B-Brussels: study on non-tariff barriers to EU U.S. trade and investment relations 2007/S Contract notice. Services

Transcription

1 1/6 B-Brussels: study on non-tariff barriers to EU U.S. trade and investment relations 2007/S Contract notice Services Section I: Contracting authority I.1) Name, addresses and contact point(s): European Commission, Directorate-General for Trade, Directorate B, attn: Joao Aguiar Machado, BRU-CHAR 08/188, B-1049 Bruxelles/Brussel. Contact: Rupert Schlegelmilch. Tel. (32-2) Fax (32-2) Internet address(es): General address of the contracting authority: I.2) Further information can be obtained from: European Commission, Directorate-General for Trade, Directorate B, attn: Joao Aguiar Machado, BRU-CHAR 08/188, B-1049 Bruxelles/Brussel. Contact: Rupert Schlegelmilch, Tel. (32-2) Fax (32-2) URL: Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: the above-mentioned contact point(s). Tenders or requests to participate must be sent to: European Commission, Directorate-General for Trade, Directorate R, General Affairs, Resources, attn: Ms. Frida Packer (CHAR 07/221), Avenue du Bourget 1, B-1140 Bruxelles/Brussel (Evere). Contact: Ms. Frida Packer. URL: Type of the contracting authority and main activity or activities: European institution/agency or international organisation. Economic and financial affairs. The contracting authority is purchasing on behalf of other contracting authorities: no. Section II: Object of the contract II.1) Description II.1.1) II.1.2) II.1.3) Title attributed to the contract by the contracting authority: Invitation to tender related to a contract to prepare a study on non tariff barriers to EU U.S. trade and investment relations. Type of contract and location of works, place of delivery or of performance: Services. Service category No 11. Main place of performance: the premises of the contractor. NUTS code: BE1. The notice involves: 1/6

2 2/6 II.1.5) II.1.6) II.1.7) II.1.8) II.1.9) II.2) II.2.1) II.2.2) II.3) A public contract. Short description of the contract or purchase(s): The objectives of the current project, tendered by DG TRADE, are: (a) to evaluate the economic potential that would be realised by a further reduction of non-tariff barriers, either through barrier dismantling or through regulatory convergence in terms of costs and benefits for producers and consumers in the EU and the U.S., and (b) to examine the potential implications of such a reduction of non-tariff barriers and regulatory convergence as well as its systemic implications for the global regulatory and standard system. The contract also includes a 1-day conference to gather the views of interested parties, in particular EU business, to validate the preliminary results of the studies carried out. Common procurement vocabulary (CPV): Contract covered by the Government Procurement Agreement (GPA): Yes. Division into lots: Variants will be accepted: Quantity or scope of the contract Total quantity or scope: The budget of the contract, including all costs is estimated around EUR for its total duration. Estimated value excluding VAT: EUR. Options: Duration of the contract or time-limit for completion: Duration: 18 months from the award of the contract. Section III: Legal, economic, financial and technical information III.1) Conditions relating to the contract III.1.2) III.1.3) III.1.4) III.2) III.2.1) Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them: Conditions of standard EC service contract. Payment shall be made in 3 instalments on submission to the Commission by the contractor of an interim report, a final report, the publication of book and CD-ROM and dissemination of results, as set out in point 4.3 and of duly established invoices, and in accordance with Art. I.4 of the model contract. Legal form to be taken by the group of economic operators to whom the contract is to be awarded: No specific legal form is required but each service provider will be required to be jointly and severally responsible under the contract. Other particular conditions to which the performance of the contract is subject: Conditions for participation Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers: 2/6

3 3/6 III.2.2) Information and formalities necessary for evaluating if requirements are met: Tenderers shall be excluded from participation in this procurement procedure if: (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) they have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; (f) They are currently subject to an administrative penalty referred to in article 96,1. Tenderers must provide a declaration on honour that they are not in 1 of the above-mentioned situations. Only the tenderer to whom the contract is to be awarded shall be required to submit, before signing the contract, evidence confirming his declaration on honour, by providing: For point (a), (b) or (e): a recent extract from the judicial record or, failing that, an equivalent document recently issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. For point (d), a recent certificate issued by the competent authority of the State concerned. Where no such certificate is issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance. Depending on the national legislation of the country in which the tenderer or candidate is established, the documents referred to in the above 2 paragraphs shall relate to legal persons and/or natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decision-making or control in relation to the candidate or tenderer. Wherever the tenderer is a consortium of firms or groups of service providers, the above-mentioned information must be provided for each member or group. However, in case such evidence confirming the declaration on honour has already been submitted to the Commission for the purpose of another procurement procedure, and provided that the issuing date of the documents does not exceed 1 year and that they are still valid, the tenderer to whom the contract is to be awarded is allowed to send a copy of the relevant documentation together with a declaration on honour that no changes in his situation have occurred. Contracts may not be awarded to tenderers who, during the procurement procedure: (a) are subject to a conflict of interest, (b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information, (c) find themselves in 1 of the situations of exclusion, referred to at the beginning of this point 12 (letters (a) to (f). Economic and financial capacity: Information and formalities necessary for evaluating if requirements are met: 3/6

4 4/6 III.2.3) III.2.4) III.3) III.3.1) III.3.2) Evidence of the tenderer s financial and economic capacity to perform the tasks involved in this contract notice. For this purpose all tenderers must provide a full set of financial statements (comprising at least a balance sheet and profit and loss account) for the last 2 financial years (or the annual budget of the last 2 years in the case of semi-public or non-profit organisations), where the tenderer is required by law to produce such statements. 1. Where the relevant company law requires these financial statements to be audited, the auditors statement should be included. 2. Where the tenderer is not required to produce full financial statements, other documents establishing financial capacity should be submitted (e.g. internal reports, management accounts, appropriate bankers' statements, evidence of professional risk indemnity insurance etc.). The Commission will conclude a contract following this tender with a single legal counterpart. Where the tenderer that will complete the contract represents a consortium of firms or groups of service providers, the above-mentioned financial information must be provided for each member or group. Where the tenderer wishes to sub-contract or otherwise rely on the capacities of other entities, it must in that case prove 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. Where the successful tenderer is an individual, a partnership of individuals, or a sole trader, it will be expected to demonstrate that continuity of service can be guaranteed. The Commission will consider, inter alia, the risk to successful project completion that would be occasioned by the death or resignation of one or more of the individuals involved. Technical capacity: Information and formalities necessary for evaluating if requirements are met: The following information, concerning the service provider's own position and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him, should be supplied: Details of educational and professional qualifications of the proposed experts providing the services (detailed CV s have to be included for this contract). This should clearly indicate their expertise, specifically, in the sectors mentioned in point and of the ToR; and their knowledge of the relevant EU and U.S. markets and market access conditions, including economic and legal aspects. And a list of the principal related projects that were carried out under the applicant s direct responsibility during the past 3 years proving merit and experience in areas covered by the present study. Evidence of the tenderer s technical capacity to perform the tasks involved in this contract notice. The team must therefore include substantial expertise and professional experience in sectors and areas covered by the present study. Team members should comply with the criteria outlined under 5.1 and 5.2 of the ToR. Reserved contracts: Conditions specific to services contracts Execution of the service is reserved to a particular profession: Legal entities should indicate the names and professional qualifications of the staff responsible for the execution of the service: Yes. Section IV: Procedure IV.1) Type of procedure: 4/6

5 5/6 IV.2) IV.2.2) IV.3) IV.3.1) IV.3.2) IV.3.3) IV.3.4) IV.3.6) IV.3.7) IV.3.8) Open. Award criteria: The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document. An electronic auction will be used: Administrative information File reference number attributed by the contracting authority: TRADE 07/B3/B08. Previous publication(s) concerning the same contract: Conditions for obtaining specifications and additional documents or descriptive document: Time-limit for receipt of requests for documents or for accessing documents: Payable documents: no. Time-limit for receipt of tenders or requests to participate: Language(s) in which tenders or requests to participate may be drawn up: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish. Minimum time frame during which the tenderer must maintain the tender: Duration: 9 months from the date stated for receipt of tenders. Conditions for opening tenders: (15:00). Place: 9/214. Persons authorised to be present at the opening of tenders: yes. Representatives of the tenderers are authorised to be present in the opening of tenders. The request for participating in the opening procedure should be sent to Mr Aguiar Machado before Section VI: Complementary information VI.1) This is a recurrent procurement: VI.2) VI.4) VI.4.1) VI.4.2) Contract related to a project and/or programme financed by EU funds: Procedures for appeal Body responsible for appeal procedures: Court of First Instance of the European Communities, boulevard Konrad Adenauer, L-2925 Luxembourg. Tel. (352) Fax (352) ECJ.Registry@curia.eu.int. URL: Body responsible for mediation procedures: The European Ombudsman, 1, avenue du Président Robert Schuman, F Strasbourg Cedex. Tel. (33) Fax (33) euro-ombudsman@europarl.eu.int. URL: Lodging of appeals: Precise information on deadline(s) for lodging appeals: 5/6

6 6/6 VI.5) within 2 months of the plaintiff being notified or, failing this, on the date on which he became aware thereof. A complaint made to the European Ombudsman will neither cause this period to be suspended nor a new period for lodging appeals to begin. Date of dispatch of this notice: /6