising one economic operator (known as the lead contractor) submitting a tender jointly with one or more other economic operators (known as co-contractors) and able to call on one or more declared subcontractors.

http://eur-lex.europa.eu/

http://ec.europa.eu/budget/biblio/documents/regulations/regulations_en.cfm#rf_modex


Page 5/23

Subcontractors must be declared if the estimated value of their services represents more than 10% of the amount of the Contract. Below this threshold, declaration is optional. In case (c), the group must designate a lead contractor, who will be the sole contact person and responsible vis-à-vis the Commission. The group must declare itself jointly and severally liable (see II.4). The lead contractor and the co-contractors, with whom legal responsibility for the group lies, are referred to as ‘members of the group’. Subcontractors are not considered to be members of the group. Tenderers submitting a tender alone or as a member of a group shall not be permitted to submit another tender, whether alone or as a member of a group.

I.9 - DOCUMENTS TO BE COMPLETED OR SUBMITTED WITH THE TENDER When submitting a tender, the tenderer and each of its co-contractors shall provide the information requested in sections II and III (unless otherwise specified in that section) of the specifications, and include with it all the required supporting documents, numbered in the same order and submitted in a binder. In the event of subcontracting, the sole economic operator tendering or the lead contractor must include with the tender the documents from Sections II and III, which each subcontractor must complete, together with all the required supporting documents. These documents must be duly completed, dated and signed in perfectly legible writing so that there can be no doubt as to words or figures. In order to be valid, supporting documents must be at least copies of recent official documents (less than six months old) or copies of information available on official websites. Incomplete tenders may be automatically disqualified. Nonetheless, if a tender requires clarification, the contracting authority may contact the tenderer to request further information. Such information will not lead to the conditions of the tender (financial or qualitative) being altered in any way. Any alteration will disqualify the tender. Tenderers may add to their tender any other information they consider relevant. Options or variants are not permitted and will not be taken into account. I.10 - AWARD PROCEDURE

The assessment procedure is in two stages:

Stage 1: Selection of tenderers

During this stage, the contracting authority checks, on the basis of the documents submitted:

• whether tenderers meet the requirements of good character and good repute, according to the exclusion criteria;

• the suitability, i.e. the professional, economic, financial and technical capacity of the tenderers according to the selection criteria, taking account of the Contract requirements.

Only bids from tenderers who have passed this stage will be assessed in the second stage.


Page 6/23

Stage 2: Award of the Contract

During this stage, the contracting authority will assess the tenders of the selected tenderers on the basis of the price offer submitted, and determine to whom the Contract will be awarded on the basis of the award criteria (see II.6).


Page 7/23

II - DOCUMENTS TO BE COMPLETED OR SUBMITTED BY THE TENDERER

II.1 - DOCUMENTS IDENTIFYING THE TENDERER

Tenderers must complete form No 1 in Section III. This form contains:

• information on the calibre of the tenderer; • information to be included in the Contract, if awarded; • practical information regarding the contact persons for the tenderer or the lead contractor; • where applicable, information regarding the other parties mentioned in the tender (excluding

the lead contractor).

In the case of a group, the lead contractor must include an organisation chart of the group/temporary partnership/consortium with the tender, which:

o clearly specifies the division of tasks of each partner (lead contractor/co-contractors/subcontractors);

o describes the nature of the services and the percentage of the Contract co-contracted;

o describes the nature of the services and the percentage of the Contract subcontracted.

The assessment of the bid will consider the overall capabilities of the group.

II.2 - LEGAL ENTITY FORM AND FINANCIAL INFORMATION The ‘Legal form’ and ‘Financial information’ documents are crucial to registering your details in the Commission’s accounting system. Unless you are correctly registered, it will be impossible to sign the Contract or for any payments to be made under it.

This information concerns only the single company or lead contractor of the tendering group or structure as defined in point II.1.

a) Please complete the ‘Legal entity’ document (form No 2, Section III).

The information in this document must be strictly identical to the information on the official documents (articles of association, trade register, VAT registration, identity card, etc.). Please note that the document in the Annex is a specimen, and that a specific form exists for each: - type of person: natural person, private company or public body; - official language available at the following internet address: http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm Tenderers who already have a Commission-approved legal entity number may enter it in Form No 1, Section III, instead of completing a ‘legal entity’ document.

http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm


Page 8/23

b) Please complete the ‘Financial information’ document (form No 3, Section III). Any payments under the Contract will be made solely to the bank account indicated in this document. The information regarding the tenderer provided in this document must be strictly identical to the bank’s information on the account holder. Please note that the document in Section III is a specimen, and a specific form for each official language is available at the following address: http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm Tenderers who already have one or more Commission-approved bank account numbers and who wish to use one of these accounts in their tender file, may enter it in Form No 1, Section III, including the account number to be used, instead of completing the ‘Financial information’ form. II.3 - DOCUMENTS REGARDING THE EXCLUSION CRITERIA AND THE ABSENCE OF CONFLICT OF

INTEREST

By completing the declaration in Section III, form No 4, the tenderer (sole tenderer or lead contractor) and any co-contractors attest that they are not subject to any of the grounds for exclusion or in a position where there is a conflict of interest. Subcontractors must also complete the above-mentioned declaration if the estimated value of their services represents more than 10% of the amount of the Contract. II.4 - DOCUMENTS RELATING TO SIGNATURE OF THE TENDER

The tenderer's bid shall be signed using the form provided: form No 5, section III: o form No 5.1 shall be signed by the lead contractor; o form No 5.2 shall be signed by each co-contractor; o form No 5.3 shall be signed by each subcontractor whose services are estimated to be

worth more than 10% of the amount of the Contract. This form shall include:

o a declaration designating the lead contractor as the sole partner responsible vis-à-vis the Commission for the invitation to tender and any contract awarded. This means that any payments made following the award of the Contract will be made exclusively to the bank account of the lead contractor;

o a declaration acknowledging that all members of the group are jointly and severally responsible vis-à-vis the European Commission for performance of the Contract.

II.5 - DOCUMENTS RELATING TO THE SELECTION CRITERIA The sole tenderer or lead contractor along with its co-contractors must complete or submit the documents below, which will enable the contracting authority to assess, for the purposes of the Contract, the professional, economic, financial and technical capacity of the tenderers and verify their suitability for carrying out the Contract.

Subcontractors must also submit the documents mentioned in Section II.5 if the estimated value of their services represents more than 10% of the amount of the Contract.

http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm


Page 9/23

II.5.a Professional capacity

a) The most recent version of the company’s memorandum and/or articles of association, or extracts from these documents, clearly stating the company’s exact name, its purpose, the breakdown of its authorised capital and its authority to sign. If the tenderer is a natural person, a document proving his/her legal status and a copy of his/her identity card or passport.

b) Document(s) providing proof of entry in the professional or trade register in

accordance with the statutory provisions of the country where the tenderer is established.

c) A copy of the VAT registration document(s). This document must bear its identification number in the form PPxxxxxxxx…, where PP indicates the country of registration (LU, BE, FR, DE, etc.).

d) Document relating to the maximum sums covered under the tenderer’s civil and

professional liability.


Page 10/23

II.5.b Economic and financial capacity

a) Statement of total turnover for the past three financial years: Please complete the table below.

Table to be completed by each entity concerned and duplicated as many times as necessary

� Sole undertaking

� Lead contractor of group � Co-contractor

� Declared subcontractor

Financial year from… to ….



Default currency in EUR, please specify if national currency: ………. TURNOVER

Amount Amount Amount Average over 3 years

Total

The tenderer's average total annual turnover for the last three years (sole undertaking or group) must be higher than or equal to EUR 450 000.

b) Presentation of the tenderer's annual accounts for the past three financial years. The balance of the tenderer's capital and reserves must have been positive at the end of the last financial year.

II.5.c. Technical capacity

Where a group is tendering, only the lead contractor need submit the documents and information relating to technical capacity: the items indicated must include the capacities of the various members of the group. The lead contractor must nevertheless state clearly what work is to be done by the other members of the group.


Page 11/23

The following documents are requested:

N° 1. References Indicate at least three similar operations to the subject of the tender performed over the past three years for buildings of more than 10 000 m², indicating for each reference the information required in the table below. (duplicate as many times as necessary)

Reference No…

Name of enterprise presenting the reference:

� Sole undertaking � Lead contractor of group � Co-contractor � Declared

subcontractor

Name of client:

Customer contact person:

Telephone number:

Brief description of the services performed:

Period: from________to_______

Total value of services provided for the reference (EUR):

Tenderers shall attach to this table certificates of satisfactory completion for completed contracts. The certificates shall be signed by the companies concerned, indicating the name and job title of the signatory. N° 2. Competence forms

Provide competence forms for the persons likely to perform the tasks. Competence forms are not CVs: they are not nominative and are exhaustive descriptions of the competences (qualifications and experience) of the following staff categories:

Person responsible for the Contract on site

Staff required occasionally (technicians/engineers)

The competence form must display information that permits checks to be made on the profiles of proposed staff to ensure that they meet the requirements set out in section 3.5 of Annex IIB of the draft Contract.

N° 3. Certificate of attendance Provide a certificate of attendance issued by the Commission at the end of the compulsory site inspection. Should the tenderer fail to provide any item listed in section II.5, the tender may be rejected. The tenderer may provide any other information and/or document that he/she sees fit to include with the tender file.


Page 12/23

II.6 - DOCUMENTS RELATING TO THE AWARD CRITERIA

Note: Where a group of companies or subcontractors are involved, these documents are to be completed only by the lead contractor. All information regarding the co-contractors or subcontractors must be included. Where relevant, the subcontracted tasks must be clearly identified, including their percentage in relation to the whole of the Contract. The Contract will be awarded to the tender offering best value for money, on the basis of the following: - quality assessment of the bid (60% weighting) - financial assessment of the bid (40% weighting)

II.6.a Qualitative assessment of the bid (100 points)

The quality assessment of the bids is calculated on the basis of 100 points, divided into two criteria set out below. Criterion No 1: organisation set up to carry out the work (maximum 50 points) Provide a description of the mode of operation/organisation of the team responsible for carrying out the work.

The criterion is assessed on a scale of 0 to 50 whole points (0 points – no description of the organisational set-up; 50 points – excellent mode of operation and organisational set-up). Criterion No 2: methods used to carry out the work (maximum 50 points)

Provide a document describing the methods used and the technical means employed to carry out the work in a 10 000 m² building. The criterion is assessed on a scale of 0 to 50 whole points (0 points – no description of the working methods; 50 points – excellent working methods).

II.6.b. Financial assessment of the bid Tenderers must complete the price schedule (Annex IIA to the Contract). Your attention is drawn to the following points:

prices are to include all direct and indirect costs incurred by the Contractor in carrying out the work, in particular expenses for travel and subsistence and transport to site;

prices must be expressed in euros and will not be affected by any changes in the rate of the euro against other currencies;

prices are to be net of VAT, and must be firm and not subject to revision until the Contract has been signed or at the latest six months after the deadline for submission;

all items in the price schedules must be completed, failing which the bid will be considered null and void. No boxes may be left blank. If the price of an item is €0, tenderers must indicate it in that way (no symbols: -, /, etc.);

during performance of the Contract, price reviews will be conducted pursuant to the provisions of the Contract;

as the European Union is exempt from all taxes and duties, including value-added tax (VAT), pursuant to Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities, these may not be included in the price.


Page 13/23

It is essential that this document be completed in accordance with the format required by the contracting authority. Using ranges or several numbers where a single figure is requested, expressing reservations as to certain prices, percentages or any other element in the tender, adding or changing items, etc. will inevitably mean that the tender cannot be assessed or compared with those of the other tenderers. In such cases, the contracting authority will be obliged to declare the bid unacceptable and reject it. In practice, in Annex IIA ‘Price Schedule’ to the draft Contract, which comprises a file in Excel format, the tenderer must complete:

• the ‘Item I’ boxes in the ‘standard annual fee’ column in euros, to two decimal places, for each building. The amounts under Item I are calculated automatically;

• the ‘Item II’ boxes in the ‘hourly rate’ column (in euros, to two decimal places). The amounts, calculated automatically, are arrived at by multiplying the hourly rates by the estimated amount worked. This estimate cannot be modified by the tenderer. It is given as a guide to be included in the total under Item II and on no account does it constitute a commitment by the Commission

The ‘Summary’ column in the price schedule is completed automatically. It must be dated, stamped and signed by the tenderer and attached to the bid together with the price schedule. The amount of the bid will be calculated as the sum of the following subtotals: A. Sum of the standard annual fees under Item I of the price schedule (Annex IIA to the

draft Contract) which must be completed by the tenderer B. Multiplication of the hourly rates under Item II of the price schedule (Annex IIA to the

draft Contract), which must be completed by the tenderer, by the estimated annual number of hours worked under Item II:

Hours of work by technician 130 Hours of work by engineer 70

II.6.c. Final assessment of the bid (100 points)

The score for the bid arrived at in the final assessment will be calculated using the following formula:

100criteria awardtender

allfor points) 100 of(out quality for score total

60X bid ofamount

amountlowest 40X ×+×=scoreBid

The bid with the highest total score will be judged to offer the best value for money.


Page 14/23

III - FORMS FORM No 1: IDENTIFICATION OF THE TENDERER

Identification of the Tenderer (to be completed)

acting in its capacity as:

� Sole tenderer, with no declared subcontractors*

� Sole tenderer, with declared subcontractor(s)*

� Group* (please give the name of the

group)

� Natural person*

Name:

Position or profession:

� Company � Public-law entity*

Name of the company/entity:

Represented by:

Position: * Please tick � and fill in the sections required

Information to be included in the Contract if awarded

Identity details Details

Full name of the tenderer’s firm

Legal form

Country of registration

Registration number

VAT number

Full address of the tenderer’s registered office

Internet address (where applicable)

Person(s) designated to sign the Contract(s): name in full and position. Please state, where applicable, whether the persons are authorised to sign independently or jointly.


Page 15/23

Additional information concerning the Legal Entity Files (LEF) and financial information forms (where applicable and if known by the tenderer)

Legal entity file (LEF) � Yes � No

Financial information form � Yes � No

If Yes, account number:

Practical information regarding the contact persons for the tenderer or the lead contractor

Contact person for administrative matters Details

Name in full and title

Position

Name of company

Address in full

Telephone

Fax

Email address

Contact person for technical matters Details

Name in full and title

Position

Name of company

Address in full

Telephone

Fax

Email address


Page 16/23

Information regarding the other parties mentioned in the tender (excluding the lead contractor)

duplicate as many times as necessary for identification of all members of the group and each declared subcontractor

(to be completed) acting in its capacity as:

� Member of group � Declared subcontractor

� Natural person*

Name:

Position or profession:

� Company � Public-law entity*

Name of the company/entity:

Represented by:

Position: * Please tick � and fill in the sections required


Page 17/23

FORM No 2 LEGAL ENTITY


Page 18/23

FORM No 3 FINANCIAL INFORMATION SHEET


Page 19/23

FORM No 4 REGARDING THE EXCLUSION CRITERIA

Declaration regarding the exclusion criteria and the absence of conflict of interest The undersigned: ………………………………………..……………………………………………..........................

acting in his/her own name (if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision-making or control over the economic operator)

or acting as a representative (if the economic operator is a legal person)

official name in full (only for legal persons):

....................................................................................................……………………………………

official legal form (only for legal persons): ……………………………………………………

official address in full: ………………………………………………………………………………………………………

………………………………………………………………………………………………………

VAT registration number:

………………………………………..........................................................................

declares that he/she or the company or organisation that he/she represents:

a) is not bankrupt or being wound up, is not having his/her/its affairs administered by the courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, and is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b) has not been convicted of an offence concerning professional conduct by a judgment which has the force of res judicata;

c) has not been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;

d) has fulfilled all his/her/its obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which he/she/it is established, with those of the country of the contracting authority and with those of the country where the Contract is to be performed;

e) has not 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 European Union’s financial interests;

f) has not been the subject of an administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in a procurement procedure or failing to supply information, or being declared to be in serious breach of his/her obligations under contracts covered by the budget.


Page 20/23

In addition, the undersigned declares on his/her honour that:

g) he/she has no conflict of interest in connection with the Contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest;

h) he/she will inform the awarding authority without delay of any situation considered a conflict of interest or which could give rise to a conflict of interest;

i) he/she has not made and will not make any offer of any type whatsoever from which an advantage can be derived under the Contract;

j) he/she has not granted, sought, attempted to obtain or accepted and will not grant, seek, attempt

to obtain or accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to the award of the Contract;

k) the information provided to the Commission in connection with this invitation to tender is accurate, trustworthy and complete;

l) in the event they are awarded the Contract, shall provide the evidence that they are not in any of

the situations described in points a), b), d) and e) above.

For the situations described in a), b) and e), production of a recent extract from the judicial record is required or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. Where the tenderer is a legal person and the national legislation of the country in which the tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision-making or control in relation to the tenderer. For the situation described in point d) above, recent certificates or letters issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social-security contributions for which the tenderer is liable, including for example VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions.

For any of the situations described in a), b), d) or e), where any document described in the two paragraphs above is not issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in the country of origin or provenance.

By signing this form, the undersigned acknowledges acquaintance with the administrative and financial penalties described under Articles 133 and 134b of the Implementing Rules (Commission Regulation 2342/2002 of 23 December 2002), which may be applied if any of the declarations or information provided prove to be false.

Name in full and position Date Signature


Page 21/23

FORM No 5 : TENDER SIGNATURE

5.1. Specimen signature form for the sole undertaking or lead contractor (1)

I, the undersigned, declare that I am aware of all the terms and conditions of the Contract and undertake to comply therewith in the event of my group/sole undertaking (delete as appropriate) winning the Contract. I, the undersigned, certify that the information given in this tender is correct and that the tender is valid until 11 March 2013 (closing date for submission of tenders + 6 months). [To be included only the case of groups] I, the undersigned, declare that I am the lead contractor and the sole partner responsible vis-à-vis the Commission for this invitation to tender and any contract awarded. [To be included only the case of groups] As co-contractors, all members of the group are jointly and severally responsible vis-à-vis the European Commission for performance of the Contract.

Name: Company stamp: Position: Signature: Date: Co-signatory (if any) Name: Position: Signature: Date:

(1) The tender must include documents proving that the person(s) designated to sign the Contract and the person(s)

signing the tender are authorised to do so.


Page 22/23

5.2. Specimen signature for co-contractors

(to be reproduced as many times as necessary)

I, the undersigned, declare that I am aware of all the terms and conditions of the Contract and undertake to comply therewith in the event of my group winning the Contract. I, the undersigned, declare that ………………………………………………………………………………………. (name of the lead contractor) is the lead contractor and the sole partner responsible vis-à-vis the Commission for this invitation to tender and any contract awarded. As co-contractors, all members of the group are jointly and severally responsible vis-à-vis the European Commission for performance of the Contract. Name: Company stamp: Position: Signature: Date: Co-signatory (if any) Name: Position: Signature: Date:


Page 23/23

5.3. Specimen signature form for subcontractors

This form is to be completed by each subcontractor whose services are estimated to be worth more than 10% of the amount of the Contract.

(to be reproduced as many times as necessary)

I, the undersigned, undertake to carry out the work ordered by the lead contractor in accordance with the specific conditions for performing the Contract. Name: Company stamp: Position: Signature: Date: Co-signatory (if any) Name: Position: Signature: Date:

Contract No 07/2012/OIL Annex IV

Contractor’s Bid dated ……….

Contract No 07/2012/OIL Annex V

Safety Instructions

(these instructions will be sent directly to the Contractor before the Contract is signed)

94 95 9 6 Invitation to tender - European...

Documents

Transcript of 94 95 9 6 Invitation to tender - European...