ANNEX I - TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER

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1 ANNEX I - TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER Invitation to tender N EMSA/OP/04/2006 for a service framework contract for the provision of Vessel Traffic Services (VTS) Operator Training 1. Introduction The European Maritime Safety Agency (EMSA) was established under Regulation 1406/2002/EC for the purpose of ensuring a high, uniform and effective level of maritime safety. Among its tasks, the Agency provides the Member States and candidate countries with technical and scientific assistance and a high level of expertise in order to help them applying Community legislation properly in the field of maritime safety and prevention of pollution by ships. EMSA monitors the implementation and evaluates the effectiveness of the measures in place. Within the framework of technical assistance, EMSA organises workshops and training in response to requests from Member States in the fields of port state control, port reception facilities, classification societies, marine equipment and Vessel Traffic Monitoring Information System (VTMIS). Vessels Traffic Services (VTS) evolved as a response to the increased complexity of modern shipping, the diversity and potential danger resulting from their cargoes and the need to prevent congestion by maintaining a safe traffic flow. VTS is designed to provide support to seafarers in busy waterways where risks are deemed to be at their greatest. To minimise such risks, maritime and port authorities have developed means for monitoring the movements of shipping and for providing information and advice. This provides a service that interacts with shipping to organise traffic and minimise the risk to life and environment and helps ensure safer shipping. Therefore it is a matter of great importance that VTS operators are competent and qualified to conduct all VTS operations. The Directive 2002/59/EC establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC recognises the important role of VTS in the prevention of accidents and pollution in shipping areas which are congested or hazardous. Moreover, with the development of SafeSeaNet (a telematic network between maritime administrations of the Member States and the Commission for the exchange of data concerning maritime traffic within EU waters), VTS centres will often be considered as Local Competent Authorities with certain obligations to provide relevant information. Therefore, it is of great importance to ensure a high qualification of VTS operators. EMSA would like to deliver training sessions for VTS operators from the latest acceded Member States and the Candidate Countries. Moreover, n 2006 EMSA intends to create a consultative network of national maritime administrations representatives that would provide opinions on EMSA s priorities for specialised training and technical assistance. Page 1 of 7

2 2. Contract objective and scope of the work 2.1 General objectives The overall objective of this service framework contract is the provision of VTS Operators training for representatives of the Member States and Candidate Countries. All participants invited to the trainings will have a maritime background and will generally be working in VTS centres. The training sessions shall ensure that participants are provided with realistic exercises concerning the role of VTS. In particular, participants shall be familiar with the basic principles of VTS, the services that VTS can provide to shipping and the resources and means of providing these services. Moreover the courses shall stimulate a sense of responsibility, watchfulness and precision that characterises a competent VTS operator. The training sessions should, as much as possible, reflect the guidelines contained in Recommendation V-103/1 of IALA (International Association of Marine Aids to Navigation and Lighthouse Authorities) for VTS Operators training, even if the purpose of the training sessions is not the delivery of IALA certificates. VTS Operators training shall begin with a written assessment test and shall end with the evaluation, to verify that the participants have acquired the knowledge delivered during the training. 2.2 Scope of the work Number of participants and number of hours The minimum number of participants for each VTS Operators training shall be 6 persons. The maximum number of participants per training session shall be 9 persons. Each training session shall be delivered in 5 working days starting on Monday and finishing on Friday and shall consist of a minimum of 35 hours. In drafting the syllabus, the contractor shall allow two hours per type of training to allow EMSA to present the Agency and the relevant EU legislation; this shall be included in the course syllabus; however, it shall not count towards the total time of the course. EMSA shall notify the contractor two weeks before commencing each training session whether an EMSA officer will participate in the training session or in the seminar VTS Operators training detailed requirements The proposed training syllabus for the VTS Operators training shall be included in the tender. The VTS Operators training training shall cover the following modules (reflecting the Recommendation V-103/1 of IALA): - Language; preferably topics such as language structure, Construction of VTS messages, standard marine communication phrases, collating information; - Traffic management; preferably topics such as regulatory requirements, roles and responsibilities, VTS environment, principal of waterways and traffic management, traffic monitoring and organisation; - Equipment; preferably topics such as telecommunication, Vessels Traffic Management Information System, Radar, audio, video and other sensors, VHF/Direction finding, Tracking systems, Evolving technologies; - Nautical Knowledge; preferably topics such as Chart work, Collision regulations, Aids to navigation, Port operations, Navigational aids, Shipboard knowledge; - Communication Coordinating; preferably topics such as General communications skills, Communications, log keeping; Page 2 of 7

3 - VHF Radio; preferably topics such as Radio operator practices and procedures, VHF radio systems and their use in VTS, Operation of radio equipment, Communication procedures including SAR; - Personal Attributes; preferably topics such as Diplomacy, Interaction with others, Stress management, Management attributes, Reliability; - Emergency Procedures; preferably topics such as International, national, regional, local regulations, Internal/external emergencies, Response to a contingency plan, Prioritise and respond to a situation, Coordination with, and support to, allied services, Record activities concerning emergencies, Maintaining safe waterways throughout an emergency. The weight of each module should, in terms of delivered hours, reflect as much as possible the balance indicated in the Recommendation V-103/1 of IALA Participants Only participants with an adequate level of English and maritime background will be invited. Participants will be invited by EMSA. The list of all participants will be sent to the contractor two weeks before the start of each training session and seminar Language of the VTS Operators training VTS Operators training shall be delivered in English. All relevant textbooks and technical papers shall be in English Location of the training The VTS Operators training shall be delivered at the appropriate equipped contractor s premises located within the territory of the European Union and not further than 2 hours travel from an international airport Notice of the planned events. EMSA shall give 6 months notice of the planned trainings, except for the first two training sessions on VTS Operators training that are to be delivered between October and December Additional requirements When delivering the VTS Operators training the contractor shall: Provide adequate lecturing facilities, Conduct part of the training with the use of a VTS simulator, Provide relevant equipment for the delivery of the lectures such as computer, beamer, flipchart, etc., Provide stationery (notepads and pens for each participant), Provide relevant textbooks and technical papers (training session syllabus and seminar programme Provide coffee breaks and lunches for participants. 3. Contract management responsible body. The European Maritime Safety Agency Unit E, in charge of Technical Cooperation and Development will be responsible for managing the contract. 4. Project Planning: Reports to be submitted The contractor shall provide EMSA with a report within 3 weeks after each training session is completed. The training session report shall contain, as a minimum: the number of participants, daily signed list of participants, type of training, the topics Page 3 of 7

4 covered and a detailed course evaluation based on the assessment of participants and results of the evaluation test. 5. Timetable The estimated date for signature of the contract is between 15 th August and 15 th September The dates of the training sessions will be decided in agreement with the contractor at a later stage. The contractor shall deliver 2 training sessions of VTS Operators training between October and December EMSA could organize a minimum of two training sessions per year. 6. Estimated Market Value The maximum budget available for this framework contract is of Euros to cover a minimum of six VTS Operators training sessions over three years. 7. Terms of payment Payments shall be issued in accordance to the provisions of the draft framework contract available on the Procurement Section under the call to tender EMSA/OP/04/2006 on the EMSA website at the following address: 8. Terms of contract In drawing up a bid, the tenderer should bear in mind the terms of the draft framework contract. EMSA may, before the framework contract is signed, either abandon the procurement or cancel the award procedure without the tenderers being entitled to claim any compensation. EMSA will pass an order form for each training sessions and workshop on the basis of the framework contract. 9. Financial guarantees Not applicable. 10. Sub contracting If the tenderer intends to either sub contract part of the work or realise the work in cooperation with other partners he shall indicate in his offer which part will be subcontracted, as well as the name and qualifications of the subcontractor or partner. (NB: overall responsibility for the work remains with the tenderer). 11. Requirements as to the tender Bids can be submitted in any of the official languages of the EU. The working language of the Agency is English. Bids must include an English version of the documents requested under point 14.5 & 15.1 of the present tender specifications. The tender must be presented as follows and must include: Signed cover letter Part A: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Selection/Exclusion criteria set out under points 13 to 14.4 of these specifications; Part B: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Technical and professional capacity (part of the Selection Criteria) set out under point 14.5 of these specifications. Part C: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Award Criteria set out under point 15.1 of these specifications; Part D: setting out prices in accordance with point 12 of these specifications. 12. Price Price for one VTS Operators training shall include all the costs of delivery of training session for a maximum of 9 participants per training session. Page 4 of 7

5 Prices must be quoted in Euro using (with the exception of the countries within the EURO zone) the conversion rates published in the C series of the Official Journal of the European Union on the day when the contract notice was published. Price must be fixed amounts, non revisable and remain valid for the duration of the contract. Under Article 3 and 4 of the Protocol on the privileges and immunities of the European Communities, EMSA is exempt from all duties, taxes and other charges, including VAT. This applies to EMSA pursuant to the Regulation 1406/2002/EC These duties, taxes and other charges can therefore not enter into the calculation included in the bid. The amount of VAT must be shown separately. 13. Grouping of service providers Groupings, irrespective of their legal form, may submit bids. Tenderers may, after forming a grouping, submit a joint bid on condition that it complies with the rules of competition. Such groupings (or consortia) must specify the company or person heading the project and must also submit a copy of the document authorising this company or person to submit a bid. If awarded, the contract will be signed by the company of the person heading the project, who will be, vis à vis EMSA, the only contracting party responsible for the performance of this contract. Tenders from consortiums of firms or groups of service providers, contractors or suppliers must specify the role, qualifications and experience of each member or group. 14. Information concerning the personal situation of the service provider and information and formalities necessary for the evaluation of the minimum economic, financial and technical capacity required 14.1 Legal position means of proof required When submitting their bid, tenderers are requested to complete and enclose the Legal Entity Form available on the Procurement Section (Financial Form and Legal Entity Form) on the EMSA Website at the following address: Grounds for exclusion To be eligible for participating in this contract award procedure, tenderers must not be in any of the following exclusion grounds: (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) they have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; (f) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations Evidence to be provided by the tenderers EMSA shall accept, as satisfactory evidence that the tenderer is not in one of the situations described in point (a), (b) or (e) above, production of a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or Page 5 of 7

6 administrative authority in the country of origin or provenance showing that those requirements are satisfied. EMSA accepts, as satisfactory evidence that the tenderer is not in the situation described in point (d) above a recent certificate issued by the competent authority of the State concerned. Where no such certificate is issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance Economic and financial capacity means of proof required To prove their financial and economic capacity, tenderers should provide with their offer: 1) the balance sheets or extracts from balance sheets and profit and loss accounts for the last three financial years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the tenderer is established; 2) statement of overall turnover and turnover relating to the relevant services for the last three financial years Technical and professional capacity means of proof required The tenderer shall provide evidence of expertise in delivering VTS Operator Training courses in accordance with IALA Recommendation V-103/1. Such evidence of the knowledge and experience in the field mentioned above shall be provided on the basis of a list of training which the tenderer has provided in the past three years (detailed list of trainings, certificates of accreditation, etc). Instructors participating in this training should be professionally and academically qualified in the task and shall have experience in providing lectures on the topics referred in point and should have delivered such courses before in English. Tenderers should provide with their bid detailed curriculum vitae of each Instructor who will be delivering the training under the proposed contract. The curricula vitae shall include the educational background, degrees and diplomas, professional experience, research work, publications and linguistic skills (English). 15. Criteria for the award of the contract 15.1 The contract will be awarded to the tenderer who submits the most economically advantageous bid (the one with the best price-quality ratio) in terms of: a) Overall quality of the training as weighted by percentage (70%) taking into account: - Quality of the training programme and methodology for providing the course: the bid must include detailed syllabus, indicating at least the number of lectures and practical exercises and a description of the training materials provided (40%); - Quality of the training teams: the bid must include detailed description of the way the proposed teams are to be organised in order to deliver the expected results per training course; the involvement of teachers per module in the training course has also to be indicated in the bid (15%); - Quality of the training methodology for assessing knowledge acquired by participants during training: the bid must include a description of the methodology foreseen for assessing knowledge acquired by participants during training (15%). Only bids that have reached a minimum score of 60% for each quality evaluation criterion will be taken into consideration for awarding the contract Page 6 of 7

7 b) Total price as weighted by percentage (30%) 15.2 Contracts will not be awarded to tenderers who, during the procurement procedure: (a) are subject to a conflict of interest (b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information. 16. Without prejudice to the application of penalties laid down in the contract, tenderers and contractors who have been guilty of making false declarations concerning situations referred to in points 14 and 15 above or have been found to have seriously failed to meet their contractual obligations in an earlier procurement or grant shall be subject to Administrative and financial penalties set out in Article 133 of Commission Regulation 2342/2002 of 23/12/2002. (OJ L 357 of 31/12/2002) 17. Other information Tenderers are requested to: - complete and enclose with their bid the Financial Form available on the Procurement Section (Financial Form and Legal Entity Form) on the EMSA Website at the following address: - Indicate in their cover letter the name and position of the person authorised to sign the contract Page 7 of 7