TENDER SPECIFICATIONS

Transcription

1 Ref. Ares(2017) /11/2017 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR TRADE Directorate A - Resources, Information and Policy Coordination Unit A5 - Transparency and Evaluation CALL FOR TENDERS N 2017/A5/01 Multiple framework contract with re-opening of competition for the provision of evaluation services to the European Commission in the field of Trade TENDER SPECIFICATIONS 1

2 TABLE OF CONTENTS 1. INFORMATION ON TENDERING Participation Contractual conditions Compliance with applicable law Joint tenders Subcontracting Structure and content of the tender for the framework contract Identification of the tenderer TECHNICAL SPECIFICATIONS Background information Scope Objective of the framework contract Nature of the contract Tasks Requirements Timing Budget Payment Contractual conditions FRAMEWORK CONTRACT IMPLEMENTATION THROUGH SPECIFIC CONTRACTS Request to submit an offer Offer Clarifications Evaluation of the offers The specific contract Steering and monitoring Reporting requirements Invoicing Conflict of interest Sub-standard performance EVALUATION AND AWARD OF THE FRAMEWORK CONTRACT Verification of non-exclusion Selection criteria Award criteria for the global framework contract Award criteria for specific contracts under the framework contract ANNEX 1: ANNEX 2: ANNEX 3: ANNEX 4: ANNEX 5: TENDER SUBMISSION FORM..30 QUOTATION FORM FOR FINANCIAL OFFER...37 MAXIMUM PER DIEM RATES..38 STATEMENT OF EXCLUSIVITY AND AVAILABILITY...44 DRAFT FRAMEWORK CONTRACT.45 2

3 1. INFORMATION ON TENDERING 1.1. Participation The European Commission is intending to conclude a framework contract (FWC) with reopening of competition for carrying out sustainability impact assessments (SIAs), and background studies which could feed into an impact assessment or an ex post or interim evaluation of trade or investment agreements. Participation in this procurement procedure is open on equal terms to all natural and legal persons coming within the scope of the Treaties, as well as to international organisations. It is also open to all natural and legal persons established in a third country which has a special agreement with the Union in the field of public procurement on the conditions laid down in that agreement. Where the plurilateral Agreement on Government Procurement 1 concluded within the World Trade Organisation applies, participation in this procedure is also open to all natural and legal persons established in the countries that have ratified this Agreement, subject to the conditions specified therein Contractual conditions The tenderer should bear in mind the provisions of the draft contract, which specifies the rights and obligations of the contractor, particularly those on payments, performance of the contract, confidentiality, and checks and audits Compliance with applicable law The tender must comply with applicable environmental, social and labour law obligations established by Union law, national legislation, collective agreements, or the international environmental, social and labour conventions listed in Annex X of Directive 2014/24/EU Joint tenders A joint tender is a situation where a tender is submitted by a group of economic operators (natural or legal persons). Joint tenders may include subcontractors in addition to the members of the group. In case of a joint tender, all members of the group assume joint and several liability towards the Contracting Authority for the performance of the contract as a whole, i.e. both financial and operational liability. Nevertheless, tenderers must designate one of the economic operators as a 1 2 See Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, , p. 65). 3

4 single point of contact (the leader) for the Contracting Authority for administrative and financial aspects, as well as operational management of the contract. After the award, the Contracting Authority will sign the contract either with all members of the group, or with the leader on behalf of all members of the group, authorised by the other members via powers of attorney Subcontracting o Sub-contracting of any aspect of the management and/or administration of the FWC is not authorised. o Individual assignments can be partly subcontracted on condition of prior approval by the Contracting Authority. When the offer clearly indicates the sub-contracting (the subcontracted services and the subcontractor must be identified), the Contracting Authority gives its authorisation by signing the specific contract. The contractor remains the sole party which is contractually liable. External experts working for the individual assignments are not considered as subcontractors Structure and content of the tender for the framework contract The tenders must be presented as follows: Part A: Identification of the tenderer (see section 1.7) Part B: Non-exclusion (see section 4.1) Part C: Selection (see section 4.2) Part D: Technical offer The technical offer must cover all aspects and tasks required in the technical specifications and provide all the information needed to apply the award criteria. Offers deviating from the requirements or not covering all requirements may be rejected on the basis of non-compliance with the tender specifications, and will not be evaluated. The technical offer should notably include descriptions of: the general approach to the objectives and scope setting out the tenderers' understanding of the tasks and services to be rendered; the proposed planning and organisation of the framework contract, including quality control measures; the range of methodologies and tools, the range of sources of data and the approaches to stakeholder consultation that could be used in the implementation of the specific contracts awarded under the framework contract; the proposed profiles of the experts, in particular the specific expertise and the range of skills at the disposal of the tenderer; the relevant local contacts and networks in EU countries and around the world, or capacity to establish them as necessary; all other relevant information related to the technical offer. 4

5 Part E: Financial offer The financial offer must contain the quotation form provided in Annex 2 of these terms of reference. The price for the tender must be quoted in euro. Tenderers from countries outside the euro zone have to quote their prices in euro. The price quoted may not be revised in line with exchange rate movements. It is for the tenderer to bear the risks or the benefits deriving from any variation. Prices must be quoted free of all duties, taxes and other charges, including VAT, as the European Union is exempt from such charges under Articles 3 and 4 of the Protocol on the privileges and immunities of the European Union. The amount of VAT may be shown separately. The quoted price must be a fixed amount which includes all charges (including travel and subsistence for the four meetings foreseen in no. 3.6 below). Other travel and subsistence expenses are refundable separately to be defined for each specific assignment Identification of the tenderer The tender must include the tender submission form (see annex 1) signed by an authorised representative presenting the name of the tenderer (including all entities in case of a joint tender), and the name of the single contact point (leader) in relation to this procedure. In case of a joint tender, the tender submission form must be signed either by an authorised representative for each member, or by the leader authorised by the other members by power of attorney. The signed powers of attorney must be included in the tender as well. Subcontractors that are identified in the tender must provide a letter of intent signed by an authorised representative, stating their willingness to provide the services presented in the tender and in line with the present tender specifications. All tenderers (including all members of the group in case of a joint tender) must provide a signed Legal Entity Form with its supporting evidence. The form is available on: Tenderers that are already registered in the Contracting Authority s accounting system (i.e. they have already been direct contractors) must provide the form but are not obliged to provide the supporting evidence. The tenderer (or the leader in case of joint tender) must provide a Financial Identification Form with its supporting documents. Only one form per tender should be submitted. No form is needed for subcontractors and other members of the group in case of a joint tender. The form is available on: The tenderer (and each member of the group in case of a joint tender) must declare whether it is a Small or Medium Size Enterprise in accordance with Commission Recommendation 2003/361/EC. This information is used for statistical purposes only. 5

6 The tenderers (or group in case of a joint tender) shall be capable of accessing the expertise required for carrying out the tasks listed in section 2.5. Each consortium shall be established in a way that the added value of each member is clear and demonstrated. Each consortium shall have a consortium leader in charge of the overall management of the FWC on behalf of the consortium (FWC contractor). The FWC contractor is the sole interlocutor for all contractual and financial aspects of the FWC and of the individual assignments and is the only formal contact point with the Contracting Authority. The FWC contractor is responsible for the invoicing as well as for the accuracy and submission of all documents and outputs. The FWC contractor shall ensure that all the members of the consortium are aware of and respect all contractual provisions and shall inform all members of any of the Contracting Authority's communication related to the implementation of the FWC. The FWC contractor is responsible for all administration in relation to the assignment such as establishing a contract with the experts/service providers, financial management, etc. The FWC contractor shall inform without delay the Contracting Authority of any change in administrative data (address, bank account, address for dispatch of requests for services, etc.). 2. TECHNICAL SPECIFICATIONS 2.1. Background information The European Commission's Directorate-General for Trade develops and implements the EU's trade policy in order to help secure prosperity, solidarity and security in Europe and around the globe. Trade policy must deliver growth, jobs, investment and innovation while seeking to improve conditions for citizens, consumers, workers and self-employed, small, medium and large enterprises, and the poorest in developing countries. It shall do so in line with the principles and objectives of the Union's external action, and with the external objectives of EU internal policies, as well as in consistency with the European social model and values. DG Trade is in charge of developing and implementing the common trade policy of the European Union in accordance with the objectives set out in Article 207 of the Treaty on the Functioning of the EU (TFEU). The common commercial policy as it is referred to in the Treaty is one of the exclusive competences of the European Union mandated to the European Commission in accordance with article 3 of the TFEU. Trade is a key component of the EU's strategy for jobs, growth and investment. The EU is the largest exporter and importer of goods and services in the world and is deeply embedded in global value chains. Small and medium-sized businesses play an important role with over 600,000 of them accounting for one third of total EU exports. EU exports provide jobs for 31 million Europeans, six million of them in small and medium-sized businesses. Overall, 1 in 7 jobs in the EU depends on exports. Imports are equally important. Opening up the EU economy to trade and investment is a major source of productivity gains and private investment. They bring ideas and innovation, new technologies and the best research. They benefit consumers, lowering prices and broadening choice. More generally, the development of global value chains underlines the interdependence between imports and exports. 6

7 EU trade policy aims to ensure an open international trading system based on rules and values. This will provide access to new markets for EU exports, while also helping to ensure EU firms' access to raw materials, components and services. This is vital in today's world of global value chains, where the value of most finished goods is created across several countries. Trade figures highly on the political agenda as reflected by President Juncker in his 2017 State of the Union address, where he called on the EU "to strengthen our European trade agenda" while stating that trade "is not something abstract. Trade is about jobs, creating new opportunities for Europe's businesses big and small." These commitments are also reflected in the Commission's most recent Communication on A balanced and progressive trade policy to harness globalisation which emphasises the contribution that global trade makes to a competitive and prosperous EU while recalling the need to proactively shape and manage global trade "to ensure it is fair, projects values and remains firmly anchored in a rules-based system". The Commission will continue to pursue an ambitious agenda. Doing so implies taking account of the intense public debate on trade policy as illustrated in particular by the challenging approval process for the Comprehensive Economic and Trade Agreement with Canada (CETA) as well as broader challenges posed by the ongoing negotiations with the UK under Article 50. At the same time, there is a continuing need for an active trade policy that can create new economic opportunities for European consumers, workers and entrepreneurs. The systematic use of impact assessments and ex post evaluations is a key element of the European Commission's commitment to better policy making. In May 2015 the Commission adopted the Better Regulation Agenda with the aim of enhancing transparency and scrutiny in EU decision making. Better Regulation sets the guiding principles, objectives, tools and procedures which should underpin the impact assessment and ex post evaluation of all EU policies (and not only regulations as the name could suggest). In the Trade for All Communication, the Commission reiterated its commitment to make every significant initiative in the field of trade policy subject of an impact assessment, to carry out sustainability impact assessments during the negotiation of major trade agreements, and to carry out ex post evaluations of agreements after they have been implemented. For more on EU trade policy see: Scope Studies to feed into an impact assessment The European Commission's impact assessment system was first established in 2002 and has undergone continuous strengthening over the years. Impact assessments are analytical reports which are prepared for Commission initiatives that are likely to have significant and clearly 7

8 identifiable economic, environmental or social impacts. Impact assessments are prepared by Commission services in accordance with the related Commission guidelines and tools 3. With respect to trade agreements, impact assessments accompany the recommendation by the Commission to the Council to open negotiations. They aim to provide answers to such questions as 'Is a trade negotiation the best course of action for our trade relations with partner X, Y, Z?', 'Which issues should be covered in the negotiations?', or 'What potential impacts could a trade agreement have?' Impact assessments are about gathering and analysing evidence to support decision-making. In this process, an impact assessment verifies the existence of a problem, identifies its underlying causes, assesses whether EU action is needed and analyses the advantages and disadvantages of available solutions and their impacts. On this basis, the impact assessment identifies the best course of action and accompanies the proposal when it is sent to other EU institutions, such as the European Parliament and the Council. While the impact assessment itself is prepared by Commission services, the framework contractor may be asked to provide a background study to feed into it Sustainability impact assessments (SIA) SIAs are specific to major trade negotiations. SIAs were first developed in 1999 and have been carried out for all major EU Trade negotiations ever since. They help to answer the question: 'How should we run these negotiations?' SIAs are independent studies taking place hand-in-hand with the negotiations. They complement impact assessments by allowing a more in-depth analysis of the potential economic, social, human rights and environmental impacts of the trade agreement under negotiation, as well as by facilitating a wider outreach to stakeholders in both the EU and partner countries. SIAs are prepared by the framework contractor Studies to feed into an ex post or interim evaluation After a trade agreement has entered into force, commitments have been phased in and sufficient time has passed to gather a robust body of data and evidence, an ex post evaluation is conducted to analyse the observed economic, social, human rights and environmental impacts. Evaluations are prepared by Commission services in accordance with the related Commission guidelines and tools For more details please visit the Better regulation webpage: For more details please visit the Better regulation webpage: 8

9 Ex post evaluations are Commission-wide tools that use evidence to assess whether a specific intervention was justified and whether it worked (or is working) as expected in achieving its objectives, and why. Ex post evaluations also look for unintended effects (i.e. those which were not anticipated at the time of the impact assessment or SIA) and look for evidence of causality. While the evaluation staff working document itself is prepared by Commission services, it usually draws on work conducted by an external contractor. For more information on the 3 key EU trade policy evaluation tools please see: Other studies There may also be other ad hoc studies requested under this framework contract as appropriate Objective of the framework contract The objective of the framework contract is to set up a framework for carrying out SIAs, and background studies which could feed into an impact assessment or an ex post or interim evaluation of trade or investment agreements. Apart from negotiations for, or existing, bilateral, plurilateral or multilateral trade or investment agreements, the framework contract is also intended to provide supporting studies for impact assessments or ex post or interim evaluations of the EU's unilateral preferential trade arrangements. In the subsequent parts of these global terms of reference, references to analyses or assessments of "trade or investment" agreements should be understood to cover analyses or assessments of these unilateral preferential trade arrangements as well Nature of the contract This contract is based on the system of multiple framework contracts with reopening of competition. One framework contract will be concluded on the same terms with several FWC contractors, up to a maximum of six contractors, setting out the general contractual terms (legal, financial, technical, administrative, etc.) which apply during their period of validity and which govern commercial relations between the Commission and the contractors. The draft framework contract is provided in Annex 5. Tenderers must declare their acceptance of it, and must take it into account in drawing up their tender. No guarantee can be given for the number of requests that will be issued, for the number of specific contracts that may be awarded to a given FWC contractor or for the total amount to be contracted under the FWC. 9

10 Procedure for specific contracts (brief description) 5 When the Commission wishes to contract services under this framework contract, it will send all contractors a request for services. The request will set out the terms of reference for the specific project, the deliverables to be provided, the maximum price including all expenses and the performance deadlines. Within 3 working days, the contractors shall acknowledge receipt of the request for services. At this time, the contractor should already indicate if he does not plan to submit a tender, in which case he should provide a brief explanation of the reason for not submitting a bid. Nevertheless, this does not prevent the contractor from re-evaluating his decision and submitting a tender, in which case he should inform the Commission of this as soon as possible. The FWC contractor will by default have 28 calendar days, counted from the date of the containing the request for services, to prepare and dispatch its offer to the address indicated in the request. Depending on the complexity of the assignment, the request may allow for a longer period of submission of offers, or a shorter period of submission of offers, which will be specified in the request for services. The budget per specific assignment's financial offer comprises in general of the staff costs (i.e. number of working days at the agreed fee rate), (if applicable 6 ) a participant fee per workshop and (if applicable 7 ) travel and subsistence costs. Please see also section 2.8. The fees must be based on price schedule defined in the quotation form for unit prices. The Commission will examine the proposals received and the specific contract will be awarded to the most economically advantageous tender, according to the 'best price-quality ratio' award method (in accordance with the criteria set out under section 4.4). Tenderers' attention is drawn to the fact that the framework contract does not constitute placement of an order but is merely designed to set the legal, financial, technical and administrative terms governing relations between the contracting parties during the validity of the contract. Orders can only be placed using the specific contract model contained in the model framework contract in Annex 5 to these terms of reference. For a detailed description of the implementation of the Framework Contract, see section For a more detailed description of the implementation of the framework contract, see section 3 of these tender specifications. If applicable according to the request for services for a specific assignment. If applicable according to the request for services for a specific assignment. 10

11 2.5. Tasks This section provides a broad overview of the type of tasks that may be required. All three types of studies include economic, social, human rights and environmental impact analyses and are based on quantitative and qualitative analysis and stakeholder consultation. However, the exact focus of the tasks and work to be carried out by the consultant will depend on the specific contract and will be further defined in the specific requests for services. It should therefore be noted that contractors do not systematically need upfront to supply experts to work on all areas mentioned hereunder. However, they should be able to access relevant expertise in order to bid for a specific request for services where said expertise would be needed. The specific requests for service may put different emphasis on different types of expertise, which implies that not all the work areas will be equally important in all requests for services. Below is an indicative list of analyses which may be expected. The contractor may also be asked to build its analysis, or parts of it, on results of previous studies approved by the Commission or on the quantitative analysis carried out by the Commission. It should also be borne in mind that some of the analyses may either be done with a forward looking perspective, looking at the potential impacts of a proposed, or currently negotiated, trade or investment agreement; or with a backward looking perspective looking at the actual effect of an existing trade or investment agreement. The assessments described below will have to be carried out for the EU 8, including the EU's outermost regions when relevant (attention should then be given, inter alia, to the impact of trade agreements on the outermost regions' sensitive products), the trade partner 9 and the rest of the world 10. Quantitative analyses will be complemented by qualitative analyses based on input from sectoral experts, existing studies, and stakeholder consultations. Economic, social and environmental and human rights assessments The list below provides an indication of the specific areas that a contractor may be asked to examine. Development of a baseline scenario (i.e. in the absence of the policy initiative) and analysis of the evolution of trade and investment between the EU and a trade partner. Identification of existing barriers especially non-tariff barriers (NTBs) to the flow of goods, services and investment between the EU and the trade partner; estimation of their magnitude or, when possible, quantification of their trade cost. Assessment of the extent to which these barriers could be or have been addressed The assessment of EU impact may be requested to be disaggregated at Member State level. Trade partner may mean one or several countries. Rest of the world may be divided into countries or groups of countries, including in particular Least Developed Countries. 11

12 Assessment of the impact of removing or reducing tariff and non-tariff barriers under different liberalisation and baseline scenarios, including aggregate results and detailed sectoral results. Identification of sectors, activities and groups which may gain or have gained, or may lose or have lost out as a result of a trade or investment agreement. Assessment of whether the trade and investment agreement had unintended or unexpected effects. Assessment of the regulatory changes undertaken/to be undertaken by the partners as a result of and in order to implement trade or investment agreements. Assessment of the capacity of the relevant administrations of the partners to apply and verify rules of origin issues. Assessment of the relationship between the entry into force of the provisions in a trade or investment agreement and the development of bilateral and overall trade and investment. Assessment of the budgetary impact on the EU (own resources) and on the partner country. Assessment of the administrative burden caused by a trade or investment agreement 11. Assessment of the impact of a trade or investment agreement on labour markets, social protection/ social security, employment, wages, and household income (welfare effect) at the level of the whole economy, and by sectors. Assessment of the impact of a trade or investment agreement on working conditions and the four pillars of the Decent Work Agenda 12 while also taking into account the relevant EU frameworks when looking at impacts in the EU and its Member States 13. Assessment of the impact of a trade or investment agreement on poverty reduction. Assessment of the impact of a trade or investment agreement on gender equality. Assessment of the impact of a trade or investment agreement on consumer welfare, namely the likely impacts on consumer prices; quality, availability, choice and safety of consumer goods and services, consumer information, knowledge, trust and protection. Analysis of the specific human rights that may be affected by a trade or investment agreement; analysis of the extent to which the particular measures foreseen/included in the agreement may/have enhance(d) or impair(ed) the enjoyment of the relevant rights. Assessment of the environmental impacts and contribution to the greening of the economy of a trade or investment agreement, including the impact on environmental quality, natural resources, soil, waste, water, energy use and mix, biodiversity, climate change, the most important types of greenhouse gas (GHG) emissions and other air pollutants and water pollutants Standards and rights at work, employment creation and enterprise development, social protection, and social dialogue European Pillar of Social Rights (C(2017) 2600 final of 26/04/

13 With regard to unilateral preferential trade arrangements in particular, assessment of their impact on the development, trade and financial needs of beneficiaries and of the need to review the arrangements. The consultants methodological framework should take into account the most up-to-date body of literature on existing quantitative and qualitative methodologies that are relevant to assess the impacts of trade liberalisation on the three pillars of sustainable development (economic, social and environmental) and on human rights. The quantitative analysis should be based on the most up-to-date modelling techniques, economic, social and environmental indicators and databases available. Qualitative analysis, including case studies, complements the quantitative assessment and is an essential element of the analysis in particular, whenever quantitative approaches are constrained by data limitations. It should be based on a clearly defined and robust methodology, unbiased, rigorous, thorough and rely on available evidence and on illustrative real-life examples. Extensive data collection and statistical analysis may be particularly required for ex post and interim evaluations. The contractors may be required to establish intervention logic and evaluation questions and to assess implementation of provisions of agreements in force and the effects thereof. As per Commission Guidelines for Evaluation, evaluations will also have to provide an assessment of the effectiveness, efficiency, coherence and relevance of the trade and investment agreement 14. Consultations Active engagement with trading partners and stakeholders (national administrations, civil society including business (and notably SMEs), social partners and social dialogue committees both in the EU and the trade partner, etc.) may be necessary. Consultation may be aimed at information gathering and/or dissemination of results. The extent of stakeholder consultation will vary according to the specific contract. For example, consultation in the EU and/or partner countries is central to SIAs, where it shall include interviews and surveys of stakeholders, dissemination of the results at all the main stages of the analysis, publication of the draft reports and their discussion in dedicated meetings. Contractors may also be required to set up a dedicated website in order to facilitate the contribution of interested parties to the analysis. While the main language of consultations will generally be English, contractors should be prepared to translate questionnaires into at least French and German. Analysis of replies to consultations in any of the EU official languages may be requested as part of the specific 14 Commission Guidelines for Evaluation refer to a fifth criterion, "EU value-added"; trade being an exclusive EU competence, this criterion will usually not be assessed. 13

14 terms of reference as well as translation into additional languages depending on the nature of the project; this will be detailed in the specific requests for services Requirements The tenderer shall be capable to cover the tasks identified under section 2.5., taking into account the organisation and methodologies as laid down in the technical offer Staff & experts The tenderer must ensure through internal resources at least the tasks of Management and Quality control, and mobilise any other support staff that may be considered necessary in order to implement this FWC. The FWC contractor shall demonstrate to be able to recruit the necessary expertise for specific assignments. There is no restriction as to these experts' nationalities The Management Team The composition of the Management team shall comprise a Contract manager and a Quality manager. Any change to the Management Team s composition must be approved by the Contracting Authority. The Management team tasks include: 1. Responsibility for the day-to-day management of the FWC and specific assignments; 2. Recruitment of experts for specific assignments/contracts to conform to specific Terms of Reference requests; 3. Monitoring the organisation and performance of the experts implementing the specific assignments; 4. Ensuring and supervising the quality control of processes and outputs; 5. Participating in meetings or briefings and debriefings when required. The tender for the framework contract needs to include a signed 'Statement of exclusivity and availability' for each member of the Management Team. (The template form is provided as Annex 4 to these tender specifications.) Experts for the implementation of the FWC The following categories of experts will be required for the implementation of the FWC assignments: a) Team leader, b) Senior expert, c) Junior expert. The Specific Terms of References will complement the following requirements: Relevant qualifications and professional experience: a) Team leader: at least 10 years' experience in project management, including overseeing project delivery, quality control of delivered service, client orientation and conflict 14

15 resolution experience in projects of a similar size (at least and at least 2 countries covered), with experience in management of teams of at least 6 people. The team leader should also have a background in economics with detailed and proven knowledge of ex ante and ex post evaluation. b) Senior expert: relevant higher education degree or equivalent professional experience and at least 6 years' professional experience in the field. There should be senior experts in trade policy, in economic, social, environmental, human rights' impact analyses and stakeholder consultations. c) Junior expert: relevant higher education degree or equivalent professional experience and at least 2 years' professional experience in the field. There should be junior experts in trade policy (economists, modelling experts and lawyers) as well as junior experts in social, environmental, human rights' impact analyses and stakeholder consultations. Overall, the team should draw from a network of experts that have experience and capacity in the analysis of the three dimensions of sustainable development, as well as in human rights, in the EU and in third countries. The skills required shall be further specified in the terms of reference for the specific assignments. Language skills: The language skills required will be defined in the specific terms of reference. However, the main working language is English. If experts do not deliver at the level of quality required, the FWC contractor will provide, at no additional cost for the Contracting authority, immediate replacement and/or additional support to meet the appropriate standards. Statement of exclusivity and availability: For each specific assignment, the experts will later need to sign a 'Statement of exclusivity and availability' (whose form is provided for information purposes already as Annex 4). With this form, the expert will commit to present his/her CV only with one contractor under this FWC, to work exclusively for the given specific assignment during the days charged to the related specific contract, to remain available to start and perform the assignment. Declarations of no conflict of interest and confidentiality : For each specific assignment, the experts will later need to sign a declaration of no conflict of interest and a declaration of confidentiality Timing The duration of this framework contract shall be 24 months and may be extended for further 24 months. 15

16 Requests for services can be launched as from the commencement date indicated in the Special Conditions. Specific contracts must be signed by both parties before the FWC expiry date. The FWC shall continue to apply to specific contracts after its expiry. They shall be executed no later than six months after its expiry. For the implementation of the FWC, requests for services shall provide an indicative starting date and duration of the assignment. The real starting date of activities will be defined upon specific contracts' signature Budget The overall budget for the framework contract may not exceed EUR 5 million for its total duration. The price offer of the tender must be complete. Tenderers must not include into their financial offer for the framework contract any expenses beyond the three daily fee rates for team leaders, senior experts and junior experts required according to Annex 2, otherwise their tender will be rejected. The Commission shall not reimburse any travel or subsistence expenses linked to the trips referred to in section 3.6. Nor will the Commission reimburse any other costs such as translation costs, database management or administrative costs necessary to carry out the tasks of the contract (offices, secretarial assistance, communication, printing costs of documents, dispatch costs, etc.). Therefore, the tenderers are requested to take into account all these costs when preparing their daily fee rates (to be submitted as part of the financial offer in accordance with Annex 2). According to the terms of each specific contract, reimbursable costs may be permitted. These can cover additional travel needed for the performance of the specific contract (e.g. conducting local consultation activities, organising local workshops, etc.). When necessary, these costs will be further specified in the terms of reference for each specific contract Payment Payments shall be made in Euro ( ). No pre-financing will be paid. Per specific contract, a first instalment of 30% is to be paid upon acceptance of the first report. The type and status of report is to be determined in the terms of reference of each specific contract. The payment conditions for further instalments, if any, and payment of the balance may vary depending on the size of the individual specific contract. The payment schedule will be set out in the specific terms of reference for that specific assignment. In general, payments on the specific contracts shall be made in 2 3 instalments (1 2 interim payments and a final payment) on submission to the Commission by the Contractor of duly established invoices and upon acceptance of the related reports by the Commission. The Commission may in its absolute discretion withhold all or part of the payment as long as any of the deliverables mentioned in the next section are missing, or if the said deliverables are not accepted by the Commission on grounds of insufficient quality. 16

17 2.10. Contractual conditions In drawing up his bid, the tenderer should bear in mind the provisions of the standard contract attached to this invitation letter (see Annex 5). This contract will be proposed to the successful tenderers. By submitting a tender, the tenderer accepts the conditions of this contract. The tenderer must not include in the tender conditions or clauses that are not specified in, or that modify, these terms of reference, on pain of his tender being rejected. Initiation of a tendering procedure imposes no obligation on the Commission to award the contract. The Commission shall not be liable for any compensation with respect to tenderers whose tenders have not been accepted. Nor shall it be so liable if it decides not to award the contract. 3. FRAMEWORK CONTRACT IMPLEMENTATION THROUGH SPECIFIC CONTRACTS This FWC with re-opening of competition shall be concluded on the same terms with several FWC contractors. For each specific contract, a request to submit an offer will be sent to all FWC contractors. The contract will be awarded to the FWC contractor based on the most economically advantageous tender, according to the 'best price-quality ratio' award method Request to submit an offer The FWC contractor will receive via the request to submit an offer together with the related terms of reference. The FWC contractor must send by within 3 working days an acknowledgement of receipt of the request for services and confirmation of intention to submit an offer without prejudging of the effective possibility to find the appropriate experts. The FWC contractor will by default have 28 calendar days, counted from the date of the containing the request for services, to prepare and dispatch its offer to the address indicated in the request. Depending on the complexity of the assignment, the request may allow for a longer period of submission of offers, or a shorter period of submission of offers, which will be specified in the request for services. The terms of reference will define more detailed criteria and related weights for technical evaluation Offer The FWC contractor is responsible for checking the quality and accuracy of the offer that shall be submitted. 17

18 The contractor shall be responsible for: Preparing the methodological and financial offer to comply with the specific terms of reference and in line with the conditions set out in the contract; Selecting the experts in line with the requirements described in the specific terms of reference for each assignment; Checking the accuracy of information contained in the experts' CVs including data for contacting the experts during the offer validity period in case the Contracting Authority proceed to interviews; Taking the appropriate steps to ensure the availability and exclusivity of the experts proposed; Ensuring the quality control system is in place; Establishing the financial offer in a global price breakdown; Provide data about possible subcontractors and their nationality which must meet the eligibility criteria of this FWC Clarifications Each contractor requested to submit an offer can ask for clarifications during the offers' submission period and no later than 7 working days before the deadline for submissions. The Contracting Authority shall answer as rapidly as possible and simultaneously to all contractors consulted. The Contracting Authority may extend the deadline for submission of offers if a substantial change is introduced by the clarification Evaluation of the offers The offers submitted by the FWC contractors shall be evaluated if: Submitted within the deadline; Have not exceeded the budget allocation, Have not exceeded the contractual maxima, and The minima required skills and expertise described in the specific terms of reference are included. The Contracting Authority will award the specific contract to the offer with the best value for money using a 70/30 weighing between technical quality and price. For further details please refer to section 4 of these terms of reference The specific contract The specific contract will be drawn up in accordance with the format as defined in the request for services. The specific terms of reference, the methodology proposed and the CVs of the experts form an integral part of the specific contract. The contractual amount is fixed at the level of each specific assignment. 18

19 3.6. Steering and monitoring The Commission will set up an inter-service steering group (ISG) to support and oversee the implementation of each individual contract. The contractor will be required to participate in regular meetings with the ISG in Brussels, typically: - a kick-off meeting; - a meeting on the inception report; - a meeting on the interim report; - a meeting on the final report. Contractors may also be required to attend other meetings with Commission officials throughout the process. If requested, the contractor should make available without delay the databases, modelling tools and other quantitative elements that form the basis of its analysis, so as to enable the verification of the results by the Commission Reporting requirements The detailed reporting requirements will be included in the terms of reference for each specific contract. An inception report, an interim report and a final report will generally be expected for each study. While the reports should be written in English, the executive summaries may need to be translated into other languages. All final reports of the studies described will be published. All electronic files, data and databases which are produced during the course of the work and which are necessary for replicating the results, tables and graphs of the study should be made available to the Commission when submitting the final report together with all necessary documentation. A specific request for services may foresee further tailor-made rules applicable for a particular specific assignment. (For instance, it may foresee that any reports submitted by the Contractor shall be accompanied by the original statistical databases, modelling files, and other data inputs which formed the basis for the analysis, it may foresee that the quantitative and qualitative impact analysis shall be supported with statistical data, it may foresee that corresponding data sources shall be quoted in detail with a view to allowing full reproduction of all quantitative results published in the reports, and it may foresee that sufficient documentation to that end is submitted.) Final report The final study report must include: - an abstract of no more than 200 words and an executive summary of maximum 6 pages, in at least English, French and German; - specific identifiers which must be incorporated on the cover page provided by the Contracting Authority; - the following disclaimer: 19

20 The information and views set out in this report are those of the author(s) and do not necessarily reflect the official opinion of the European Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission s behalf may be held responsible for the use which may be made of the information contained therein Publishable executive summary The publishable executive summary must be provided in at least English, French and German and must include: - specific identifiers (different from those in the final report) which must be incorporated on the cover page provided by the Contracting Authority; - the following disclaimer: The information and views set out in this report are those of the author(s) and do not necessarily reflect the official opinion of the European Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission s behalf may be held responsible for the use which may be made of the information contained therein Other requirements Requirements for publication on Internet The Commission is committed to making online information as accessible as possible to the largest possible number of users including those with visual, auditory, cognitive or physical disabilities, and those not having the latest technologies. The Commission supports the Web Content Accessibility Guidelines 2.0 of the W3C. For full details on the Commission policy on accessibility for information providers, see: Graphic requirements The contractor must deliver the study and all publishable deliverables in full compliance with the corporate visual identity of the European Commission, by applying the graphic rules set out in the European Commission's Visual Identity Manual, including its logo. The graphic rules, the Manual and further information are available at: For further details you may also contact comm-visual-identity@ec.europa.eu. A simple Word template will be provided to the contractor after contract signature. The contractor must fill in the cover page in accordance with the instructions provided in the template. The use of templates for studies is exclusive to European Commission's contractors. No template will be provided to tenderers while preparing their tenders. 20

21 3.8. Invoicing The FWC contractor is responsible for the invoicing and its accuracy. When the outputs requested in the specific terms of reference are not delivered or are not considered of acceptable quality by the Contracting Authority, which has to justify their rejection, the Contracting Authority may refuse the payment and terminate the specific contract. If the request for services for a specific assignment foresees any reimbursement of a participant fee per workshop and/or of travel and subsistence cost, the following minimum rules will apply: o The per diem may not exceed the per diem rates as listed in Annex 3. The per diem are paid per night when an overnight stay away from the experts' place of residence is justified. A night spent in transport (a plane, a train, etc.) does not give right to a per diem for that night. The per diem as indicated in the offer is considered as an amount to be fully paid to the expert to allow him to perform his assignment in the appropriate conditions and therefore shall not be considered as a direct financial benefit for the FWC contractor. o Transport: experts are expected to use the most economically advantageous transport possibilities to join and leave the place of the mission as well as for the local travel during the implementation period. Costs related to a stay beyond the assignment as approved by the Contracting Authority are not eligible. Any air travel must be by economy class (unless accepted otherwise by the Contracting Authority as justified), train travel may be 1 st class, and car travel will be reimbursed on the basis of 1 st class train travel for the equivalent journey Conflict of interest Conflicts of interest are examined by the Contracting Authority on a case-by-case basis. They affect the firm and experts performing the assignment. The FWC contractor cannot make an offer if the execution of the envisaged assignment is incompatible with contract(s) executed by them or by any member of the consortium. FWC contractors consulted are responsible for checking and notifying the Contracting Authority if performing the assignment will cause a conflict of interest. The conditions determining the conflict of interest must be assessed at the time of the offer Sub-standard performance A FWC contractor shall be considered in breach of its obligations, inter alia, if: It is not respecting its contractual obligations, in particular repetitively not replying to the requests for submitting an offer, or Performance is repeatedly put into question by the Contracting Authority. 21