SUSTAINABLE DEVELOPMENT

Transcription

1 SPECIFICATIONS INVITATION TO TENDER N VT/2006/004 STUDY ON THE LINKS BETWEEN THE SOCIAL AND ENVIRONMENTAL PILLARS OF SUSTAINABLE DEVELOPMENT 1. TITLE OF THE CONTRACT Study on the links between the social and environmental pillars of sustainable development in particular the link between social cohesion/inclusion and environmental policies. 2. BACKGROUND Following the introduction by the Amsterdam Treaty (Article 136 and 137) of the fight against social exclusion among the Union Objectives, the Lisbon European Council of March 2000 asked Member States and the European Commission to take steps to make a decisive impact on the eradication of poverty by Building a more inclusive European Union became thus an essential element in achieving the Union's ten year strategic goal of sustained economic growth, more and better jobs and greater social cohesion. It was also agreed that Member States should co-ordinate their policies for combating poverty and social exclusion on the basis of an 'Open Method of Co-ordination' (OMC). The OMC is based on common objectives covering four main themes: to facilitate participation in employment and access by all to resources, rights, goods and services; to prevent the risk of exclusion; to help the most vulnerable; and to mobilise all relevant bodies. Member States have translated these objectives into national policies through National Action Plans for poverty and social exclusion (NAPs/Inclusion). The Amsterdam Treaty, introduced also sustainable development as a core objective of the European Union as set out in Articles 2, 3 and 6 of the EC Treaty. In 2001, the European Union adopted its Sustainable Development Strategy in Gothenburg. In 2002, the external dimension of the Strategy was added by the European Council in Barcelona and the European Union was active in supporting the conclusions of the World Summit on Sustainable Development in Johannesburg. The European Union has a wide approach to sustainable development and considers that economic, social and environmental dimensions must go hand-in-hand and mutually reinforce one another. Sustainable development aims at the continuous improvement of the quality of life on earth of both current and future generations. It is about safeguarding the earth s capacity to support life in all its diversity. It is based on the principles of democracy and the rule of law and respect for fundamental rights including freedom and equal opportunities for all. It brings about solidarity within and between generations. It seeks to promote a dynamic economy with a high level of employment and education, of health protection, of social and territorial cohesion and of 1 1

2 environmental protection in a peaceful and secure world, respecting cultural diversity 2. In the Communication of February 2005 to the spring European Council ("Working together for growth and jobs. A new start for the Lisbon strategy"), the Commission recognised that making growth and jobs the immediate target goes hand in hand with promoting social and environmental objectives. The Lisbon Strategy is an essential component of the overarching objective of sustainable development set out in the Treaty: improving welfare and living conditions in a sustainable way for present and future generations. The interconnection between the environmental, social and economic pillars of sustainable development is becoming a question of growing importance for the Union. The link between social and economic policies has been widely explored. The same applies to the link between environmental and economic policies. By contrast, the interest in the social/environmental interface is relatively recent and evidence on the impact of environmental policies on social policies (in particular social cohesion/inclusion policies) and vice versa is still limited. Although the Commission has recently undertaken a review of some of these links, (see Working Document of the Services on the links between environment and employment policies 3 ) the interaction between these policies needs to be better understood so that policies in the two fields can take advantage of positive interactions and avoid negative interactions. An example of how environmental policies might be socially regressive could be the disproportionate impact of higher energy taxes (or higher goods' prices) on poorer households. Environmental degradation might also tend to affect more the vulnerable groups in society. Lower income groups might have higher exposure to health risks and as a result social inequities in the distribution of environmental-related diseases might exist. Social inclusion policies (e.g. energy subsides) might also have an environmental impact. All this should be analysed taking into account differences in consumption patterns and environmental behaviour by socioeconomic status. At policy level, major efforts are required to reduce poverty, to achieve economic progress, to improve environmental protection and to reduce unsustainable consumption and production patterns. A key issue is whether these goals are compatible with each other and how they can be pursued in a mutually reinforcing way. There is clearly an increasing need to treat these aspects in a comprehensive way. 3. SUBJECT OF THE CONTRACT The purpose of the contract is to commission a study that will improve our understanding of the interdependencies between social cohesion/inclusion and SEC (2005)

3 environmental sustainability and to contribute to the development of better and mutually reinforcing policies for both areas. It is envisaged that the research will involve a combination of desk research, statistical analysis as well as comparative policy analysis. The study should draw on existing data and research in this area, (e.g. EUROSTAT data, Research Framework Programme studies on sustainable development, OECD work and recent book on "the distributional effects of environmental policy"). The team in charge of the project should be multidisciplinary and comprise the full range of expertise required (notably social, environmental and health matters, statistics and methodology). 4. PARTICIPATION The competition is open to any physical person or legal entity coming within the scope of the Treaties and any other physical person or legal entity from a third country which has concluded with the European Community a specific agreement in the area of public contracts, under the conditions provided for in that agreement. Where the Multilateral Agreement on Public Contracts concluded within the framework of the WTO applies, the contracts are also open to nationals of States that have ratified this Agreement, under the conditions provided for therein. It should be noted that research and development services, which come under category 8 of Annex II-A of Directive 2004/18/EC, are not covered by this Agreement. In practice, the participation of applicants from third countries that have concluded a bilateral or multilateral agreement with the European Community in the area of public contracts must be allowed, under the conditions provided for in that agreement. 5. TASKS TO BE CARRIED OUT BY THE CONTRACTOR The project comprises three main tasks: A) Analysis of the environmental impact of households and individuals from different socio-economic groups Consumption patterns determine the environmental impact of individuals and households. They are likely to reflect in particular the person's socio-economic status. The study should propose a suitable concept for measuring the environmental impact of individuals/households and illustrate the environmental impact of different socio economic categories in the EU. In particular, it should examine how the generation of pollution and unsustainable resource use is distributed across socio-economic categories. The analysis should take account of direct (e.g. consumption of energy by households) as well as indirect uses of environmental resources (e.g. energy used for, or pollution caused by, the production of consumer goods used by a household). The concept of individuals'/households' environmental impact shall be expressed in a simple way (few figures and graphs) and a number of illustrative cases should be constructed using consumption patterns of certain household types. An attempt should be made to cluster household types according to their environmental impact. Significant cross-country differences for given types of households could also be 3

4 highlighted (e.g. linked to different climate conditions). If there is a gender dimension, this should be highlighted. The study should also look at markets for environment-friendly ('green') products and services, their consumption by various households types and the overall impact such of green products. B) Analysis of the impact of pollution and unsustainable resources use on different population groups In a separate strand, the study should examine which population groups in the EU suffer most from pollution and unsustainable use of environmental resources, either directly or indirectly (e.g. through increased exposure to poor environmental conditions or through the impact on households of higher prices from the overuse of certain resources such as energy, water or land). The study should describe these impacts, notably on income and living conditions and on health and life expectancy. As far as possible, the study should attempt to quantify impacts (not necessarily at an aggregate level, but this should be attempted for typical cases). The groups should be defined by socio-economic category and any other relevant characteristics such as place of residence (urban/rural), age, gender, educational status, etc. A particular focus should be on groups that are at risk of poverty and other forms of social exclusion. The study should not only consider the current impact, but also present likely future developments regarding pollution, environmental disasters (e.g. resulting from climate change) and rising costs of natural resources and how this would impact various populations groups. In this context, the study should present various environmental long term scenarios and analyse the social impact of such developments, identifying clearly the main threats as well as the possibilities for, and costs of, averting them. C) Policy synergies between social cohesion/inclusion policies and environmental policies The study should examine the impact of environmental policies on social cohesion/inclusion and, as far as appropriate, the impact of social cohesion/inclusion policies on environmental sustainability. The study should also identify best practices at EU level where social and environmental policies are mutually reinforcing and propose adequate policy measures. More concretely, The study should identify environmental policies that impact on social inclusion and in particular those that risk deepening social exclusion. For instance it should analyse how environmental taxation or price changes related to energy, water or waste affect different population groups and in particular the most vulnerable, and the extent to which adverse impacts can be mitigated. The use of public spending for achieving greater sustainability should also be assessed from the point of view of social cohesion (e.g. investment in energy efficiency of social housing vs. tax incentives for private home owners). The effectiveness of different sustainable consumption policies relating to energy 4

5 efficiency and waste generation should be considered for different socio-economic groups. The study should also identify social cohesion and inclusion policies that could adversely affect environmental sustainability, and it should propose ways in which these negative outcomes can be avoided by changing or modifying policies. For instance the study should analyse the environmental impact of housing policies, urban development policies, public transport policies, energy policies (notably energy subsidies for certain households). The study should identify social and environmental policies which are mutually reinforcing. This will mean identifying synergies between policies which promote environmental sustainability and those which promote social cohesion/inclusion and suggesting how these can be further deepened. To the extent that they already exist, examples of good practice in Member States should be identified. On the basis of theoretical considerations and the identification of good practice, the study should define policies that can reduce environmental impacts and increase the quality of life. For this, a wide range of relevant areas should be considered including housing, energy, transport, urban regeneration, waste disposal. This should result in the identification of sustainable development measures that would be particularly beneficial to the most vulnerable population groups (e.g. public transport reducing pollution in city centres inhabited by low-income populations or house insulation which reduces heating bills and thus the risk of fuel poverty). The study should pay particular attention to the comparative impact on both sustainability and social cohesion of the main types of policy approaches aimed at reducing environmental impacts, namely pricing mechanisms (e.g. environmental taxes), regulatory instruments (e.g. emission limits, standards for energy efficiency) and positive incentives (support for more sustainable products and services). The study should propose Sustainable Development Indicators integrating both environmental and social aspects (see, Sustainable Development Indicators web page of EUROSTAT) 4. Finally, the study should consider factors which lead to the implementation of social and environmental policies which are mutually reinforcing. This could include, for example, the existence of Local Agenda 21 5 plans or of integrated approaches towards urban or transport planning. The study (part (a), (b) and (c)) shall draw on information gathered from a range of different countries including a number of countries that can be regarded as representative of the Member States, acceding countries and EEA Countries 4 &_schema=portal 5 5

6 participating in this sub-strand of the Community Action Programme on social exclusion 6. Relevant examples from outside Europe should also be considered. The contractor will also have to assist the Commission in the preparation of a Conference that will take place after the submission of the study. The Contractor is expected to prepare a concept, a programme for this conference and the list of invitees. He will also have to make a presentation of the study and its main conclusions. The costs as well as the logistics and organisation of the Conference will be borne by the Commission. Travel and accommodation costs for the contractor will also be paid for by the Commission and shall therefore not be included in the financial offer for the study. 6. PROFESSIONAL QUALIFICATIONS REQUIRED See Annex IV of the draft contract "CVs and classification of experts" See point 12(1.2) Selection criteria below 7. TIME SCHEDULE AND REPORTING 7.1. Time schedule See Article I.2. of the draft contract Additional requirements (specific deadlines for the performance of tasks): The contract will last 16 months from the official start of the contract which will be the date of signature of the contract by the two parties. Three meetings should be held between the team in charge of the study and the representatives of the Commission in Brussels. In addition, the team in charge of the study should attend and help the Commission services in designing a Conference for a public of policy makers where the main results should be presented. The first meeting (upon delivery of the inception report) will take place to discuss the methodology (in particular the categorisation of the social groups), the work plan and the time schedule. The second meeting will take the form of a workshop and will be organised, upon delivery of part A and B of the study (see point 5 above). Commission services and external experts will be invited to discuss the approach and results presented. The costs of the venue and of external experts attending this mid-term workshop will be borne by the Commission. 6 Norway, Iceland, Liechtenstein; Bulgaria and Romania 6

7 The third meeting will be organised upon the delivery of the draft final report (part A + B + C) The Conference should take place after the submission and approval by Commission services of the final report Reporting In addition to regular contacts with Commission officials, the following formal reporting requirements have to be complied with: An inception report and draft work program within one month after the signature of the contract and before the first meting with the Commission; Within 6 months after the official start of the contract a draft study covering part A and B of the study to be discussed at the second meeting/workshop with the Commission. 8 months after the start of the contract, an interim activity report providing a full description of the work carried out at this stage. This report will open the right to the interim payment. A concept, programme, list of potential invitees, an oral presentation of main results and the minutes/summary of the mid term workshop. Within 14 months after the official start of the contract, a draft final report covering part A+ B + C to be discussed at the third meeting with the Commission; Within 16 months after the official start of the contract: the final study in English an executive summary (20 pages) in English, French and German; (1 original and 2 copies plus electronic version in a web friendly format and publishable format) taking into account comments on the draft report made by the Commission services. A final activity report, providing a full description of the work carried out, a presentation of the deliverables produced and results achieved and any comments, suggestions or recommendations judged useful; A concept, programme, list of potential invitees, for the final Conference, a presentation at the conference and a report summarising the main conclusions of the conference. The Reports and related annexes and material will remain the property of the Commission. Any dissemination and publication of these deliverables will be subject to previous agreement and authorisation by the Commission. 7

8 8. PAYMENTS AND STANDARD CONTRACT In drawing up the bid, the tenderer should take into account the provisions of the standard contract comprising the "General terms and conditions applicable to service contracts". Payments under the Contract shall be made in accordance with Article II.4. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous periods have not been executed as a result of default of negligence on the part of the Contractor Pre-financing Following signature of the Contract by the last contracting party, within 30 days of the receipt by the Commission of a request for pre-financing payment with a relevant invoice, a pre-financing payment equal to 30% of the total amount referred to in Article I.3.1 shall be made Interim payment Requests for interim payments by the contractor shall be admissible if accompanied by: - an interim technical report (Part A and B) in accordance with the instructions in section 7, - the relevant invoices. The Commission shall have 45 days to approve or reject the report, and the contractor shall have 30 days in which to submit new documents. Within 30 days of the date on which the Commission approves the report, a payment corresponding to 70% of the total referred to in Article of the model contract shall be made. It shall be reduced where appropriate by the amount of pre-financing previously paid to the contractor Payment of the balance The request for payment of the balance of the Contractor shall be admissible if accompanied by: the final technical report in accordance with the instructions laid down in section 7, provided the report has been approved by the Commission the relevant invoices, The Commission shall have 45 days from the receipt to approve or reject the report, and the Contractor shall have 30 days in which to submit additional information or a new report. 8

9 Within 30 days of the date on which the report is approved by the Commission, payment of the balance of the total amount referred in Article I.3.1 shall be made. N.B. The interim payment will not be done before 8 months after the start of the contract. 9. PRICE The maximum amount available for this contract is 425,000. Tenderers should note that any bid exceeding this limit will not be considered. Under the terms of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities, the latter are exempt from all charges, taxes and duties, including value added tax; such charges may not therefore be included in the calculation of the price quoted. The amount of VAT is to be indicated separately. The price must be stated in EUR( ), net of VAT (using, where appropriate, the conversion rates published in the C series of the Official Journal of the European Union on the day when the invitation to tender was issued), and broken down according to the model in Annex III included in the attached standard contract. The format given in Annex III "Breakdown of prices" of the attached blank, draft contract MUST be followed and include: Part A: Professional fees and direct costs fees, expressed as the number of person-days multiplied by the unit price per working day for each expert proposed. Travel expenses and accommodation costs of the contractor and his staff or other people involved in the work (including at least the 3 meetings planned in Brussels), Other direct costs Reporting expenses; Translation expenses; Any unavoidable expenses necessary to the achievement of the Contract Part B: Reimbursable expenses Contingencies, if any (maximum 3 % of part A) Total price= Part A + Part B (ought not to exceed in total) 10. COMPOSITION OF A PARTNERSHIP OR CONSORTIUM If a partnership or consortium is envisaged, its composition should be specified, and the criteria listed under point 12 should be detailed for each individual member of the partnership. In addition, one of the consortium or partnership members must be 9

10 designated lead contractor and will assume full responsibility towards the Commission as regards both this bid and the future contract, as awarded. 11. EXCLUSION CRITERIA AND SUPPORTING DOCUMENTS Governed by Article 93 of the Financial Regulation Applicants or tenderers shall be excluded 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 their 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. Applicants or tenderers must certify that they are not in any of the situations listed above. Article 134 of the Implementation Arrangements Supporting documents: 1. The contracting authority shall accept, as satisfactory evidence that the candidate or tenderer is not in one of the situations described in points (a), (b) or (e) of Article 93 of the Financial Regulations, production of a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that these requirements are met. 2. The contracting authority shall accept, as satisfactory evidence that the candidate or tenderer is not in the situation described in point (d) of Article 10

11 93 of the Financial Regulations, a recent certificate issued by the competent authority of the State concerned. Where no such document or 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. 3. Depending on the national legislation of the country in which the tenderer or applicant is established, the documents referred to in paragraphs 1 and 2 above shall relate to legal entities and/or physical persons, including, where considered necessary by the awarding authority, company directors or any person with powers of representation, decision-making or control in relation to the tendered. Article 94 of the Financial Regulation: Contracts may not be awarded to candidates or 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. See Annex I (which may be used as a checklist) for the supporting documents accepted by the European Commission to be provided by applicants, tenderers or bidders. Any bid not including the supporting documents provided for in this Annex will be excluded. A written self-declaration by the candidate that he is not in the situation described by article a), b), d) and e) (see above) will not be accepted by DG Employment. 12. SELECTION CRITERIA The candidates will be selected on the basis of their financial and economic capacity and their technical capacity Economic and financial capacity to carry tasks set out in the tender specification must be demonstrated as follows: Full set of financial statements and accounts -balance sheet and profit and loss account for the past two years. These documents must be provided by each member of the consortium; 11

12 the tenderer (or consortium) must provide proof of turnover in the last financial year at least equivalent to 100% of the proposed price of the contract; Professional and technical capacity Project manager(s) and senior researchers should have a minimum of ten years experience and expertise in, as well as in-depth knowledge of social inclusion and social cohesion issues, including with regard to health (notably experience in social indicators and statistics and in using relevant databases and surveys), environmental and sustainable development issues (notably experience in environmental indicators and statistics and in using relevant databases and surveys), The other core experts should have experience of research in the area of social cohesion/inclusion, public health and or environmental and sustainable development issues. The tenderer should have 13. AWARD CRITERIA o A proven track record in the field of research and policy analysis, particularly in the areas mentioned above and access to information from a variety of countries. o A track record demonstrating its experience in carrying out similar assignments; o A research team (in-house experts and network) which should be multidisciplinary with the range and mix of research skills necessary and available to efficiently carry out the assignment. The contract will be awarded to the bid offering the best price/quality ratio, taking account of the following criteria: Quality and consistency of the tender (40%): Understanding of the context and nature of the project and the tasks to be carried out. The tenderer should provide detailed information on the subject matter and previous related research, identify the most relevant research questions and characterise the work to be done. Formal presentation and written quality of the tender (5%) Context of the study: the tenderer should demonstrate understanding of the topic and its background (20%) 12

13 Nature of the tasks to be carried out and results to be achieved: the tenderer should demonstrate understanding of the conceptual approach to be used by clearly identifying the issues to be addressed and the results to be achieved (15%) Quality of the methodology proposed (40%) Methodology proposed: the tenderer should describe how the analysis will be carried out, i.e. the various steps envisaged, the documentary efforts undertaken, the required data collection and research, the methodological approach (30%). Data quality and accessibility availability: the tenderer should describe the informatioin to be used, its quality, accessibility or availability and specify which information the tenderer can access directly or has at its disposal (10%) Work plan and work organisation (20%) Price Work organisation: The tenderer should explain how the team of experts will be organised and co-ordinated as well as the working methods within the team and with the relevant commission services. The coherence of the work plan and calendar would be an element for evaluation this criterion (5%) Composition of the team: The tenderer should detail the composition of the team (including the distribution of the tasks amongst the team members) and justify the adequacy of the team proposed to carry out the tasks of the work programme (15%) It should be noted that the contract will not be awarded to a tenderer whose bid receives less than 70% of the maximum number of points for the Award Criteria. The points total will then be divided by the price, with the highest-scoring bid being chosen. 14. CONTENT AND PRESENTATION OF BIDS Bidders must submit a full dossier in compliance with these specifications. Forms and other useful documents forming part of the call for tenders can be obtained by downloading on DG EMPL website: All requests for additional information must be sent to empl-e1-courrier@ec.europa.eu Content of the bid The bid must include: 13

14 all information and documents necessary to enable the Commission to appraise the bid on the basis of the exclusion, selection and award criteria (see points 11, 12 and 13 above; a bank ID form duly completed and signed by the bank; a "legal entity" form duly completed; the price; the detailed CVs of the proposed experts; the name and function of the contractor's legal representative (i.e. the person authorised to act on behalf of the contractor in any legal dealings with third parties); proof of eligibility: tenderers must indicate the State in which they have their registered office or are established, providing the necessary supporting documents in accordance with their national law Presentation of the bid Bids must be submitted in triplicate (i.e. one original and three copies). If possible, a CD-ROM containing an electronic copy of the bid (in.pdf or word files) should also be annexed. They must include all the information required by the Commission (see points 9, 10, 11, 12 and 13 above). They must be clear and concise. They must be signed by the legal representative. Unsigned bids will be rejected. They must be submitted in accordance with the specific requirements of the invitation to tender, within the deadlines laid down. 15. VALIDITY OF THE TENDER Tenders must be valid for up to 8 months after submission 14

15 Annex I Exclusion criteria (Article 93(1) FR) 1. Exclusion from a procurement procedure, Article 93(1) FR : «Candidates or tenderers shall be excluded from participation in a procurement procedure if: 1.1. (subparagraph 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 7 ; 1.2. (subparagraph b) they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata 8 ; Supporting documents to be provided by applicants, tenderers or bidders (Article 134 IR) Recent extract from the judicial record or recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance or Where no such certificate is issued in the country concerned : 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 Cf. supporting documents for Article 93(1)(a) FR above 7 See also Article 134(3) IR : Depending on the national legislation of the country in which the tenderer or candidate is established, the documents referred to in paragraphs 1 and 2 shall relate to legal persons and/or natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decision-making or control in relation to the candidate or tenderer. Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) Office: J27 1/122. Telephone: direct line (32-2) Fax: (32-2) Ralf.Jacob@cec.eu.int

16 Exclusion criteria (Article 93(1) FR) 1.3. (subparagraph c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; 1.4. (subparagraph 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 9 ; 1.5. (subparagraph e) they have been the subject of a judgment 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 10 ; 1.6. (subparagraph 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.» Supporting documents to be provided by applicants, tenderers or bidders (Article 134 IR) Declaration by the candidate or tenderer that he is not in the situation described Recent certificate issued by the competent authority of the State concerned confirming that the candidate is not in the situation described or Where no such certificate is issued in the country concerned : 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 Cf. supporting documents for Article 93(1)(a) FR above Declaration by the candidate or tenderer that he is not in the situation described 8 Cf. footnote n 1. 9 Cf. footnote n Cf. footnote n 1. 16

17 Exclusion criteria (Article 94 FR) Supporting documents to be provided by applicants, tenderers or bidders (Article 134 IR) 2. Exclusion from a procurement or grant award procedure Article 94 FR : «Contracts may not be awarded to candidates or tenderers who, during the procurement procedure: 2.1. (subparagraph a) are subject to a conflict of interest; Statement by the applicant, tenderer or bidder confirming the absence of conflict of interests, to be submitted with the application, bid or proposal 2.2. (subparagraph 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» 11. No specific supporting documents to be supplied by the applicant, tenderer or bidder It is the responsibility of the authorising officer, represented by the evaluation committee, to check that the information submitted is complete 12 and to identify any misrepresentation 11 Cf. Article 146(3) of the FR Implementing Rules: «the evaluation committee may ask candidates or tenderers to supply additional material or to clarify the supporting documents submitted in connection with the exclusion and selection criteria, within a specified time-limit.» and Article 178(2) of the FR Implementing Rules: «The evaluation committee may ask an applicant to provide additional proof or to clarify the supporting documents establishing financial and operational capacity, within a specified time-limit.» 12 Cf. footnote n 1 17