TENDER SPECIFICATIONS

Transcription

1 TENDER SPECIFICATIONS 2012/EJ/81 PROVISION OF DESIGN, LAYOUT, PRODUCTION AND OFFSET PRINTING, DIGITAL PRINTING AND COPYING SERVICES AND PRODUCTION OF DIGITAL MEDIA FOR EUROJUST Issued by Eurojust The Hague The Netherlands 2012/EJ/81 1

2 TABLE OF CONTENTS SECTION A - INTRODUCTION A.1. What is Eurojust? 4 A.2. What is Procurement? 5 A.3. Important note 5 SECTION B - SPECIFIC INFORMATION ON THE PROCUREMENT PROCEDURE B.1. Scope of Work 7 B.1.1. Background information 7 B.1.2. Requirements 7 B.1.3. Variants to the requirements 12 B.1.4. Division into lots 12 B.2. Contract 12 B.2.1. Type of contract and duration 12 B.2.2. Contract implementation 12 B.2.3. Contract Prices 13 B.2.4. Other requirements - Information on the contract 13 B.2.5. Important note 13 B.3. Your technical proposal 13 B.3.1. Technical Proposal Form (Annex A) 13 B.3.2. How to prepare your technical proposal? 14 B.4. Your financial proposal 14 B.4.1. Pricing Form (Annex B) 14 B.4.2. How to prepare your financial proposal? 14 B.4.3. Important notes 14 B.5. Tenderer's eligibility and capacity: exclusion and selection criteria 15 B.5.1. Eligibility to tender: exclusion criteria 15 B.5.2. Capacity: selection criteria 16 B.5.3. Important note 17 B.6. Award criteria 18 B.7. Timetable 19 SECTION C - INSTRUCTIONS ON HOW TO TENDER C.1. Contents of your tender 21 C.1.1. Important note 21 C.2. Language of your tender 22 C.3. How to package your tender? 22 C.4. How to dispatch your tender? 23 C.4.1. Important note: Proof of dispatch 23 C.5. Contacts between Eurojust and tenderers 24 C.5.1. Before the deadline for dispatching tenders 24 C.5.2. After the deadline for dispatching tenders 25 C.6. Can a consortium submit a tender? Is subcontracting allowed? 25 SECTION D - HOW WILL TENDERS BE EVALUATED? D.1. Public Opening Session 25 D.1.1. Formal opening requirements 25 D.1.2. Modalities to attend the public opening session 26 D.2. Tender Evaluation Session 26 SECTION E - JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS E.1. Joint offers submitted by consortia 27 E.1.1. Introduction 27 E.1.2. Documentation/ information to be provided 27 E.1.3. Evaluation 27 E.1.4. Contract implementation 28 E.2. Subcontracting 29 E.2.1. Introduction 29 E.2.2. Documentation/information to be provided 29 E.2.3. Evaluation 29 E.2.4. Contract implementation /EJ/81 2

3 SECTION F - SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION 30 ANNEXES: Annex A - Technical Proposal Form Annex B Financial Proposal Form (Pricing Form) Annex C - Model Contract Annex D - Declaration on Honour Template Annex E - Financial Capacity Form Annex F - Administrative Data Form Annex G - Check list [to be checked BEFORE dispatching your tender] Annex H - Receipt to be used in case of hand delivery of tender Annex I - Model Letter of Intent for Subcontractor(s) Annex J - Statement on the Acceptance on Eurojust s Model Contract Annex K - Financial Identification Form and Legal Entity Forms 2012/EJ/81 3

4 SECTION A - INTRODUCTION A.1. WHAT IS EUROJUST? Eurojust was established in Its mission is to support and strengthen coordination and cooperation between national authorities in fighting serious cross-border crime that affects the European Union. Each of the 27 Member States seconds a senior representative to work at Eurojust in The Hague. These representatives are experienced prosecutors, judges or police officers of equivalent competence. Between them, they carry out Eurojust s mandate to coordinate national authorities at every stage of criminal investigation and prosecution. They also resolve the challenges and practical problems arising from the differences between the legal systems of the Member States. National Members are supported by Deputies, Assistants and Seconded National Experts. Where Eurojust has a cooperation agreement with a third State, Liaison Magistrates from that third State may work at Eurojust. Currently, liaison Magistrates from Croatia, Norway and the USA are attached to Eurojust. Recent EU legislation also provides that Eurojust may post Liaison Magistrates to third States. Eurojust is also home to the secretariats of the European Judicial Network, the Network of contact points for genocide, crimes against humanity and war crimes, and the Network for Joint Investigation Teams. Eurojust deals with roughly 1400 cases per year. It also holds approximately 140 coordination meetings per year. These meetings bring together national judicial, investigatory and prosecuting authorities from Member States and, where appropriate, third States. At these meetings, casework issues are resolved and plans for operational actions such simultaneous arrests and searches are developed. ORGANISATION AND STRUCTURE The College is supported in its day-to-day activities by an administrative organisation composed of several units: Budget, Finance & Procurement, Corporate Services, Human Resources, Information Management, the Legal Service, the Case Analysis Unit, the Secretariat of the European Judicial Network (EJN), the Joint Investigation Teams Network Secretariat (JITS) and the Genocide Network Secretariat. In addition, three dedicated services support the College: Data Protection, Press & PR, and the College Secretariat. In the near future, Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The expected number of postholders in Eurojust for 2012 will be approximately 250. Further information on Eurojust s activities is available on its website at the address /EJ/81 4

5 A.2. WHAT IS PROCUREMENT? Procurement covers public contracts as well as procurement procedures. Public contracts are defined as purchases by a public authority of a service, goods or works. A procurement procedure is the structured way that leads to the conclusion of a public contract. The purpose is: (i) to guarantee the widest possible participation of economic operators (referred to as tenderers ), (ii) to ensure the transparency of operations, and (iii) to obtain the desired quality of services, supplies and works at the best possible price. Offers submitted in the context of a procurement procedure are designated tenders. An economic operator who has submitted a tender is designated a tenderer. Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) and their Implementing Rules (Commission Regulation 2342/2002). Please note that the Financial Regulations and their Implementing Rules took over the provisions of Directive 2004/18/EC. A.3. IMPORTANT NOTE Confidentiality The tenderer, whether or not its tender is accepted, and all other recipients of the documents comprising these Tender Specifications, whether or not they submit a tender, shall treat the details of these documents as private and confidential and shall not disclose the details to any party. All documents submitted by the tenderer shall automatically become the property of Eurojust and are deemed confidential. Protection of personal data Personal data are processed in accordance with the requirements of the rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No C 68 of , p. 1. (available on the Eurojust website, at the address Central Exclusion Database (CED): The tenderers should be aware that the CED will be consulted. The tenderers and, if they are legal entities, persons who have powers of representation, decision-making or control over them, are informed that, should they be in one of the situations mentioned in: - the Commission Regulation of on the Central Exclusion Database- CED (OJ L, 344, , p. 12), their personal details (name, given name if natural person, address, legal form and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the CED, and communicated to the persons and entities listed in the above-mentioned Regulation, in relation to the award or execution of a procurement contract or grant agreement or decision. 2012/EJ/81 5

6 Disclaimer Eurojust reserves the right to accept or reject any tender and to annul the process and reject all tenders at any time prior to the contract signature, without thereby incurring any liability to the affected economic operators. Eurojust will not be responsible for, or pay for, expenses or losses that may be incurred by the tenderer in the preparation of its tender and/or during the tender evaluation period. Where these Tender Specifications refer to tenderer it shall be considered as contractor after signature of the contracts. 2012/EJ/81 6

7 SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE B.1. SCOPE OF WORK The scope of this procurement procedure is the provision of design, layout, production and offset printing, digital printing and copying services and production of digital media (in all its present and future forms) for Eurojust. B.1.1. BACKGROUND INFORMATION In order to publicise its activities, to provide suitable public information to third parties and to comply with its reporting requirements, Eurojust produces different types of publications and paper-based materials bearing the Eurojust logo (e.g. annual reports, pamphlets, brochures, business cards, booklets, manuals, newsletters, etc.). Eurojust publishes several external publications targeted to different specific or large audience groups. However, in addition to the external publications, Eurojust prepares a range of internal documents (manuals, etc.) for the use of its staff. Most of these documents are published on Eurojust's intranet; however, on certain occasions, they might also be printed. In addition, Eurojust creates a range of communication products for different events it organises alone or with other EU institutions and bodies. The purpose and the subject of this procurement procedure is the provision of graphic design, layout, production and offset printing services, and production of digital media (in all its present and future forms), digital printing services, copying services, finishing services and other services related to printed materials as specified in Section B.1.2. of these Tender Specifications. Several examples of the above-mentioned printed materials can be found on Eurojust s website: As the result of this procurement procedure, Eurojust wishes to conclude a framework contract with one supplier, who shall be able to provide Eurojust with the abovementioned services for the publications, which are listed in Section B.1.2. of these Tender Specifications. However, under this framework contract, Eurojust may request the production of other printed materials and digital media not specifically mentioned in the Tender Specifications. For that reason, when necessary, Eurojust will request the relevant services in accordance with the contractual provisions. The envisioned maximum duration of the resulting framework contract will be four (4) years as described in Section B.2.1. of these Tender Specifications. B.1.2. REQUIREMENTS The tenderer shall be able to provide Eurojust with graphic design, layout (involving the processing and layout of texts, graphics and photos), production and offset printing services (involving high-quality offset printing in all official languages of the European 2012/EJ/81 7

8 Union 1 ), and production of digital media (of all types, e.g., compact discs (CD), flash memory cards, etc.), digital printing services, copying services, finishing services and other services (e.g., binding services, delivery, contact, etc.) related, but not limited to the following publications and printed materials: Eurojust Annual Report, published each year in all the official languages of the European Union (approximately copies per year); Eurojust pamphlet addressed to the general public (approximately copies per year); Eurojust business cards (approximately 100 sets per year); simple brochures and booklets (approximately copies per year); manuals (approximately 500 copies per year); newsletters (approximately copies per year); seminar documents, lectures and presentation materials produced by members of the College and/or of the administration during events addressed to international audiences, EU bodies and institutions (approximately 500 copies per year); reports of visits by members of the national judicial authorities to Eurojust (approximately 100 copies per year); research reports and academic papers (approximately 100 copies per year); general stationery, such as compliment slips, letterhead paper and matching envelopes (approximately copies of each type per year); any other printed material requested by Eurojust; CD-ROMs; and mobile media applications, etc. The above list of publications has been provided by way of example and is not exhaustive. Amounts of copies given are estimates only and are not legally binding obligations. Eurojust may also request the production of other printed materials not specifically mentioned in the Tender Specifications. MANDATORY SERVICES AND RELATED REQUIREMENTS Graphic design and layout services For the execution of all orders under the framework contract, the tenderer shall offer advice and creative solutions regarding the development and implementation of graphic concepts according to Eurojust s corporate identity, in line with Eurojust s visual identity, as instructed by the Eurojust Head of Press & PR Service or his representative. In addition, the tenderer shall observe the coherence and consistency of Eurojust publications and printed materials. Eurojust will need graphic design and layout services to improve the presentation of its documents. For this purpose, the tenderer shall be able to provide graphic design and layout of documents with photographs, artwork and special fonts and basic processing and layout of texts, graphics and photographs on a tight and demanding schedule. The 1 Bulgarian, [Croatian,] Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish, Swedish 2012/EJ/81 8

9 tenderer will be requested to carry out both basic and complex changes to existing printed materials, and to prepare the design and layout of new documents. As an example, the style and layout of the latest Eurojust Annual Report can serve as an example; however, new photographs and new text in all official languages of the European Union will be incorporated in the present framework layout. As another example, the existing layout/design of Eurojust s business cards will be continued for the foreseeable future. The tenderer must be able to receive, transmit and access materials through a dedicated FTP server. Master documents will be delivered by Eurojust to the tenderer in an appropriate format. For every document, in each language version to be produced, the tenderer shall provide proof prints and organise two to three correction rounds, depending on the content and language of the document. Ability to rapidly respond to the changes requested by Eurojust is essential. The layout services provided by the tenderer shall be able to support work in Adobe Acrobat or equivalent format in order to deliver PDF files to Eurojust for their placement on the Eurojust website. Production and printing services Once a layout has been agreed upon and satisfactory proof prints signed by Eurojust, the tenderer shall prepare the documents for printing in digital and/or in offset in five colours, and finishing. By way of example, the tenderer may request in writing a hard copy of the Eurojust Annual Report of the previous year. Such request shall indicate the tender reference number and title and shall be sent by mail, fax or to: Eurojust - Procurement Office PO Box 16183, Netherlands Fax: procurement@eurojust.europa.eu The request shall be sent to Eurojust no later than the deadline for sending requests for additional clarifications indicated in Section B.7. An English language version of the Eurojust Annual Report will be sent to the tenderer by regular post. The Eurojust Annual Report contains approximately 100 pages. Eurojust will require an average of 500 copies for each linguistic version; some languages (e.g., English) will require more copies, while other languages will require fewer copies. In addition, the tenderer shall be able to produce and print different kind of brochures, manuals, newsletters etc. in accordance with the instructions specified by the Eurojust Head of Press & PR Service or his representative. According to Eurojust requirements, the tenderer shall be able to produce and print also the following stationery: letterhead paper (including watermarks), matching envelopes (different sizes) with windows and Eurojust logo, plain paper with watermark, compliment slips etc. If the tenderer does not have in-house printing facilities at its disposal, the tenderer may subcontract the production/offset printing tasks to other economic operators, in compliance with the terms and conditions for subcontracting specified in Section E.2. of 2012/EJ/81 9

10 these Tender Specifications. In that case, the tenderer shall provide the information and documentation listed in Section E.2.2. Production of digital media The tenderer shall be able to ensure the production of digital media, i.e. the process in which digital files are created, enhanced, encoded, and distributed using numerous methods of processing via computer hardware and software applications. These files represent assorted media types, including audio, video, graphic, and written content. Thus, once a layout has been agreed upon and signed by Eurojust, the tenderer shall be able to provide all the above-mentioned publications and printed materials in the requested types of digital media, e.g. compact discs (CD), flash memory cards, etc., including all its present and future forms. When requested by Eurojust, the tenderer must provide the required number of relevant digital media items with the appropriate information to Eurojust in line with Eurojust s visual identity, as instructed by the Eurojust Head of Press & PR Service or his representative. If the tenderer does not have in-house resources for the production of digital media, the tenderer may subcontract the production tasks to other economic operators, in compliance with the terms and conditions for subcontracting specified in Section E.2. of these Tender Specifications. In that case, the tenderer shall provide the information and documentation listed in Section E.2.2. of these Tender Specifications. Digital printing and copying services The tenderer shall provide digital printing and copying services for printed materials (e.g. brochures, booklets, business cards, etc.) in black and white and in colour. The digital printing and copying in black and white and in colour shall be made in short runs. The tenderer shall be able to meet Eurojust s requests for general printing/copying services on demand without any setup time (i.e. to be delivered the same day or, at the latest, the day following the request). Eurojust expects tight turnarounds on all its printing and copying jobs where turnaround is measured from delivery of specifications to delivery of a finalised printing and copying job. During the execution of the contract, the tenderer shall meet all productivity as well as turnaround timeframes established by Eurojust. All work will be based on the directions and instructions provided by the Eurojust Head of Press & PR Service or his representative. All print material must meet Eurojust s quality standards which include, but are not limited to, colour and font matching, clear and legible proofs. In addition, digital printing features must include, but are not limited to, high-quality prints (image resolution of 600dpi), large and small volume cost-effective printing, A4 and A5 sizes and single- and double-sided prints, such as business cards. The size of the documents will vary. Text is normally combined with graphs and tables together with other illustrated materials, such as maps and photographs. The original document will be digitally provided to the tenderer by Eurojust in an appropriate format. 2012/EJ/81 10

11 Finishing services The tenderer shall provide finishing services, such as binding and collating, holepunching, cutting and folding: e.g. digital collating, comb, thermal, Wiro binding techniques, online stapling, etc. The tenderer shall be able to provide and execute binding with the most appropriate technical solution, which will be agreed on a case-by-case basis. Delivery services The tenderer shall deliver the documents to Eurojust s premises in The Hague (NL) in the agreed time. The tenderer shall be able to follow up the transport and to inform Eurojust of the delivery status. The truck for making large deliveries shall be equipped with a lowering apron suitable for unloading pallets without removing the boxes individually. The tenderer will retain responsibility for the publications and printed materials until they are successfully delivered to the Eurojust premises. All delivery costs shall be included in the quoted price. Communication and customer policy The tenderer shall be able to communicate with Eurojust in English. The tenderer shall appoint an Account Manager, who will interact with the Eurojust Head of Press & PR Service or his representative. The tenderer s contact person will be the single contact point for all communications with Eurojust relating to the services provided: s/he will follow up and discuss the work on production and related services. The Account Manager shall guarantee efficient and on-demand response to Eurojust s requests for meetings and contacts. Please note that the tenderer shall be able to provide ALL the abovementioned mandatory services. The tenderer shall include a clear and comprehensive description of the proposed services in the Technical Proposal Form (Annex A). Tenders that do not cover all services in accordance with the requirements shall be rejected. The tenderer s ability to provide the services (a description in the Technical Proposal Form (Annex A)) will be evaluated in conformity with the Award Criteria (Section B.6.). OPTIONAL ADDITIONAL SERVICES The tenderer may be asked to perform ad-hoc services/tasks such as printing in nonstandard format, on special types of paper, etc. In addition, the tenderer may be asked to provide production of different kind of digital media. Therefore, if applicable, the tenderer shall specify the proposed optional additional services, including possible multimedia or digital applications, such as mobile telephone or tablet computer applications, interactive CD-ROMs, etc. 2012/EJ/81 11

12 If applicable, the tenderer shall describe the proposed optional additional services in the Technical Proposal Form (Annex A). The proposed optional additional services, if any, will be taken into consideration during the evaluation in conformity with the Award Criteria (Section B.6.). The tenderer shall provide Eurojust with a price catalogue for optional additional services. This price catalogue shall reflect all prices for the optional additional services that the tenderer foresees for the proper implementation of the framework contract. B.1.3. VARIANTS TO THE REQUIREMENTS Variants to the requirements as contained in Sections B.1.1 and B.1.2 of these Tender Specifications are not allowed. B.1.4. DIVISION INTO LOTS This procurement procedure is not divided into lots. The tenderer must be able to provide all services requested. B.2. CONTRACT B.2.1. TYPE OF CONTRACT AND DURATION Eurojust proposes to award a framework contract for a duration of one (1) year. The contract may be automatically extended up to a maximum of three (3) times, each time for a maximum period of twelve (12) months, unless written notification to the contrary is sent by one of the contracting parties at least three (3) months before expiry of the contract. The contract shall be extended under the same terms and conditions. In any case, extension does not imply any modification or deferment of existing obligations. Eurojust may, during the three (3) years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice for additional contracts involving services similar to those assigned to the party awarded this contract by the same contracting authority. B.2.2. CONTRACT IMPLEMENTATION The framework contract will be implemented through quotations per order and Eurojust purchase orders. Although Eurojust intends to request services from the successful tenderer, the framework contract does not confer on the successful tenderer any exclusive right to provide the services specified in these Tender Specifications, and it does not impose any obligation on Eurojust to request such services. 2012/EJ/81 12

13 B.2.3. CONTRACT PRICES Prices for the provision of the services listed in the technical proposal of the successful tenderer shall be as indicated in its financial proposal, drawn up according to the Pricing Form (Annex B) and the instructions provided in Section B.4. Once the contract has entered into force, the prices indicated in the financial proposal of the successful tenderer may be revised under the conditions laid down in the contract. B.2.4. OTHER REQUIREMENTS INFORMATION ON THE CONTRACT Invoices must be provided separately for each Eurojust purchase order, with a clear specification of the services provided. B.2.5. IMPORTANT NOTE The very fact of submitting a tender in response to this call for tenders implies that you: - Accept all terms and conditions as stipulated in these Tender Specifications and their annexes (including the Model Contract Annex C); - Waive your own terms of business. The tenderers are requested to insert in their tenders a written statement of acceptance of the model contract (Annex J). Eurojust reserves the right to decline without further comment any tender that does not accept its model contract. In case the (potential) tenderers would like to raise objections or ask questions about the Tender Specifications and their annexes, they should comply with the procedure indicated in Section C below. B.3. YOUR TECHNICAL PROPOSAL Your technical proposal should consist of a clear and comprehensive response to ALL requirements, as specified in Section B.1. [Scope of Work]. Your technical proposal shall be based on the Technical Proposal Form, which can be found in Annex A. B.3.1. TECHNICAL PROPOSAL FORM (ANNEX A) The Technical Proposal Form (Annex A) is composed of the following parts: A clear and comprehensive response to mandatory services, as specified in Section B.1.2. [Requirements] - Annex A (Section 1); A description of optional additional services (if any), as specified in Section B.1.2. [Requirements] - Annex A (Section 2); and 2012/EJ/81 13

14 Samples of the following products: stationery, brochures, reports and business cards in both offset and digital prints as well as CD-ROMs in conformity with the requirements specified in Annex A (Section 3). B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL? The Technical Proposal Form must be filled in according to the instructions contained in Annex A of the Tender Specifications. While preparing your technical proposal, you shall bear in mind: the requirements specified in Section B.1.2; and the award criteria indicated in Section B.6. Each page of the Technical Proposal shall be signed by a legal representative of the tenderer. B.4. YOUR FINANCIAL PROPOSAL Your financial proposal shall be based on the Pricing Form, which can be found in Annex B. B.4.1. PRICING FORM (ANNEX B) The Pricing Form is composed of the following parts: Annex B Part I price list for the requested mandatory services; Annex B Part II price offer for evaluation purposes; and Price catalogue for optional additional services (if any) in accordance with Section B.1.2. [Requirements]. B.4.2. HOW TO PREPARE YOUR FINANCIAL PROPOSAL? The Pricing Form must be filled in according to the instructions contained in Annex B. While preparing your financial proposal, you shall bear in mind: the award criteria indicated in Section B.6; the important notes specified in Section B.4.3 below. Each page of the Pricing Form shall be signed by a legal representative of the tenderer. B.4.3. IMPORTANT NOTES You shall note that: Financial proposals will be compared on the basis of the hypothetical price offer, which is offered in Part II of the Pricing Form (Annex B). The offered prices provided in the financial proposal (Price List - Part I of the Pricing Form (Annex B)) will be considered as future reference for contract prices. 2012/EJ/81 14

15 Charges not already included in your financial proposal will not be allowed in future quotations; therefore, you must be as complete as possible in describing your price structure. Prices for optional additional services will not be taken into account in the evaluation of the tenderer s financial proposals. The tenderer shall provide Eurojust with a price catalogue of relevant optional additional services, which may be drawn up according to the Pricing Form (Annex B). All prices must be quoted in euros, and, where necessary, using the conversion rates published in the C series of the Official Journal of the European Union on the day when the offer is issued. This information is also available on the website of the European Central Bank at the following address: Your financial proposal shall exclude all duties, taxes and other charges (including VAT), as Eurojust is exempt from such charges. For tenderers to which the exemption does not apply under their national law, the financial proposal shall clearly state the prices exclusive of taxes, together with the corresponding tax. B.5. TENDERER S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA Tenderers shall be excluded from 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; or (f) they are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation (Council Regulation no 1605/2002). In addition, a contract shall not be awarded to tenderers that, during the procurement procedure for this contract: 2012/EJ/81 15

16 are subject to a conflict of interest; are guilty of misrepresentation in supplying the information required by Eurojust as a condition of participation in the procurement procedure or fail to supply this information; or find themselves in one of the situations of exclusion referred to in Article 93(1) of the Financial Regulation (Council Regulation 1605/2002) for this procurement procedure. Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or Eurojust during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of its tender and may result in administrative penalties. Document to be provided: You shall provide - in original - a declaration on honour drawn up according to the template found in Annex D, dated and duly signed by the legal representative of the tenderer. B.5.2. CAPACITY: SELECTION CRITERIA You - as the tenderer - must have the overall capabilities (technical / professional, economic / financial, legal) to perform the contract. If one of the selection criteria listed below is not fulfilled, your tender may not be further evaluated. B.5.2.a. TECHNICAL AND PROFESSIONAL CAPACITY Selection criteria: You, as the tenderer, must prove that you have a minimum experience of at least three (3) years in providing the services as stated in these Tender Specifications and your professional capacity should be appropriate to the required services. Documents to be provided: a brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications; a list of the main contracts signed within the past three (3) years specifying the value, dates and recipients of the services provided, covering the same kind and quantity as requested in these Tender Specifications; a list of the necessary technical equipment (software, printing, etc.) available to the tenderer to execute the services required in the Tender Specifications; and copy(ies) of quality certification(s) awarded by official organisations to the tenderer, which is(are) relevant to the provision of the services of the type required in the Tender Specifications. Important Note: By submitting a tender, each service provider involved therein accepts the possibility of a check being carried out by Eurojust of its technical capacities and, if necessary, of its quality control measures. 2012/EJ/81 16

17 B.5.2.b. ECONOMIC AND FINANCIAL CAPACITY Selection criteria: You, as the tenderer, must prove that you are in a stable financial position and you have the financial capacity to provide the required services. Documents to be provided: Copies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two financial years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country in which the economic operator is established; The Financial Capacity Form (Annex E) duly filled in and signed by a legal representative of the tenderer or its auditors; If the tenderer is not able to provide the foregoing documents at the tender stage, e.g. if publication of these is not required under the company law of the country in which the economic operator is established, etc., other documentation proving the tenderer s stable financial position may be acceptable. Such other proof may be a letter/statement by certified auditors confirming the required financial data or the financial stability of the respective economic operator. B.5.2.c. LEGAL CAPACITY Selection criteria: You, as the tenderer, must prove that you are authorised to perform the contract under national law. Documents to be provided: a certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership in a specific organisation, express authorisation, or entry in the VAT register. B.5.3. IMPORTANT NOTE The abovementioned documentation concerning exclusion and selection criteria (Sections B.5.1 and B.5.2) must specifically relate to the tenderer, i.e. to the company submitting a tender in the framework of this procurement procedure. In case of a joint offer submitted by a consortium, the tenderer shall provide the information and documentation listed in Section E.1.2, in compliance with the terms and conditions specified in Section E.1. In case of subcontracting, the tenderer shall provide the information and documentation listed in Section E.2.2, in compliance with the terms and conditions specified in Section E /EJ/81 17

18 B.6. AWARD CRITERIA Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on the grounds of selection criteria, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender. The following award criteria will be applied: Qualitative award criteria Quality of samples, i.e., whether the samples provided by the tenderer comply with the requirements stipulated in the Tender Specifications (see Annex A). Organisation of work, i.e., how the tender will organise its work in order to meet all requirements of the mandatory services as described in Section B.1. of these Tender Specifications: - Graphic design and layout services - Production and printing services - Production of digital media - Digital printing and copying services - Finishing services. Maximum points Delivery services, i.e., timetables for the production and delivery, which are needed to deliver products to Eurojust, flexibility and the ability to provide immediate services; the tenderer`s standard packing and shipping methods and organisation of work for delivery in order to meet the mandatory requirements as described in Section B.1. of these Tender Specifications. Communication and customer policy, i.e., the customer liaison arrangements, which will be applied in order to communicate with Eurojust, the established measures and the process to ensure that the communication flow between Eurojust and the Account Manager is not interrupted, ad-hoc requests are addressed and possible short-notice tasks or small print runs are fulfilled. Optional additional services, i.e., what kind of additional services are proposed by the tenderer; how useful and relevant they are in compliance with Section B.1. of these Tender Specifications Total number of points: 100 Tenderers scoring less than 50% in the overall points total or less than 50% in the points awarded for a single quality sub-criterion will be excluded from the rest of the assessment procedure. 2012/EJ/81 18

19 Price award criterion The total price will be calculated on the basis of the total price indicated in the financial proposal (Price Offer - Part II of the Pricing Form (Annex B)). The contract will be awarded to the tender that is the most cost-effective (offers the best value for money) on the basis of the ratio between the total points scored for quality and the total price. Final evaluation Quality points/price = Final score The Final Score will be then multiplied by for better visualisation of the results. B.7. TIMETABLE Milestone Deadline (*) Notes Deadline for sending requests for additional clarifications Deadline for dispatching tenders Deadline for registering at the public opening session 24/07/2012 at CET 07/08/2012 at CET 10/08/2012 at CET Public opening session 14/08/2012 First meeting of the evaluation committee Notification of the outcome of the procurement procedure to the successful and unsuccessful tenderers at CET Within 4 weeks following the public opening session Within 1 week after the award decision is signed The modalities for sending requests for additional clarifications are specified in Section C.5. The modalities for preparing and dispatching tenders are specified in Sections C.1, C.2, C.3 and C.4. The modalities for attending and registering for the public opening session are specified in Section D.1. The public opening session will take place at Eurojust s premises, Saturnustraat 9, 2516 AD, The Hague (NL). Estimated Estimated 2012/EJ/81 19

20 Milestone Deadline (*) Notes Signature of the contract for the required services 4 th quarter of 2012 Estimated (*) Deadline: All times are expressed in local time in the Netherlands 2012/EJ/81 20

21 SECTION C INSTRUCTIONS ON HOW TO TENDER C.1. CONTENTS OF YOUR TENDER Tenders shall comprise the following three elements: (i) (ii) (iii) Information and documentation about the tenderer s eligibility and capacity (Envelope A), including: Declaration on the tenderer s eligibility to tender as specified in Section B.5.1, using the template found in Annex D, in original; All documentation on the tenderer s capacity as specified in Section B.5.2 included the form found in Annex E. Copies of original certificates/documents issued by an official authority in the country of origin or provenance may be accepted. Written statement on the tenderer s acceptance of the Eurojust s model contract (Annex J) without any reservations; The tenderer s administrative data form found in Annex F to be filled in; The tenderer s Financial Identification Form and Legal Entity Form using the templates found in Annex K to be filled in (with all required attachments), in original; If applicable, information and documentation on members of consortia and subcontractors as specified in Section E. Technical proposal (Envelope B), prepared following the indications found in Section B.3 and based on the form found in Annex A. Financial proposal (Envelope C), prepared following the indications found in Section B.4 and based on the form found in Annex B. To ensure that all documentation required for this procurement procedure is provided, a checklist is annexed to these Tender Specifications as Annex G. C.1.1. IMPORTANT NOTE Tenders shall be submitted strictly in accordance with the conditions set out in these Tender Specifications (including the annexes). If any other conditions are attached to or referred to in the tenderer s tender, the tenderer should declare that such conditions are entirely withdrawn. The period of validity of the tender, during which the tenderer may not modify the terms of the tender in any respect, must be at least five months following the deadline for dispatching tenders. The successful tenderer must maintain its offer for a further four months from the date of the written notification of Eurojust s intention to award it the contract. Eurojust reserves the right to decline without further comment any proposal that does not accept its model contract. 2012/EJ/81 21

22 C.2. LANGUAGE OF YOUR TENDER Tenders must be submitted in one of the official languages of the European Union. Since Eurojust s working language is English, Eurojust would highly appreciate to receive tenders written in English. C.3. HOW TO PACKAGE YOUR TENDER? Tenders must be submitted using the double envelope 2 system i.e. one outer envelope and three inner envelopes - in order to guarantee the confidentiality and integrity of data. The outer envelope shall be sealed with adhesive tape, signed across the seal and carry the following information: TENDER FOR EUROJUST Tender Ref. No. 2012/EJ/81 Tender Title: PROVISION OF DESIGN, LAYOUT, PRODUCTION AND OFFSET PRINTING, DIGITAL PRINTING AND COPYING SERVICES AND PRODUCTION OF DIGITAL MEDIA FOR EUROJUST TENDER NOT TO BE OPENED BY THE INTERNAL MAIL DEPARTMENT Name of the Tenderer: Address of the Tenderer: The three innermost envelopes shall be composed of: Envelope A. Eligibility and capacity, containing one original (clearly marked as `Original ) and three copies (each marked as `Copy ) of the supporting information and documentation related to the tenderer s eligibility and capacity, as described in Section C.1. Envelope B. Technical Proposal, containing one original (signed as indicated in Section B.3.2 and clearly marked as `Original`) and three copies (each marked as `Copy`) of the technical proposal, prepared following the indications found in Section B.3 and based on the Technical Proposal Form found in Annex A. Envelope C. Financial Proposal, containing one original (signed as indicated in Section B.4.2 and clearly marked as `Original ) and three copies (each marked as `Copy ) of the financial proposal, prepared following the indications found in Section B.4 and based on the Pricing Form found in Annex B. 2 Appropriate packages may be used (e.g. boxes) if necessary 2012/EJ/81 22

23 C.4. HOW TO DISPATCH YOUR TENDER? The tenderer shall dispatch its tender not later than the date and time indicated in Section B.7. The tenderer may choose to dispatch its tender by registered mail, courier service or hand delivery, to the following addresses: By registered mail to: Eurojust - Procurement Office PO Box 16183, Netherlands By hand delivery or courier service to: Eurojust - Procurement Office Maanweg 174 (Mail reception at Regulusweg Post 6) AB The Hague Netherlands Tenders sent by other means (e.g. by or fax) or dispatched later than the deadline indicated in Section B.7 will be rejected. N.B. The tenderer shall note that in case of tenders dispatched through registered mail or courier service, if the proof of dispatch is duly provided to Eurojust as explained in Section C.4.1.a below, tenders will be accepted even if due to unexpected delays they arrive after the date of the opening session. If no proof of dispatch is provided to Eurojust AND the tenders arrive after the opening session takes place, tenders will be rejected. C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH C.4.1.a. REGISTERED MAIL AND COURIER SERVICE The tenderer shall dispatch its tender to the postal or courier service by the deadline indicated in Section B.7 at the latest. As a proof of dispatch, date and time of dispatch shall be clearly indicated in the outer envelope of the tender. In addition, the tenderer shall obtain a receipt of delivery issued by the postal or courier service clearly indicating the date and time of dispatch. By the deadline indicated in Section B.7, the tenderer must send a copy of this receipt to Eurojust by (procurement@eurojust.europa.eu) or by fax ( ), specifying the title and reference number of this procurement procedure, together with the name, e- mail address and telephone number of the tenderer. 3 Opening hours: from Monday to Friday from to 15.00, except on Eurojust official holidays (15 August; 1, 2 November; 24 to 31 December 2012). 4 Delivery of goods at delivery gate ( Afgifte goederen ) on Regulusweg. 2012/EJ/81 23

24 C.4.1.b. HAND DELIVERY The tenderer shall hand in its tender to the Eurojust official taking delivery by the deadline indicated in Section B.7 at the latest. As a proof of dispatch, the tenderer shall request a receipt, signed and dated by the Eurojust official taking delivery, clearly indicating the date and time when the Eurojust official took delivery of the tender. Please refer to Annex H. In order to ensure punctual hand delivery, the tenderer is strongly advised to take into account the time needed for security checks when entering the Eurojust building and for the actual handover of its tender to the Eurojust official in charge of taking delivery. Eurojust may not be held liable for any delays incurred by the tenderer when in Eurojust s premises; the tenderer alone is responsible for ensuring that its tender is delivered on time. C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS Contacts between Eurojust and the tenderer may only take place in exceptional circumstances, under the following conditions: C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS C REQUESTS FOR CLARIFICATIONS Should the tenderer discover any discrepancies in the Tender Specifications or be in any doubt as to their meaning, the tenderer should notify Eurojust. The tenderer may also request additional information and/or clarifications on the procurement procedure, the Tender Specifications or the nature of the contract. Such requests shall be made in writing only; no telephone queries will be accepted. The requests shall indicate the tender reference number and title, and shall be sent by , fax or mail to: Eurojust - Procurement Office PO Box 16183, The Netherlands Fax: procurement@eurojust.europa.eu All queries shall be sent to Eurojust no later than the deadline indicated in Section B.7. Tenderers shall note that Eurojust is not bound to reply to requests for additional clarifications made less than five (5) working days before the deadline for dispatching tenders. C AMENDMENT OF THE TENDER SPECIFICATIONS At any time prior to the deadline for dispatching tenders, Eurojust may modify the Tender Specifications by amendment. In order to allow tenderers reasonable time in which to take the amendment into account in preparing their tenders, Eurojust, at its discretion, may extend the deadline for dispatching tenders. 2012/EJ/81 24

25 N.B. The information concerning requests for clarifications and/or amendments of the Tender Specifications will be made available electronically on the Eurojust website ( no later than six (6) days before the deadline for dispatching tenders. Eurojust website will be updated regularly. It is the tenderer s responsibility to check for updates and modifications during the tendering period. Clarifications and/or amendments will be regarded as an integral part of the Tender Specifications. C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS If, after the deadline for dispatching tenders, a clarification is needed by Eurojust or if obvious clerical errors in the tender need to be corrected, Eurojust may contact the tenderer, although such contacts may not lead to any alterations of the terms of the submitted tender. C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED? Consortia of economic operators are authorised to submit tenders (joint offers) in compliance with the terms and conditions specified in Section E.1. The tenderer may subcontract the tasks specified in Section B.1 [Scope of Work] to other economic operators in compliance with the terms and conditions for subcontracting specified in Section E.2. SECTION D HOW WILL TENDERS BE EVALUATED? D.1. PUBLIC OPENING SESSION Tenders are opened by an opening board, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality. D.1.1. FORMAL OPENING REQUIREMENTS The main aim of the opening session is to check whether the tenders received are compliant with the following formal requirements: 1. the tender was not dispatched later than the dispatch deadline indicated in Section B.7, 2. the package containing the tender is sealed, in order to guarantee the confidentiality and integrity of data, 3. the tender contains information and documentation on the tenderer s eligibility and capacity (Envelope A), a technical proposal (Envelope B) and a financial proposal (Envelope C), as indicated in Section C.3, 2012/EJ/81 25