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  • 1. GENERAL INVITATION TO TENDER No 10234 Title: "Daily transport and delivery of the Official Journal, books, other periodicals and publications" SPECIFICATIONS Invitation to tender n° 10234 Part 1 Page 1 / 74 final
  • 2. Contents CONTENTS 1. PRELIMINARY INFORMATION CONCERNING THE INVITATION TO TENDER..................4 1.1. PRESENTATION OF THE PUBLICATIONS OFFICE...............................................................................................4 1.2. NATURE OF THE CONTRACT.........................................................................................................................5 1.3. SUBJECT AND BACKGROUND OF THE CONTRACT..............................................................................................5 1.4. STARTING DATE OF THE CONTRACT AND DURATION OF THE TASKS/CONTRACT......................................................5 1.5. PRICE......................................................................................................................................................6 1.6. TERMS OF PAYMENT..................................................................................................................................6 1.7. FINANCIAL GUARANTEES...........................................................................................................................6 1.8. PLACE OF PERFORMANCE............................................................................................................................6 1.9. GENERAL TERMS AND CONDITIONS FOR THE SUBMISSION OF TENDERS.................................................................6 1.10. PERIOD OF VALIDITY OF THE TENDER..........................................................................................................7 1.11. VISIT TO THE PREMISES............................................................................................................................7 1.12. DATE AND PLACE OF OPENING OF THE TENDERS............................................................................................7 2. THE TENDER AND THE EVALUATION............................................................................................8 2.1. ASSESSMENT AND AWARD OF CONTRACT.......................................................................................................8 2.2. FORM AND CONTENT OF THE TENDER............................................................................................................8 2.3. STRUCTURE OF THE TENDER........................................................................................................................9 2.4. SECTION ONE: ADMINISTRATIVE INFORMATION................................................................................................9 2.4.1. For private entities.....................................................................................................................10 2.4.2. For individuals...........................................................................................................................11 2.4.3. For Public Entities.....................................................................................................................11 2.5. SECTION TWO: EXCLUSION CRITERIA...........................................................................................................11 2.5.1. Documents relating to the exclusion criteria.............................................................................11 2.5.2. Grounds for exclusion................................................................................................................12 2.5.3. Administrative and financial penalties.......................................................................................12 2.6. SECTION THREE: SELECTION CRITERIA.........................................................................................................13 2.6.1. Financial and economic capacity of the tenderer......................................................................13 2.6.1.1. Documents to provide concerning the financial and economic capacity............................................13 2.6.1.2. Evaluation of the financial and economic capacity............................................................................14 2.6.2. Technical and professional capacity of the tenderer ................................................................14 2.6.2.1. Documents to provide concerning the technical and professional capacity of the tenderer................14 2.6.2.2. Evaluation of the technical and professional capacity........................................................................16 2.7. SECTION FOUR: AWARD CRITERIA – TECHNICAL BID......................................................................................16 2.7.1. Documents to provide concerning the technical award criteria ..............................................16 2.7.2. Evaluation of the technical award criteria................................................................................16 2.8. SECTION FIVE: AWARD CRITERIA – FINANCIAL BID........................................................................................17 2.8.1. Documents to provide relating to the financial award criteria.................................................17 2.8.2. Evaluation of the financial award criteria.................................................................................19 2.9. FINAL EVALUATION.................................................................................................................................19 2.10. INFORMATION FOR TENDERERS.................................................................................................................19 2.11. AWARD OF THE CONTRACT.....................................................................................................................20 3. JOINT BID AND SUBCONTRACTING...............................................................................................21 3.1. MAKING A BID IN COLLABORATION WITH OTHER COMPANIES..........................................................................21 3.1.1. Joint bid......................................................................................................................................21 3.1.2. Subcontracting...........................................................................................................................21 3.2. DOCUMENTS TO SUBMIT – JOINT BID..........................................................................................................22 3.3. DOCUMENTS TO SUBMIT – SUBCONTRACTING...............................................................................................23 3.4. EVALUATION OF THE BIDS IN CASE OF JOINT BIDS OR SUBCONTRACTING............................................................24 3.4.1. Exclusion criteria.......................................................................................................................24 3.4.2. Selection criteria........................................................................................................................24 3.4.2.1. Joint bid.............................................................................................................................................24 3.4.2.2. Subcontracting...................................................................................................................................24 3.4.3. Award criteria............................................................................................................................24 Invitation to tender n° 10234 Part 1 Page 2 / 74 final
  • 3. Contents 4. TECHNICAL SPECIFICATIONS.........................................................................................................25 4.1. SUBJECT OF THIS TENDER.........................................................................................................................25 4.2. TYPES OF PUBLICATION............................................................................................................................25 4.3. TYPES OF SERVICES AND DISPATCH FORMATS...............................................................................................25 4.4. DESTINATION ZONES................................................................................................................................26 4.5. TAKING OVER.........................................................................................................................................27 4.5.1. Site..............................................................................................................................................27 4.5.2. Timetable....................................................................................................................................27 4.5.3. Obligatory notices on each dispatch..........................................................................................27 4.5.4. Packaging..................................................................................................................................27 4.5.5. Volumes......................................................................................................................................27 4.6. VALIDATION...........................................................................................................................................28 4.7. DISTRIBUTION.........................................................................................................................................28 4.7.1. Collection and transport............................................................................................................28 4.7.2. Final distribution........................................................................................................................28 4.8. DEADLINES............................................................................................................................................29 4.8.1. Monitoring of performance........................................................................................................29 4.8.2. Management of returns..............................................................................................................30 4.9. SITE INSPECTION.....................................................................................................................................30 4.10. IMPLEMENTATION OF THE CONTRACT.......................................................................................................30 4.11. LIQUIDATED DAMAGES...........................................................................................................................30 4.11.1. Delay - Taking over of consignments.......................................................................................30 4.11.2. Delay - Delivery to the postal services in the country of destination......................................30 4.11.3. Damage or loss........................................................................................................................30 4.12. RESPECT OF NATIONAL REGULATIONS.......................................................................................................31 4.13. STATISTICS FOR POSTAL DELIVERY IN 2008...............................................................................................32 4.14. LIST OF ISO CODES / DESTINATION ZONES...............................................................................................34 5. ANNEXES.................................................................................................................................................40 5.2. DOCUMENT 1 - FINANCIAL BID: PRICE SCHEDULES AND ESTIMATION FORM.......................................................41 5.3. DOCUMENT 2A - FINANCIAL IDENTIFICATION FORM......................................................................................42 5.4. DOCUMENT 2B - "LEGAL ENTITY" FORM..................................................................................................43 5.5. DOCUMENT 2C - AGREEMENT / POWER OF ATTORNEY.................................................................................44 5.6. DOCUMENT 2D - GUARANTEE - MODEL.....................................................................................................48 5.7. DOCUMENT 3 - FORM FOR IDENTIFICATION OF THE TENDERER........................................................................50 5.8. DOCUMENT 4 - QUESTIONNAIRE FOR JOINT BIDS AND SUBCONTRACTING...........................................................53 5.9. DOCUMENT 5 - LIST OF DOCUMENTS TO PROVIDE.........................................................................................56 5.10. DOCUMENT 6 - DECLARATION ON THE GROUNDS FOR EXCLUSION.................................................................58 5.11. DOCUMENT 7 - TECHNICAL QUESTIONNAIRES REGARDING THE SELECTION CRITERIA.........................................59 5.11.1. Description of the tenderers activity........................................................................................60 5.11.2. Main comaparable contracts...................................................................................................61 5.11.3. Size of the tendering firm.........................................................................................................62 5.11.4. Technical resources of the tenderer.........................................................................................63 5.11.5. Computing facilities.................................................................................................................64 5.11.6. Description of the technical system..........................................................................................65 5.11.7. The description of the equipment.............................................................................................66 5.11.8. Technical and administrative organisation..............................................................................67 5.11.9. Characteristics and obligatory markings.................................................................................68 5.11.10. Language skills.......................................................................................................................69 5.11.11. Contingency plan....................................................................................................................70 5.12. DOCUMENT 8 - AWARD CRITERIA – QUESTIONNAIRE(S) REGARDING THE AWARD CRITERIA..............................71 5.12.1. Methodology of delivery...........................................................................................................71 5.12.2. Quality of the full arrangements..............................................................................................72 5.12.3. Quality of the procedure set up to cope with transport difficulties..........................................73 5.12.4. Quality of the tracking methods...............................................................................................74 Invitation to tender n° 10234 Part 1 Page 3 / 74 final
  • 4. 1. Preliminary information 1. PRELIMINARY INFORMATION CONCERNING THE INVITATION TO TENDER These specifications follow the publication of the contract notice in OJ S (Please see reference in the invitation letter.) 1.1. Presentation of the Publications Office The Publications Office of the European Union, hereinafter referred to as “the Publications Office”, (2, rue Mercier, L-2985 Luxembourg) is the publishing house of the European authorities in the broadest sense, responsible for producing and distributing, on all media and by all means, all the publications of the European Union. The Publications Office, whose current organisation and operation are laid down by Decision 2009/496/EC, ECSC, Euratom (Official Journal of the European Communities, L 168, 30.06.2009, p. 41-47, is managed by a Management Committee in which each institution is represented by its Secretary-General. The Publications Office is administratively attached to the European Commission. More information can be found on the Publications Office website: http://publications.europa.eu As a publisher, the Publications Office has a duty to offer the highest quality service to its customers – the originating departments of the institutions and other bodies of the European Union and to its public – the people of the European Union and those throughout the world who are interested in European affairs. In the field of new technologies, the Publications Office must place itself in the forefront of the publishing profession. Under the provisions of the Treaties establishing the European Communities, the publication of certain titles, such as the Official Journal of the European Union or the General Report on the Activities of the European Union, is a legal obligation. Useful web sites Publications Office http://publications.europa.eu EU-bookshop: the Union's http://bookshop.europa.eu online bookshop EUROVOC: multilingual http://eurovoc.europa.eu thesaurus CORDIS: Community R&D http://cordis.europa.eu Information Service Eur-Lex: the gateway to http://eur-lex.europa.eu European Union law WHOISWHO: inter-institutional http://europa.eu/whoiswho/whoiswho.html directory of the European Union TED: supplement to the Official http://ted.europa.eu Journal of the European Union SIMAP: EU-information for http://simap.europa.eu Invitation to tender n° 10234 Part 1 Page 4 / 74 final
  • 5. 1. Preliminary information public procurement DG MARKT: DG Internal Market http://europa.eu/comm/internal_market Other useful links http://europa.eu/geninfo/info/index_en.htm 1.2. Nature of the contract The contract is a framework service contract with the title: Daily transport and delivery of the Official Journal, books, other periodicals and publications As exact implementing conditions, quantities and/or delivery times cannot be indicated in advance, the Commission intends to conclude a framework contract, which shall establish the basic terms for a series of order forms to be issued or concluded over its duration. Framework contracts do not give rise to any direct obligation on the part of the Commission; it is only their implementation through orders that is binding on the part of the Commission. The estimated volume of the contract is 31.000.000 euro over a maximal period of 4 years. The tender consists in one (1) lot including 4 types of services. 1.3. Subject and background of the contract For document distribution purposes, the Publications Office intends to entrust one provider with the collection and distribution of packages of publications (For the kind of publications, see point 1.2 and point 4.2) intended for recipients residing in or outside of the European Union. This system comprises two main tasks to be performed: - Collecting the packages from the Publication Office's premises and transporting them to a distribution centre; - Distributing the packages to the final recipients using a system similar to the first-class postal service. Regular post is excluded from this invitation to tender. For more details on the tasks to be performed, refer to point 4 (Technical specifications). 1.4. Starting date of the contract and duration of the tasks/contract The contract is foreseen to be signed in January 2010. The execution of the tasks based on the contract is foreseen on 23 March 2010. It will be preceded by a kick-off meeting at which the contract will be discussed and the handover between the Publications Office, the new contractor and the company providing the conditionning services will take place. (See also point 4.1). Invitation to tender n° 10234 Part 1 Page 5 / 74 final
  • 6. 1. Preliminary information The period of execution of the tasks may be extended, only with the written agreement of the contracting parties. The duration of the contract shall be twenty four (24) months. The contract may be renewed automatically no more than twice (2 x) for twelve (12) months under the same terms and conditions, unless written notification to the contrary is sent by one of the contracting parties and received by the other one (1) year before expiry of the ending period. Renewal does not imply any modifications or deferment of existing obligations (See also Article 1.2 in the Framework Contract). 1.5. Price • Prices must be all inclusive and expressed in euro. For tenderers in countries which are not part of the euro zone, the price quoted may not be revised in line with exchange rate movements; • Prices can only be revised according to Article I.3 of the contract. The price revisions will be calculated with the same number of decimals as was accepted in the initial original price schedule and also the revised prices will have the same number of decimals (Point 2.8.1). For details on how to present the financial bid in the price schedule and estimation form, see point 2.8.1). 1.6. Terms of payment Payments shall be made in accordance with Article I.5 of the contract: 1.7. Financial Guarantees The contractor is required to provide a guarantee for performance of one hundred and fiftythousand EUR (150.000.-), in compliance with Article I.5.4 of the contract. The guarantee, which has to comply with the model in point 5.6 - Document 2D - Guarantee - model, must be provided before the contract is signed by the Publications Office. 1.8. Place of performance Consignments are placed at the disposal of the Contractor in the Centre of Distribution of the Publications Office, 3, Émile Bian in L-1235 Luxembourg-Gasperich. The main place of performance of the tasks shall be the contractor's premises or any other place indicated in the offer of the successful tenderer. Meetings between the Publications Office and the successful contractor may be held on the premises of the Publications Office. 1.9. General terms and conditions for the submission of tenders Participation in the tendering procedure is open on equal terms to all natural and legal persons coming within the scope of the treaties and to all natural and legal persons in a third country which has a special agreement with the European Communities in the field of public procurement on the conditions laid down in that agreement. Submission of a tender implies that the tenderer accepts all the terms and conditions set out in the invitation letter, in these specifications (including the annexes) and in the draft Invitation to tender n° 10234 Part 1 Page 6 / 74 final
  • 7. 1. Preliminary information contract and waives all other terms of business. Submission of a tender binds the tenderer to whom the contract is awarded during performance of the contract. Once the Publications Office has accepted the tender, it shall become the property of the Publications Office and the Publications Office shall treat it confidentially. The Publications Office shall not reimburse any costs incurred in preparing and submitting tenders. The Protocol on the Privileges and Immunities or, where appropriate, the Vienna Convention of 24 April 1963 on Consular Relations shall apply to this invitation to tender. 1.10. Period of validity of the tender The offer must remain valid for a period of six (6) months following the final date for submitting tenders (See the invitation letter). During this period, tenderers must maintain all the conditions of their bids. 1.11. Visit to the premises A visit to the premises is foreseen at 10h00 on the 02.10.2009 at the following location: Centre of Distribution of the Publications Office 3, rue Émile Bian L-1235 Luxembourg-Gasperich 1.12. Date and place of opening of the tenders Tenders will be opened at 10h00 on 30.10.2009 at the following location: Address of the Publications Office: Publications Office 2, rue Mercier L-2985 Luxembourg An authorised representative of each tenderer may attend the opening of the bids. Companies wishing to attend are requested to notify their intention by sending a fax or e- mail at least 48 hours in advance to the address below. This notification must be signed by an authorised officer of the tenderer and specify the name of the person who will attend the opening of the bids on the tenderer's behalf. Fax: (352) 2929-42672 E-mail: opoce-appels-offres@publications.europa.eu Invitation to tender n° 10234 Part 1 Page 7 / 74 final
  • 8. 2. The Tender and the Evaluation 2. THE TENDER AND THE EVALUATION 2.1. Assessment and award of contract The assessment of tenderers and offers will take place in three main stages: The aims of each of these stages are: • To check, in the first stage (exclusion criteria), whether tenderers can take part in the tendering procedure and, where applicable, be awarded the contract; • To check, in the second stage (selection criteria), the economic and financial capacity and the technical and professional capacity of each tenderer who has passed the first stage; • To assess, on the basis of the award criteria, each bid which has passed the first and second stages. The assessment procedure may end with the award of the contract. The assessment will be based on the tenderer’s offer. Concerning the exclusion and selection criteria, the Publications Office reserves the right to request additional evidence in relation to the bid submitted for clarification or verification purposes within a time- limit stipulated in its request. All the information will be assessed against the criteria specified in this chapter. Please note that concerning the award criteria, the Publications Office can contact the tenderer only if clarification is required or if obvious clerical errors must be corrected. This contact can only lead to clarification of points already mentioned in the bid and may not lead to an alteration of the terms of the bid. Only the offers meeting the requirements of a stage will pass on to the next stage of the assessment. 2.2. Form and content of the tender Tenders must be clear and concise and assembled in a coherent fashion (e.g. bound or stapled, etc.). The tenderer is also asked to provide a completed list indicating where to find the required documents (See point 5.9). If the tender is divided into different files, it is advised to make a table of contents in each file. Since tenderers will be judged on the content of their written bids, these must make it clear that they are able to meet the requirements of the specifications. Information on the general requirements and on how to submit the bid is provided in the invitation letter. Please pay attention to the fact, that the tender shall be signed by a person or persons who is/are entitled to represent the economic operator in accordance with its articles of association and/ or extract from the commercial register, or by a person(s) who received power of attorney to do so from (a) person(s) who is/are mentioned in those documents. The documents showing that the person is entitled to represent the economic operator must be submitted as explained in point 2.1. The same rule is applicable to the person(s) designated to sign the contract. Invitation to tender n° 10234 Part 1 Page 8 / 74 final
  • 9. 2. The Tender and the Evaluation 2.3. Structure of the tender All tenders must be presented in the following five sections: Section One: administrative information Section Two: exclusion criteria Section Three: selection criteria Section Four: award criteria - technical bid Section Five: award criteria - financial bid Sections one to four on the one hand and Section five on the other hand must be submitted in two separate sealed envelopes, which together are placed in double sealed envelopes as described in the invitation letter. Each inner envelope must clearly indicate its contents (“technical” and “financial”). Please observe that all documentation has to be provided in triplicate (Original and two copies) and that this also applies to any diskette, CD or similar medium that is part of the offer. 2.4. Section one: administrative information In the first section, the tenderer must provide the following: • A duly signed cover letter • The completed form for identification of the tenderer, as provided in Annex 3, including the following information:  The tenderer's name and/or business name;  A clear description of the tenderer's legal form;  The address of the tenderer's registered office;  The tenderer's telephone and fax numbers, e-mail address and, where available, Internet address;  The names of the legal representatives (directors, etc) of the tenderer, authorised to sign contracts with third parties;  The name, address, telephone and fax numbers to a contact person in relation to the submission of the tender;  The tenderer's VAT number and trade-register entry number;  Information concerning the bank account;  Contact persons;  A signed declaration confirming the validity of the tender. Invitation to tender n° 10234 Part 1 Page 9 / 74 final
  • 10. 2. The Tender and the Evaluation • A financial identification form filled in and signed by an authorised representative of the tenderer, stamped by the bank and signed by a bank representative. If you attach the copy of a recent bank statement, the stamp and signature of the bank's representative is not needed. A standard form is provided in point 5.3 - Document 2A - financial identification form and a specific form for each Member State is available at the following Internet address: http://europa.eu/comm/budget/execution/ftiers_en.htm • The "Legal Entity" form, to be signed by a representative of the tenderer authorised to sign contracts with third parties. There is one form for individuals, one for private entities and one for public entities. A model is provided in point 5.4 - Document 2B - "Legal Entity" form. Specific forms in each Member state language are available at: http://europa.eu/comm/budget/execution/legal_entities_en.htm The Legal Entity Form must be supported by the following documents in order to prove the administrative information of the tenderer: 2.4.1. For private entities • A legible copy of the instrument of incorporation or constitution, and a copy of the statutes, if they are contained in a separate instrument, or a copy of the notices of such constitution or incorporation published in the national or other official journal, if the legislation which applies to the tenderer requires such publication; • A legible copy of the most recent amendment to the instruments mentioned in the previous indent, including that involving any transfer of the registered office of the legal entity, or a copy of the notice published in the relevant national or other official journal of such amendment, if the legislation which applies to the tenderer requires such publication; • If the above documents don’t show the registration number, a proof of registration, as prescribed in their country of establishment, on one of the professional or trade registers or any other official document showing the registration number; If the most recent document submitted according to this or one of the two previous paragraphs is more then one year old at the time the offer is sent, a written confirmation, signed by a legal representative of the tenderer, that there has been no amendment or transfer of registered office since the most recent of these documents were issued must be added. • If the above documents don’t show the VAT number, a copy of the VAT registration document, where applicable; • A legible copy of the notice of appointment of the persons authorised to represent the tenderer in dealings with third parties and in legal proceedings, if it is not included in the abovementioned Invitation to tender n° 10234 Part 1 Page 10 / 74 final
  • 11. 2. The Tender and the Evaluation documents or a copy of the publication of such appointment if the legislation which applies to the legal entity concerned requires such publication. If the person(s) signing the tender or the person designated to sign the contract is/are entitled to represent the economic operator by a Power of Attorney from the abovementioned authorised persons, the Power of Attorney must also be submitted. 2.4.2. For individuals • A legible copy of his or her identity card or passport must be produced; • Where applicable, a proof of registration, as prescribed in their country of establishment, on one of the professional or trade registers or any other official document showing the registration number; • If the above documents don’t show the VAT number, a copy of the VAT registration document, where applicable. 2.4.3. For Public Entities • A copy of the resolution decree, law, decree or decision establishing the entity in question or failing that, any other official document attesting to the establishment of the entity; • The names and functions of the legal representatives (directors, etc) of the tenderer, authorised to sign contracts with third parties (a copy of the appointment of the persons authorised to represent the tenderer must be produced); • If the public entity has completed a VAT registration number in the Legal Entity Form, an official document showing the VAT number. 2.5. Section two: exclusion criteria 2.5.1. Documents relating to the exclusion criteria In Section Two, the tenderer(s) must provide the declaration on grounds for exclusion (See point 5.10) and the following related certificates or documents: • A recent extract from the ‘judicial record’ or equivalent as evidence that they are not in one of the situations listed in paragraph (a), (b) or (e) of point 2.5.2, or, failing this, of an equivalent recent document issued by a competent judicial or administrative authority in the country of origin or residence, showing that these requirements have been met; • A recent certificate by the competent authorities of the state concerned stating that the tenderer has fulfilled obligations relating to the payment of social security contributions or equivalent; • A recent certificate by the competent authorities of the state concerned stating that the tenderer has fulfilled obligations relating to the payment of taxes or equivalent. Invitation to tender n° 10234 Part 1 Page 11 / 74 final
  • 12. 2. The Tender and the Evaluation Where no such documents or certificates are issued in the country concerned, they may be replaced by a sworn or failing that a solemn statement made by the tenderer before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance. 2.5.2. Grounds for exclusion In accordance with Article 93 of the Financial Regulation No 1605/2002 (OJ L 248, page 1, of 16 September 2002, as amended), tenderers shall be excluded from the selection and award procedures if they: a) Are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; or b) Have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; or c) Have been guilty of grave professional misconduct proven by any means which the contracting authorities can justify; or d) Have not fulfilled their obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established, or with those of the country of the contracting authority or those of the country where the contract is to be performed; or e) Have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; or f) Are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation (Council Regulation N° 1605/2002 of 25/06/2002, as amended). In addition, contracts may not, according to Article 94 of the Financial Regulation, be awarded to tenderers who, during the procurement procedure: g) Are subject to a conflict of interest; h) Are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information. The Publications Office reserves the right to check the above information. 2.5.3. Administrative and financial penalties The tenderers should also be aware of the following points: • A central database shall be set up and operated by the Commission in compliance with Community rules on the protection of personal data. The database shall contain details of candidates and tenderers which is in one of the situations referred to in point 2.5.2 above and candidates and tenderers which have been excluded from the contracts or grants financed by the budget of the European Communities. Invitation to tender n° 10234 Part 1 Page 12 / 74 final
  • 13. 2. The Tender and the Evaluation • According to Article 96 of the Financial Regulation No 1605/2002 (OJ L 248, page 1 of 16.9.2002, as amended), administrative or financial penalties may be imposed by the Commission on tenderers who the situation in point point 2.5.2 (h) above or who have been declared to be in serious breach of their obligations under contracts covered by the budget of the European Communities after they have been given the opportunity to present their observations. These penalties may consist: a) In the exclusion of the tenderer or contractor concerned from contracts and grants financed by the budget of the European Communities, for a maximum period of ten years; b) In the payment of financial penalties by the tenderer or contractor up to the value of the contract in question. The penalties imposed will be in proportion to the importance of the contract and the seriousness of the misconduct. The details of those penalties are laid down in Article 133a of the implementing rules to the Financial Regulation, Commission Regulation No 2342/2002 (OJ L 357, page 1 of 31 December 2002, as amended). 2.6. Section three: selection criteria Selection of the tenderer suitable for attribution of the contract will be based on an assessment of the tenderer’s: • Economic and financial capacity, and • Technical and professional capacity. A tenderer may, where appropriate, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. In that case, it must prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. 2.6.1. Financial and economic capacity of the tenderer 2.6.1.1. Documents to provide concerning the financial and economic capacity Section Three must include in its first part, the information on the financial and economic capacity of the tenderer. It must contain the following documents: 1. The balance sheets and profit-and-loss accounts for the past three years, 2. The overall turnover and the turnover relating to the services involved in this contract carried out by the tenderer over the past three years, Invitation to tender n° 10234 Part 1 Page 13 / 74 final
  • 14. 2. The Tender and the Evaluation 2.6.1.2. Evaluation of the financial and economic capacity The tenderers’ financial and economic capacity will be evaluated on the basis of the above mentioned documents which the tenderers have to submit according to point 2.6.1.1 The minimum financial and economic capacity level is the following: the amount representing the estimated volume of the contract for one year must not exceed 60% of the annual overall turnover carried out by the tenderer over the last year, or the average annual turnover carried out by the tenderer over the past three years. For the estimated volume of the contract for four years see the Specifications, point 1.2 2.6.2. Technical and professional capacity of the tenderer 2.6.2.1. Documents to provide concerning the technical and professional capacity of the tenderer In the second part of Section Three, the tenderer must provide information on the technical and professional capacity of the tenderer in the technical questionnaire (See point 5.11). Evidence of the technical and professional capacity of the providers involved in the tender will be furnished on the basis of the following documents: 1. A brief description of the tenderer’s economic activity relating to the kind of services involved in this call for tender with supporting documents; 2. The experience and references in the relevant area, i.e. a list of main comparable contracts performed over the last three (3) years (2006-2007-2008), describing the services provided and indicating the volumes and sums involved, the dates and whether they dealt with public or private sector clients. Minimum requirement The tenderer must provide evidence for the referenced period of at least 2 similar contracts with a turnover of at least 1 million EUR per year. 3. The size of the tendering firm: administrative and operational staff: Minimum requirement - The tenderer must employ at least 5 members of administrative staff, of which three (3) must be permanent members and two (2) may be freelance. - The tenderer must employ at least 10 members of operational staff, of which seven (7) must be permanent members and three (3) may be freelance; 4. The technical resources of the company: A description of the equipment available for providing the services under the contract, mode of transport used, fleet of transport vehicles available to the tenderer and especially the technical means employed to handle collection of Invitation to tender n° 10234 Part 1 Page 14 / 74 final
  • 15. 2. The Tender and the Evaluation consignments from the Publications Office in Luxembourg/Gasperich and transport (Number of vehicles, vehicles with hydraulic tailboards, etc.). Minimum requirement To ensure the services required, the tenderer must have at his disposal a fleet of at least five (5) trucks or vans of which at least three (3) must be equipped with hydraulic tailboards; 5. The computing facilities in place; 6. The description of the technical system which ensures the traceability of consignments; 7. The description and size of the equipment made available to carry out the service described in the technical specifications; 8. The description of the technical and administrative organisation to be set up and provision of electronic versions of the forms, including, in particular: o delivery slips o weight slips o sack labels The tenderer will provide a specimen of the above mentioned administrative documents together with his technical offer. 9. The description of the characteristics and obligatory markings needed for routing and supply of a specimen “postage-paid” stamp by the tenderer; The tenderer will provide specimens together with his technical offer. 10. The language skills of the contact persons responsible for the administrative and technical follow-up. Minimum requirement The contact persons must be able to cover all of the following three (3) working languages and each person must be able to prove his or her knowledge of at least two (2) of them: ENGLISH, FRENCH and GERMAN. 11. The description of an existing contingency plan. Minimum requirement The description, limited to a maximum of 1 DIN A4 page, must at least relate to cases of "force majeure" like fire, strike, etc. Please note that it is possible to make annexes to the different pages in the questionnaire (except for point 11). Invitation to tender n° 10234 Part 1 Page 15 / 74 final
  • 16. 2. The Tender and the Evaluation By submitting a tender, each legal entity involved therein accepts the possibility of a check being carried out by the Publications Office on its technical capacities and, if necessary, on its research facilities and quality control measures. In addition, all tenderers are informed that they may be asked to prove that they are authorised to perform the contract under national law, as evidenced by inclusion in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register. Tenderers' attention is drawn to the fact that any total or partial omission of information for which one or more legal entities involved in the tender are responsible may lead the Publications Office to exclude the tender from the rest of the procedure. 2.6.2.2. Evaluation of the technical and professional capacity The technical and professional capacity will be judged on the basis of the tenderer’s expertise relevant to the required services in particular with regard to their know-how, efficiency, experience and reliability. 2.7. Section four: award criteria – technical bid The contract will be awarded to the tenderer who submits the most economically advantageous bid on the basis of the criteria set out below. 2.7.1. Documents to provide concerning the technical award criteria This part has to contain the documents showing the merits of the bid, to make it possible to evaluate the technical award criteria. 2.7.2. Evaluation of the technical award criteria The award criteria have the purpose to choose between the tenders which have been submitted by tenderers not subject to exclusion and which meet the selection criteria. The award criteria are intended to assess the quality of the bid based on the proposal of the tenderer. The criteria concerning the ability or capacity of the tenderers such as previous experience, professional education and references, which are taken into account for the evaluation of the selection criteria will not be taken into account for the evaluation of the award criteria. The technical evaluation will be based on the following criteria. Criterion Technical award criteria Weighting (maximum points No awarded and minimum points required) 1. The methodology to assure the delivery in time, as well as the control and guarantee of a quality delivery all over the world including door to door deliveries as well as P.O.Box(es) deliveries (See also point 4.11). 45 (Minimum 22,5) Invitation to tender n° 10234 Part 1 Page 16 / 74 final
  • 17. 2. The Tender and the Evaluation 2. Quality of the full arrangements which tenderers propose to perform the service requested: - Means; - Equipment; - Resources; - ………….. (A complete description as from the picking up at the OP to the delivery to the final recipients) 30 (Minimum 15) 3. Quality of the procedure set up to cope with transport difficulties: a) transport to the distribution centre (5 points) b) deliveries to final recipients (15 points) 20 (Minimum 10) 4. A tracking possibility of the consignment on demand and listing of the countries where it is implemented 5 (No minimum) Total number of points 100 The result of the technical evaluation is the sum of the number of points obtained as a result of the evaluation of each criterion. Only those bids which are awarded at least half the points for each criterion listed in 1, 2 and 3 and a total score of at least 60 points will be considered for the award of the contract. Since assessment of the tenders will focus on the quality of the proposed services, tenders should elaborate on all points addressed by these specifications in order to score as many points as possible. The mere repetition of mandatory requirements set out in these specifications, without going into details or without giving any added value, will only result in a very low score. 2.8. Section five: award criteria – financial bid 2.8.1. Documents to provide relating to the financial award criteria For the financial bid, the tenderer must use the annexed price schedule and estimation form (CD-ROM and/or download from the below mentioned address). The financial bid must fulfil the following requirements: • Prices must be expressed in euro; Invitation to tender n° 10234 Part 1 Page 17 / 74 final
  • 18. 2. The Tender and the Evaluation • Prices should be expressed to a maximum of four [4] decimal places; • Prices should be quoted free of all duties, taxes and other charges, i.e. also free of VAT, as the Communities are exempt from such charges in the EU under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ L 152 of 13 July 1967). Exemption is granted to the Commission by the governments of the Member States, either through refunds upon presentation of documentary evidence or by direct exemption. For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT is to be shown separately. In case of doubt about the applicable VAT system, it is the tenderer's responsibility to contact his or her national authorities to clarify the way in which the European Community is exempt from VAT. The following must be taken into consideration when completing the Price schedule and Estimation form. − The price schedules must include the name of the firm and each page must be duly completed and signed by one of the duly authorised representatives of the company (See point 5.2). No amendments to the price schedule will be permitted and a full reply must be given to each question. If no answer is given, the response will be assumed to be negative. Any omission or amendment to the original price schedule will cause the bid to be considered null and void. − The Estimation forms must be duly completed and signed (See point 5.2). The content must be based on the unit prices given in the price schedule and the price schedule will take precedence over the estimation form if there is any discrepancy between them. However, the estimation form is intended as a rough guide only and may not be cited in the event of litigation; only the work actually carried out is to be invoiced, on the basis of the unit prices given in the price schedule. − The optional price schedule for all consignments where the Publications Office may request, on demand, a tracking procedure (Web-based or not) up to the delivery. Only those tenderers offering a tracking system (See also criterion 4. in point 2.7.2) are requested to complete this form. N.B.: For the forms to be completed, the tenderers are requested to refer to point 5.2 and to the attached CD-ROM, which forms part 2 of the documentation. The price schedule, the optional price schedule and the estimation form are also available electronically as Excel files and can be downloaded at the following Internet address: http://www.publications.europa.eu/tenders/our/index_en.htm Invitation to tender n° 10234 Part 1 Page 18 / 74 final
  • 19. 2. The Tender and the Evaluation 2.8.2. Evaluation of the financial award criteria The evaluation of the financial award criteria will be based on the final total price in the estimation form ("Grand total" in the estimation form). The optional price schedule (including tracking) will not be considered for the financial award. 2.9. Final evaluation Only those offers that have passed the previous stages will be considered for this final evaluation. The contract will be awarded to the three tenderers with the most economically advantageous bid. The tenders will be ranked in order of highest value for money. The most economically advantageous bid will be placed in first position, followed by the tender with second most economically advantageous bid, and so on. In order to identify the offer presenting the best value for money, quality will be given a weighting of 50 % and price will be given a weighting of 50 % in accordance with the following formula, using only data from bids that have reached the final evaluation stage: Q Pmin R= (50 x ) + (50 x ) Qmax P where: R stands for value for money Q stands for quality score for the bid in question Qmax stands for quality score for the bid obtaining the highest quality mark Pmin stands for the total final amount of the specimen quotation for the lowest bid P stands for the total final amount of the specimen quotation of the bid in question 2.10. Information for tenderers The Publications Office will inform tenderers of decisions reached concerning the award of the contract, including the grounds for any decision not to award a contract or to recommence the procedure. If a written request is received, the Publications Office will inform all rejected tenderers of the reasons for their rejection and all tenderers submitting an admissible tender of the characteristics and relative advantages of the selected tender and the name of the successful tenderer. However, certain information may be withheld where its release would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Invitation to tender n° 10234 Part 1 Page 19 / 74 final
  • 20. 2. The Tender and the Evaluation 2.11. Award of the contract The procurement procedure is concluded by a contract signed by the parties, or by a decision not to conclude the contract. After the period of validity of the tender has expired, conclusion of the contract shall be subject to the tenderer's agreement in writing. Invitation to tender n° 10234 Part 1 Page 20 / 74 final
  • 21. 3. Joint bid and subcontracting 3. JOINT BID AND SUBCONTRACTING This section only applies for tenders involving joint bid or subcontracting. If this is not the case, please continue to the next section (See Point 4. Technical specifications). 3.1. Making a bid in collaboration with other companies Where a tender involves several legal entities, they may choose between: • Making a joint bid, in which case all the economic operators must be considered as tenderers and, if theirs is the successful bid, as contractors (in this case, one of the tenderers must be put forward as co-ordinator to manage the contract); and • Making a bid in the name of only one tenderer, who is then the sole contractor if the bid is successful, the other legal entities being considered as subcontractors. Whichever type of bid is chosen (joint bid or bid in the name of one tenderer), the tenderer(s) must stipulate the role, qualifications and experience of each legal entity and, where relevant, the monitoring arrangements that exist between them. 3.1.1. Joint bid Tenderers in a joint bid assume joint and several liability towards the Publications Office for the performance of the contract as a whole. Statements saying, for instance: • That one of the partners of the joint bid will be responsible for part of the contract and another one for the rest, or • That more than one contract should be signed if the joint bid is successful, are thus incompatible with the principle of joint and several liability. The Publications Office will disregard any such statement contained in a joint bid, and reserves the right to reject such offers without further evaluation on the grounds that they do not comply with the tendering specifications. In the case of a joint bid, one of the partners of the joint bid (co-ordinator) should be given power of attorney to represent the other parties to sign and administrate the contract. If the joint bid is selected the tenderers may be required to adopt a given legal form after they have been awarded the contract if this change is necessary for proper performance of the contract. 3.1.2. Subcontracting If certain tasks provided for in the contract are entrusted to subcontractors, the contractor retains full liability towards the Publications Office for performance of the contract as a whole. Accordingly: • The Publications Office will treat all contractual matters (e.g. payment) exclusively with the contractor, whether or not the tasks are performed by a subcontractor; • Under no circumstances can the contractor avoid liability towards the Publications Office on the grounds that the subcontractor is at fault. Invitation to tender n° 10234 Part 1 Page 21 / 74
  • 22. 3. Joint bid and subcontracting Tenderers must inform the subcontractor(s) that Article II.17 of the contract will be applied to them. Once the contract has been signed, Article II.13 of the above-mentioned contract shall govern the subcontracting. During execution of the contract, the contractor will need the Publications Office’s express authorisation to replace a subcontractor with another and/or to subcontract tasks for which subcontracting was not envisaged in the original offer. 3.2. Documents to submit – joint bid In the case of a joint bid, the following documents must be provided: Section One: Administrative Information and evidence for access to the contract 1. A declaration based on the model agreement on the “Power of Attorney” attached in point 5.5 signed by the legal representatives of all the partners of the joint bid including the following: • Recognising joint and several liability for all the partners of the joint bid for the performance of the contract; • Giving one of the partners of the joint bid (co-ordinator) power of attorney to represent the other parties to sign and administrate the contract. 2. If the tenderers have already set up a consortium or similar entity to that end, they should state this in their offer, together with any other relevant information and documentation in this connection. 3. The questionnaire for joint bids and subcontracting (Point 5.8) must be provided signed by a legal representative of the co-ordinator. 4. The form for identification of the tenderer must be provided by each partner of the joint bid. 5. The "legal entity" form for each tenderer with all the abovementioned supporting documents as specified in point 2.4. Only the co-ordinator must return the financial identification form. Section Two: Documents relating to the exclusion criteria 6. Each tenderer must fill in and return the declaration on grounds for exclusion (Point 5.10) and provide the supporting documents as specified above in point 2.5. Section Three: Documents relating to the selection criteria 7. Each of the parties of a joint bid must provide the documents regarding the economic and financial capacity: • The balance sheets and profit-and-loss accounts for the past three years; • The overall turnover and the turnover relating to the services involved in this contract carried out by the tenderer over the past three years. • Evidence of professional risk indemnity insurance. Invitation to tender n° 10234 Part 1 Page 22 / 74
  • 23. 3. Joint bid and subcontracting The technical questionnaire concerning the selection criteria only has to be completed once for all partners of a joint bid, but it must be indicated to which partner the described capacities belong. Sections Four and Five: Documents relating to the award criteria The documents relating to the award criteria shall be provided once by the co-ordinator representing the group of tenderers. 3.3. Documents to submit – subcontracting If the offer envisages subcontracting, it must include the following: Section One: Administrative Information and evidence for access to contract 1. The questionnaire for joint bids and subcontracting provided in (Point 5.8), signed by a legal representative of the tenderer. The third page of this questionnaire must be provided once for each subcontractor, including the following information: • The reasons for subcontracting; • The roles, activities and responsibilities of each subcontractor, and • The volume / proportion for each subcontractor; 2. A letter of intent by each subcontractor stating its intention to collaborate with the tenderer if the contract is awarded to him. Section Two: Documents relating to the exclusion criteria 3. Subcontractors must provide the duly signed declaration on grounds for exclusion (Point 5.10). Where, in a bid, the value of the subcontracting which is to be executed by a subcontractor is equal to or exceeds 20% of the value of the contract, the subcontractor must be prepared to provide all the supporting documents to the declaration as specified in point 2.5. Where those services represent less than 20% of the contract, the subcontractor shall not be required to provide the supporting evidence. The Publications Office, however, reserves the right, to request the evidence if considered necessary. Section Three: Documents relating to the selection criteria 4. Where, in a bid, the value of the subcontracting which is to be executed by a subcontractor is equal to or exceeds 20% of the value of the contract, the subcontractor must provide the documents related to the economic and financial capacity as specified in point 2.6. Where those services represent less than 20%, the subcontractor does not have to provide the documents related to the economic and financial capacity. However, in case the tenderer relies on the capacities of subcontractors for fulfilling the selection criteria as he indicates in the questionnaire for joint bids and subcontracting the Publications Office will ask for those documents (Point 5.8). The Publications Office also reserves the right to ask for those documents if considered necessary. 5. The subcontractor has to answer the questions in the technical questionnaire which concerns the services he or she is proposed to perform. Invitation to tender n° 10234 Part 1 Page 23 / 74
  • 24. 3. Joint bid and subcontracting Sections Four and Five: Documents relating to the award criteria The documents relating to the award criteria shall be provided only by the tenderer. 3.4. Evaluation of the bids in case of joint bids or subcontracting 3.4.1. Exclusion criteria The exclusion criteria will be assessed in relation to each tenderer or subcontractor individually. 3.4.2. Selection criteria 3.4.2.1. Joint bid If several tenderers are involved in the bid as partners of a joint bid, each of them must prove that they have the required economic and financial capacity. However if the criteria are to be achieved above a certain level, a consolidated assessment shall be made. The selection criteria concerning the technical and professional capacity will be assessed in relation to the group as a whole. 3.4.2.2. Subcontracting The selection criteria concerning the economic and financial capacity will be assessed in relation to the tenderer and each proposed subcontractor individually if the Publications Office finds it necessary due to the role of the subcontractor and volume of the subcontracting. However if the criteria are to be achieved above a certain level, a consolidated assessment shall be made to the extent that the subcontractor puts its resources at the disposal of the tenderer for the performance of the contract. The selection criteria concerning the technical and professional capacity will be assessed in relation to each proposed subcontractor only as regards the subcontracted services. Only in the case where the tenderer intends to rely on capacities from the subcontractor in order to fulfil the selection criteria, as he indicates in the questionnaire for joint bids and subcontracting (Annex 4), the selection criteria for technical and professional capacity will be assessed in relation to the combined capacities of the tenderer and the subcontractor as a whole, to the extent that the subcontractor puts its resources at the disposal of the tenderer for the performance of the contract. 3.4.3. Award criteria The evaluation (award) criteria will be assessed in relation to the tender as a whole. Invitation to tender n° 10234 Part 1 Page 24 / 74
  • 25. 4. Specifications 4. TECHNICAL SPECIFICATIONS 4.1. Subject of this tender The main aim of the tender is to entrust one provider with the daily transport and delivery of consignments relating to the Official Journal of the European Union (as described in point 4.2 below) intended for recipients residing in or outside the European Union. This system comprises two main tasks to be performed by the Contractor: − Collecting the consignments from the Publications Office's premises and transporting them to a distribution centre fixed by the Contractor in his offer to this tender; − Delivering the packages to the final recipients using a system similar to a first-class postal service. The services requested include also door to door deliveries as well as deliveries to P.O.Box(es). Regular post is excluded from this invitation to tender. The execution of the tasks is expected to start on 23 March 2010. It will be preceded by a kick-off meeting at which the contract will be discussed and the handover between the Publications Office, the new contractor and the company providing the conditionning services will take place. (See also point 1.4) 4.2. Types of publication The main publication distributed on a daily basis by the Publications Office is the Offical Journal of the European Union. The Publications Office also produces legal, economical and scientific publications in various formats, such as books, periodicals, DVD's, CD-ROMs, posters, calendars and other similar products. The publications of the Publications Office range from a simple leaflet to series containing several thousand pages and are distributed both to subscribers and/or casual customers. 4.3. Types of services and dispatch formats The invitation to tender distinguishes 4 types of services: • Consignments of type small (P) as defined below; • Consignments of type large (G) as defined below; • Consignments of type bulky (E) as defined below; • Consignments of type M bags (M) as defined below. • Optional: Invitation to tender n° 10234 Part 1 Page 25 / 74
  • 26. 4. Specifications Followed Consignments: The contractor will ensure a follow up of the consignments of type P, G, E or M deposited by means of a corresponding adapted system, preferably via a WEB interface, making it possible to trace the various stages of a consignment until its delivery date (See also point 2.8.1). The formats to be considered are: Maximum dimensions: Thickness: 5 mm Maximum Small (P) 165 × 245 mm maximum weight: 100 gr Maximum dimensions: Thickness: 20 mm Maximum Large (G) 305 × 381 mm maximum weight: 500 gr Package: Length + width + depth<= 900 mm maximum, with the largest dimension not greater Total weight: than 600 mm Bulky (E) Maximum 5 kg Tubes: for all Length + 2 diameters = 1.040 dispatches mm maximum, and not longer than 900 mm maximum Bag weighting a maximum M bags or equivalent of 27 kg containing Between 5 and (M) publications for a single 27 kg recipient 4.4. Destination zones The zones are defined as follows: Zone 1 Austria, Belgium, Bulgaria, Cyprus, Canada, the Czech Republic, Denmark (including the Faroe Islands and Greenland), Estonia, Finland, France (including Andorra and Monaco), Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy (including San Marino and the Vatican), Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (including the Balearics and the Canaries), Sweden, Switzerland (including Liechtenstein), Turkey, the United Kingdom (including Guernsey, the Isle of Man and Jersey), United States Zone 2 Africa, Near and Middle East, Central Asia, Central America, Mexico, Russia and the European countries not mentioned in zone 1. Zone 3 South America, The Far East (except Japan), Australia, New Zealand, South Pacific Invitation to tender n° 10234 Part 1 Page 26 / 74
  • 27. 4. Specifications 4.5. Taking over 4.5.1. Site The dispatches are made available to the Contractor at the Publication Office’s Distribution Centre at 3, rue Emile Bian, L-1235 Luxembourg-Gasperich. 4.5.2. Timetable Dispatches are made available twice a day, at 2 p.m. and at 10 p.m., on every working day in Luxembourg. Note that the quantity to be taken in charge may require more than one vehicle. This schedule is valid from Monday to Friday. Collection may be required on Saturdays. The Contractor will be informed at the latest on Friday afternoon preceeding the related Saturday. 4.5.3. Obligatory notices on each dispatch The Contractor is asked to suggest what obligatory marking to put on the upper right-hand corner of the envelope. For technical reasons, only basic Latin characters in black print must be used. Specimens are to be submitted by the successful tenderer before the start of the contract. 4.5.4. Packaging The publications are generally packed in polythene film, envelopes, cardboard covers or tubes. Postage on the consignments is pre-paid (according to the Contractor’s specifications), and they are addressed and sorted by the Publications Office by format (small (P), large (G), bulky (E) or M bags (M) and by country of destination. The Contractor shall supply the equipment needed to prepare bundles or bags, such as labels, rings, a.s.o. The Publications Office will deliver the consignments to the contractor in bundles and/or loose on trolleys, bags or in other containers that are to be provided in sufficient numbers by the contractor prior to each dispatch. 4.5.5. Volumes (As a guide) In 2008 there were approximately 4.800.000 P, G, E and M dispatches, amounting to 940.000 kg and distributed to an average of more than 100 countries of destination. Invitation to tender n° 10234 Part 1 Page 27 / 74
  • 28. 4. Specifications Type P = approximately 1.000.000 dispatches Type G = approximately 3.200.000 dispatches Type E = approximately 400.000 dispatches Type M = approximately 1.300 dispatches (15.500 kg) The average weight of an individual parcel is approximately 170 grams, and the heaviest recorded was approximately 5 000 grams. As a guide, most parcels weight between 120 and 450 grams. Detailed statistics on the dispatches are given in point 4.13 For destinations with small quantities, bundles are delivered loose to the Contractor in one or more containers. The Publications Office’s database currently contains more or less 600.000 potential recipients. This database is constantly updated. 4.6. Validation For each taking over, the Publications Office will provide an acceptance slip, specifying the formats, countries, weight and numbers of packages. This document will be validated by the Contractor and sent daily to the Publications Office as justification for invoicing. 4.7. Distribution 4.7.1. Collection and transport The Contractor will be responsible for collecting and transporting the publications from the Publications Office in Luxembourg-Gasperich to his distribution centre in an EU Member State. The distribution centre is to be chosen by the tenderer, who must take into account his obligation to deliver the dispatches to it within a maximum of 4 hours of collecting them from the Publications Office in Gasperich. The distribution centre must be able to provide services on all official working days in Luxembourg. 4.7.2. Final distribution The service provided by the Contractor must be equivalent to first-class postal service or be at least as quick as a first class postal service, including door-to-door delivery as well as a delivery to P.O.Box(es). Tenderers are to provide a description of the technical and administrative implementation to materialize the final distribution as well as an electronic version of the forms used. Invitation to tender n° 10234 Part 1 Page 28 / 74
  • 29. 4. Specifications The Contractor will forward to the Publications Office the necessary elements to be able to put the pre-paid postage stamp on each dispatch. The Publications Office must be given at least two month’s notice of any subsequent changes. The contractor is responsible for all the transport up to the delivery to the final destination. 4.8. Deadlines Deadlines should be up to the standards of the European Directive on postal services of 1997 (Directive 97/67/EC) and verified by the study of UNEX of the International Post Corporation and directives relating to it. 4.8.1. Monitoring of performance In order to ensure that the required level of quality is reached and is maintained, the contractor must use his own system of control of the services rendered so as to guarantee a continuous monitoring to perceive the deficiencies quickly and to implement immediately the corrective measures. The contractor shall describe in his offer the protocols, procedures and means set up to control the services related to the distribution of the items sent by the Publications Office. The contractor will communicate, via a written report, the conclusions issued by the implementation of the internal measures, at least every 3 months. These conclusions must contain inter alia the following details;  The ratios of quality relevant to the obligations related to the distribution periods;  The delivery time to the postal services of the country of destination;  The various problems encountered during the reference period, from the collection to the distribution services;  Their scale and impact on the quality of the services;  The nature and the scale of the complaints and objections received by the Contractor;  The concrete corrective measures taken or planned to be taken in response to the aforementioned problems/complaints. In addition, the Publications Office, at its own expense, will be able to carry out checks ensuring that distribution deadlines are respected. On signature of this contract, the Contractor will nominate at least two follow-up technical persons responsible for carrying out the contract and for daily coordination for the provision of the lorries and of the means of transport. These persons will be contactable during each working day in Luxembourg. They will Invitation to tender n° 10234 Part 1 Page 29 / 74
  • 30. 4. Specifications have to know at least two of the following languages: French, English or German. In addition, they will have to meet regularly (at least once every three months) with technical personnel of the Publications Office in its buildings in Gasperich. 4.8.2. Management of returns The undelivered dispatches will be returned to the Publications Office weekly, as well as all related correspondence. A monthly statistical report on the number of undelivered dispatches as well as their weight will be sent to the Publications Office. 4.9. Site inspection As stated in the Contract notice, a site inspection of the Publication Office’s Distribution Centre (3, rue Emile Bian, L-1235 Luxembourg-Gasperich) will be held on 02 October 2009 at 10.00 a.m. During this site inspection, a sample of a consignment ready for delivery will be available for the tenderers present. 4.10. Implementation of the Contract Once the Contract is signed, a series of non reimbursed meetings will be held between the Contractor and the Publications Office to determinate the organisational aspects of the technical implementation of the Contract, as stated in point 4.1 in fine and in point 1.4. 4.11. Liquidated damages 4.11.1. Delay - Taking over of consignments Consignments must be taken over at least twice a day according to the schedule described in point 4.5.2 above (from Monday to Friday, occasionally on Saturdays). The liquidated damages in case of late arrival are € 500 (five hundred) per completed hour. 4.11.2. Delay - Delivery to the postal services in the country of destination During the meetings foreseen in point 4.8.1, the reports will be analysed and compared to the international standards (e.g. UNEX study, point 4.8). If the Publications Office notices a difference between the report and the standards, which cannot be satisfactory explained, it may ask for improvement for the following period of three months in a formal letter sent to the Contractor. Liquidated damages of 1 % (one) of the monthly turnover may be applied, if no improvement can be observed in the meeting following the three months period. 4.11.3. Damage or loss In case of damage to or loss of a consignment, not attributable to force majeure, the Publications Office will have the right to apply liquidated Invitation to tender n° 10234 Part 1 Page 30 / 74
  • 31. 4. Specifications damages of € 50 (fifty) per each kilogram that is lost or damaged. A consignment is considered to be lost if it has not been delivered within 10 (ten) days after the average delivery time mentioned in point 4.8. Liquidated damages for delay and for loss will not be applied for the same consignments. The liquidated damages according to this paragraph may not exceed 10 % (ten) of the turnover of the contract for the related month. 4.12. Respect of national regulations The Publications Office will respect the national regulations in case of still existing public postal monopolies. Invitation to tender n° 10234 Part 1 Page 31 / 74
  • 32. 4. Specifications 4.13. Statistics for postal delivery in 2008 Weight in KG Dispatches Mixed Bag-M > Mixed Bag-M > ISO PAYS Format E Format G format PGE 5Kg 50 g < TOTAL Format E Format G format PGE 5Kg 50 g < TOTAL AD ANDORRA 10,01 21,88 31,89 12 155 167,00 AL ALBANIA 2,45 2,45 143 143,00 AR ARGENTINA 1.463,33 6,10 12,70 1.482,13 7.085 1 580 7.666,00 AT AUSTRIA 8.477,79 10.359,21 92,40 473,95 19.403,35 7.919 68.112 7 17.307 93.345,00 AU AUSTRALIA 1.773,96 18,42 1.792,38 5.771 792 6.563,00 AW ARUBA 0,04 0,04 1 1,00 BA BOSNIA-HERZEGOVINA 6,57 6,57 163 163,00 BE BELGIUM 36.080,80 51.477,53 118,40 1.802,11 89.478,84 37.649 328.635 10 74.490 440.784,00 BG BULGARIA 3.676,98 4.874,45 45,80 257,66 8.854,89 3.712 32.163 3 7.834 43.712,00 BR BRESIL 6.119,18 431,00 10,71 6.560,89 12.359 60 494 12.913,00 CA CANADA 3.414,51 2.234,28 41,36 5.690,15 3.624 13.622 1.953 19.199,00 CH SWITZERLAND 4.687,69 4.633,85 2.265,15 143,05 11.729,74 4.828 29.142 164 5.477 39.611,00 CN CHINA 2.958,78 30,18 2.988,95 10.342 1.077 11.419,00 CU CUBA 1.107,13 0,99 1.108,12 5.393 66 5.459,00 CY CYPRUS 2.190,22 2.136,69 346,15 106,42 4.779,48 2.179 14.171 24 3.721 20.095,00 CZ CZECH REPUBLIC 5.982,51 6.385,25 124,65 368,46 12.860,87 6.227 40.498 12 11.067 57.804,00 DE GERMANY 42.190,35 58.630,12 1.959,65 5.320,19 108.100,31 41.538 385.483 158 158.769 585.948,00 DK DENMARK 10.407,85 7.955,35 228,60 554,46 19.146,26 9.228 51.886 18 17.762 78.894,00 DZ ALGERIA 6.322,10 211,90 6,92 6.540,91 28.852 31 306 29.189,00 EE ESTONIA 1.836,11 2.177,10 123,19 4.136,40 1.887 14.692 4.890 21.469,00 EG EGYPT 1,43 1,43 94 94,00 ES SPAIN 33.402,60 49.563,60 428,20 2.176,77 85.571,17 35.058 313.469 41 77.033 425.601,00 FI FINLAND 9.898,72 10.177,30 1.304,65 557,95 21.938,63 9.994 66.647 100 20.641 97.382,00 FO FEROE (ISLE) 23,65 25,43 49,07 15 143 158,00 FR FRANCE 41.676,20 84.748,46 1.848,60 5.735,18 134.008,44 39.005 534.246 154 200.143 773.548,00 GB UNITED KINGDOM 37.094,93 30.437,75 39,00 2.657,32 70.229,00 32.386 200.463 3 81.128 313.980,00 GI GIBRALTAR 190,32 62,95 253,26 198 401 599,00 GL GROENLAND 5,35 7,51 12,86 4 62 66,00 GR GREECE 9.270,25 13.701,99 400,40 591,58 23.964,22 8.983 97.422 27 25.963 132.395,00 HK HONG-KONG 192,52 1,32 193,83 657 98 755,00 HR CROATIA 12,39 12,39 504 504,00 HU HUNGARY 8.113,50 5.958,05 115,90 456,02 14.643,47 7.692 39.483 9 15.011 62.195,00 IE IRELAND 8.552,70 8.288,00 192,65 454,80 17.488,15 7.897 59.625 15 20.603 88.140,00 IL ISRAEL 1.107,84 467,20 4,65 1.579,69 5.106 29 260 5.395,00 IS ICELAND 444,70 424,85 23,50 27,98 921,03 393 2.766 2 770 3.931,00 IT ITALY 35.121,01 52.857,88 404,20 2.467,13 90.850,22 34.387 357.292 37 95.468 487.184,00 JP JAPAN 3.628,90 1.857,94 5,50 44,86 5.537,20 4.055 11.418 1 1.768 17.242,00 LI LIECHTENSTEIN 272,69 175,34 14,30 462,33 252 1.228 1 1.481,00 KR KOREAN REPUBLIC 22,74 22,74 668 668,00 LT LITUANIA 3.291,59 2.339,40 217,24 5.848,22 2.962 15.235 6.087 24.284,00 LU LUXEMBOURG 4.768,65 4.521,18 193,75 230,37 9.713,95 4.528 30.943 14 8.505 43.990,00 LV LATVIA 2.136,84 1.882,51 41,20 168,60 4.229,15 2.054 12.684 2 5.016 19.756,00 MA MAROCCO 2.387,54 25,05 7,65 2.420,24 11.571 4 338 11.913,00 MC MONACO 15,49 106,15 121,64 12 590 602,00 MT MALTA 1.794,80 2.108,66 372,40 43,30 4.319,16 1.543 13.983 29 2.089 17.644,00 NL NETHERLANDS 14.852,50 17.798,42 1.020,95 1.145,00 34.816,87 14.939 114.158 89 37.072 166.258,00 NO NORWAY 2.286,75 2.286,60 355,80 236,18 5.165,33 2.271 13.895 27 5.957 22.150,00 Invitation to tender n° 10234 Part 1 Page 32 / 74
  • 33. 4. Specifications PL POLAND 13.205,10 9.107,50 62,85 1.410,51 23.785,96 10.697 58.247 7 35.386 104.337,00 PT PORTUGAL 10.503,81 14.735,40 694,50 645,95 26.579,66 10.497 101.348 56 25.981 137.882,00 RO ROMANIA 4.577,14 6.731,60 45,65 648,68 12.003,07 4.373 43.631 4 17.151 65.159,00 RU RUSSIA 2.801,31 56,62 2.857,93 10.156 1.809 11.965,00 SE SWEDEN 11.991,55 9.330,85 1.288,85 595,18 23.206,43 11.782 62.786 102 21.130 95.800,00 SG SINGAPOUR 124,40 1,24 125,63 522 69 591,00 SI SLOVENIA 3.559,26 3.847,25 60,60 251,25 7.718,36 3.623 24.942 4 7.653 36.222,00 SK SLOVAKIA 4.112,03 4.025,95 202,96 8.340,94 4.463 24.833 6.067 35.363,00 SM SAN MARINO 0,90 14,16 15,06 1 94 95,00 TN TUNISIA 909,54 14,46 924,00 4.175 460 4.635,00 TR TURKEY 2.322,38 14.996,03 225,60 66,48 17.610,48 2.364 84.349 22 2.592 89.327,00 US US of AMERICA 9.513,35 5.514,75 148,06 15.176,16 10.090 34.162 5.854 50.106,00 VA VATICAN 1,85 2,12 3,97 3 16 19,00 ZA SOUTH AFRICA 263,84 25,00 3,26 292,10 1.171 2 182 1.355,00 Macedonia 10,64 10,64 308 308,00 Z2 Transit Germany 107,28 107,28 4.172 4.172,00 Z2 Transit Australia 0,20 0,20 9 9,00 Z2 Transit USA 6,15 6,15 163 163,00 Z2 Transit France 23,45 23,45 1.652 1.652,00 Z3 Transit Germany 40,79 40,79 1.629 1.629,00 Z3 Transit Australia 3,54 3,54 190 190,00 Z3 Transit USA 0,09 0,09 2 2,00 Z3 Transit France 5,10 5,10 394 394,00 Grand Total 395.584,30 508.521,28 27.531,44 15.486,10 30.782,17 977.905,28 385.324,00 3.299.120,00 103.160,00 1.269,00 1.044.961,00 4.833.834,00 Invitation to tender n° 10234 Part 1 Page 33 / 74
  • 34. 4. Specifications 4.14. List of ISO codes / Destination zones ISO Code ZONE AD 1 AE 2 AF 2 AG 2 AI 2 AL 2 AM 2 AN 2 AO 2 AR 3 AS 3 AT 1 AU 3 AW 3 AZ 2 BA 2 BB 2 BD 2 BE 1 BF 2 BG 1 BH 2 BI 2 BJ 2 BM 2 BN 3 BO 3 BR 3 BS 2 BT 2 BW 2 BY 2 BZ 2 CA 1 CC 3 CD 2 CF 2 CG 2 CH 1 CI 2 Invitation to tender n° 10234 Part 1 Page 34 / 74
  • 35. 4. Specifications CK 2 CL 3 CM 2 CN 2 CO 3 CR 2 CU 2 CV 2 CX 3 CY 1 CZ 1 DE 1 DJ 2 DK 1 DM 2 DO 2 DZ 2 EC 3 EE 1 EG 2 ER 2 ES 1 ET 2 FI 1 FJ 3 FK 3 FO 1 FR 1 GA 2 GB 1 GD 2 GE 2 GH 2 GI 1 GL 1 GM 2 GN 3 GP 2 GQ 2 GR 1 GT 2 GU 3 GW 2 GY 3 Invitation to tender n° 10234 Part 1 Page 35 / 74
  • 36. 4. Specifications HK 2 HN 2 HR 2 HT 2 HU 1 ID 3 IE 1 IL 2 IN 2 IQ 2 IR 2 IS 1 IT 1 JM 2 JO 2 JP 1 KE 2 KG 2 KH 3 KI 3 KM 2 KN 2 KP 2 KR 2 KW 2 KY 2 KZ 2 LA 3 LB 2 LC 2 LI 1 LK 2 LR 2 LS 2 LT 1 LU 1 LV 1 LY 2 MA 2 MC 1 MD 2 MG 2 MH 3 MK 2 Invitation to tender n° 10234 Part 1 Page 36 / 74
  • 37. 4. Specifications ML 2 MM 3 MN 2 MO 3 MP 3 MQ 2 MR 2 MS 2 MT 1 MU 2 MV 2 MW 2 MX 2 MY 3 MZ 2 NA 2 NC 3 NE 2 NF 2 NG 2 NI 2 NL 1 NO 1 NP 2 NR 3 NU 3 NZ 3 OM 2 PA 2 PE 3 PF 3 PG 3 PH 3 PK 2 PL 1 PM 2 PN 3 PR 2 PT 1 PY 3 QA 2 RE 2 RO 1 RU 2 Invitation to tender n° 10234 Part 1 Page 37 / 74
  • 38. 4. Specifications RW 2 SA 2 SB 3 SC 2 SD 2 SE 1 SG 2 SH 2 SI 1 SK 1 SL 2 SM 1 SN 2 SO 2 SR 3 ST 2 SV 2 SY 2 SZ 2 TD 2 TF 3 TG 2 TH 3 TJ 2 TK 3 TL 3 TM 2 TN 2 TO 3 TR 1 TT 2 TV 3 TW 3 TZ 2 UA 2 UG 2 UM 3 US 1 UY 3 UZ 2 VA 1 VC 2 VE 3 VG 2 Invitation to tender n° 10234 Part 1 Page 38 / 74
  • 39. 4. Specifications VI 2 VN 3 VU 3 WF 3 WS 3 YE 2 YT 2 ZA 2 ZM 2 ZW 2 Invitation to tender n° 10234 Part 1 Page 39 / 74
  • 40. 5. Annexes 5. ANNEXES Forms 1 PRICE SCHEDULE AND ESTIMATION FORM 2A FINANCIAL IDENTIFICATION FORM 2B LEGAL ENTITY FORM 2C AGREEMENT /POWER OF ATTORNEY, MODEL 1 AND MODEL 2 2D FINANCIAL GUARANTEE MODEL 3 FORM FOR IDENTIFICATION OF THE TENDERER 4 QUESTIONNAIRE FOR JOINT BIDS AND SUBCONTRACTING 5 LIST OF DOCUMENTS 6 DECLARATION ON THE GROUNDS FOR EXCLUSION 7 TECHNICAL QUESTIONNAIRE REGARDING THE SELECTION CRITERIA 8 QUESTIONNAIRE REGARDING THE AWARD CRITERIA Invitation to tender n° 10234 Part 1 Page 40 / 74
  • 41. Annex 5 – Document 1 - Financial bid 5.1. 5.2. Document 1 - Financial bid: price schedules and estimation form For the forms to be completed, the tenderers are requested to refer to the attached CD-ROM, which forms part 2 of the documentation The price schedules and estimation forms will constitute an Annex to the contract to be signed on conclusion of the tendering procedure. The price schedules result from an analysis of the production processes, broken down into units of work. No amendments to them are allowed. The price schedule(s) and estimation form are provided on the CD enclosed with these Specifications in Excel format. N.B.: Tenderers are asked to complete the tables in the price schedule(s) in ELECTRONIC format, in each case writing in the non protected cells (name of the company, date and unit prices). The system will then automatically calculate the estimation form. At the end, tenderers must print each page of the price schedule(s) and of the estimation form on paper, check them, duly date them, sign and seal them and enclose them with the bid according to the instructions given in the invitation letter. The price schedule is to be accompanied by the estimation form in order to: − Enable bids to be compared; − Check that the technical specifications have been correctly interpreted. Tenderers are reminded that the price schedule(s) and the estimation form are also available electronically as Excel files at the following Internet address: http://www.publications.europa.eu/tenders/our/index_en.htm Invitation to tender n° 10234 Part 1 Page 41 / 74
  • 42. Annex 5 – Document 2A - Financial identification form 5.3. Document 2A - financial identification form Model financial identification form (To be completed by the tenderer and his or her financial institution) The tenderer's attention is drawn to the fact that this document is a model, and a specific form for each Member State is available at the following Internet address: http://europa.eu/comm/budget/execution/ftiers_en.htm. Invitation to tender n° 10234 Part 1 Page 42 / 74
  • 43. Annex 5 – Document 2A - Financial identification form 5.4. Document 2B - "Legal Entity" form Model legal entity form (To be completed and signed by the tenderer) The tenderer's attention is drawn to the fact that this document is a model, and a specific form for each Member State is available at the following Internet address: http://ec.europa.eu/budget/execution/legal_entities_en.htm Invitation to tender n° 10234 Part 1 Page 43 / 74
  • 44. Annex 5 – Document 2C – Agreement / Power of Attorney 5.5. Document 2C - Agreement / Power of attorney Agreement / Power of attorney Model 1 (DESIGNATING ONE OF THE COMPANIES OF THE GROUP AS LEADER ANDGIVING A MANDATE TO IT) We the undersigned: – Signatory 1 (Name, Function, Company, Registered address, VAT number) – Signatory 2 (Name, Function, Company, Registered address, VAT number) – ….. – Signatory N (Name, Function, Company, Registered address, VAT number), Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The European Commission has awarded the Framework Contract …. («the Contract») to Company 1, Company 2, …, Company N («the Group Members»), based on the joint offer submitted by them on … ….. for the supply of ….. and/or the provision of services for … («the Supplies and/or the Services»). (2) As co-signatories of the Contract, all the Group Members: (a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract. (b) Shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective share of the Supplies and/or the Services. (3) To this effect, the Group Members designate Company X as Group Leader. [N.B.: The Group Leader has to be one of the Group Members] (4) Payments by the European Commission related to the Supplies or the Services shall be made through the Group Leader’s bank account. [Provide details on bank, address, account number, etc.]. (5) The Group Members grant to the Group Leader all the necessary powers to act on their behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks: (a) The Group Leader shall sign any contractual documents - including the Framework Contract, Specific Agreements and Amendments thereto - and issue any invoices related to the Supplies or the Services on behalf of the Group Members. (b) The Group Leader shall act as single point of contact for the European Commission in connection with the Supplies and/or the Services to be
  • 45. Annex 5 – Document 2C – Agreement / Power of Attorney provided under the Contract. It shall co-ordinate the provision of the Supplies and/or the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract. Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval. This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in …………………………………. on ……………….. ……………… Name Name Function Function Company Company Name Name Function Function Company Company
  • 46. Annex 5 – Document 2C – Agreement / Power of Attorney Agreement / Power of attorney Model 2 (CREATING THE GROUP AS A SEPARATE ENTITY, APPOINTING A GROUP MANAGER AND GIVING A MANDATE TO HIM/HER) We the undersigned: – Signatory 1 (Name, Function, Company, Registered address, VAT number) – Signatory 2 (Name, Function, Company, Registered address, VAT number) – ….. – Signatory N (Name, Function, Company, Registered address, VAT number), Each of them having the legal capacity required to act on behalf of his/her company, HEREBY AGREE AS FOLLOWS: (1) The European Commission has awarded the Framework Contract …. (« the Contract ») to Company 1, Company 2, …, Company N (« the Group Members »), based on the joint offer submitted by them on … ….. for the supply of ….. and/or the provision of services for … («the Supplies and/or the Services»). (2) As co-signatories of the Contract, all the Group Members: (a) Shall be jointly and severally liable towards the European Commission for the performance of the Contract. (b) Shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective share of the Supplies and/or the Services. (3) To this effect, the Group Members have set up under the laws of ……. the Group ….. («the Group»). The Group has the legal form of a .….. [Provide details on registration of the Group: VAT number, Trade register, etc.]. (4) Payments by the European Commission related to the Supplies or the Services shall be made through the Group’s bank account. [Provide details on bank, address, account number, etc.]. (5) The Group Members appoint Mr./Ms ……. as Group Manager. (6) The Group Members grant to the Group Manager all the necessary powers to act alone on their behalf in connection with the Supplies and/or the Services. This mandate involves in particular the following tasks: (a) The Group Manager shall sign any contractual documents — including the Framework Contract, Specific Agreements and Amendments thereto — and issue any invoices related to the Supplies or the Services on behalf of the Group Members.
  • 47. Annex 5 – Document 2C – Agreement / Power of Attorney (b) The Group Manager shall act as a single point of contact for the European Commission in connection with the Supplies and/or the Services to be provided under the Contract. He/she shall co-ordinate the provision of the Supplies and/or the Services by the Group Members to the European Commission, and shall see to a proper administration of the Contract. Any modification to the present agreement / power of attorney shall be subject to the European Commission’s express approval. This agreement / power of attorney shall expire when all the contractual obligations of the Group Members towards the European Commission in connection with the Supplies and/or the Services to be provided under the Contract have ceased to exist. The parties cannot terminate it before that date without the Commission’s consent. Signed in …………………………………. on ……………….. ……………… Name Name Function Function Company Company Name Name Function Function Company Company
  • 48. Annex 5 – Document 2D – Guarantee model 5.6. Document 2D - Guarantee - model [Place/Date] Contract performance guarantee N ……………… "Title ……………………………………………" Signed on ………………….. Bank (Letterhead) We hereby confirm that we give the European Community an unconditional and irrevocable joint and several guarantee for an unlimited period to the value of: EUR […] (in words: … euro) for performance of the contract, above-mentioned, concluded between the: European Community represented by the European Commission Publications Office of the European Union 2, rue Mercier L – 2985 Luxembourg And Firm ……………………., Name ………….…, registration n° ……………………, whose Head office is in ………………….., address ………………; hereinafter referred to as “the Contractor”. If the Commission gives notice that the Contractor has for any reason failed to fulfil his obligations under the contract by the due date, the Bank, acting on behalf of the Contractor, undertakes to pay up to the above amount into a bank account designated by the Commission immediately on receipt of a first written request from the Commission (Sent by registered post, with acknowledgement of receipt). The Bank waives the right to require exhaustion of remedies against the principal, any right to withhold performance, any right of retention, any right of avoidance, any right to offset, and the right to assert any other claims which the Contractor may have against the Commission under the contract or in connection with it or on any other grounds. The Bank may be released from this guarantee only with the Commission’s written consent and does not have the right of deposit without its consent. The Bank’s obligations under this guarantee are not affected by any arrangements or agreements made by the Commission with the Contractor which may concern his obligations under the contract.
  • 49. Annex 5 – Document 2D – Guarantee model This guarantee shall take immediate effect. It shall expire on return of this document, which must occur within 30 days after the final payment under the contract has been made. This guarantee is governed by the law applicable to the contract. The courts having jurisdiction for matters relating to the contract shall have sole jurisdiction in respect of matters relating to this guarantee. [Place/Date] [Signature/Function] [Signature/Function]
  • 50. Annex 5 – Document 3 – Identification of the tenderer 5.7. Document 3 - Form for identification of the tenderer Identification of the tenderer (To be completed) Acting in the capacity of:  Member of consortium (specify role ……………………………) (Members of a consortium, which are not the co-ordinator, only have to fill in the first paragraph – identity, a contact person and the last paragraph – declaration)  Single tenderer Information to be included in the contract in case of award Identity Answer Official name of tenderer in full Official legal form Country of registration Statutory registration number Official address of tenderer in full (Internet address – if applicable) VAT registration number Person(s) designated to sign the contract – name in full and function. Please indicate if the person(s) are authorised to sign alone or together*
  • 51. Annex 5 – Document 3 – Identification of the tenderer Bank account The information should be consistent with the Answer financial identification form in Document 2A Name of bank Address of branch in full Exact designation of account holder Full account number including codes IBAN code BIC code Contact person Answer For administrative matters Name in full and title Function Company name Address in full Telephone number Fax number E-mail address Contact person Answer for technical matters Name in full and title Function Company name Address in full Telephone number Fax number E-mail address Declaration by an authorised representative* I, the undersigned, certify that the information given in this tender is correct, that I accept the conditions set out in the invitation letter, the tender specifications and the
  • 52. Annex 5 – Document 3 – Identification of the tenderer draft contract and that the tender is valid Name in full and title Function/Position (e.g. “manager”) Telephone number Fax number E-mail address DATE/ SIGNATURE * The tender must include documents proving that the person(s) designated to sign the contract as well as the person(s) signing the tender are authorised to do so.
  • 53. Annex 5 – Document 4 – Questionnaire for joint bids and subcontracting 5.8. Document 4 - questionnaire for joint bids and subcontracting This questionnaire only has to be completed if your tender involves a joint bid or subcontracting. Joint bid 1. Does your bid involve more then one tenderer? Yes No The questions No 2 – 4 shall be answered only if the answer is affirmative. 2. Please fill in the name of the company having power of attorney for the group of tenderers and acting as a co-ordinator: 3. Please fill in the names of the other companies taking part in the joint offer: 4. If a consortium or similar entity exists, please fill in the name and the legal status of the entity: Subcontracting 5. Does your bid involve subcontracting? Yes No If the answer is yes, please complete question number 6, and the next pages once for each subcontractor. 6. List of subcontractors:
  • 54. Annex 5 – Document 4 – Questionnaire for joint bids and subcontracting Reasons, roles, activities and responsibilities of subcontractors Please complete these pages once for each subcontractor Name of the subcontractor: Official legal form: Country of registration: Statutory registration number: (Internet address, if applicable): Official address in full: Contact person: Telephone number: Reasons for subcontracting Role, activities and responsibilities of the subcontractor: The volume or the proportion of the subcontracting: Do you intend to rely on capacities from the subcontractor in order to fulfil the selection criteria? If yes, specify which selection criterion – financial and economic capacity or technical and professional capacity – and be aware that the tenderer must provide the documents which make it possible to assess the selection criteria to the extent that the subcontractor puts its resources at the disposal of the tenderer. Date, stamp and signature:
  • 55. Annex 5 – Document 4 – Questionnaire for joint bids and subcontracting
  • 56. Annex 5 – Document 5 – List of documents to provide 5.9. Document 5 - List of documents to provide Annexed document Place in DOCUMENT to the the specifi- tender cations Section One: Administrative information and evidence for access to contract * Duly signed cover letter (to provide) * Financial identification form (completed and signed by duly 2A authorised representative(s) of the company) * Legal "entity form" (completed) with supporting documents 2B as described in point 2.4 • Articles of association • Proof of registration number and of VAT number • Documents showing that the person(s) signing the tender and designated to sign the contract are entitled to do so * Form for identification of the tenderer (completed) 3 Questionnaire for joint bids and subcontracting (if 4 applicable, completed) * If it is a joint bid, a declaration (Agreement/Power of 2C Attorney) signed by legal representatives of all the partners of the joint bid: • recognising joint and several liability for all the partners of the joint bid for the performance of the contract, • giving one of the partners of the joint bid (co- ordinator) power of attorney to represent the other parties to sign and administrate the contract, * If subcontracting is involved in the bid, a letter of intent by each subcontractor stating its intention to collaborate with the tenderer if the contract is awarded to him * This list of documents to provide (completed) 5 Section Two: Documents relating to the exclusion criteria * Declaration on grounds for exclusion (to be filled in) with 6 the following supporting documents: • a recent extract from the ‘judicial record’ or equivalent • a recent certificate of having fulfilled obligations
  • 57. Annex 5 – Document 5 – List of documents to provide Annexed document Place in DOCUMENT to the the specifi- tender cations relating to the payment of social security contributions or equivalent • a recent certificate of having fulfilled obligations relating to the payment of taxes or equivalent Section Three: Documents relating to the selection criteria a) Financial and economic capacity * Balance sheets and profit or loss accounts for the last three financial years * Overall turnover and the turnover relating to the services involved in this contract carried out by the tenderer over the past three years (to be provided) b) Technical and professional capacity * Brief description of the tenderer’s economic activity relating 7 to the submission involved in this call for tender (to be provided) * Technical questionnaires 7 Section Four: Documents relating to the technical award criteria * Questionnaires and other items regarding the award critieria 8 Section Five: Documents relating to the financial award critieria * Price schedule(s) duly completed and signed (to be filled in) 1 * Estimation form duly completed and signed (to be filled in) 1
  • 58. Annex 5 – Document 6 – Declaration on the grounds for exclusion 5.10. Document 6 - Declaration on the grounds for exclusion DECLARATION 1. Pursuant to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248/1 of 16 September 2002, as amended), I, the undersigned, declare on my honour that the following grounds for disqualification do not apply to the company or organisation which I represent, or to me (if the tenderer/subcontractor is a natural person): (a) Being bankrupt or being wound up, having one's affairs administered by the court, having entered into an arrangement with creditors, having suspended business activities, being the subject of proceedings concerning those matters, or being in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) Having been convicted of an offence concerning professional conduct by a judgement which has the force of res judicata; (c) Being guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) Not having fulfilled my obligations relating to the payment of social security contributions or my obligations relating to the payment of taxes in accordance with the legal provisions of the country of establishment or with those of the country of the contracting authority or those of the country where the Contract is to be performed; (e) Having been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; (f) Being subject of the administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or for failing to supply an information, or for being declared to be in serious breach of his obligation under contract covered by the budget. For (d), the applicant must submit, recent certificates issued by the competent authority of the country concerned showing that his or her situation is in order. The Commission will accept as sufficient evidence that none of the cases quoted in (a), (b) or (e) applies to the tenderer, the production of a recent extract from the "judicial record" or, failing this, of an equivalent recent document issued by a competent judicial or administrative authority in the country of origin or residence, showing that these requirements have been met. Where the country concerned does not issue documents or certificates of the kind required above, they may be replaced by a sworn, or failing this, a solemn statement,
  • 59. Annex 5 – Document 6 – Declaration on the grounds for exclusion made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in the country of origin or providence. 2. Pursuant to 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 No L 248 of 16 September 2002, as amended, I declare on my honour that: − Neither the company or organisation that I represent nor any member of its staff or of its board or any of its directors is placed in a situation of conflict of interests for the purposes of this tendering procedure; − I will inform the Commission, without delay, if any situation of conflict of interests or that may lead to a conflict of interests arises; − I have not been guilty of misrepresentation in supplying the information required by the awarding authority as a condition of participation in the contract procedure or failed to supply this information; − The information given to the Commission for the purposes of this tendering procedure are accurate, honest and complete. The Commission reserves the right to check this information. Done at, on Signature: Name of the signatory(ies) of this form (representative(s) legally authorised to represent the tenderer vis-à-vis third parties and acting on behalf of the aforementioned company or organisation) Name of the company/organisation represented (if applicable): Legal address: 5.11. Document 7 - Technical questionnaires regarding the selection criteria (TO BE COMPLETED)
  • 60. Annex 5 – Document 6 – Declaration on the grounds for exclusion 5.11.1. Description of the tenderers activity Information concerning the selection criteria (technical capacity) – 1/11 The tenderer is rquested to provide a brief description of his economic activity relating to the kind of services involved in this call for tender with supporting documents. Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, the data requested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form)
  • 61. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.2. Main comaparable contracts Information concerning the selection criteria (technical capacity) – 2/11 The experience and references in the relevant area, i.e. a list of main comparable contracts performed over the last three (3) years (2006-2007-2008), describing the services provided and indicating the volumes and sums involved, the dates and whether public or private sector clients. Description of the Volume of work Value Date Customer work Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data requested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 61 / 74
  • 62. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.3. Size of the tendering firm Information concerning the selection criteria (technical capacity) – 3/11 The size of the tendering firm: administrative and operational staff: Number of staff in total: Administrative staff: Operational: Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 62 / 74
  • 63. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.4. Technical resources of the tenderer Information concerning the selection criteria (technical capacity) – 4/11 The technical resources of the company: A description of the equipment available for providing the services under the contract, mode of transport used, fleet of transport vehicles available to the tenderer and especially the technical means employed to handle collection from the Publications Office in Luxembourg/Gasperich and transport (Number of vehicles, vehicles with hydraulic tailboards, etc.). Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 63 / 74
  • 64. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.5. Computing facilities Information concerning the selection criteria (technical capacity) – 5/11 The computing facilities in place: Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 64 / 74
  • 65. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.6. Description of the technical system Information concerning the selection criteria (technical capacity) – 6/11 The description of the technical system which ensures the traceability of consignments: Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 65 / 74
  • 66. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.7. The description of the equipment Information concerning the selection criteria (technical capacity) – 7/11 The description and size of the equipment made available to carry out the service described in the technical specifications. Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 66 / 74
  • 67. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.8. Technical and administrative organisation Information concerning the selection criteria (technical capacity) – 8/11 The description of the technical and administrative organisation to be set up and provision of electronic versions of the forms, including, in particular: o delivery slips o weight slips o sack labels The tenderer will provide specimen of the above mentioned administrative documents together with his technical offer. Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 67 / 74
  • 68. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.9. Characteristics and obligatory markings Information concerning the selection criteria (technical capacity) – 9/11 The description of the characteristics and obligatory markings needed for routing and supply of a specimen “postage-paid” stamp by the tenderer; The tenderer will provide specimen together with his technical offer. Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 68 / 74
  • 69. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.10. Language skills Information concerning the selection criteria (technical capacity) – 10/11 The language skills of the contact persons responsible for the administrative and technical follow-up: t FR t DE t EN t FR t DE t EN t FR t DE t EN t FR t DE t EN t FR t DE t EN t FR t DE t EN Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own documents. The document should clearly indicate the subject described, contain the data rquested and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 69 / 74
  • 70. Annex 5 – Document 7 – Selection criteria –Technical Questionnaires 5.11.11. Contingency plan Information concerning the selection criteria (technical capacity) – 10/11 The description of an existing contingency plan: The description, limited to a maximum of 1 DIN A4 page, must at least relate to cases of "force majeure" like fire, strike, etc. Name of the tenderer: Name: Date and signature: (Tenderers are free to use their own document. The document should clearly indicate the subject described, contain the data rquested and should bear the identification data and signature in line with the present form) Invitation to tender n° 10234 Part 1 Page 70 / 74
  • 71. Annex 5 – Document 8 – Award criteria –Questionnaires(s) 5.12. Document 8 - Award criteria – Questionnaire(s) regarding the award criteria (TO BE COMPLETED) 5.12.1. Methodology of delivery Criterion 1 Description of the (Tenderers are free to use their own documents, but not more than 10 DIN A4 pages. The document should clearly indicate the subject described and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form): The methodology to assure the delivery in time, as well as the control and guarantee of a quality delivery all over the world including door to door deliveries as well as P.O.Box(es) deliveries. [Evalutated on 45 points (Minimum 22,5 points are required)] Name of the tenderer: Name: Date and signature: Invitation to tender n° 10234 Part 1 Page 71 / 74
  • 72. Annex 5 – Document 8 – Award criteria –Questionnaires(s) 5.12.2. Quality of the full arrangements Criterion 2 Description of the (Tenderers are free to use their own documents, but not more than 10 DIN A4 pages. The document should clearly indicate the subject described and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form): Quality of the full arrangements which tenderers propose to perform the service requested: - Means; - Equipment; - Resources; - ……………. (Complete description as from the picking up at the OP to the delivery to the final recipients) [Evaluated on 30 points (Minimum 15 points are required)] Name of the tenderer: Name: Date and signature: Invitation to tender n° 10234 Part 1 Page 72 / 74
  • 73. Annex 5 – Document 8 – Award criteria –Questionnaires(s) 5.12.3. Quality of the procedure set up to cope with transport difficulties Criterion 3 Description of the (Tenderers are free to use their own documents, but not more than 5 DIN A4 pages. The document should clearly indicate the subject described and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form): Quality of the procedure set up to cope with transport difficulties: a) Transport to the distribution centre (5 points) b) Deliveries to final recipients (15 points) [Evaluated on 20 points (Minimum 10 points are required)] Name of the tenderer: Name: Date and signature: Invitation to tender n° 10234 Part 1 Page 73 / 74
  • 74. Annex 5 – Document 8 – Award criteria –Questionnaires(s) 5.12.4. Quality of the tracking methods Criterion 4 Description of the (Tenderers are free to use their own documents, but not more than 3 DIN A4 pages. The document should clearly indicate the subject described and every page should reference the page number and the total of pages provided. The last page should bear the data and signature in line with the present form): A tracking possibility of the consignment on demand and listing of the countries where it is implemented. [Evaluated on 5 points (No minimum is required)] Name of the tenderer: Name: Date and signature: Invitation to tender n° 10234 Part 1 Page 74 / 74