Directorate-General for Infrastructure and Logistics Directorate C - Resources L-2929 LUXEMBOURG CONTRACTS AND PROCUREMENT UNIT LUXEMBOURG

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1 Directorate-General for Infrastructure and Logistics Directorate C - Resources L-2929 LUXEMBOURG CONTRACTS AND PROCUREMENT UNIT LUXEMBOURG Invitation to Tender INLO.AO LUX-UPIB-02 BREAKDOWN OF AIR CONDITIONING REQUIREMENTS IN THE JÓZSEF ANTALL BUILDING, BRUSSELS 1. INVITATION TO SUBMIT A TENDER CONDITIONS FOR SUBMITTING A TENDER 1

2 1. GENERAL TERMS AND CONDITIONS FOR PARTICIPATING IN THE INVITATION TO TENDER 1. Submission of a tender implies acceptance by the tenderer of the terms and conditions laid down in the documents making up this invitation to tender: the draft contract, specifications (administrative provisions and technical specifications), conditions for submitting a tender, deed of undertaking and price schedule. The above documents lay down the terms and conditions governing this invitation to tender and complement each other. In the event of contradictions between documents, the order of precedence shall be as follows: draft contract, deed of undertaking, administrative provisions, technical specifications, conditions for submitting a tender. 2. Submission of a tender entails the waiver by tenderers of their own conditions of sale or work. Submission of a tender shall bind the tenderer during performance of the contract, should it be awarded to him. 3. Before submitting a tender, tenderers must take all the steps required to gain a proper understanding of the scale and nature of the subject of the invitation to tender and of any potential difficulties. By the fact of submitting a tender, tenderers shall acknowledge that they know the risks and problems linked to the performance of the contract. 4. The period of validity of tenders, during which tenderers are required to maintain all the terms and conditions in their tenders, is 180 days from the closing date for the submission of tenders. 5. The draft contract, specifications (administrative provisions and technical specifications) and the deed of undertaking template and price schedule, with their respective annexes, are attached to this invitation to tender. Tenders that do not include all of the elements required in this invitation to tender or do not comply with the required structure will be rejected. 6. This invitation to tender does not entail any obligation on the part of the European Parliament; this shall arise only when the contract is signed with the successful tenderer. Likewise, submission of a tender shall in no way entitle a firm to the award of the contract or a part thereof. Until the contract is signed, the European Parliament may either withdraw from the contract or cancel the procurement procedure, without candidates or tenderers being able to claim any compensation for any expenses incurred, including any travel costs. Where applicable, the reasons for that decision will be stated and communicated to all the tenderers. 7. Tenderers will be informed in writing of the decision taken on their tender. 8. Expenses incurred in connection with preparing and submitting tenders shall be borne by tenderers and may not be reimbursed. 9. Tenders will remain the property of the European Parliament. 10. The follow-up to your response to the invitation to submit a tender will entail the registration and processing of personal data (e.g. name, address, CV). The data 2

3 will be processed in accordance with Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Unless otherwise indicated, your replies to the questions and any personal data requested are necessary to evaluate your tender, in accordance with the specifications in the invitation to tender. They will be processed for that purpose solely by the Directorate-General for Infrastructure and Logistics of the European Parliament and, in the case of an institutional procedure, by other institutions taking part in the procedure. Upon request, you may obtain details of your personal data and you may rectify any personal data which are inaccurate or incomplete. You may contact the European Parliament s Directorate-General for Infrastructure and Logistics in respect of any matter relating to the processing of your personal data. You are entitled to have recourse at any time to the European Data Protection Supervisor with regard to the processing of your personal data. 2. COMPLEMENTARY INFORMATION Tenderers who wish to obtain additional information about the tender documents should submit their questions in writing by the deadline for receipt of questions referred to in point 3 below: o either by to the following address: inlo.ao-lux@ep.europa.eu o or by post addressed to the recipient department: EUROPEAN PARLIAMENT Directorate-General for Infrastructure and Logistics Contracts and Procurement Unit Bureau KAD 03E025 Plateau de Kirchberg / L-2929 LUXEMBOURG with the exception of questions submitted during a visit to the premises. Such questions and the replies will then be included in the record of the visit. Any request in writing for additional information must bear the following: INVITATION TO TENDER INLO.AO LUX-UPIB-02 Requests for further information must be received no later than the date set out in point 3 below. The European Parliament will not respond to oral questions, questions submitted after the above deadline or questions which are incorrectly worded or addressed. Any questions received, together with the relevant replies, will be published on the European Parliament s invitation to tender website in one of the working languages for the procedure. Furthermore, if departments of the European Parliament discover an error, omission or any other material deficiency in the drawing up of the contract notice, the 3

4 invitation to tender or the technical specifications, they may on their own initiative publish the aforementioned and supplementary information on the European Parliament tender website at the address above. Interested economic operators are therefore invited to consult the aforementioned site regularly, and certainly after the date specified for the publication of responses in point 3 below. 3. PROBABLE TIMETABLE OF THE INVITATION TO TENDER Date and time of compulsory visit to the premises: 22/02/2013 at 10.00am Deadline for receipt of questions: 01/03/2013 Deadline for publication of replies: 08/03/2013 Closing date for the submission of tenders: 15/03/2013 Tender opening date and time: 20/03/2013 at 10.00am Probable date of award of contract: april COMPULSORY VISIT TO THE PREMISES A compulsory visit to the premises, as referred to in point 3 above, will be organised at the time and date indicated. Participation is obligatory, and failure to attend shall render the tender inadmissible. Participation shall be evidenced by the signature of the tenderer s representative on the attendance list. The meeting point for the visit shall be at the following address, at the time and date stated above: Rue Wiertz 60, B-1047 Brussels, entrance to the Altiero Spinelli Building. The economic operators authorised to attend this visit are those to whom these tender documents are addressed. A maximum of two representatives per tenderer may attend. The names and positions of those attending must be communicated two working days before the visit by one of the methods indicated in point 2 above. The European Parliament will give each tenderer a certificate of attendance, and at the end of the visit to the premises will draw up minutes which will be forwarded by to all participants. Tenderers are invited to use the visit to the premises to put those questions that they consider relevant and useful for the preparation of their tenders. The working language for the visit will be French. Any travel expenses associated with the visit to the premises will be borne by tenderers and may not be reimbursed by the European Parliament. 4

5 5. CONTENT AND SUBMISSION OF A TENDER If you are interested in taking part in this tender procedure, please submit a tender in one of the official languages of the European Union before the closing date indicated in point 2 below. However, it is hereby specified that the working language will be French. Your tender must comprise a signed original together with two paper copies, presented in three separate files, with each page duly completed and perfectly legible so as to preclude any doubt whatsoever as to the wording and figures. Your attention is drawn to the fact that the two paper copies may be replaced by an electronic medium (CD-R, DVD-R, USB stick) containing the entire tender in commonly used formats (e.g. Office, Acrobat Reader). All documents (apart from signed certificates and documents produced by third parties) should be supplied in a format allowing full-text searching. Please do not convert them into images or scan them. The content on the electronic medium must have the same directory structure as the sections of the paper tender, and the file names must be clear and comprehensible. Caution: If you choose the electronic copy option, you must still supply the signed original tender as a hard copy. The electronic copies must be supplied on a storage device when the tender is submitted following the procedure outlined in Article 2 below. Under no circumstances may any part of your tender be sent by or by any other means except sealed double envelope, otherwise it will be inadmissible. The tenderer must certify that the copies, whether paper or electronic, are true and complete. The tender must be submitted for the contract in its entirety. It must be priced in euros. The European Parliament s Administration reserves the right to reject any tender which is incomplete or illegible or which is not formatted as specified. I Administrative part The order and numbering of the sections must be followed without fail. Introductory letter drawn up on the tenderer s headed paper and signed. Section 1, entitled Authorisations and certifications, must contain: The tenderer s articles of association, or those of each firm in the case of a consortium, with details of their registered office, capital structure, shareholders, holdings, the composition of their board of directors, and the powers and capacities of the company s directors and management, as well as authorisation and approval to perform the contract under national law (cf. point 14 of the administrative provisions for this invitation to tender). The candidate must also supply details of the powers of the signatory or signatories to the act of undertaking in connection with this invitation to tender. Section 2, entitled Insurance, must contain: a certificate attesting a currently valid third-party liability policy (i.e. evidencing the payment of premiums for the current period). 5

6 Section 3, entitled Supporting documents in respect of exclusion, must contain: the documents referred to in point 13.1 of the administrative provisions. Section 4, entitled Authorisation and official recognition, must contain: the documents referred to in point 14 of the administrative provisions. Section 5, entitled Financial and economic capacity, must contain: all documents providing proof that the tenderers satisfy the selection criteria defined in point 14.1 of the administrative provisions. Section 6, entitled Technical and professional capacity, must contain: all documents providing proof that the tenderers satisfy the selection criteria defined in point 14.2 of the administrative provisions. If the tenderer intends to make use of subcontracting, or if a consortium is tendering, all the documents referred to above must also be provided, without fail, for each proposed subcontractor or consortium member so that evaluation can take place in accordance with the administrative provisions. II Technical Part Section 1, entitled Description of tender : description of the methods and manner in which the tenderer proposes to perform the contract. When tenders are drawn up, tenderers should pay particular attention to the technical and qualitative requirements of the technical specifications and provide a clear and exhaustive description as to how they intend ensuring that their tenders meet all the requirements concerned. Section 2, entitled Technical documentation : all documents relating to the technical aspects of the tender (certificates, details of standards, evidence of compliance, various annexes) which the tenderer considers appropriate to produce. Section 3, entitled Samples - catalogues : all samples, catalogues and other similar documents which the tenderer considers appropriate to produce. III Financial part Single section entitled Deed of undertaking and price schedule : document 4 (with the same title) for this invitation to tender. This document and all the annexes thereto must be signed without fail by the tenderer or their duly authorised representative, having regard to the articles of association and powers in connection with the administrative part of the tender. It should be noted that tenders which do not satisfy all the essential requirements set out in the documents relating to the invitation to tender or the specific requirements laid down therein will be eliminated. Tenders may be rejected if, on the basis of their content, signatories power to enter into commitments on behalf of tenderers cannot be established, the financial, professional or technical criteria cannot be assessed, or the tender s 6

7 compliance with the requirements set out in this invitation to tender cannot be ascertained. When examining the tenders, particular attention shall be paid to the quality of the documents produced and the quality of the management plan proposed by the tenderer. 6. TIME LIMITS AND PROCEDURES FOR THE SUBMISSION OF TENDERS 1. The closing date for the submission of tenders is the date specified in point 3 above, at (CET). 2. Tenders may be submitted, at the choice of tenderers: a) either by post or by courier company, posted no later than the closing date indicated above, as evidenced by the postmark or the date of the deposit slip, to the European Parliament s Official Mail Service. b) or by hand to the Official Mail Service at the European Parliament building at the address below, either in person or by a representative, no later than the closing date laid down above. Delivery of the tender shall be confirmed by a receipt, dated and signed in duplicate, issued by the European Parliament s Official Mail Service. The date and time indicated on the receipt shall serve as the reference date and time. The opening hours of the Official Mail Service, to which tenders must be delivered, are from 9.00 to and from to Monday to Thursday, and from 9.00 to on Fridays. Closed on Saturdays and Sundays and on public holidays and office closing days for the European Parliament. The European Parliament cannot guarantee receipt of tenders, regardless of how they are submitted, outside the Official Mail Unit s opening hours given above. The European Parliament cannot be held liable for not having notified tenderers of any changes to the Official Mail Unit s opening hours which have come into effect since the documents relating to the invitation to tender were dispatched. Before hand-delivering a tender, tenderers must check that the stated opening hours still apply. 3. Electronic transmission of tenders is not permitted. Tenders will be immediately rejected if sent by fax or as their integrity and confidentiality cannot be guaranteed. 4. Tenders which do not comply with the time limits for submission indicated in points (a) and (b) above will be deemed inadmissible. 5. In order to maintain the confidentiality and integrity of tenders, they must be sent under double cover. The two envelopes shall be sealed. The following label must be attached to the inner and outer envelopes. 7

8 EUROPEAN PARLIAMENT Altiero Spinelli Building Rue Wiertz B-1047 Brussels Belgium APPEL D'OFFRES n INLO.AO LUX-UPIB-02 Direction Générale des Infrastructures et de la Logistique Unité Contrats et marchés publics Bureau KAD 03E025 A NE PAS OUVRIR PAR LE SERVICE COURRIER NI PAR AUCUNE PERSONNE NON HABILITEE Depending on the physical size of the tender, the term envelope must be taken to cover by extension parcels, packages, boxes and other containers; tender dimensions should match those of the actual content as closely as possible. In every case, and irrespective of the type of package used, tenderers are invited to pay attention to the quality of the envelopes or packaging used for submitting their tenders, in order to ensure that they do not arrive torn, thereby no longer ensuring the confidentiality or integrity of their contents. If self-adhesive envelopes are used, they must be sealed with adhesive tape bearing the signature of the sender. The signature of the sender shall be deemed to comprise either the handwritten signature or the signature and the company stamp. Any tender which fails to maintain the confidentiality of its contents until the opening of all the tenders will be rejected automatically. The outer envelope shall also bear the tenderer s name or business name, together with the exact address at which he can be informed of the decision taken on his tender. 7. OPENING OF TENDERS Tenders will be opened in the European Parliament offices located at rue Montoyer, 70 in Brussels at the time and date specified in point 3 above. Tenderers (or their representatives, duly appointed in writing) who wish to attend the opening of the tenders are asked to disclose this two working days before the date of opening using one of the methods specified in point 2 above. Attendance is limited to 8

9 one representative per tenderer, and this person must bring a valid form of identification. Only those who have submitted a tender may attend the opening. 8. NOTIFICATION OF RESULTS The European Parliament will inform all unsuccessful tenderers, simultaneously and individually, by mail and by or fax, that their tender has not been accepted. In each case the European Parliament will indicate the reasons for the rejection of the tender, and possible means of appeal. Simultaneously with the notifications of rejection, the European Parliament will communicate the award decision to the successful tenderer, stating that this does not constitute an obligation on the part of the institution. In any event the award decision will become definitive only when the selected tenderer has submitted the requisite documentary evidence concerning the exclusion criteria referred to in point 13.1 of the administrative provisions, if requested by the European Parliament, and when this evidence is accepted by the European Parliament. Any unsuccessful tenderer may obtain additional information about the grounds for the rejection of his tender by requesting this in writing, by letter, fax or . Only tenderers who have submitted an admissible tender may obtain information about the characteristics and relative advantages of the tender chosen, together with the name of the tenderer awarded the contract. Tenders from tenderers who are not excluded and who comply with the selection criteria are deemed admissible. However, some information will not be communicated if it would hinder application of the law, would be contrary to the public interest or would harm the legitimate business interests of public or private undertakings or could distort fair competition between them. 9. SUSPENSION OF THE PROCEDURE If necessary, after the results have been notified and before the contract is signed, the European Parliament may suspend the signing of the contract for additional examination if this is justified by the requests or comments made by unsuccessful or aggrieved tenderers or by any other relevant information received. The requests, comments or information concerned must be received during the 14 calendar days commencing the day after the date of simultaneous notification of the rejection and award decisions or, where applicable, the publication of a contract award notice. In the case of suspension all the tenderers shall be informed within three working days of the suspension decision. Following the additional examination arising from the suspension of the procedure the European Parliament may confirm its award decision, modify it or, where applicable, cancel the procedure. The reasons for any further decision shall be stated and communicated in writing to all the tenderers in contention. 9

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