TENDER SPECIFICATIONS

Ref. Ares(2018)304829-18/01/2018 EUROPEAN COMMISSION DIRECTORATE-GENERAL REGIONAL AND URBAN POLICY Administrative Capacity Building and Programme Implementation II Administrative Capacity Building and European Solidarity Fund CALL FOR TENDERS N 2017CE16BAT088 Study on the use of technical assistance for administrative capacity building during the 2014-2020 period TENDER SPECIFICATIONS 1

TABLE OF CONTENTS TABLE OF CONTENTS... 2 1. INFORMATION ON TENDERING... 3 1.1. Participation... 3 1.2. Contractual conditions... 3 1.3. Compliance with applicable law... 3 1.4. Joint tenders... 3 1.5. Subcontracting... 4 1.6. Structure and content of the tender... 4 1.7. Identification of the tenderer... 5 2. TECHNICAL SPECIFICATIONS... 5 2.1. Background... 5 2.2. Description of the contract... 7 3. CONTENT, STRUCTURE AND GRAPHIC REQUIREMENTS OF THE DELIVERABLES... 13 3.1. Content... 14 3.2. Structure... 15 3.3. Graphic requirements... 15 4. EVALUATION AND AWARD... 15 4.1. Verification of non-exclusion... 15 4.2. Selection criteria... 16 4.3. Award criteria... 19 4.4. Ranking of tenders... 20 2

1. INFORMATION ON TENDERING 1.1. Participation 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, the participation to this procedure is also open to all natural and legal persons established in the countries that have ratified this Agreement, on the conditions it lays down. For British tenderers: Please be aware that after the UK's withdrawal from the EU, the rules of access to EU procurement procedures of economic operators established in third countries will apply to tenderers from the UK depending on the outcome of the negotiations. In case such access is not provided by legal provisions in force tenderers from the UK could be rejected from the procurement procedure. 1.2. 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. 1.3. 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 to Directive 2014/24/EU 2. 1.4. 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 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 1 See http://www.wto.org/english/tratop_e/gproc_e/gp_gpa_e.htm 2 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, 28.3.2014, p. 65). 3

operational liability. Nevertheless, tenderers must designate one of the economic operators as a 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. 1.5. Subcontracting Subcontracting is permitted but the contractor will retain full liability towards the Contracting Authority for performance of the contract as a whole. Tenderers are required to identify subcontractors whose share of the contract is above 10 %. During contract performance, the change of any subcontractor identified in the tender or additional subcontracting will be subject to prior written approval of the Contracting Authority. 1.6. Structure and content of the tender 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. Part E: Financial offer 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). Travel and subsistence expenses are not refundable separately. 4

1.7. Identification of the tenderer The tender must include a cover letter signed by an authorised representative presenting the name of the tenderer (including all entities in case of joint tender) and identified subcontractors if applicable, and the name of the single contact point (leader) in relation to this procedure. In case of joint tender, the cover letter must be signed either by an authorised representative for each member, or by the leader authorised by the other members with powers 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 joint tender) must provide a signed Legal Entity Form with its supporting evidence. The form is available on: http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm 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 joint tender. The form is available on: http://ec.europa.eu/budget/contracts_grants/info_contracts/index_en.cfm The tenderer (and each member of the group in case of 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. In the course of the procedure tenderers may be requested to register and provide a Participant Identification Code (PIC, 9-digit number), serving as the unique identifier of their organisation in the Participant Register. Tenderer(s) will receive instructions on how to create a PIC in due time. Upon communication of the tenderer's/applicant's PIC, the EU Validation Services (Research Executive Agency Validation Services) will contact the tenderer (via the messaging system embedded in the Participant Register) and request the latter to provide the supporting documents necessary to prove the legal existence and status and the economic and financial capacity of the organisation. All necessary details and instructions will be provided via this separate notification. 2. TECHNICAL SPECIFICATIONS 2.1. Background The European Regional Development Fund (ERDF), the Cohesion Fund (CF) and the European Social Fund (ESF) support regional development, cohesion and human capital with EUR 343 billion during the period 2014-2020. Out of that, EUR 11 billion (or 3.2 %) is 5

allocated to technical assistance (TA) at the initiative of Member States. Including national co-financing, the TA budget amounts to EUR 15 billion. TA may finance actions for preparation, management, monitoring, evaluation, information and communication, networking, complaint resolution, and control and audit (see Article 59 of Regulation (EU) No 1303/2013 3 ). An important share of TA is used for financing salaries of staff. The use of such a significant amount of public funds deserves attention and further analysis. Even more importantly, TA can make an important contribution to the successful implementation of cohesion policy. Good governance and an efficient public administration are key drivers of socio-economic development and innovation. In this context, the Commission would like to further investigate the use of TA at the initiative of Member States under the 2014-2020 period. The main interest is (i) to better understand how TA is used to ensure and strengthen the administrative capacity of Member States and to implement operational programmes and projects and (ii) to establish whether the use of TA is planned and monitored in a way as to ensure a sustainable strengthening of administrative capacity, i.e. in a way that goes beyond the life of an operational programme, 2.1.1. Related reports In recent years the European Commission contracted several studies covering different aspects of TA. As part of the ex post evaluation of cohesion policy in 2007-2013 the study on delivery system 4 analysed the role of TA in increasing the capacity of national and regional administrations in selected Member States (Bulgaria, Romania, Greece, Poland, Italy, the Czech Republic and Slovakia). In 2013, the European Commission selected an independent expert to assess the co-financing of staff costs through TA. The expert assessment 5 identifies the extent and modalities of cofinancing staff costs from technical assistance. 3 4 5 Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006. Delivery system: Final report, Work Package 12, Ex post evaluation of Cohesion Policy programmes 2007-2013, focusing on the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (CF), 30 August 2016. http://ec.europa.eu/regional_policy/sources/docgener/evaluation/pdf/expost2013/wp12_final_report.pdf Co-financing Salaries, Bonuses, Top-ups from Structural Funds during the 2007-2013 period, Final report, 6 February 2014. http://ec.europa.eu/regional_policy/en/information/publications/studies/2014/co-financingsalaries-bonuses-top-ups-from-structural-funds-during-the-2007-2013-period 6

Recently, the European Commission has contracted a study 6 on the administrative costs and burdens of the European Structural and Investment Funds. The result of this study is expected for the end of 2018. In 2017, the European Parliament issued a resolution on future perspectives for TA in cohesion policy 7 which recognises the important role of TA in all phases of implementation of cohesion policy. The resolution calls for a wide debate and analysis on the efficiency and results of TA. 2.1.2. Definition of administrative capacity building In the context of this study administrative capacity building is defined as a coherent set of actions to develop the capabilities of institutions relevant for cohesion policy. Relevant capabilities are to design, manage, monitor and evaluate operational programmes as well as to identify, design and implement structural reforms necessary for achieving the objectives of operational programmes. Administrative capacity building covers three key strands: 1) Structures and Processes: Public sector organisations should operate in a clear and stable institutional and regulatory framework, have been assigned clear responsibilities and tasks and have put in place an organisational chart that can deliver these tasks in an efficient way. 2) Human resources: The concerned institutions should have the ability to break down overall objectives and responsibilities into tasks and job descriptions, to estimate the number and qualifications of staff, to develop the competencies of staff, to fulfil recruitment needs and retain qualified personnel. Securing the timely availability of skilled and motivated staff is a key success factor in the management of public policies. 3) Systems and Tools: The concerned institutions should have appropriate instruments such as methods, guidelines, manuals, procedures, forms, IT systems, etc. Systems and tools enable organisations to transform tacit and implicit knowledge into explicit knowledge that can be shared across the organisation. 2.2. Description of the contract 2.2.1. General and specific objectives of the study The general objective of the study is to enhance the Commission's and other stakeholders' understanding of the (planned) use of TA at the initiative of Member States during the 2014-2020 period. 6 7 'New assessment of administrative costs and burdens in the European Structural and Investment (ESI) Funds'. The final report is expected to be published in the second half of 2018. European Parliament resolution of 18 May 2017 on future perspectives for Technical Assistance in Cohesion Policy. P8_TA-PROV(2017)0223 7

The study will create a better understanding of what TA is used for. It will present cases of sustainable administrative capacity building through TA, in particular in the area of Human Resource Development. The study will formulate recommendations on the effective and efficient use of TA. The specific objectives of the study are the following: a) Provide a general overview of TA budgets across the EU. The study will provide a quantitative overview of TA budgets across the EU. It will present this in aggregated form at the level of the EU, (groups) of Member States and categories of TA expenditures. b) Provide a detailed overview of TA budgets for selected operational programmes. The study will provide a quantitative and qualitative overview of TA budgets for a selected number of operational programmes. It will present TA budgets in aggregated form at the level of the EU, (groups) of Member States and thematic categories of TA expenditures. The allocation of TA budgets to different thematic categories will be analysed. Similarities and differences will be described. c) Describe good practice examples of administrative capacity building (with a focus on Human Resource Development) through TA. The study will include case studies that describe in detail how TA is planned and used for administrative capacity building in specific cases. The objective is to present good practices which can be disseminated to relevant stakeholders. Case studies may cover individual institutions, groups of institutions (e.g. intermediate bodies, audit authorities), Member States, programmes and categories of TA expenditure (e.g. staff training). Some of the cases will relate to Human Resource Development. d) Conclude on TA for administrative capacity building. Recommend good practices for administrative capacity building. The study will assess and conclude on the different approaches to TA for administrative capacity building, in particular for Human Resource Development. It will recommend good practices that could be implemented across the EU (or groups of Member States) to improve the use of TA in the future. 2.2.2. Scope The study will cover the (planned) use of TA at the initiative of the Member States cofinanced from the ERDF, the CF and the ESF for the period 2014-2020. The focus of the study is on the use of TA for administrative capacity building, in particular for Human Resource Development. 8

The general overview of TA budgets will cover all national and regional operational programmes co-financed from ERDF, CF and ESF as well as all European Territorial Cooperation (ETC) programmes. The detailed overview of TA budgets will cover all operational programmes fully devoted to TA and 25 operational programmes with a significant allocation to TA in the form of a separate priority axis. Some of the latter programmes will be ETC programmes. The good practice examples will be presented in the form of 10-12 case studies. They will cover at least eight different Member States and all three funds (i.e. at least one example per fund). At least five of the cases will relate to Human Resource Development. 2.2.3. Methodology The specific objectives will be addressed through a combination of the following methodologies: Desk research including documents review: Review of relevant documents by the Commission and national/programme authorities (e.g. operational programmes, annual plans for TA). Interviews with key stakeholders (for detailed overview of TA budgets and case studies): Key stakeholders to be interviewed are national authorities in charge of cohesion policy, desk officers in geographical units in Directorate-General Regional and Urban Policy (DG REGIO) and Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL) as well as other stakeholders identified by the Contractor or suggested by the Commission services. Indepth interviews will be conducted with institutions in charge of operational programmes selected for the detailed overview of TA budgets and with institutions concerned by the case studies. The Contractor is invited to make an estimate of the number of interviews needed for the different tasks in the inception report. Data collection and validation: Data will be collected from available documents and interviews. The extracted data will be validated by the concerned authorities in each Member State and/or the Commission. Data analysis: The data on TA budgets will be analysed with statistical methods (e.g. regression analysis) in order to reveal patterns in the use of TA. The technical offer will include further specification of the methodology to be used. 2.2.4. Tasks The study covers five tasks to be carried out by the Contractor. These are aligned to the objectives of the study. Task 1 Data collection Data on TA budgets will be used for the 'general overview of TA budgets' and for the 'detailed overview of TA budgets'. 9

General TA data (for the general overview of TA budgets) The Commission will provide data on TA budgets per operational/ ETC programmes, per year and 'categories of intervention' 8. The Contractor will check the plausibility of the data. Detailed TA data (for the detailed overview of TA budgets) The Contractor will collect data on TA budgets for all seven TA operational programmes 9 and for 25 additional operational/etc programmes with a large amount allocated to TA in the form of a separate priority axis. The latter 25 programmes will be selected with a view of having a geographically and thematically diverse set of programmes. The Contractor will collect as much as possible complete and accurate data. Where exact figures are neither provided nor estimated by the Member States, the Contractor will develop appropriate methodologies for making estimates. TA budgets will be split into thematic categories. In the inception report the Contractor is invited to present a coherent methodology for splitting TA expenditure into meaningful categories and mapping the collected data to the defined categories. The focus will be on TA expenditures for administrative capacity building. TA expenditures in other areas may be grouped more broadly. The following list may serve as an orientation for categorising TA expenditure. Staff training Management information system (incl. e-cohesion) Anti-fraud and corruption related actions Staff remuneration Studies, legal and technical advice Evaluations and audit services Information and communication services Events and conferences Office and equipment (incl. maintenance) Other services for preparation, implementation, monitoring and inspection of programme(s) 8 9 See ANNEX I of the Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014. The following Member States have a TA operational programme: Poland, Greece, Romania, Czech Republic, Slovakia, Portugal and France. 10

Task 2 General TA data Data analysis and presentation The general TA data (for all programmes) will be aggregated and presented at different levels (e.g. per category, groups of Member States, EU level). The data will be presented in form of tables and charts. Detailed TA data The detailed TA data (for the selected programmes) will be aggregated and presented at different levels (e.g. per 'categories of intervention', groups of Member States, EU level). Further, it will be analysed in relation to the thematic TA categories with a view of revealing relevant patterns (e.g. similarities/differences across types of institution or Member States). The results of the analysis will be described and interpreted. Task 3 Case studies In the first interim report the Contractor will propose 14-16 relevant topics for the case studies covering a balanced mix of Member States. Out of these the Commission will select 10-12 topics to be further developed to case studies. For the selected cases, the Contractor will describe in detail how TA is used to develop administrative capacity, in particular in the area of Human Resource Development. The case studies may cover individual institutions or groups of institutions (e.g. managing authority and intermediate bodies, audit authorities). At least 5 of the cases will relate to Human Resource Development. The case studies will present good practices which can be disseminated to relevant stakeholders. The context in which TA is applied will be presented and the effectiveness of the system will be assessed. In particular, the Contractor will identify key factors and background conditions for the effective use of TA and investigate to what extent these good practices can or cannot be applied in other contexts. Where applicable, the Contractor will also analyse lessons learned during the introduction and implementation of the good practice examples. The Contractor is invited to develop a set of questions to be covered by the case studies. The following questions (not exhaustive) may serve as guidance. In which organisational context is the practice taking place? What are the main tasks and responsibilities related to the practice? How and on what basis was TA allocated to this action/different actions (e.g. need analysis, strategic planning)? What are the main achievements of the practice? What are the key conditions for successful implementation? What makes the practice an efficient and effective use of TA? What lessons can be drawn from the implementation of the practice? 11

Task 4 Conclusions and recommendations First, the study will assess and conclude on different approaches to TA for administrative capacity building, in particular for Human Resource Development and recommend good practices for implementation. Second, the study will formulate recommendations that spell out good practices and more general approaches that could be implemented across the EU (or groups of Member States) to improve the use of TA in the future. The focus will be on measures with a proven impact on sustainable change in public administration. Task 5 Organisation of workshop The Contractor will present the results of the assignment at a half-day workshop in Brussels and assist the Commission in preparing the workshop with around 80-100 participants from Member States, the Commission and from other stakeholders (e.g. academia). This task also includes proposing an agenda and organising 3-5 speakers (including travel costs) for the workshop and preparing a written summary of the discussions and conclusions of the workshop. Venue and catering will be organised and paid for by DG REGIO. Participants will pay for their own travel costs. 2.2.5. Deliverables Deliverable for Task 1 and Task 2: General and complete overview of TA use (planned and implemented) for all OP s, complemented with more in depth analysis of specific data for selected number of OP s. This should give a good and coherent overview for analysis and recommendations and set the framework for the next tasks. Deliverable for Task 3: A report with an overview and in depth analysis of a selected number of case studies which can serve as good practice of use of TA, with a focus on administrative capacity building and human resources. The lessons learnt should be transferable. Deliverable for Task 4: The draft study should combine the findings of tasks 1, 2 and 3 into a coherent report with analytical findings and concrete recommendations for the different stakeholders on how to use TA in the most efficient and effective way, with a focus on administrative capacity building and human resources development. Deliverable for Task 5: Organisation of the workshop: the contractor will be responsible for the programme (mainly based on outcomes of tasks 1, 2, 3 and 4). Conclusions of the workshop will feed into the final report. The Contractor is expected to provide the deliverables according to the specified timeline. 12

No. Deliverable Timeline Meeting 1. within 2 weeks Kick-off meeting with steering group 2. Inception report containing a detailed methodology and work plan within 1.5 months 3. within 2 Meeting with months steering group 4. Interim report No.1 containing: - general and detailed overview of TA budgets Tasks 1 and 2, - proposals for case studies - part of Task 3. within 7 months 5. within 7.5 Meeting with 6. Interim report No. 2 containing: - case studies remaining part of Task 3, - conclusions and recommendations Task 4. months within 12 months 7. within 12.5 months 8. Draft final report containing the revised versions of the Month 16 interim reports No. 1 and No. 2. Tasks 1-4 9. within 16.5 months 10. Presentation of results in a workshop in Brussels Month 17 Part of Task 5 11. Final report containing: Month 18 - summary of discussions and conclusions of the workshop Task 5, - the revised draft final report Tasks 1-4, - a publishable executive summary. steering group Meeting with steering group Meeting with steering group The Contractor is expected to be available for five scheduled meetings (see table above) and if necessary for one additional meeting. The meetings will be organised by the Commission and will normally take place within two weeks after delivery of a report at the Commission premises. The Contractor is also expected to be available for the workshop. 2.2.6. Duration The execution of the tasks shall not exceed 18 months starting from the day of the signature of the contract by both parties. 3. CONTENT, STRUCTURE AND GRAPHIC REQUIREMENTS OF THE DELIVERABLES The contractor must deliver the study and other deliverables as indicated below. All reports will be submitted in English in an easily accessible style. A French or German version needs to be provided only for the executive summary of the final report. Detailed information on the format is provided. Each deliverable will be examined by the Commission (a DG REGIO-led steering group), which may ask for additional modifications or propose changes in order to redirect the work if necessary. 13

The inception and interim reports will be submitted in electronic format, preferably as Word document. The final report shall be submitted both in paper (two hard copies) and electronic format (four CDs, Word and PDF format or equivalent application compatible with MS Office). The Contractor will provide the complete database with TA expenditures in Excel or similar format. 3.1. Content 3.1.1. Final study report The final study report must include: - an abstract of no more than 200 words and an executive summary of maximum 6 pages, in English and German or French; - specific identifiers 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/study/article/publication ] are those of the author(s) and do not necessarily reflect the official opinion of the 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. 3.1.2. Publishable executive summary The publishable executive summary must be provided in both in English and German or French and must include: - specific identifiers 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/study/article/publication ] are those of the author(s) and do not necessarily reflect the official opinion of the 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. 3.1.3. 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: http://ec.europa.eu/ipg/standards/accessibility/index_en.htm 14

For the publishable versions of the study, abstract and executive summary, the contractor must respect the W3C guidelines for accessible pdf documents as provided at: http://www.w3.org/wai/. N/A 3.2. Structure 3.3. 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: http://ec.europa.eu/dgs/communication/services/visual_identity/index_en.htm 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. 4. EVALUATION AND AWARD The evaluation is based solely on the information provided in the submitted tender. It involves the following: Verification of non-exclusion of tenderers on the basis of the exclusion criteria Selection of tenderers on the basis of selection criteria Verification of compliance with the minimum requirements set out in these tender specifications Evaluation of tenders on the basis of the award criteria The contracting authority may reject abnormally low tenders, in particular if it established that the tenderer or a subcontractor does not comply with applicable obligations in the fields of environmental, social and labour law. The tenders will be assessed in the order indicated above. Only tenders meeting the requirements of one step will pass on to the next step. 4.1. Verification of non-exclusion All tenderers must provide a declaration on honour (see in Annex), signed and dated by an authorised representative, stating that they are not in one of the situations of exclusion listed in that declaration on honour. In case of joint tender, each member of the group must provide a declaration on honour signed by an authorised representative. 15

In case of subcontracting, subcontractors whose share of the contract is above 10 % must provide a declaration on honour signed by an authorised representative. The successful tenderer must provide the documents mentioned as supporting evidence in the declaration on honour before signature of the contract and within a deadline given by the Contracting authority. This requirement applies to each member of the group in case of joint tender and to subcontractors whose share of the contract is above 10 %. The obligation to submit supporting evidence does not apply to international organisations. A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not required to submit the documentary evidence if it has already been submitted for another procurement procedure and provided the documents were issued not more than one year before the date of their request by the contracting authority and are still valid at that date. In such cases, the tenderer must declare on its honour that the documentary evidence has already been provided in a previous procurement procedure, indicate the reference of the procedure and confirm that that there has been no change in its situation. A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not required to submit a specific document if the contracting authority can access the document in question on a national database free of charge. 4.2. Selection criteria Tenderers must prove their legal, regulatory, economic, financial, technical and professional capacity to carry out the work subject to this procurement procedure. The tenderer may rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. The tender must include the proportion of the contract that the tenderer intends to subcontract. 4.2.1. Declaration and evidence The tenderers (and each member of the group in case of joint tender) and subcontractors whose capacity is necessary to fulfil the selection criteria must provide the declaration on honour (see in Annex), signed and dated by an authorised representative, stating that they fulfil the selection criteria applicable to them individually. For the criteria applicable to the tenderer as a whole the tenderer (sole tenderer or leader in case of joint tender) must provide the declaration on honour stating that the tenderer, including all members of the group in case of joint tender and including subcontractors if applicable, fulfils the selection criteria for which a consolidated assessment will be carried out. This declaration is part of the declaration used for exclusion criteria (see section 4.1) so only one declaration covering both aspects should be provided by each concerned entity. After contract award, the successful tenderer will be required to provide the evidence mentioned below before signature of the contract and within a deadline given by the 16

contracting authority. This requirement applies to each member of the group in case of joint tender and to subcontractors whose capacity is necessary to fulfil the selection criteria. A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not required to submit the documentary evidence if it has already been submitted for another procurement procedure and provided the documents were issued not more than one year before the date of their request by the contracting authority and are still valid at that date. In such cases, the tenderer must declare on its honour that the documentary evidence has already been provided in a previous procurement procedure, indicate the reference of the procedure and confirm that that there has been no change in its situation. A tenderer (or a member of the group in case of joint tender, or a subcontractor) is not required to submit a specific document if the contracting authority can access the document in question on a national database free of charge. 4.2.2. Legal and regulatory capacity Tenderers must prove that they are allowed to pursue the professional activity necessary to carry out the work subject to this call for tenders. The tenderer (including each member of the group in case of joint tender) must provide the following information in its tender if it has not been provided with the Legal Entity Form: - For legal persons, a legible copy of the notice of appointment of the persons authorised to represent the tenderer in dealings with third parties and in legal proceedings, or a copy of the publication of such appointment if the legislation applicable to the legal person requires such publication. Any delegation of this authorisation to another representative not indicated in the official appointment must be evidenced. - For natural persons, if required under applicable law, a proof of registration on a professional or trade register or any other official document showing the registration number. 4.2.3. Economic and financial capacity criteria The tenderer must have the necessary economic and financial capacity to perform this contract until its end. In order to prove their capacity, the tenderer must comply with the following selection criteria. - Turnover of the last two financial years above EUR 500,000; this criterion applies to the leader tenderer as a whole, i.e. the combined capacity of all members of a group in case of a joint tender. Evidence (to be provided on request): - Copy of the profit and loss accounts and balance sheet for the last two years for which accounts have been closed from each concerned legal entity; - Failing that, appropriate statements from banks. If, for some exceptional reason which the Contracting Authority considers justified, a tenderer is unable to provide one or other of the above documents, it may prove its economic and financial capacity by any other document which the Contracting Authority considers 17

appropriate. In any case, the Contracting Authority must at least be notified of the exceptional reason and its justification. The Commission reserves the right to request any other document enabling it to verify the tenderer's economic and financial capacity. 4.2.4. Technical and professional capacity criteria and evidence A. Criteria relating to tenderers Tenderers (in case of a joint tender the combined capacity of all members of the group and identified subcontractors) must comply with the criteria listed below. The evidence must be provided only on request. The project references indicated below consist in a list of relevant services provided in the past three years, with the sums, dates and clients, public or private, accompanied by statements issued by the clients. - Criterion A1: The tenderer must prove experience in the field of cohesion policy as well as in data collection, data analyses, drafting reports and recommendations. Evidence A1: the tenderer must provide references for 3 projects delivered in these fields in the last three years with a minimum value for each project of 100 000. - Criterion A2: The tenderer must prove capacity to work in English. Evidence A2: the tenderer must provide references for 3 projects delivered in the last three years showing the necessary language coverage. - Criterion A3: The tenderer must prove capacity to draft reports in English. Evidence A3: the tenderer must provide one document of at least 10 pages (report, study, etc.) in this language that it has drafted and published or delivered to a client in the last two years. The verification will be carried out on 5 pages of the document. - Criterion A4: The tenderer must prove its capacity to work in 6 EU countries. Evidence A4: the tenderer must provide references for 3 projects delivered in the last three years. The combination of projects must cover at least 6 EU countries. B. Criteria relating to the team delivering the service: The team delivering the service should include, as a minimum, the following profiles. Evidence will consist in CVs of the team responsible to deliver the service. Each CV should indicate the intended function in the delivery of the service. B1 - Project Manager: At least 6 years of experience in project management, including overseeing project delivery, quality control of delivered service, client orientation and conflict resolution experience in project of a similar size (at least 100 000) and coverage (at least 4 countries covered), with experience in management of team of at least 5 people. 18

Evidence: CV B2 - Language quality check: at least 2 members of the team should have at least C1 level in the Common European Framework for Reference for Languages 10 in English. Evidence: a language certificate or past relevant experience. B3 - Expert in in EU cohesion policy: At least 6 years of professional experience. Relevant higher education degree or equivalent professional experience and at least 4 years of professional experience in the field. Evidence: CV B4 - Team for data collection and data analysis: collectively the team of at least 2 people should have knowledge and proven experience of 6 years in data collection and analysis techniques. Evidence: CV 4.3. Award criteria The contract will be awarded based on the most economically advantageous tender, according to the 'best price-quality ratio' award method. The quality of the tender will be evaluated based on the following criteria. The maximum total quality score is 100 points. Quality of the proposed methodology (50 points - minimum score 50%) Sub-criterion 1.1 (20 points minimum score 50%): Describe the approaches and methods intended to use for the study. Sub-criterion 1.2 (10 points minimum score 50%): Identify relevant information sources on Technical Assistance budgets and spending that can be used for the study. Sub-criterion 1.3 (10 points minimum score 50%): Describe the approach to defining relevant categories within Technical Assistance. Sub-criterion 1.4 (10 points minimum score 50%): Describe the approach to selecting case studies. Organisation of the work and resources (30 points minimum score 50%) This criterion will assess how the roles and responsibilities of the proposed team and of the different economic operators (in case of joint tenders, including subcontractors if applicable) are distributed for each task. It also assesses the global allocation of time and resources to the project and to each task or deliverable, and whether this allocation is adequate for the work. 10 See http://www.coe.int/t/dg4/linguistic/cadre1_en.asp 19

The tender should provide details on the allocation of time and human resources and the rationale behind the choice of this allocation. Details should be provided as part of the technical offer. It is not a budget requested as part of the financial offer. Quality control measures (20 points minimum score 50%) This criterion will assess the quality control system applied to the service foreseen in this tender specification concerning the quality of the deliverables, the language quality check, and continuity of the service in case of absence of the member of the team. The quality system should be detailed in the tender and specific to the tasks at hand; a generic quality system will result in a low score. Tenders must score minimum 50% for each criterion and sub-criterion, and minimum 60 % in total. Tenders that do not reach the minimum quality levels will be rejected and will not be ranked. 4.4. Ranking of tenders The contract will be awarded to the most economically advantageous tender, i.e. the tender offering the best price-quality ratio determined in accordance with the formula below. A weight of 60/40 is given to quality and price. Score for tender x = cheapest price X100 X 40 + Total quality score (out of 100) X60 price of tender x The tender ranked first after applying the formula will be awarded the contract. 20