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EU-OSHA/RSC/2015/HR-01

TENDER SPECIFICATIONS EU-OSHA/RSC/2015/HR-01

Provision of Medical Services to EU-OSHA

OPEN TENDER PROCEDURE

- FRAMEWORK SERVICE CONTRACT -

TENDER DOCUMENTS ARE AVAILABLE FOR DOWNLOAD AT:

http://osha.europa.eu/about/call s

EU-OSHA – European Agency for Safety and Health at Work

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TABLE OF CONTENTS1. Introduction..................................................................................................................................

1.1. The European Agency for Safety and Health at Work................................................................

1.2. Background specific to this call for tender..................................................................................

1.3. Definition of a tender...................................................................................................................

1.4. Participation in this tender..........................................................................................................

1.5. Contractual approach of this tender............................................................................................

1.6. Implementation of the framework contract..................................................................................

1.7. Terms of payment.......................................................................................................................

1.8. Time schedule for this tender.....................................................................................................

2. Description of the requested tasks and services......................................................................

2.1. Medical examinations and vaccination.......................................................................................

2.1.1. Pre-recruitment medical visits..........................................................................................

2.1.2. Annual medical examinations..........................................................................................

2.1.3. Vaccination campaigns....................................................................................................

2.2. Medical advisory services...........................................................................................................

2.2.1. Medical advice on compliance with regulatory framework...............................................

2.2.2. Control of absences for medical reasons.......................................................................

2.2.3. Other advisory services..................................................................................................

2.3. Occupational health prevention................................................................................................

2.4. Maintenance of medical files....................................................................................................

2.5. Place of delivery.......................................................................................................................

2.6. Data protection.........................................................................................................................

3. General guidelines.....................................................................................................................

3.1. Contacts between EU-OSHA and the tenderer........................................................................

3.1.1. Written clarification before the closing date....................................................................

3.1.2. Contacts between EU-OSHA and tenderers after the closing date................................

3.2. Submission of an offer by a consortium of companies..............................................................

3.3. Subcontracting..........................................................................................................................

3.4. Confidentiality and public access to documents.......................................................................

3.5. Additional important information...............................................................................................

4. Content of the tender.................................................................................................................

4.1. Part A — Administrative part and supporting documentation...................................................

4.2. Part B — Technical proposal....................................................................................................

4.2.1. Understanding of the level of services...........................................................................


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4.2.2. Management approach..................................................................................................

4.3. Part C — Financial proposal.....................................................................................................

5. Presentation of the offer............................................................................................................

5.1. Lots...........................................................................................................................................

5.2. Layout.......................................................................................................................................

5.3. Language..................................................................................................................................

5.4. Double envelope system..........................................................................................................

5.4.1. Postal address...............................................................................................................

5.4.2. Date for submission.......................................................................................................

6. Assessment and award of the contract....................................................................................

6.1. Stages in the procedure............................................................................................................

6.1.1. Offer opening session....................................................................................................

6.1.2. Offer evaluation session.................................................................................................

6.2. Exclusion criteria.......................................................................................................................

6.3. Selection criteria.......................................................................................................................

6.3.1. Administrative capacity..................................................................................................

6.3.2. Economic and financial capacity....................................................................................

6.3.3. Technical and professional capacity..............................................................................

6.4. Award criteria............................................................................................................................

6.4.1. Financial Evaluation.......................................................................................................

6.4.2. Award.............................................................................................................................

Annex 1 : Checklist...........................................................................................................................

Annex 2a: Declaration of Honour on Exclusion Criteria .............................................................

Annex 2b: Legal Entity Form............................................................................................................

Annex 2c: Financial Identification Form..........................................................................................

Annex 2d: Administrative tender data form....................................................................................

Annex 3: Consortium form (if applicable).......................................................................................

Annex 4: Subcontracting form (if applicable).................................................................................

Annex 5: Technical form...................................................................................................................

Annex 6: Financial form....................................................................................................................

Annex 7: Curriculum Vitae model....................................................................................................

Annex 8: Pre-recruitment and annual examinations......................................................................

Annex 9: Medical certificate.............................................................................................................

Annex 10: Legal Framework.............................................................................................................

Annex 11: List of 2015 EU-OSHA public holidays..........................................................................

Annex 12: Model of framework contract and sample of order form.............................................


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Annex 13: Mission allowances.........................................................................................................

1. Introduction

1.1. The European Agency for Safety and Health at WorkThe European Agency for Safety and Health at Work (EU-OSHA) is an Agency of the European Union (EU) and one of the decentralised community bodies. Its central role is to contribute to the promotion of safer, healthier and more productive workplaces by developing, analysing and disseminating information on occupational safety and health (OSH).

As a tripartite organisation, EU-OSHA works closely with governments and employers’ and workers’ representatives in order to share good practice and reach workers and workplaces across Europe.

Located in Bilbao, Spain, EU-OSHA has a dedicated staff of health and safety specialists and a network of partners in all Member States and beyond. As well as running Europe-wide information campaigns, EU-OSHA also publishes scientific research in print and online media. EU-OSHA’s main safety and health information network is made up of focal points in all EU Member States and candidate, potential candidate and European Free Trade Area (EFTA) countries. Focal points are normally the national OSH authorities representing EU-OSHA and supporting its activities such as the Healthy Workplaces Campaign.

According to Article 19 Council Regulation (EC) No 2062/94, of 18 July 1994, the Protocol on the Privileges and Immunities of the European Communities shall apply to EU-OSHA.

Information held by EU-OSHA is treated according to the principles governing the protection of data in the European Union. Further information about EU-OSHA and its work can be found on its website at: https://osha.europa.eu/en/about .

1.2. Background specific to this call for tenderEU-OSHA is a multi-cultural and multi-lingual organisation. At present, approximately 70 staff members (1/3 males, 2/3 women) are working at EU-OSHA. These staff members come from a wide of national, professional and cultural backgrounds. Their functions vary from occupational health and safety related research and data analysis to administrative and managerial tasks.

Staff members employed by EU-OSHA are subject to the Staff Regulations of Officials (SR) and the Conditions of Employment of Other Servants of the European Union (CEOS) (Council Regulation No 259/68 of 29 February 1968, amended by the Council Regulation No 1023/2013 of 22 October 2013)1.

EU-OSHA staff members are not subject to national employment law, nor are they members of national health and social security schemes.

1.3. Definition of a tenderFor its organisation and functioning, EU-OSHA is in constant need of goods and services. Tendering is the structured way to consult the market for the purchase of these goods and services.

The purpose of competitive tendering for awarding contracts is twofold:

to ensure the transparency of operations;

1 Full text available here.


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http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1962R0031:20140101:EN:PDF


to obtain the desired quality of services, supplies and works at the best possible price.

The applicable regulations, namely Directive 2004/18/EC and Commission Regulation No 2342/2002, oblige EU-OSHA to guarantee the widest possible participation, on equal terms, in tendering procedures and contracts.

1.4. Participation in this tenderParticipating in tendering procedures shall be open on equal terms to all natural and legal persons coming within the scope of the European Treaties.

1.5. Contractual approach of this tenderThrough this call for tender EU-OSHA intends to establish a framework contract with a specialised external contractor for a period of four years.

The framework contract will be concluded between EU-OSHA and the successful tenderer for an initial period of one year from the date it is signed by EU-OSHA and may be renewed up to three times, each time for a period of one year. Unless terminated by either party by registered letter not later than two months before it expires, the framework contract may be extended automatically for three successive periods of one year, on the understanding that thereafter no further automatic extension will be possible.

The estimated value of the framework contract for the whole period (four years) will be 120,000 € and 30,000 € on a yearly basis.

The estimated volume of services is indicated below:

Services (yearly) Maximum allocated budget (EUR)

1. Medical examinations and vaccinations 10.000

2. Medical advisory services 13.000

3. Occupational health prevention 7.000

The submission of an offer implies acceptance of the terms and conditions specified in the draft framework contract, including the ‘General terms and conditions applicable to contracts’, and all provisions laid down in these specifications, annexes and, where applicable, additional documents.

A framework contract places reciprocal obligations on both parties with regard to those elements which are unalterably and unequivocally established when the framework contract is concluded, such as price, subject, basic performance conditions and duration.

The framework contract will contain legal, financial (including price revision rules), administrative and technical provisions, applicable during its validity period.

The framework contract will include the tasks and services described in the specifications for tender. The offer will form an integral part of the framework contract, as will these specifications.

Any results or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the framework contract shall be owned solely by EU-OSHA, as appropriate, which may use, publish or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the framework contract being entered into.


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The contractor must ensure that all the services provided are delivered free of rights including copyright and other intellectual or industrial property rights (see model of framework contract in Annex 12).

For the entire duration of the framework contract, the contractor must provide sufficient resources to guarantee the stability and the quality of the services necessary for proper performance of the order forms.

The framework contract imposes no obligation on EU-OSHA to call on the services of the contractor. Only implementation of the framework contract through order forms is binding on EU-OSHA.

1.6. Implementation of the framework contractThe Medical Centre shall appoint a coordinator, who will be the point of contact for the Human Resources (HR) Section for all matters linked to the framework contract.

The coordinator will be regularly informed about the required services listed under section 2. As the precise quantities and times for deliveries or performance cannot be determined in advance, tasks are to be carried out on the basis of order forms drawn up by EU-OSHA after consultation with the contractor and consistent with the tenderer’s financial proposal.

Within 10 working days of an order form being sent by EU-OSHA to the contractor, EU-OSHA should receive it back, duly signed and dated. The period allowed for the execution of the task shall start to run from the date the last party signs the order form.

The contractor will be responsible for developing and agreeing with EU-OSHA a reporting system for expenditure charged against the order forms in order to keep EU-OSHA regularly informed.

In accordance with Article II.14 of the draft framework contract, an audit of the contractor’s compliance with his contractual obligations may be carried out by EU-OSHA at the end of the framework contract.

A sample order form can be found in Annex 12 for information.

A kick-off meeting will be organised between the contractor and EU-OSHA after signature of the framework contract at EU-OSHA’s offices in Bilbao, Spain. All expenses will be borne by the tenderer (including travel and accommodation costs, per diems and staff fees).

1.7. Terms of paymentWith respect to the order forms signed under the framework contract, payments will be made against acceptance by EU-OSHA of agreed deliverables and provision of the necessary supporting documentation and reports as indicated in the sample framework contract in Article I.4.

The medical advisory services will be requested by the HR Section and shall be invoiced based on the number of verified medical certificates, the number of controls of absences and the number of hours spent for any other advisory services described above. The invoices shall be paid on a quarterly basis and in accordance with the relevant order forms.

Pre-recruitment and annual examinations will be invoiced on quarterly basis.

Quartely payments will be done upon acceptance of activity reports.

No advance payment shall be made and therefore no financial guarantees will be required.


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1.8. Time schedule for this tenderTask Date Comments

Launch date 25/06/2015 Contract notice sent to Official Journal

Deadline for request of clarifications from EU-OSHA 25/08/2015 http://osha.europa.eu/en/about/calls

Deadline for submission of offers 01/09/2015 16:00 local time

Opening session (public) 03/09/2015 10:30 in EU-OSHA premises

Date for evaluation of offers mid September Estimated

Notification of award(s) to the selected tenderer(s) 4th week Sept. Estimated

Framework contract(s) signature 15/10/2015 Estimated

2. Description of the requested tasks and services EU-OSHA intends to find a Contractor (hereby referred to as the “Medical Centre”) for the provision of medical services to EU-OSHA in accordance with the specifications and performance terms described in the present document.

EU-OSHA shall comply with the various requirements which are defined in the Staff Regulations of Officials (SR) and the Conditions of Employment of Other Servants (CEOS) of the European Union. Therefore EU-OSHA seeks to contract a Medical Centre who will assist in fulfilling its obligations by providing medical services in the following areas:

1. Medical examinations and vaccinations including pre-recruitment medical examinations, annual medical examinations and vaccinations;

2. Medical advisory services on the compliance with health and safety requirements according to the SR, the CEOS and any other applicable implementing rules;

3. Occupational health prevention to ensure appropriate occupational health requirements within the EU-OSHA’s premises.

The Medical Centre shall act only upon instructions received by EU-OSHA. All data related to medical examinations of the EU-OSHA’s staff shall be maintained and updated by the Medical Centre in individual medical files and the strictest confidentiality shall be guaranteed.

The Medical Centre shall at any time strictly comply with the medical code of ethics and any relevant rules applicable in Spain and it shall respect the professional discretion in medical matters. In no case shall the Medical Centre substitute EU-OSHA staff’s family doctors, general practitioners or specialists. In addition, the Medical Centre cannot prescribe/deliver medicine, perform/prescribe medical examinations (other than for the purposes mentioned in section 2.2. below), cures or any other forms of medical treatments. Moreover, the Medical Centre cannot issue medical certificates and authorise sick leave for the staff of EU-OSHA.

The Medical Centre shall comply with the legal requirements as well as the quality standards certificates required under Spanish law in order to operate as a recognised Medical Centre.


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http://osha.europa.eu/en/about/calls


2.1. Medical examinations and vaccinations

2.1.1. Pre-recruitment medical visitsThe aim of the pre-recruitment medical examination is to check and certify that future staff members are physically fit to perform their duties in line with Article 28(e) of the SR. The pre-recruitment medical examinations shall include medical visit, laboratory test (urine analysis and blood test), further tests and exams according to the list specified in Annex 8. The Contractor must be able to carry out the whole of pre-recruitment medical visit for one candidate within one single morning.

The HR Section of the EU-OSHA will send by email, in English language, the request to the selected Contractor to schedule a medical appointment for the pre-recruitment medical examination of the future staff member. The request will be sent as much in advance as possible and at least three (3) working days before the potential date of the examination. It will contain names, date of birth and nationality of the candidate/s and specify the service - Pre-recruitment medical examination - which the Medical Centre should undergo. The request will also contain the date on which the candidate/s have previously agreed with the HR Section to undergo the pre-recruitment medical visit. The selected Contractor must confirm to the HR Section by email within 24 hours the acceptance of the request and the exact day and hour of the examination.

The Medical Centre carries out the tests and exams in its premises with a customer oriented approach that limits the delays and waiting lists but no later than three (3) working days from the date of the enquiry. In case the Medical Centre cannot comply with this requirement it has to indicate in the tender the minimum and maximum notice needed to carry out the pre-recruitment medical examinations.

The Contractor carries out the tests, exams and visit included in the pre-recruitment medical examination as described in Annex 8. The Medical Centre shall issue a medical certificate indicating the decision related to the medical fitness of the future staff member; the original of that certificate shall be forwarded to EU-OSHA’s HR Section and a copy addressed to the future staff member. The medical certificate shall be drafted in accordance with the model specified in Annex 9.

Furthermore, the results of the tests must be dispatched to the HR Section as soon as possible, and preferably no later than 5 working days from the date when the pre-recruitment medical examination was carried out. The Medical Centre shall keep the original and a copy will be delivered to the HR Section in the form of a sealed envelope marked “confidential” that must specify the typology of the service - Pre-recruitment medical examination - and the name of the person to which it was made.

In case further examinations are considered necessary by the Contractor, it is requested to contact directly the HR Section and give all necessary information on further examination needed. The further exams considered necessary by the Medical Centre and approved by EU-OSHA will be invoiced directly to EU-OSHA.

The Contractor must be able to guarantee for EU-OSHA staff members a sufficient level of flexibility for the cancellation and request of modification of fixed appointments, in particular for pre-recruitment medical visits which are carried out for future staff members mainly coming from all over Europe, for the purpose of the medical visit only. This flexibility policy must be clearly indicated in the technical proposal and will be considered as a positive element in the technical proposal.

2.1.2. Annual medical examinationsAll EU-OSHA staff members shall undergo a medical examination every year either by the EU-OSHA’s Medical Centre or by a medical practitioner chosen by them (Article 59(6) of the Staff Regulations). The aim of the annual medical examination is to detect early enough any health issue and/or illness.


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The list of medical examinations is indicated in Annex 8. The Contractor must be able to carry out at the same seat, and preferably within the morning of one single day the standard laboratory tests listed in the annual medical examination.

The HR Section will coordinate with the Medical Centre in order to schedule an appointment to carry out the annual medical examination as confirmed by the HR Section. EU-OSHA will provide the coordinator of the medical centre at least one week in advance, the list of names of the staff members who shall undergo the annual medical examinations.

The request of appointment must be done by e-mail, clearly specifying name, date of birth, nationality and type of medical visit with the details on the prescription of the examinations. The Contractor will make available to this effect a single e-mail address to which the HR Section can address the requests.

The Contractor must guarantee the capacity to organise appointments on very short notice, according to the staff members' availability.

The Contractor will confirm to the HR Section by email the date (or range of dates) when the annual medical examination can be carried out. The Contractor must ensure that the results of all examinations will be made available in original and one copy. The Medical Centre shall keep the original and a copy will be delivered to the HR Section in the form of a sealed envelope that must specify the typology of the service - Annual medical examination - and the name of the person to which the test was made.

If dully justified by the results of the medical examination, the Medical Centre can advise the staff member concerned to undergo additional tests. The staff member concerned is free to decide whether to do those additional tests as the purpose of the annual examination is to prevent any illness or health problems and he/she shall bear the costs for those tests. In any case, the outcome of those additional tests would have to be discussed with the family doctor or the general practitioner of the staff member concerned and not with the EU-OSHA’s Medical Centre.

Any additional laboratory tests carried out outside the aforementioned standard laboratory tests will not be EU-OSHA liability.

2.1.3. Vaccination campaignsEU-OSHA may request the Contractor to organise yearly vaccination campaigns against influenza and any other vaccination campaigns when applicable. The HR Section will send to the Medical Centre the list of staff members interested in the vaccination at least one week in advance. The Medical Centre will propose several dates to carry-out the vaccination campaigns during the late summer-autumn season and the HR Section will confirm by email the most suitable ones. The Medical Centre will carry out the vaccinations at EU-OSHA’s premises according to a pre-agreed schedule in order to ensure high participation of the staff in the vaccination campaign.

2.2. Medical advisory services

2.2.1. Medical advice on compliance with regulatory frameworkThe Medical Centre will be invited to provide EU-OSHA with advice on the compliance with the health and safety requirements according to Articles 59 and 60 of the SR, Articles 16, 59, 60 and 91 of the CEOS and the applicable implementing provisions on absences as a result of sickness or accident. These are the legal provisions governing sick leave related matters at EU-OSHA (Annex 10).


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Specifically, the Medical Centre shall deal with absences due to sick leave, medical examinations outside the place of employment, sick leave away from the place of employment and medical part-time.

In addition, supporting documents for special leaves due to health reasons (for ex. special leave due to serious illness of a child or spouse) shall also be examined.

The Medical Centre shall:

Ensure the control of the medical certificates transmitted to him/her via email or any other way and perform the required tasks to ensure the compliance with the SR and the CEOS;

Inform the HR Section of all absences for health reasons (sick leave, medical part-time etc.) indicating the dates of the absence and their validity by email; this information shall be provided to EU-OSHA at the latest within a week.

If required by EU-OSHA and in justified cases contact the staff on sick leave by telephone and contact the doctor of the staff member.

2.2.2. Control of absences for medical reasonsThe Medical Centre shall appoint one of its doctors to carry out at the request EU-OSHA visits of control of staff absenteeism. The purpose of the visit is to ensure that staff absence is justified and that the duration of the absence is in proportion with the nature of the illness.

The visit to the concerned staff member shall be carried out within four (4) days after the request from the HR Section. In case of sick absences of long duration the controls may be implemented every two months. The appointed doctor shall inform, assess and orientate the staff on sick leave to look for the best treatment with regards to the origin of the illness motivating the absences. S/he shall provide information, advise and recommend actions to facilitate the reincorporation of the staff member.

The appointed doctor shall provide a report to the HR Section at the end of each control of staff absenteeism confirming/not confirming if the absence is justified and indicating the estimated period for the recovery of the staff member.

2.2.3. Other advisory servicesWithin the scope of the medical advisory services the Medical Centre may be requested to participate to the meetings of the Inter-institutional Medical College (IIMC) of the European Union. The IIMC is composed by medical advisers of the European institutions and agencies and it regularly meets twice/three times a year in Brussels. Travel and subsistence allowance costs related to the fulfilment of this task will be reimbursed by EU-OSHA in accordance with the mission rules applied to its staff (see Annex 13). The Medical Centre is encouraged to network with the medical advisers of the other EU institutions and clarify medical issues that might arise in the course of his/her duties.

The Medical Centre may also be invited to participate in the Invalidity Committee or assist the medical service of the European Commission in the recognition of accidents or occupational diseases.

The HR Section may contact the Medical Centre to enquire about the medical system and medical facilities in Bilbao, including recommendation of medical clinics and specialists in relation with specific requests.

2.3. Occupational health preventionThe Medical Centre shall, upon EU-OSHA request, guarantee the performance of the activities required to ensure that the working environment within the EU-OSHA’s premises meets the relevant occupational health requirements. These activities may include, as an indicative and non-exhaustive


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list, checking the ergonomics of EU-OSHA workplaces, ad-hoc analysis of the working environment (lighting, quality of air in the offices, heating/air conditioning, emergency drills, etc.), providing advice on the improvement of the working environment, delivering periodic training occupational health issues and first aid support to EU-OSHA staff members.

EU-OSHA may request the Contractor to give recommendations and tailored advice on staff physical ergonomics (working postures, materials handling, repetitive movements, work related musculoskeletal disorders, workplace layout, safety and health). This may be through either one to one advice to each staff member or through a general review of ergonomics with presentation to staff, depending on EU-OSHA’s requirements.

2.4. Maintenance of medical filesThe selected Contractor will be responsible to create, maintain and update a medical file for each staff member where all results of the pre-recruitment and medical examinations carried out would have to be archived together with all relevant documents related to staff absences.

The medical file shall only be accessible to the Medical Centre and the staff member concerned and all information contained therein shall be kept strictly confidential. The Medical Centre shall be responsible for obtaining the medical files from the previous Contractor and transferring them to the new Medical Centre at the end of the contracting period.

2.5. Place of deliveryThe place of performance of the services shall be the Contractor’s premises in Bilbao or at any other place designated by the Contractor and agreed upon by EU-OSHA. The Medical Centre shall guarantee that a female and male doctor is available for all medical visits in case of specific request by the (future) staff member of EU-OSHA.

The premises in which the services are performed should be suitable, accessible and facilitating access by people with different abilities. Travel costs born by the contractor to reach EU-OSHA premises are not reimbursed.

The control of absence visits shall be performed at the residence of the staff member. Travel costs to reach EU-OSHA’s staff with their residence within the area of Bilbao are not reimbursed. Where necessary, the control may take place at the patient’s home country. In these circumstances EU-OSHA may ask the doctor in charge of control of absences to travel to any of the EU Member States to assess the health conditions of EU-OSHA’s staff member. In this case, the General Conditions of the Framework Service contract shall apply. The applicable daily subsistence allowances shall be the same as those granted to EU-OSHA staff on missions (see Annex 13).

2.6. Data protectionPerformance of the Framework Contract covered by this tendering procedure will require the processing of personal data (in particular, the medical data of the staff members) by the Contractor. When processing this data, the selected Contractor is bound to observe scrupulously European law adopted in application of Directive 45/2001/EC of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Additionally the successful tenderer is bound to observe dispositions of Article II.6 of the Framework Service Contract (Processing of Personal Data). The Medical Centre shall ensure that all medical data in electronic and paper format are exclusively stored in its premises under strict custody.


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3. General guidelines

3.1. Contacts between EU-OSHA and the tenderer

3.1.1. Written clarification before the closing dateRequests for clarification regarding this procurement procedure or regarding the nature of the contract can be sent by mail, fax or email bearing the reference “Call for tender EU-OSHA/RSC/2015/HR-01” to:

European Agency for Safety and Health at WorkHR SectionEdificio MiribillaSantiago de Compostela, 1248003 BilbaoSpain

Email: [email protected]

Each request for clarification sent to EU-OSHA should indicate the reference number, the title of the tender.

The deadline for clarification requests is indicated in the time schedule in section 1.8 Time schedule for this tender of this technical specifications.

EU-OSHA will provide additional information resulting from a request for clarification in writing.

Please also check regularly the related web section, where all questions and answers related to this call will be published: http://osha.europa.eu/en/about/calls/

If EU-OSHA discovers an error, a lack of precision, an omission or any other type of clerical defect in the text of the contract notice or in the specifications for tender, EU-OSHA will inform candidates of its own accord.

Requests for additional information received less than five (5) working days before the closing date for submission of tenders will not be processed. Any additional information, including that referred to above, will be made publicly available as part of a list of questions and answers that will be compiled and regularly updated on EU-OSHA’s website at: http://osha.europa.eu/about/calls .

3.1.2. Contacts between EU-OSHA and tenderers after the closing date

If, after the tenders have been opened, some clarification is required in connection with a tender, or if obvious clerical errors in the submitted tender must be corrected, EU-OSHA may contact the tenderer, although such contact may not lead to any alteration of the terms of the submitted tender.

3.2. Submission of an offer by a consortium of companiesJoint offers from consortia of providers are permitted provided that conditions for adequate competition are observed. Tenders from consortia of firms or groups of providers, contractors or suppliers must specify the role, the qualifications and experience of each member of the group.

The consortium must clearly indicate which provider will be carrying out which tasks as well as who has been appointed by the others as the lead partner. The lead partner shall be the contracting party


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http://osha.europa.eu/about/calls

http://osha.europa.eu/en/about/calls/

mailto:[email protected]


with EU-OSHA and shall be responsible for the overall performance of the contract and management of the other members of the consortium; however, all partners must assume joint and several liabilities towards EU-OSHA.

Notwithstanding the above, each member of the consortium must be eligible in accordance with the exclusion criteria in section 6.2 Exclusion criteria and provide the required evidence. In addition, members must be capable of performing the contract in accordance with the selection criteria in section 6.3 Selection criteria and complete Annex 3: Consortium form (if applicable).

Tenders must include the means of control provided by the incorporation law of the constituent legal entities. If the consortium is not already legally established, in the event of a joint tender being awarded the contract, EU-OSHA will require the tenderers to give a formal status to the proposed association before the contract is signed.

See additional information in section 6.3.3 Technical and professional capacity .

3.3. SubcontractingThe tenderer must indicate clearly which parts of the work will be subcontracted. The total value of the subcontracted part of the services cannot represent the total value of the contract. All subcontractors must satisfy all criteria applicable to the award of the contract.

If the identity of the intended subcontractor(s) is already known at the time of submitting the tender, all subcontractors must provide the required evidence for the exclusion and selection criteria (sections 6.2 and 6.3) and complete Annex 4: Subcontracting Form (if applicable) .

If the identity of the subcontractors is not known at the time of submitting the offer, the tenderer who is awarded the contract will have to seek EU-OSHA’s prior written authorisation before entering into a subcontract. Where no subcontractor is given, the work will be assumed to be carried out directly by the tenderer.

See additional information in section 6.3.3 Technical and professional capacity .

3.4. Confidentiality and public access to documentsAll documents presented by the tenderer become the property of EU-OSHA and are deemed confidential.

Follow-up of responses to the invitation to tender will require recording and processing of personal data (e.g. name, address, CV). In this respect, EU-OSHA observes Regulation (CE) 45/2001 on the protection of individuals with regard to the processing of personal data by Community institutions and on free movement of data. Unless mentioned otherwise, personal data and responses given to questions are necessary for the purpose of assessing tenders and will only be processed by EU-OSHA for this purpose. Any queries concerning the processing of personal data should be addressed to EU-OSHA’s data protection officer. Recourses may be addressed to the European Data Protection Supervisor2.

Regarding public access to documents, in the general implementation of its activities and for the processing of tendering procedures in particular, EU-OSHA observes the EU Council regulation 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.

3.5. Additional important information2 http://edps.europa.eu


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http://edps.europa.eu/


The tenderer shall be bound by the submitted offer for a period of six months following the closing date for submission. The successful tenderer must maintain this offer for a further 90 days from the date of notification of the award.

EU-OSHA will not reimburse expenses incurred in preparing and submitting offers. EU-OSHA will not reimburse expenses incurred in attending opening sessions.

Completing the adjudication or the procedure of the call for tenders in no way imposes on EU-OSHA an obligation to award the contract. EU-OSHA shall not be liable for any compensation with respect to tenderers whose offers have not been accepted, nor shall EU-OSHA be liable when deciding not to award the contract.

4. Content of the tender Tenderers are expected to examine carefully and respect all instructions and standard formats contained in these specifications for tender. The documentation will consist of documents both in digital format (USB stick) and in printed format.

All tenders must consist of the following parts:

Part A: Administrative part and supporting documentation.

Part B: Technical proposal.

Part C: Financial proposal.

4.1. Part A — Administrative part and supporting documentation

The supporting documentation is an important part of the offer and must be complete to guarantee that the tenderer’s technical proposal will be evaluated.

The administrative part must contain all the information and documents required by the contracting authority for the appraisal of tenders and, in particular, the following documents:

Checklist (Annex 1: Checklist)

Declaration of honour – Exclusion criteria (Annex 2a: Declaration of Honour with respectto the Exclusion Criteria and absence of conflict of interest)

Legal Entity Form (Annex 2b: Legal Entity For) including all documents required by this form

Financial Identification Form () including all documents required by this form

Administrative Tender Data Form (http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm)

If applicable, the Consortium form (Annex 3: Consortium Form (if applicable))

If applicable, the Subcontracting form (Annex 4: Subcontracting Form (if applicable))

Supporting documents for the selection criteria (all documentation requested in section 6.3 Selection criteria )

4.2. Part B — Technical proposal


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This section is of great importance in the assessment of the tenders, the award of the contract and the future execution of any resulting contracts. The technical proposal must meet all the specifications set out in the award criteria. Tenders must be specific and realistic while remaining clear and concise, in terms of both content and presentation.

The technical proposal must be presented in a paper version and in an electronic version (USB memory stick or equivalent).

The technical proposal will be assessed against the criteria set out in section 6.4 Award criteria.

Tenderers must provide a detailed and factual document of maximum 5000 words and 12 pages, presenting the tenderer’s approach in two parts:

4.2.1. Understanding of the level of servicesTenderer shall include a description of how the required services will be delivered and which methodology will be used for the following:

medical examinations and vaccination medical advisory services occupational health prevention maintenance of medical files

4.2.2. Management approachIn addition, tenderers should demonstrate:

Description of the mechanisms envisaged to ensure that the services will be provided under the optimal conditions, notably in terms of data protection

Work organisation: how to guarantee sufficient ressources for continuity and quality of services in case of peak loads

Work processes: a detailed description of the workflows and timelines for each service

Coordination: description of the role and responsabilities including quality control, tracking and reporting

Tenderers are requested to provide the information covering all the aspects included in the CFT but avoiding long documents including additional elements. Clarity and conciseness will be highly appreciated.

4.3. Part C — Financial proposalTenderers are requested to duly complete and submit the financial proposals (included in Annex 6).

The financial proposals must be presented in a paper version and in an electronic version (USB stick or equivalent).

Prices must be quoted in euros, and this applies also to tenderers from countries which are not part of the eurozone, using the conversion rates published in the C series of the Official Journal of the European Communities on the day when the invitation to tender was issued (see http://ec.europa.eu/budget/inforeuro).

For tenderers in such countries, the price quoted may not be revised in line with exchange-rate movements and the tenderer accepts the risks or benefits of any fluctuations.


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http://ec.europa.eu/budget/inforeuro


Prices should be quoted free of all duties, taxes and other charges, i.e. also free of VAT, as EU-OSHA is exempt from such charges in the EU under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ L 152, 13 July 1967).

For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT must be shown separately. In case of doubt about the applicable VAT system, it is the tenderer’s responsibility to contact national authorities to clarify the way in which the European Community is exempt from VAT.

All costs incurred in the preparation and submission of the tender are to be borne by the tenderer and will not be reimbursed.

5. Presentation of the offer

5.1. LotsNot applicable

5.2. LayoutThe tender must be clear and concise, with continuous page numbering on part B, so that it constitutes a coherent whole. As tenders will be judged on the content of their written offers, these must clearly demonstrate that the tenderer is capable of carrying out the work.

The offer should be signed by the legal representative and be perfectly legible in order to rule out any ambiguity.

5.3. LanguageOffers must be submitted in one of the official languages of the European Union. In order to ease and speed up the offer evaluation, English is the preferred language for submission.

Taking into account that English is the working language at EU-OSHA, all correspondence related to these tender specifications and the execution of the contract will be in English.

5.4. Double envelope system The documentation will consist of documents both in digital format (USB stick or equivalent) and in printed format.

Offers must be submitted in accordance with the double envelope system.

The outer envelope or parcel should be sealed with adhesive tape and signed across the seal and carry the following information:

the reference number of the tender (EU-OSHA/RSC/2015/HR-01);

the project title (Provision of medical services);

the name of the tenderer;

the indication ‘Offer — Not to be opened by the internal mail service’;

the address for submission of offers (see below).

The date of posting should be legible on the outer envelope.


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The three innermost envelopes are:

Envelope A — Administrative part and supporting documentation to selection cirteria: one original + one electronic version (USB stick or equivalent).

Envelope B — Technical proposal: one original (in paper, unbound, clearly marked ‘Original’ and each page to be signed/initialled), two copies (on paper, bound and each marked as ‘Copy’) and one electronic copy (USB memory stick or equivalent) as requested in section 4.2.

Envelope C — Financial proposal: one original (in paper, unbound, clearly marked ‘Original’ and each page to be signed/initialled), two copies (on paper, bound and each marked as ‘Copy’) and an electronic copy (USB memory stick or equivalent) as requested in section 4.3 .

5.4.1. Postal addressEuropean Agency for Safety and Health at WorkHR sectionEdificio MiribillaSantiago de Compostela, 1248003 BilbaoSpain

5.4.2. Date for submissionThe offer should be postmarked not later than the date indicated in the timetable in section 1.8 Timeschedule for this tender or submitted by hand not later than 16.00 hours on the same date.

6. Assessment and award of the contract

6.1. Stages in the procedureOffers will be opened and evaluated by persons possessing the technical and administrative capacities necessary to give an informed opinion on the offers. Members of the opening and evaluation panel are nominated on a personal basis by EU-OSHA under guarantee of impartiality and confidentiality.

6.1.1. Offer opening sessionThe main aim of the opening session is to check whether the offer received is compliant with the following formal requirements:

The offer was submitted not later than the submission deadline.

The envelope containing the offer is sealed.

The offer is written in any of the official languages of the European Union.

The technical offer is signed on each page and the administrative documentation is signed where signature is specified.


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The offer contains all parts as indicated in section 4 (Part A: Administrative part and supporting documentation; Part B: Technical proposal; Part C: Financial proposal);

EU-OSHA reserves the right to exclude offers that fail to comply with any of the above-mentioned requirements.

The opening session will take place on the date indicated in the time schedule in section 1.8 Time schedule for this tender at the premises of EU-OSHA.

Tenderers wishing to attend the opening session must send a request by email to [email protected] at least 48 hours before the day of opening, quoting the reference number of this tender and the lot number(s) and providing evidence of his legal capacity for attending the opening session (legal representative of the company or person having delegation of authority).

A maximum of one representative per tenderer may attend the opening session and their participation will be restricted to an observer role.

6.1.2. Offer evaluation sessionOffers complying with the formal requirements and checked during the opening session will be evaluated in three stages:

The evaluation committee discusses the eligibility of the tenderer to participate in the tendering procedure according to the exclusion criteria in section 6.2.

The evaluation committee checks the capacity of the tenderer to perform the contract(s) in view of the selection criteria in section 6.3. If one of the relevant criteria listed under the selection criteria is not positive, the offer may not be further evaluated.

The evaluation committee evaluates the technical proposals and awards a score for each tender according to the best quality/price ratio (section 6.4).

The contract will be awarded to the tenderer offering the best value for money, taking into account the award criteria.

The evaluation procedure is confidential. The evaluation committee’s deliberations are held in closed session and its decisions are collective. The members of the evaluation committee are bound to secrecy.

Each tenderer will be informed in writing about the outcome of the call for tender.

6.2. Exclusion criteria EU-OSHA shall accept a signed Declaration of honour as satisfactory evidence that the tenderer is not in one of the situations described in points (a) to (f) of the Declaration of honour (Annex 2a:Declaration of Honour with respect to the Exclusion Criteria and absence of conflict of interest).

The awarded tenderer shall furnish, within a time-limit specified by the awarding authority and prior to the signature of the contract, the additional documentation that is described in Annex 2a:Declaration of Honour with respect to the Exclusion Criteria and absence of conflict of interest.

In addition, the contract will not be awarded to tenderers who, during the procurement procedure:

are subject to a conflict of interest;

are guilty of misrepresentation in supplying the information required by EU-OSHA as a condition of participation in the contract award procedure or who fail to supply this information.


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Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or EU-OSHA during the process of examining, clarifying, evaluating and comparing tenders will lead to rejection of the offer and may result in administrative penalties.

These situations are covered by the Declaration of honour under points (g) to (l) in Annex 2a:Declaration of Honour with respect to the Exclusion Criteria and absence of conflict of interest .

6.3. Selection criteriaThe tenderer must submit evidence of capacity to perform the contract.

6.3.1. Administrative capacityAny tenderer has to prove that they are authorised to perform the contract under national law, as evidenced by inclusion in a trade or professional register, or a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register. (see Annex 2b: Legal Entity For, and http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm to be completed).

An economic contractor may, where appropriate and for a particular contract, 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 demonstrating that those entities have undertaken to place these resources at the disposal of the tenderer.

Under the same conditions, a consortium of economic contractors may rely on the capacities of members of the consortium or of other entities.

In the case of a consortium submitting an offer, each member of the consortium must provide the required evidence. In the case of ‘economic, technical and professional capacity’ (sections 6.3.2 and 6.3.3), the evidence provided by each member of the consortium will be checked to ensure that the consortium fulfils the criteria as a whole.

The evaluation committee will examine the offers to ensure that the information requested in the selection criteria has been provided and that the tenderer fulfils all these criteria. Offers which fail to include some of the information requested may be rejected outright.

6.3.2. Economic and financial capacity Proof of economic and financial capacity must be furnished by:

a statement of overall turnover and turnover concerning the provision of tasks and services described in this call (minimum requested is 30,000 €) for the last two financial years (a statement concerning other types of services will not be taken into consideration);

financial statements for, at most, the last two years for which accounts have been closed.

6.3.3. Technical and professional capacityThe purpose of this section is to detail the requirements that the tenderer must fulfil in order to be considered in the process.

In this context, this section will describe:


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Requirements. Documents to assure the fulfilment of the requirements regarding references of similar

projects, qualifications and resumés of the involved team. Documents to be provided in case of subcontracting or consortium.

The tenderer must demonstrate the ability to meet the following requirements:

a) Appropriate organisational and staffing structure for the services required by EU-OSHA under this call.

b) A minimum of three years’ experience of projects similar to the services described in this call, acquired in the period 2012–2014, for clients in the public and private sector at national/international level.

c) Competent staff to carry out the services. The coordinator and the main team members responsible for carrying out the tasks must have the appropriate educational qualifications and the professional experience in the services required under this call.

d) Appropriate facilities, technical equipment and material to carry out the services required.

The following documents and information must be presented as evidence of compliance with the technical and professional requirements:

For a) Tenderers shall supply:

A concise company profile (maximum 5000 words), describing the tenderer’s main current activities (including photos) and demonstrating the ability to provide services similar to those communicated in this call.

A description of the firm’s organisational structure (maximum 3000 words), including a statement of the average annual manpower and the number of managerial staff in the last three years. The tenderer must provide a description of the organisation and the hierarchy levels.

For b)Tenderers shall supply:

A list of the main contracts for which the services described in this call have been provided over the last three years.

For c)

Tenderers shall supply the the following documents detailing the educational and professional qualifications as follows:

CV of the coordinator who will be responsible for carrying out the tasks, reflecting his/her capacity to meet the requirements stated in this call;

Medical staff: minimum 4 CVs documenting that the tenderer is fully qualified and have the required competences (1 CV should be of the appointed doctor responsible for the clinical examinations foreseen in pre-recruitment and annual medical examination, 1 CV should be of the appointed doctor for the medical advisory services, 1 CV should be of the appointed doctor responsible for the visits of control of absenteeism, 1 CV should be of the doctor responsible for the occupational health prevention); the same information shall be provided for their respective back-up;

Proof of medical staff enrolment in the professional register; Certified copy of the medical staff degree in medicine;


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Proof that medical staff are allowed to practice medicine in Spain (at the deadline for submitting tenders), are practicing (at the deadline of submitting tenders) medicine in Spain and have been practicing medicine for at least 5 years;

Proof of English knowledge to be able to discuss about medical issues with non Spanish native speakers.

The CVs will be assessed in terms of technical expertise in managing similar projects, and priority will be given to seniority.

The CVs must show evidence of the experience and necessary/relevant qualifications.

Tenders are requested to use the European template, which can be downloaded at http://europass.cedefop.europa.eu/en/documents/curriculum-vitae/templates-instructions

The CVs must show evidence of language skills (min. B2 in English; other languages would be an asset)

The selected tenderer must commit to maintaining the team described in its technical proposal for the whole period of the contract. The selected contractor will not be able to replace the staff described in the tender without explicit authorisation from the Agency. The Agency may reject any CV considered inadequate.

For d)

Tenderers shall supply a short description of the firm’s premises and facilities, including a description of the technical equipment to be used to perform the tasks.

Documents to provide in the case of tender by a consortium and/or subcontracting :

Consortium: Each member of the consortium must provide evidence for:o Exclusion criteria and administrative datao Economic capacity (statement of overall turnover and turnover for the last two years)o Technical and professional capacity (concise company profile, list of main contracts)

The evidence provided by each member of the consortium will be checked to ensure that the consortium as a whole fulfils the criteria.

Subcontracting: The tenderer must clearly indicate which parts of the work will be subcontracted, and give the identity of all subcontractors.Each subcontractor should present proof of exclusion criteria, economic, technical and professional capacity by providing:

o Exclusion criteriao Administrative datao Economic capacity for the value of the subcontracted services (statement of overall

turnover and turnover for the last two years)o Concise company profile, including a short description of the subcontractor’s

economic activity demonstrating the ability to provide services that will be subcontracted to the company (maximum of 1500 words), including its activity with regards to the scope of this call

o Detailed CV(s) of the subcontractors’ staff related to the subcontracted tasks (for details on how to submit a CV, refer to ‘CV specifications’ above).

As the technical and professional capacity of tenderers will be assessed on the basis of the documents requested above, tenderers should note that any total or partial omission of


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http://europass.cedefop.europa.eu/en/documents/curriculum-vitae/templates-instructions


information for which one or more providers involved in the tender are responsible may lead EU-OSHA to exclude the tenderer from the rest of this procedure.


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6.4. Award criteriaOnce the tenderer has demonstrated the appropriate capacity to perform the contract on the grounds of the selection criteria, the offer will be assessed on the basis of the award criteria.

Offers will be examined from the perspective of quality in order to assign to each offer a quality score calculated according to the detailed rules set out in the following sections.

The quality score will be calculated by adding all the number of points obtained.

The respective weighting between the different qualitative awards criteria depends on the nature of the services required and is consequently closely related to the terms of reference. The award criteria are thus quantified parameters that the tender should comply with.

Technical offers should elaborate on all points addressed by these specifications in order to score as many points against the technical award criteria as possible. The mere repetition of mandatory requirements set out in these tender specifications, without going into detail or without giving added value, will only result in a very low score.

The technical award criteria will consider all elements of the three parts related to the quality of the tender as described in the table below:

Assessment criteria Information to be provided Score

Understanding of the level of services to be carried out

Tenders will be assessed in terms of their overall quality, suitablility and completeness. The tenderer will explain concisely but in detail how the methodology will guarantee a consistently high level of each of the following services:

- medical examinations and vaccination

- medical advisory services

- occupational health prevention

- maintenance of medical files

The description shall indicate how the contractor will continuously customise the services to EU OSHA requirements

500(min. 50%)

Management approach

Tenderers shall demonstrate a maximum efficiency in terms of organisation, flexibility, service orientation:

- describe the mechanisms envisaged to ensure that the services will be provided under the optimal conditions

- guarantee of sufficient resources for the continuity and the quality of the services offered in case of peak loads

- provide details of the coordination role and responsibilities- certificate of quality management ISO 9001 or equivalent

300(min. 50%)

Protection of medical data

Tenderer shall provide description of concrete measures ensuring protection of medical data according to Directive 45/2001/EC.

200(min. 50%)

Total score 1000(min. 65%)


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Only tenders which obtain the indicated minimum number of points, both for each award criterion and in total, will be considered for the next stage, which involves determining the financial value of the tender and for the final assessment.

6.4.1. Financial EvaluationIn order to evaluate the bids, EU-OSHA will use the reference price, based on the prices submitted by the tenderer and the method presented in Annex 6 Financial form.

Only this reference price will be taken into account when awarding the contract.

The cheapest financial offer will receive the maximum points (1000). The rest of the offers will be awarded in relation to the best tender as follows:

Financial score = (lowest price P ÷ price of tender in question).

6.4.2. AwardThe contract will be awarded to the tenderer with the highest final score, which will be calculated with the formula below:

Final score = Quality score (QS) + Financial score (FS)


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Annex 1: ChecklistThe checklist must be used to ensure that you have provided all the documentation for this tender and in the correct way. This checklist should be signed and included in envelope A of your offer.

Please tick the boxes Envelope ‘A’ must contain original copies of:

This checklist, completed, signed and dated

Declaration of Honour on Exclusion Criteria (Annex 2a), completed, signed and dated

Legal Entity Form (Annex 2b), completed, signed and dated

Supporting documents for the Legal Entity Form

Financial Identification Form (Annex 2c), completed, signed and dated

Supporting documents for the Financial Identification Form if applicable

Administrative Form (Annex 2d) completed

Statement of overall turnover and turnover for the last two years (see section 6.3.2)

Financial statements (last two years) for which accounts have been closed (see section 6.3.2)

Concise company profile (see section 6.3.3)

Description of organisational structure (see section 6.3.3)

List of main contracts (see section 6.3.3)

CVs (see section 6.3.3)

Description of contractor’s premises (see section 6.3.3)

In case of consortium, each member must provide:Consortium Form in Annex 3 completed, signed and dated

Declaration of Honour on Exclusion Criteria (Annex 2a),completed, signed and dated

Legal Entity Form (Annex 2b), completed, signed and dated, including all supporting documents

Administrative Tender Data Form (Annex 2d), completed



List of main clients (see section 6.3.3)


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In case of subcontracting, subcontractor must provide:Subcontracting Form in Annex 4 completed, signed and dated

Declaration of Honour on Exclusion Criteria (Annex 2a), completed, signed and dated

Legal Entity Form (Annex 2b), completed, signed and dated

Administrative Form, found in Annex 2d completed



CVs of staff related to subcontracted tasks (see section 6.3.3)

Envelope ‘B’ must contain

One signed original of the technical proposal

Two copies of the technical proposal

One electronic copy of the technical proposal (USB stick or equivalent)

Envelope ‘C’ must contain

One signed original of the financial proposal

Two copies of the financial proposal

One electronic copy of the financial proposal (USB memory stick or equivalent)

You should also ensure that:

Your offer is formulated in one of the official languages of the European Union, preferably in English

Both the technical and financial proposals of the offer are signed by the tenderer or its duly authorised agent

Your offer is perfectly legible in order to rule out any ambiguity

Your offer is submitted in accordance with the double envelope system as detailed in section 5.4

The outer envelope containing the offer is sealed

Full name: _______________________________________

Date: _______________________________________

Signature: _______________________________________


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Annex 2a: Declaration of Honour with respect to the Exclusion Criteria and absence of conflict of interest

The undersigned [name of the signatory of this form, to be completed]:

…………………………………………………………………………………………………………………….

in his/her own name (if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision making or control over the economic operator)

or

representing (if the economic operator is a legal person)

Official name in full (only for legal person):.…………………………………………………………………

Official legal form (only for legal person):……………………………………………………………………

Official address in full: ...............................................................................................................

VAT registration number: ....................................................................................................................

Declares that the company or organisation that he/she represents / he/she:

a. is not bankrupt or being wound up, is not having its affairs administered by the courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, and is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b. has not been convicted of an offence concerning professional conduct by a judgement which has the force of res judicata;

c. has not been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

d. has fulfilled all its obligations relating to the payment of social security contributions and the payment of taxes in accordance with the legal provisions of the country in which it is established, with those of the country of the contracting authority and those of the country where the contract is to be carried out;

e. has not 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 Union’s financial interests;

f. is not a subject of the administrative penalty for being guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in a procurement procedure or failing to supply an information, or being declared to be in serious breach of his obligation under contract covered by the EU budget.


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In addition, the undersigned declares on their honour:

g. they have no conflict of interest in connection with the contract; a conflict of interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest;

h. they will inform the contracting authority, without delay of any situation considered a conflict of interest or which could give rise to a conflict of interest;

i. they have not made and will not make any offer of any type whatsoever from which an advantage can be derived under the contract;

j. they have not granted and will not grant, have not sought and will not seek, have not attempted and will not attempt to obtain, and have not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to award of the contract;

k. that the information provided to EU-OSHA within the context of this invitation to tender is accurate, sincere and complete;

l. that in case of award of contract, they shall provide upon request the evidence that they are not in any of the situations described in points a, b, d, e above.

For situations described in (a), (b) and (e), production of a recent extract from the judicial record is required or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied. Where the Tenderer is a legal person and the national legislation of the country in which the Tenderer is established does not allow the provision of such documents for legal persons, the documents should be provided for natural persons, such as the company directors or any person with powers of representation, decision making or control in relation to the Tenderer.

For the situation described in point (d) above, recent certificates or letters issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the Tenderer is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions.

For any of the situations (a), (b), (d) or (e), where any document described in two paragraphs above is not 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.

By signing this form, the undersigned acknowledges that they have been acquainted with the administrative and financial penalties described under art. 133 and 134b of the Implementing Rules (Commission Regulation 2342/2002 of 23/12/02), which may be applied if any of the declarations or information provided prove to be false.

Full name Date Signature

………………………………………………… ……………………...

…………………………………..


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Annex 2b: Legal Entity Form

This form is to be downloaded, depending on the nationality of the tenderer, from the following website:

http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm#en

Annex 2c: Financial Identification Form

This form is to be downloaded, depending on the nationality of the tenderer, from the following website:

http://ec.europa.eu/budget/contracts_grants/info_contracts/financial_id/financial_id_en.cfm


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Annex 2d: Administrative Tender Data Form

IDENTIFICATION OF THE TENDERER (to be completed by the Tenderer)

IDENTITY

Name of Tenderer ……………………………………………. …………………………………………….

Legal form of Tenderer ……………………………………………. …………………………………………….

Date of registration ……………………………………………. …………………………………………….

Country of registration ……………………………………………. …………………………………………….

Registration number ……………………………………………. …………………………………………….

VAT number ……………………………………………. …………………………………………….

ADDRESS

Address of Registered Office of the Tenderer ……………………………………………. …………………………………………….

When appropriate, administrative address of Tenderer for the purposes of this invitation to tender

……………………………………………. …………………………………………….

CONTACT PERSON

Name(s) ……………………………………………. …………………………………………….

Forename(s) …………………………………………….…………………………………………….

Title (e.g. Dr, Mr, Mrs) …………………………………………….

Position (e.g. Manager) …………………………………………….

Telephone number …………………………………………….

Fax number …………………………………………….

E-mail address …………………………………………….


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NAMES OF LEGAL REPRESENTATIVES

Names of other representatives of the Tenderer who are authorised to sign contracts with third parties

……………………………………………. …………………………………………….

DECLARATION BY THE AUTHORISED REPRESENTATIVE OF THE ORGANISATION3:

I, the undersigned, declare that the information given in this tender is correct and that the tender is valid.

Name(s) …………………………………………….

Forename(s) …………………………………………….

Title (e.g. Dr, Mr, Mrs) …………………………………………….

Position (e.g. Manager) …………………………………………….

Telephone number …………………………………………….

Fax number …………………………………………….

E-mail address …………………………………………….

3 This individual must be included in the list of legal representatives, otherwise the signature on the tender will be invalid.


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Annex 3: Consortium Form (if applicable)Name of tenderer: ............................................................................................................................

Form of the consortium (cross relevant box):

Permanent Legally established Grouping for this tender

Name(s) Address

Leader of the Consortium (person authorised to conclude contract)

Partner 1*

Partner 2*

Partner 3*

*Add/delete lines for partners as appropriate. Note that a subcontractor is not considered to be a partner.

We confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract, that the leader is authorised to bind, and receive instructions for and on behalf of, each partner, that the performance of the contract, including payments, is the responsibility of the leader, and that all partners in the consortium are bound to remain in the consortium for the entire period of the contract’s performance.

Signature:

(Leader)

Date:

Signature:

(Partner 1)

Date:

Signature:

(Partner 2)

Date:

Signature:

(Partner 3)

Date:


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Annex 4: Subcontracting Form (if applicable)

Name(s) Address

Tenderer

(person authorised to conclude contract)

Subcontractor 1*

Subcontractor 2*

* add/delete additional lines for subcontractors as appropriate.

DeclarationAs subcontractors for this tender, we confirm that we are willing to perform the tasks assigned above and as specified in the tender.

Signature:Tenderer

Date:

Signature:Subcontractor 1

Date:

Signature:Subcontractor 2

Date:


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Annex 5: Technical Form

Tenderers are requested to use the following model for drawing up their technical offer

(maximum 5000 words - 12 pages A4)

Name of Tenderer: _______________________________________

a) Understanding of the level of the services to be carried out (total 500 points)

Description of how each of the required services will be delivered:

- medical examinations and vaccination

- medical advisory services

- occupational health prevention

- maintenance of medical files

The description shall demonstrate how the contractor will continuously customise the services to EU OSHA requirements.

[Please complete]

b) Management approach of the tenderer in terms of organisation, flexibility, service orientation and data protection to meet EU-OSHA requests (total 300 points)Short presentation of the provision of the services in terms of organisation, flexibility, service orientation:

- describe the mechanisms envisaged to ensure that the services will be provided under the optimal conditions;

- guarantee of sufficient resources for the continuity and the quality of the services offered in case of peak loads;

- provide details of the coordination role and responsibilities;

- certificate of quality management ISO 9001 or equivalent.

[Please complete]

c) Protection of medical data (total 200 points)Description of concrete measures ensuring protection of medical data according to Directive 45/2001/EC.

[Please complete]


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N O T E : Add any documents required, explaining the part of this form to which they refer. Ensure that sufficient information has been included f or e v e r y one of t he abo v e sec t i on s . Otherwise your offer will be rejected.

Annex 6: Financial FormTenderers are requested to use the following model for drawing up their financial offer.

Name of Tenderer: _______________________________________

Services Price (EUR)

P1 Medical examinations detailing:

P1 a) Pre-recruitment medical examination (per unit)

P1 b) Annual medical examination (per unit)

P1 c) Vaccination (per unit)

P2 Medical advisory services

P2 a) Advice on compliance with regulatory framework (per medical certificate)

P2 b) Control of absences (per unit)

P2 c) Other advisory services (per hour)

P3 P3 Occupational health prevention services (per hour)

TOTAL price P = P1 (P1 a) + b) + c)) + P2 (P2 a) + b) + c)) + P3

Date: …………………………………..

Name ………………………………..…

Signature: ………………………………

Function in Company: …………………………


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Annex 7: Curriculum Vitae model

An equivalent form is available in electronic format at the following address:

http://europass.cedefop.europa.eu/img/dynamic/c1344/type.FileContent.file/CVTemplate_en_GB.doc

EuropassCurriculum Vitae

Insert photograph. Remove heading if not relevant (see instructions)

Personal informationFirst name(s) / Surname(s) First name(s) Surname(s) (remove if not relevant, see instructions)

Address(es) House number, street name, postcode, city, country (remove if not relevant, see instructions)Telephone(s) (remove if not relevant, see

instructions)Mobile: (remove if not relevant, see

instructions)Fax(es) (remove if not relevant, see instructions)E-mail (remove if not relevant, see instructions)

Nationality (remove if not relevant, see instructions)

Date of birth (remove if not relevant, see instructions)

Gender (remove if not relevant, see instructions)

Desired employment / Occupational field

(remove if not relevant, see instructions)

Work experience

Dates Add separate entries for each relevant post occupied, starting from the most recent. (remove if not relevant, see instructions)

Occupation or position heldMain activities and responsibilities

Name and address of employerType of business or sector

Education and training

Dates Add separate entries for each relevant course you have completed, starting from the most recent. (remove if not relevant, see instructions)

Title of qualification awardedPrincipal subjects/occupational skills

coveredName and type of organisation

providing education and trainingLevel in national or international

classification(remove if not relevant, see instructions)


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http://europass.cedefop.europa.eu/img/dynamic/c1344/type.FileContent.file/CVTemplate_en_GB.doc


Personal skills and competences

Mother tongue(s) Specify mother tongue (if relevant add other mother tongue(s), see instructions)

Other language(s)Self-assessment Understanding Speaking WritingEuropean level (*) Listening Reading Spoken interaction Spoken production

LanguageLanguage

(*) Common European Framework of Reference for Languages

Social skills and competences Replace this text by a description of these competences and indicate where they were acquired. (Remove if not relevant, see instructions)

Organisational skills and competences

Replace this text by a description of these competences and indicate where they were acquired. (Remove if not relevant, see instructions)

Technical skills and competences Replace this text by a description of these competences and indicate where they were acquired. (Remove if not relevant, see instructions)

Computer skills and competences Replace this text by a description of these competences and indicate where they were acquired. (Remove if not relevant, see instructions)

Artistic skills and competences Replace this text by a description of these competences and indicate where they were acquired. (Remove if not relevant, see instructions)

Other skills and competences Replace this text by a description of these competences and indicate where they were acquired. (Remove if not relevant, see instructions)

Driving licence State here whether you hold a driving licence and if so for which categories of vehicle. (Remove if not relevant, see instructions)

Additional information Include here any other information that may be relevant, for example contact persons, references, etc. (Remove heading if not relevant, see instructions)

Annexes List any items attached. (Remove heading if not relevant, see instructions)


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http://europass.cedefop.europa.eu/LanguageSelfAssessmentGrid/en


Annex 8: Pre-recruitment and annual examinations

LIST OF EXAMS

1. Clinical examination: Personal and work anamnesis

2. Physical examination: Neurological, cardiopulmonary, abdominal and osteoarticular

physical examination

3. Laboratory tests:

Urine analysis

Blood test: sedimentation rate, urea, uric acid, creatinine, glycaemia, cholesterol,

triglyceride, HDL/LDL, GGT, SGOT (ASAT), SGPT (ALAT)

4. Ophthalmological test: visual control, visual acuity (with/without glasses), colour vision,

tonometry, binocular vision

5. Audiometry

6. Otoscopy

7. ECG (Resting electrocardiogram)


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Annex 9: Medical certificate

RESULTS OF PRE-RECRUITMENT MEDICAL EXAMINATIONIn accordance with Articles 28(e) and 33 of the Staff Regulations1

Ms Mr Mrs

Date of Birth:

Function:

Please tick whichever is applicable

The candidate possesses the physical aptitudes required to perform his/her duties

The candidate possesses the physical aptitudes required to perform his/her duties, subject to Article 1 of Annex VIII of the Staff Regulations (or of Article 32 of CEOS for

temporary agents and Article 100 of CEOS for contract agents)

The candidate does not possess the physical aptitudes required to exercise his/her duties

Stamp of your organisation

Date

Signature

1 Or respectively:

Article 12 (2) (d) and Article 13 of the CEOS for temporary agents

Article 82 (3) (d) and Article 83 of the CEOS for contract agents

Instructions for use:

Please use the letter head of your organisation

Please forward an advance copy of the signed form by email to [email protected]


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Annex 10: Legal Framework

1) Staff Regulations - in particular Articles 59 and 60

Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (Council Regulation No 259/68 of 29 February 1968, amended by the Council Regulation No 1023/2013 of 22 October 2013).

2) Implementing rules on sick leave - in particular Articles II and III Commission decision of 28 April 2004 introducing implementing provisions on absences as a result of sickness or accident - C(2004) 1597/11 of 6 July 2004.

3) Implementing rules on leave – in particular Articles II.4-7

Commission decision of 16 December 2013 on leave - C(2013) 9051 final of 16 December 2013.

4) Implementing rules on family leave – in particular Articles 1 and 2

Commission decision of 5 November 2010 on Article 42b of the Staff Regulations concerning family leave – C(2010)7494 final of 5 November 2010


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https://osha.europa.eu/sites/default/files/calls/documents/Implementing-rules-on-family-leave.pdf

https://osha.europa.eu/sites/default/files/calls/documents/Implementing-rules-on-family-leave.pdf

https://osha.europa.eu/sites/default/files/calls/documents/Implementing-rules-on-leave.pdf

https://osha.europa.eu/sites/default/files/calls/documents/Implementing-rules-on-sick-leave.pdf

https://osha.europa.eu/sites/default/files/calls/documents/Implementing-rules-on-sick-leave.pdf





Annex 11: List of 2015 EU-OSHA public holidays

1st January Thursday, New Year’s Day

6th January Tuesday, Epiphany

19th March Thursday, San José

2nd April Maundy Thursday/Holy Thursday

3rd April Good Friday

6th April Easter Monday

1st May Friday, Labour Day

14th May Thursday, Ascension Day

15th May Friday, Following Ascension Day

28th August Friday, Great Day of Bilbao

12th October Monday, Spanish National Day

8th December Tuesday, Inmaculada Concepción

24th – 31st December Christmas – end of year


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Annex 12: Model of framework contract and sample of order form

FRAMEWORK SERVICE CONTRACT

FRAMEWORK CONTRACT NUMBER – [complete]

THE EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK (hereinafter referred to as "the contracting authority"), represented for the purposes of the signature of this framework contract by [forename, surname, function, department]4,

on the one part, and

[full official name]

[official legal form]5

[statutory registration number]6

[full official address]

[VAT registration number]

[(hereinafter referred to as ‘the contractor’),][represented for the purposes of the signature of this framework contract by [forename, surname and function,]]

[The parties identified above and hereinafter collectively referred to as the ‘the contractor’ shall be jointly and severally liable vis-à-vis the contracting authority for the performance of this framework contract.]

on the other part,

HAVE AGREED

to the special conditions, the general conditions for service framework contracts, the [model order form] [and] [model specific contract] and the following annexes:

Annex I – Tender specifications (reference No [complete] of [insert date])

Annex II – Contractor's tender (reference No [complete] of [insert date])

which form an integral part of this framework contract (hereinafter referred to as “the FWC”).

4 The signatory must be an authorising officer (by delegation).

5 Delete if contractor is a natural person or a body governed by public law.

6 Delete if contractor is a body governed by public law. For natural persons, indicate the number of their identity card or, failing that, of their passport or equivalent.


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I – SPECIAL CONDITIONS

ARTICLE I.1 – SUBJECT MATTER

I.1.1 The subject matter of the FWC is the provision of medical services at EU-OSHA.

I.1.2 Signature of the FWC imposes no obligation on the contracting authority to purchase. Only performance of the FWC through order forms or specific contracts is binding on the contracting authority.

ARTICLE I.2 – ENTRY INTO FORCE AND DURATION

I.2.1 The FWC shall enter into force [on the date on which it is signed by the last party]7 [on [insert date] if it has already been signed by both parties].

I.2.2 Under no circumstances may performance commence before the date on which the FWC enters into force. Execution of the tasks may under no circumstances begin before the date on which the order form or specific contract enters into force.

I.2.3 The FWC is concluded for a period of [insert] [months] with effect from the date on which it enters into force. Unless otherwise specified, all periods specified in the FWC are calculated in calendar days.

I.2.4 The order forms or specific contracts shall be signed by both parties before the FWC expires.

The FWC shall continue to apply to such order forms and specific contracts after its expiry. They shall be executed no later than [six] months after its expiry.

[I.2.5 FWC renewal8

The FWC shall be renewed automatically up to [complete] times under the same conditions, unless written notification to the contrary is sent by one of the parties and received by the other three months before expiry of the period indicated in Article I.2.3 Renewal does not imply any modification or deferment of existing obligations.]

ARTICLE I.3 – PRICES

I.3.1 The maximum amount of the FWC shall be EUR [amount in figures and in word]. However, this must in no way be construed as a commitment on the contracting authority to purchase for the maximum amount.

The maximum prices of the services shall be[:] [as listed in Annex II].

[I.3.2 Price revision

7 As a rule the contracting authority signs last. In this case, the contractor should be duly informed of the date on which the FWC enters into force (date of signature by the contracting authority).

8 The total duration of the FWC may not exceed four years, save in exceptional cases justified in particular by the subject of the FWC.


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Prices shall be fixed and not subject to revision during the first year of duration of the FWC.

At the beginning of the second and every following year of the FWC, [80% of] each price may be revised upwards or downwards , if such revision is requested by one of the parties in writing no later than three months before the anniversary of the date on which it was signed. The other party shall acknowledge receipt within 15 days of reception of the request. The new prices shall be communicated as soon as the final index is available. The contracting authority shall purchase on the basis of the prices in force on the date on which order forms or specific contracts are signed by both parties. Such prices shall not be subject to revision.

This revision shall be determined by the trend in the harmonised indices of consumer prices (HICP) [complete]9 published for the first time by [the Eurostat monthly 'Data in Focus' publication at http://www.ec.europa.eu/eurostat/].

Revision shall be calculated in accordance with the following formula:

Ir

Pr = Po x (0.2+0.8 — )

Io

where:

Pr = revised price;

Po = price in the original tender;

Io = index for the month [in which the validity of the tender expires] [corresponding to the final date for submission of tenders];

Ir = index for the month [corresponding to the date of receipt of the request to revise prices] [in which the revised prices take effect]].

[I.3.3. Reimbursement of expenses10

In addition to the maximum total price specified in each order form or specific contract, travel, subsistence, accommodation and shipment expenses shall be reimbursed in accordance with Article II.16, as shall other expenses provided for by the tender specifications up to a maximum amount of EUR [amount in figures and in words] throughout performance of the FWC and up to a maximum amount of EUR [amount in figures and in words] for [each order form or specific contract / each travel / other sufficient measure].

9 Specify the consumer price index, e.g.:

“MUICP”: (euro area) for contracts expressed in euro (as a general rule);

“EICP”: for contracts performed in the European Union (outside the euro area);

consumer price index of the State in whose currency the FWC price is expressed:

a) index of the State where the contractor is mainly based; or

b) index of the State where the service will be mainly carried out.

10 Global price covering all parts of the services is strongly recommended, so this option should be deleted save in exceptional cases. As a principle, if reimbursement costs have to be used, they should be defined in the framework contract, not in the order form or specific contract.


45

http://www.ec.europa.eu/eurostat/


The daily subsistence allowance referred to in Article II.16.4 (d) and the accommodation flat-rate ceiling referred to in Article II.16.4(e) shall be [EUR [complete]] [as listed in Annex [complete]][as listed below]11.]

ARTICLE I.4 – PAYMENT ARRANGEMENTS AND PERFORMANCE OF THE FRAMEWORK CONTRACT

[I.4.1 Single framework contract

Within [complete] working days of an order form or a request for services being sent by the contracting authority to the contractor, the contracting authority shall receive the completed order form or a specific tender back, duly signed and dated.

[Within [complete] working days of a specific contract being sent by the contracting authority to the contractor, the contracting authority shall receive it back, duly signed and dated.]

The period allowed for the execution of the tasks shall start to run on the date [the contractor signs the order form, unless a different date is indicated on the form] [indicated in the specific contract].

[I.4.2 Pre-financing12

Following signature of the order form or specific contract by the last party and its receipt by the contracting authority, a pre-financing payment of [complete]% of the total price of the order form or specific contract shall be made within 30 days of the receipt of an invoice [and the receipt by the contracting authority of a duly constituted financial guarantee equal to at least [complete]% of the total price of the order form or specific contract]13. The contracting authority may refuse to make payments where the award procedure or performance of the order form or specific contract prove to have been subject to substantial errors, irregularities or fraud attributable to the contractor.]

[The contractor shall inform the contracting authority by [31 December] [30 November] each year about the cumulative expenditure incurred under ongoing order forms or specific contracts as from the start date of the order form or specific contract. This information is required for the contracting authority's accounting purposes.]14

[I.4. [complete] Interim payment

The contractor shall submit an invoice for an interim payment equal to [complete] % of the total price referred to in the relevant order form or specific contract.

[Option 1 - No report]

11 The daily subsistence allowance and accommodation ceilings must be copied directly in the article or in a specific annex. They may be taken from the guide to missions of DG HR(http://myintracomm.ec.europa.eu/hr_admin/en/missions/Pages/index.aspx internal link, not on Internet).

12 Pre-financing should be exceptional in procurement contracts. If applicable it should not exceed 30% of the total amount of the order form or specific contract.

13 Requesting a pre-financing guarantee is not allowed for contracts of less than EUR 60 000 and in other cases it should be duly justified through a documented risk assessment.

14 To be added only in the case of order forms or specific contracts of more than EUR 5 000 000 for which a pre-financing is paid and the reporting periods for interim payments or payments of the balance exceed 18 months.


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http://myintracomm.ec.europa.eu/hr_admin/en/missions/Pages/index.aspx


[The contacting authority shall make the payment within 30 days from receipt of the invoice.]

[Option 2 – With report]

[Invoices for interim payment shall be accompanied by [a progress report or any other document in accordance with the relevant specific contract] [and] [statements of reimbursable expenses in accordance with Article II.16]. The contracting authority shall make the payment within [60][90] 15 days from receipt of the invoice. The contractor shall have [complete] days in which to submit additional information or corrections, a new progress report or other documents if it is required by the contracting authority.]

I.4.[complete] Payment of the balance

The contractor shall submit an invoice for payment of the balance.

[Option 1 - No report]

[The contacting authority shall make the payment within 30 days from receipt of the invoice.]

[Option 2 – With report]

[The invoice shall be accompanied by [the final progress report or any other document in accordance with the relevant specific contract] [and] [statements of reimbursable expenses in accordance with Article II.16]. The contracting authority shall make the payment within [60][90]16 days from receipt of the invoice. The contractor shall have [complete] days in which to submit additional information or corrections, a new final progress report or other documents if it is required by the contracting authority.]

ARTICLE I.5 – BANK ACCOUNT

Payments shall be made to the contractor’s bank account denominated in [euro][ insert local currency where the receiving country does not allow transactions in EUR], identified as follows:

Name of bank:

Full address of branch:

Exact designation of account holder:

Full account number including [bank] codes:

[IBAN17 code:]

15 Maximum 90 days for complex contracts and 60 days for other contracts.

16 Maximum 90 days for complex contracts and 60 days for other contracts.

17 BIC or SWIFT code for countries with no IBAN code.


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ARTICLE I.6 – COMMUNICATION DETAILS AND DATA CONTROLLER

For the purpose of Article II.6, the data controller shall be [insert name of entity]

Communications shall be sent to the following addresses:

Contracting authority:

European Agency for Safety and Health at Work

Santiago de Compostela, 12 – 5th floor

E-48003 Bilbao

SPAIN

[email protected]

Contractor:

[Full name]

[Function]

[Company name]

[Full official address]

Email: [complete]

ARTICLE I.7 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

I.7.1 The FWC shall be governed by Union law, complemented, where necessary, by the law of Spain.

I.7.2 Any dispute between the parties in relation to the interpretation, application or validity of the FWC which cannot be settled amicably shall be brought before the courts of Bilbao.

ARTICLE I.8 - EXPLOITATION OF THE RESULTS OF THE FWC

I.8.1 Modes of exploitation

In accordance with Article II.10.2 whereby the Union acquires ownership of the results as defined in the tender specifications (Annex I), these results may be used for any of the following purposes:

[(a) use for its own purposes:

(i) making available to the staff of the contracting authority

(ii) making available to the persons and entities working for the contracting authority or cooperating with it, including contractors, subcontractors whether legal or natural persons, Union institutions, agencies and bodies, Member States' institutions

(iii) installing, uploading, processing

(iv) arranging, compiling, combining, retrieving

(v) copying, reproducing in whole or in part and in unlimited number of copies


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(b) distribution to the public:

(i) publishing in hard copies

(ii) publishing in electronic or digital format

(iii) publishing on the internet as a downloadable/non-downloadable file

(iv) broadcasting by any kind of technique of transmission

(v) public presentation or display

(vi) communication through press information services

(vii) inclusion in widely accessible databases or indexes

(viii) otherwise in any form and by any method

(c) modifications by the contracting authority or by a third party in the name of the contracting authority:

(i) shortening

(ii) summarizing

(iii) modifying of the content

(iv) making technical changes to the content:

- necessary correction of technical errors- adding new parts or functionalities - changing functionalities- providing third parties with additional information concerning the result (e.g. source

code) with a view of making modifications

(v) addition of new elements, paragraphs titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound, etc.

(vi) preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show, public presentation etc.

(vii) extracting a part or dividing into parts

(viii) use of a concept or preparation of a derivate work

(ix) digitisation or converting the format for storage or usage purposes

(x) modifying dimensions

(xi) translating, inserting subtitles, dubbing in different language versions:

- English, French, German- all official languages of EU- languages used within EU- languages of candidate countries- [list of name other languages]

(d) the modes of exploitation listed in article II.10.4

[(e) rights to authorise, license, or sub-license in case of licensed pre-existing rights, the modes of exploitation set out in any of the points (a) to (d) to third parties.

Where the contracting authority becomes aware that the scope of modifications exceeds that envisaged in the contract, the contracting authority shall consult the contractor. Where necessary, the contractor shall in turn seek the agreement of any creator or other right holder. The contractor shall


49


reply to the contracting authority within one month and shall provide its agreement, including any suggestions of modifications, free of charge. The creator may refuse the intended modification only when it may harm his honour, reputation or distort integrity of the work.

I.8.2 Pre-existing rights and transmission of rights

[All pre-existing rights shall be [licensed to the Union in accordance with Article II.10.3.][fully and irrevocably acquired by the Union as provided for in Article II.10.2 and by derogation to Article II.10.3.]]

[All pre-existing rights incorporated in the results and directly related to the uses foreseen in Article I.8.1 shall be fully and irrevocably acquired by the Union as provided for in Article II.10.2 and by derogation to Article II.10.3.]

The contractor shall provide to the contracting authority a list of pre-existing rights and third parties' rights including its personnel, creators or other right holders as provided for in Article II.10.5.

[The contractor shall present relevant and exhaustive evidence about the acquisition of all the necessary pre-existing rights and third parties' rights [together with delivery of the final report at the latest] [together with presentation of relevant result] [specify other stage]. This obligation should be fulfilled by presentation of the contractor's statement prepared in accordance with Annex A and third parties' statements prepared in accordance with Annex B and the relevant evidence listed in article II.10.5 as appropriate.] 18

ARTICLE I.9 – TERMINATION BY EITHER PARTY

Either party may, unilaterally and without being required to pay compensation, terminate either the FWC or the FWC and order forms or specific contracts by formally notifying the other party and by giving [one month's] notice. Should the contracting authority terminate the FWC, order forms or specific contracts, the contractor shall only be entitled to payment corresponding to the part-performance of the services ordered before the termination date. The first paragraph of Article II.14.3 shall apply.

ARTICLE I.10 – INTER-INSTITUTIONAL FRAMEWORK CONTRACT

[Not applicable]

[I.10.1 This FWC is inter-institutional. The lead contracting authority acts on its own behalf and on behalf of the entities listed in the heading of the FWC ("the contracting authorities") for which it has received power of attorney before FWC signature. The lead contracting authority signs the FWC and possible amendments on behalf of itself and all other contracting authorities.

I.10.2 The [European Commission/European Agency/other EU body] is the lead contracting authority responsible for the FWC, representing all participating contracting authorities. Each contracting authority is responsible for particular order forms or specific contracts they award.

I.10.3 In the event of the contractor having a complaint in relation to the conclusion, execution or termination of an order form or specific contract, the contractor remains bound to its

18 Annexes A and B are to be taken from the IPR explanatory note http://intracomm.ec.testa.eu/budg/imp/procurement/_doc/_pdf/ipr-explanation-en.pdf


50


obligations under the FWC and other order forms or specific contracts. Without prejudice to Article 1.7, the contractor expressly commits not to compensate or suspend the execution of other order forms or specific contracts.]

[ARTICLE I.11 – OTHER SPECIAL CONDITIONS]

SIGNATURES

For the contractor,

[Company name/forename/surname/function]

signature[s]: _______________________

Done at [place], [date]

For the contracting authority,

[forename/surname/function]

signature[s]:_____________________

Done at [Bilbao], [date]

In duplicate in English.

II – GENERAL CONDITIONS FOR SERVICE FRAMEWORK CONTRACTS

ARTICLE II. 1 – PERFORMANCE OF THE FWC

II.1.1 The contractor shall perform the FWC to the highest professional standards.

II.1.2 The contractor shall be solely responsible for taking the necessary steps to obtain any permit or licence required for performance of the FWC under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

II.1.3 Without prejudice to Article II.4 any reference made to the contractor’s personnel in the FWC shall relate exclusively to individuals involved in the performance of the FWC.

II.1.4 The contractor must ensure that the personnel performing the FWC possesses the professional qualifications and experience required for the execution of the tasks assigned to it.

II.1.5 The contractor shall neither represent the contracting authority nor behave in any way that would give such an impression. The contractor shall inform third parties that it does not belong to the European public service.

II.1.6 The contractor shall be solely responsible for the personnel who executes the tasks assigned to him.

The contractor shall stipulate the following employment or service relationships with its personnel:

(a) personnel executing the tasks assigned to the contractor may not be given orders directly by the contracting authority;

(b) the contracting authority may not under any circumstances be considered to be the employer of the personnel referred to in point (a) and the personnel shall undertake


51


not to invoke against the contracting authority any right arising from the contractual relationship between the contracting authority and the contractor.

II.1.7 In the event of disruption resulting from the action of one of the contractor's personnel working on the contracting authority's premises or in the event that the expertise of one of the contractor's personnel fails to correspond to the profile required by the FWC, the contractor shall replace him without delay. The contracting authority shall have the right to make a reasoned request for the replacement of any such personnel. The replacement personnel must have the necessary qualifications and be capable of performing the FWC under the same contractual conditions. The contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of personnel.

II.1.8 Should the execution of the tasks be directly or indirectly hampered, either partially or totally, by any unforeseen event, action or omission, the contractor shall immediately and on its own initiative record it and report it to the contracting authority. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the contractor to ensure full compliance with its obligations under this FWC. In such an event the contractor shall give priority to solving the problem rather than determining liability.

II.1.9 Should the contractor fail to perform its obligations under the FWC or order form or specific contract, the contracting authority may - without prejudice to its right to terminate the FWC order form or specific contract or - reduce or recover payments in proportion to the scale of the unperformed obligations. In addition, the contracting authority may claim compensation or impose liquidated damages in accordance with Article II.12.

ARTICLE II.2 – MEANS OF COMMUNICATION

II.2.1 Any communication relating to the FWC or to its performance shall be made in writing and shall bear the FWC number, and if applicable the order form or specific contract number. Any communication is deemed to have been made when it is received by the receiving party unless otherwise provided for in this FWC.

II.2.2 Electronic communication shall be deemed to have been received by the parties on the day of dispatch of that communication provided it is sent to the addressees listed in Article I.6. Without prejudice to the preceding, if the sending party receives a message of non-delivery to or of absence of the addressee, it shall make every effort to ensure the actual receipt of such communication by the other party.

Electronic communication shall be confirmed by an original signed paper version of that communication if requested by any of the parties provided that this request is submitted without unjustified delay. The sender shall send the original signed paper version without unjustified delay.

II.2.3 Mail sent using the postal services is deemed to have been received by the contracting authority on the date on which it is registered by the department responsible referred to in Article I.6.

Any formal notification shall be made by registered mail with return receipt or equivalent, or by equivalent electronic means.


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ARTICLE II. 3 – LIABILITY

II.3.1 The contractor shall be solely responsible for complying with any legal obligations incumbent on it.

II.3.2 The contracting authority shall not be held liable for any damage caused or sustained by the contractor, including any damage caused by the contractor to third parties during or as a consequence of performance of the FWC, except in the event of wilful misconduct or gross negligence on the part of the contracting authority.

II.3.3 The contractor shall be held liable for any loss or damage sustained by the contracting authority in performance of the FWC, including in the event of subcontracting, and for any claim by a third party, but only to an amount not exceeding three times the total amount of the relevant order form or specific contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the contractor or of its personnel or subcontractors, the contractor shall have unlimited liability for the amount of the damage or loss.

II.3.4 The contractor shall indemnify and hold the Union harmless for all damages and costs incurred due to any claim. The contractor shall provide compensation in the event of any action, claim or proceeding brought against the contracting authority by a third party as a result of damage caused by the contractor during the performance of the FWC. In the event of any action brought by a third party against the contracting authority in connection with the performance of the FWC including any alleged breach of intellectual property rights, the contractor shall assist the contracting authority. Such expenditure incurred by the contractor may be borne by the contracting authority.

II.3.5 The contractor shall take out an insurance policy against risks and damage relating to the performance of the FWC if required by the relevant applicable legislation. It shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the contracting authority should it so request.

ARTICLE II. 4 - CONFLICT OF INTERESTS

II.4.1 The contractor shall take all the necessary measures to prevent any situation of conflict of interest. Such situation arises where the impartial and objective performance of the FWC is compromised for reasons involving economic interest, political or national affinity, family or emotional ties, or any other shared interest.

II.4.2 Any situation constituting or likely to lead to a conflict of interest during the performance of the FWC shall be notified to the contracting authority in writing without delay. The contractor shall immediately take all the necessary steps to rectify the situation. The contracting authority reserves the right to verify that the steps taken are appropriate and may require that additional steps be taken within a specified deadline.

II.4.3 The contractor declares that it has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, when such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, in so far as it serves as an incentive or reward relating to the performance of the FWC.


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II.4.4 The contractor shall pass on all the relevant obligations in writing to its personnel and to any natural person with the power to represent it or take decisions on its behalf and ensure that it is not placed in a situation which could give rise to conflicts of interest. The contractor shall also pass on all the relevant obligations in writing to third parties involved in the performance of the FWC including subcontractors.

ARTICLE II.5 – CONFIDENTIALITY

II.5.1. The contracting authority and the contractor shall treat with confidentiality any information and documents, in any form, disclosed in writing or orally in relation to the performance of the FWC and identified in writing as confidential.

The contractor shall:

(a) not use confidential information and documents for any purpose other than fulfilling its obligations under the FWC, order form or specific contract without prior written agreement of the contracting authority;

(b) ensure the protection of such confidential information and documents with the same level of protection it uses to protect its own confidential information, but in no case any less than reasonable care;

(c) not disclose directly or indirectly confidential information and documents to third parties without prior written agreement of the contracting authority.

II.5.2 The confidentiality obligation set out in Article II.5.1 shall be binding on the contracting authority and the contractor during the performance of the FWC and for five years starting from the date of the payment of the balance unless:

(a) the disclosing party agrees to release the other party from the confidentiality obligation earlier;

(b) the confidential information becomes public through other means than in breach of the confidentiality obligation, through disclosure by the party bound by that obligation;

(c) the disclosure of the confidential information is required by law.

II.5.3 The contractor shall obtain from any natural person with the power to represent it or take decisions on its behalf, as well as from third parties involved in the performance of the FWC, order form or specific contract an undertaking that they will comply with the confidentiality obligation set out in Article II.5.1.

ARTICLE II.6– PROCESSING OF PERSONAL DATA

II.6.1 Any personal data included in the FWC shall be processed pursuant to Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Such data shall be processed by the data controller solely for the purposes of the performance, management and monitoring of the FWC without prejudice to its possible transmission to the bodies charged with monitoring or inspection tasks in application of Union law.


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II.6.2 The contractor shall have the right to access its personal data and the right to rectify any such data. The contractor should address any queries concerning the processing of its personal data to the data controller.

II.6.3 The contractor shall have right of recourse at any time to the European Data Protection Supervisor.

II.6.4 Where the FWC requires the processing of personal data by the contractor, the contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data and the means by which the data subject may exercise his rights.

II.6.5 The contractor shall grant personnel access to the data to the extent strictly necessary for the performance, management and monitoring of the FWC.

II.6.6 The contractor undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:

(a) prevent any unauthorised person from gaining access to computer systems processing personal data, and especially:

(i) unauthorised reading, copying, alteration or removal of storage media;

(ii) unauthorised data input, as well as any unauthorised disclosure, alteration or erasure of stored personal data;

(iii) unauthorised use of data-processing systems by means of data transmission facilities;

(b) ensure that authorised users of a data-processing system can access only the personal data to which their access right refers;

(c) record which personal data have been communicated, when and to whom;

(d) ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by the contracting authority;

(e) ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorisation;

(f) design its organisational structure in such a way that it meets data protection requirements.

ARTICLE II. 7 – SUBCONTRACTING

II.7.1 The contractor shall not subcontract without prior written authorisation from the contracting authority nor cause the FWC to be de facto performed by third parties.

II.7.2 Even where the contracting authority authorises the contractor to subcontract to third parties, it shall nevertheless remain bound by its contractual obligations and shall be solely responsible for the proper performance of this FWC.


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II.7.3 The contractor shall make sure that the subcontract does not affect rights and guarantees granted to the contracting authority by virtue of this FWC, notably by Article II.18.

ARTICLE II. 8 – AMENDMENTS

II.8.1 Any amendment to the FWC or order form or specific contract shall be made in writing before fulfilment of all contractual obligations. An order form or a specific contract may not be deemed to constitute an amendment to the FWC.

II.8.2 The amendment may not have the purpose or the effect of making changes to the FWC or to order forms or specific contracts which might call into question the decision awarding the FWC, order form or specific contract or result in unequal treatment of tenderers or contractors.

ARTICLE II. 9 – ASSIGNMENT

II.9.1 The contractor shall not assign the rights, including claims for payments, and obligations arising from the FWC, in whole or in part, without prior written authorisation from the contracting authority.

II.9.2 In the absence of such authorisation, or in the event of failure to observe the terms thereof, the assignment of rights or obligations by the contractor shall not be enforceable against the contracting authority and shall have no effect on it.

ARTICLE II. 10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

II.10.1 Definitions

In this FWC the following definitions apply:

(1) 'results' means any intended outcome of the performance of the FWC which is delivered and finally accepted by the contracting authority.

(2) 'creator' means any natural person who contributed to the production of the result and includes personnel of the contracting authority or a third party.

(3) 'pre-existing rights' means any industrial and intellectual property rights, including background technology, which exist prior to the contracting authority or the contractor ordering them for the purpose of the FWC performance and include rights of ownership and use by the contractor, the creator, the contracting authority and any other third parties.

II.10.2 Ownership of the results

The ownership of the results shall be fully and irrevocably acquired by the Union under the FWC including any rights in any of the results listed in the FWC and order forms or specific contracts, including copyright and other intellectual or industrial property rights, and all technological solutions and information contained therein, produced in performance of the FWC. The contracting authority may exploit them as stipulated in this FWC or order forms or specific contracts. All the rights shall be acquired by the Union from the moment the results are delivered by the contractor and accepted by the contracting authority. Such delivery and acceptance are deemed to constitute an effective assignment of rights from the contractor to the Union.


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The payment of the price as set out in the order forms or specific contracts is deemed to include any fees payable to the contractor in relation to the acquisition of ownership of rights by the Union including all forms of use of the results.

The acquisition of ownership of rights by the Union under this FWC covers all territories worldwide.

Any intermediary sub-result, raw data, intermediary analysis made available by the contractor cannot be used by the contracting authority without the written consent of the contractor, unless the FWC or specific contract or order form explicitly provides for it to be treated as a self-contained result.

II.10.3 Licensing of pre-existing rights

The Union shall not acquire ownership of the pre-existing rights.

The contractor shall license the pre-existing rights on a royalty-free, non-exclusive and irrevocable basis to the Union which may use the pre-existing right as foreseen in Article I.8.1 or in order forms or specific contracts. All the pre-existing rights shall be licensed to the Union from the moment the results were delivered and accepted by the contracting authority.

The licensing of pre-existing rights to the Union under this FWC covers all territories worldwide and is valid for the whole duration of intellectual property rights protection.

II.10.4 Modes of exploitation

The Union shall acquire ownership of each of the results produced as an outcome of the FWC which may be used for any of the following purposes:

(a) giving access upon individual requests without the right to reproduce or exploit, as provided for by Regulation 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents19;

(b) storage of the original and copies made in accordance with this FWC or specific contract or order form;

(c) archiving in line with the document management rules applicable to the contracting authority.

II.10.5 Identification and evidence of granting of pre-existing rights and rights of third parties

When delivering the results, the contractor shall warrant that they are free of rights or claims from creators and third parties including in relation to pre-existing rights, for any use envisaged by the contracting authority. This does not concern the moral rights of natural persons.

The contractor shall establish to that effect a list of all pre-existing rights and rights of creators and third parties on the results of this FWC or parts thereof. This list shall be provided no later than the date of delivery of the final results.

In the result the contractor shall clearly point out all quotations of existing textual works. The complete reference should include as appropriate: name of the author, title of the work, date and place of

19 According to art. 6.1 of the Council Regulation (EC) Nº2062/1994 of 18 July 1994, Regulation (EC) Nº1049/2001 applies to documents held by the Agency: http://osha.europa.eu/en/about/internal_documents


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http://osha.europa.eu/en/about/internal_documents


publication, date of creation, address of publication on internet, number, volume and other information which allows the origin to be easily identified.

Upon request by the contracting authority, the contractor shall provide evidence of ownership or rights to use all the listed pre-existing rights and rights of third parties except for the rights owned by the Union.

This evidence may refer, inter alia, to rights to: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how etc. (delivered in paper, electronic or other form), IT development tools, routines, subroutines and/or other programs ("background technology"), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin.

The evidence shall include, as appropriate:

(a) the name and version number of a software product;

(b) the full identification of the work and its author, developer, creator, translator, data entry person, graphic designer, publisher, editor, photographer, producer;

(c) a copy of the licence to use the product or of the agreement granting the relevant rights to the contractor or a reference to this licence;

(d) a copy of the agreement or extract from the employment contract granting the relevant rights to the contractor where parts of the results were created by its personnel;

(e) the text of the disclaimer notice if any.

Provision of evidence does not release the contractor from its responsibilities in case it is found that it does not hold the necessary rights, regardless of when and by whom this fact was revealed.

The contractor also warrants that it possesses the relevant rights or powers to execute the transfer and that it has paid or has verified payment of all due fees including fees due to collecting societies, related to the final results.

II.10.6 Creators

By delivering the results the contractor warrants that the creators undertake not to oppose that their names be recalled when the results are presented to the public and confirms that the results can be divulged. Names of authors shall be recalled on request in the manner communicated by the contractor to the contracting authority.

The contractor shall obtain the consent of creators regarding the granting of the relevant rights and be ready to provide documentary evidence upon request.

II.10.7 Persons appearing in photographs or films

If natural, recognisable persons appear in a result or their voice is recorded the contractor shall submit a statement of these persons (or of the persons exercising parental authority in case of minors) where they give their permission for the described use of their image or voice on request by the contracting authority. This does not apply to persons whose permission is not required in line with the law of the country where photographs were taken, films shot or audio records made.

II.10.8 Copyright for pre-existing rights


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When the contractor retains pre-existing rights on parts of the results, reference shall be inserted to that effect when the result is used as set out in Article I.8.1 with the following disclaimer: © - year – European Union. All rights reserved. Certain parts are licensed under conditions to the EU.

II.10.9 Visibility of Union funding and disclaimer

When making use of the results, the contractor shall declare that they have been produced within a contract with the Union and that the opinions expressed are those of the contractor only and do not represent the contracting authority's official position. The contracting authority may waive this obligation in writing.

ARTICLE II. 11 – FORCE MAJEURE

II.11.1 'Force majeure' means any unforeseeable and exceptional situation or event beyond the parties' control which prevents either of them from fulfilling any of their obligations under the FWC, which was not attributable to error or negligence on their part or on the part of subcontractors and which proves to be inevitable in spite of exercising due diligence. Any default of a service, defect in equipment or material or delays in making them available, unless they stem directly from a relevant case of force majeure, as well as labour disputes, strikes or financial difficulties, cannot be invoked as force majeure.

II.11.2 A party faced with force majeure shall formally notify the other party without delay, stating the nature, likely duration and foreseeable effects.

II.11.3 The party faced with force majeure shall not be held in breach of its contractual obligations if it has been prevented from fulfilling them by force majeure. Where the contractor is unable to fulfil its contractual obligations owing to force majeure, it shall have the right to remuneration only for the tasks actually executed.

II.11.4 The parties shall take all the necessary measures to limit any damage due to force majeure.

ARTICLE II. 12 – LIQUIDATED DAMAGES

The contracting authority may impose liquidated damages should the contractor fail to complete its contractual obligations, also with regard to the required quality level, according to the tender specifications.

Should the contractor fail to perform its contractual obligations within the time limits set by the FWC or the relevant order form or specific contract, then, without prejudice to the contractor's actual or potential liability or to the contracting authority's right to terminate the FWC or the relevant order form or specific contract, the contracting authority may impose liquidated damages for each and every calendar day of delay according to the following formula:

0.3 x (V/d)

V is the price of the relevant purchase;

d is the duration specified in the relevant order form or specific contract or, failing that, the period between the date specified in Article I.4.1 and the date of delivery or performance specified in the relevant order form or specific contract, expressed in calendar days


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The contractor may submit arguments against this decision within 30 days of receipt of the formal notification. In the absence of a reaction on its part or of written withdrawal by the contracting authority within 30 days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable.

The parties expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses incurred due to failure to fulfil obligations which may be reasonably anticipated.

ARTICLE II. 13 – SUSPENSION OF THE PERFORMANCE OF THE FWC

II.13.1 Suspension by the contractor

The contractor may suspend the performance of the FWC or order form or specific contract or any part thereof if a case of force majeure makes such performance impossible or excessively difficult. The contractor shall inform the contracting authority about the suspension without delay, giving all the necessary reasons and details and the envisaged date for resuming the performance of the FWC, order form or specific contract.

Once the circumstances allow resuming performance, the contractor shall inform the contracting authority immediately, unless the contracting authority has already terminated the FWC, order form or specific contract.

II.13.2 Suspension by the contracting authority

The contracting authority may suspend the performance of the FWC or order form or specific contract or any part thereof:

(a) if the FWC or order form or specific contract award procedure or the performance of the FWC prove to have been subject to substantial errors, irregularities or fraud;

(b) in order to verify whether presumed substantial errors, irregularities or fraud have actually occurred.

Suspension shall take effect on the day the contractor receives formal notification, or at a later date where the notification so provides. The contracting authority shall as soon as possible give notice to the contractor to resume the service suspended or inform the contractor that it is proceeding with termination of the FWC or order form or specific contract. The contractor shall not be entitled to claim compensation on account of suspension of the FWC or order form or specific contract or of part thereof.

ARTICLE II. 14 – TERMINATION OF THE FWC

II.14.1 Grounds for termination

The contracting authority may terminate the FWC, an order form or a specific contract respectively in the following circumstances:


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(a) if a change to the contractor’s legal, financial, technical or organisational or ownership situation is likely to affect the performance of the FWC or order form or specific contract substantially or call into question the decision to award the FWC;

(b) if execution of the tasks under a pending order form or a specific contract has not actually commenced within 15 days of the date foreseen, and the new date proposed, if any, is considered unacceptable by the contracting authority, taking into account article II.8.2;

(c) if the contractor does not perform the FWC or an order form or specific contract as established in the tender specifications or request for service or fails to fulfil another substantial contractual obligation; termination of three of more order forms or specific contracts on this ground shall constitute ground for termination of the FWC;

(d) in the event of force majeure notified in accordance with article II.11 or if the performance of the FWC or order form or specific contract has been suspended by the contractor as a result of force majeure, notified in accordance with article II.13, where either resuming performance is impossible or the modifications to the FWC or order form or specific contract might call into question the decision awarding the FWC or order form or specific contract, or result in unequal treatment of tenderers or contractors;

(e) if the contractor is declared bankrupt, is being wound up, is having its affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(f) if the contractor or any natural person with the power to represent it or take decisions on its behalf has been found guilty of professional misconduct proven by any means;

(g) if the contractor is not in compliance with its 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 it is established or with those of the country of the applicable law of this FWC or those of the country where the FWC is to be performed;

(h) if the contracting authority has evidence that the contractor or any natural persons with the power to represent it or take decisions on its behalf have committed fraud, corruption, or are involved in a criminal organisation, money laundering or any other illegal activity detrimental to the Union's financial interests;

(i) if the contracting authority has evidence that the contractor or any natural persons with the power to represent it or take decisions on its behalf have committed substantial errors, irregularities or fraud in the award procedure or the performance of the FWC, including in the event of submission of false information;

(j) if the contractor is unable, through its own fault, to obtain any permit or licence required for performance of the FWC or order form or specific contract;

(k) if the needs of the contracting authority change and it no longer requires new services under the FWC;


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(l) when due to the termination of the FWC with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition.

II.14.2 Procedure for termination

When the contracting authority intends to terminate the FWC or order form or specific contract it shall formally notify the contractor of its intention specifying the grounds thereof. The contracting authority shall invite the contractor to make any observations and, in the case of point (c) of Article II.14.1, to inform the contracting authority about the measures taken to continue the fulfilment of its contractual obligations, within 30 days from receipt of the notification.

If the contracting authority does not confirm acceptance of these observations by giving written approval within 30 days of receipt, the termination procedure shall proceed. In any case of termination the contracting authority shall formally notify the contractor about its decision to terminate the FWC or order form or specific contract. In the cases referred to in points (a), (b), (c), (e), (g), (j), (k) and (l) of Article II.14.1 the formal notification shall specify the date on which the termination takes effect. In the cases referred to in points (d), (f), (h), and (i) of Article II.14.1 the termination shall take effect on the day following the date on which notification of termination is received by the contractor.

II.14.3 Effects of termination

In the event of termination, the contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted work. On receipt of the notification of termination, the contractor shall take all the appropriate measures to minimise costs, prevent damages, and cancel or reduce its commitments. The contractor shall have 60 days from the date of termination to draw up the documents required by the special conditions or order forms or specific contracts for the tasks already executed on the date of termination and produce an invoice if necessary. The contracting authority may recover any amounts paid under the FWC.

The contracting authority may claim compensation for any damage suffered in the event of termination.

On termination the contracting authority may engage any other contractor to execute or complete the services. The contracting authority shall be entitled to claim from the contractor all extra costs incurred in this regard, without prejudice to any other rights or guarantees it may have under the FWC.

ARTICLE II. 15 – REPORTING AND PAYMENTS

II.15.1 Date of payment

Payments shall be deemed to be effected on the date when they are debited to the contracting authority's account.

II.15.2 Currency

The FWC shall be in euros.

Payments shall be executed in euros or in the local currency as provided for in Article I.5.


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Conversion between the euro and another currency shall be made according to the daily euro exchange rate published in the Official Journal of the European Union or, failing that, at the monthly accounting exchange rate established by the European Commission and published on its website, applicable on the day on which the payment order is issued by the contracting authority.

II.15.3 Costs of transfer

The costs of the transfer shall be borne in the following way:

(a) costs of dispatch charged by the bank of the contracting authority shall be borne by the contracting authority,

(b) cost of receipt charged by the bank of the contractor shall be borne by the contractor,

(c) costs for repeated transfer caused by one of the parties shall be borne by the party causing repetition of the transfer.

II.15.4 Invoices and Value Added Tax

Invoices shall contain the contractor's identification, the amount, the currency and the date, as well as the FWC reference and reference to the order form or specific contract.

Invoices shall indicate the place of taxation of the contractor for value added tax (VAT) purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

The contracting authority is, as a rule, exempt from all taxes and duties, including VAT, pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union.

The contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the supplies and services required for performance of the FWC are exempt from taxes and duties, including VAT exemption.

II.15.5 Pre-financing and performance guarantees

Pre-financing guarantees shall remain in force until the pre-financing is cleared against interim payments or payment of the balance and, in case the latter takes the form of a debit note, three months after the debit note is notified to the contractor. The contracting authority shall release the guarantee within the following month.

Performance guarantees shall cover performance of the service in accordance with the terms set out in the request for services until its final acceptance by the contracting authority. The amount of the performance guarantee shall not exceed the total price of the order form or specific contract. The guarantee shall provide that it remains in force until final acceptance. The contracting authority shall release the guarantee within a month following the date of final acceptance.

Where, in accordance with Article I.4, a financial guarantee is required for the payment of pre-financing, or as performance guarantee, it shall fulfil the following conditions:

(a) the financial guarantee is provided by a bank or an approved financial institution or, at the request of the contractor and agreement by the contracting authority, by a third party;

(b) the guarantor stands as first-call guarantor and does not require the contracting authority to have recourse against the principal debtor (the contractor).


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The cost of providing such guarantee shall be borne by the contractor.

II.15.6 Interim payments and payment of the balance

The contractor shall submit an invoice for interim payment upon delivery of intermediary results, accompanied by a progress report or any other documents, as provided for in Article I.4 or in the tender specifications or in the order form or specific contract.

The contractor shall submit an invoice for payment of the balance within 60 days following the end of the period referred to in Article III.2.2, accompanied by a final progress report or any other documents provided for in Article I.4 or in the tender specifications or in the order form or specific contract.

Upon receipt, the contracting authority shall pay the amount due as interim or final payment, within the periods specified in Article I.4, provided the invoice and documents have been approved and without prejudice to Article II.15.7. Approval of the invoice and documents shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information they contain.

Payment of the balance may take the form of recovery.

II.15.7 Suspension of the time allowed for payment

The contracting authority may suspend the payment periods specified in Article I.4 at any time by notifying the contractor that its invoice cannot be processed, either because it does not comply with the provisions of the FWC, or because the appropriate documents have not been produced.

The contracting authority shall inform the contractor in writing as soon as possible of any such suspension, giving the reasons for it.

Suspension shall take effect on the date the notification is sent by the contracting authority. The remaining payment period shall start to run again from the date on which the requested information or revised documents are received or the necessary further verification, including on-the-spot checks, is carried out. Where the suspension period exceeds two months, the contractor may request the contracting authority to justify the continued suspension.

Where the payment periods have been suspended following rejection of a document referred to in the first paragraph and the new document produced is also rejected, the contracting authority reserves the right to terminate the order form or specific contract in accordance with Article II.14.1(c).

II.15.8 Interest on late payment

On expiry of the payment periods specified in Article I.4, and without prejudice to Article II.15.7, the contractor is entitled to interest on late payment at the rate applied by the European Central Bank for its main refinancing operations in Euros (the reference rate) plus eight points. The reference rate shall be the rate in force on the first day of the month in which the payment period ends, as published in the C series of the Official Journal of the European Union.

The suspension of the payment period in accordance with Article II.15.7 may not be considered as a late payment.


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Interest on late payment shall cover the period running from the day following the due date for payment up to and including the date of actual payment as defined in Article II.15.1.

However, when the calculated interest is lower than or equal to EUR 200, it shall be paid to the contractor only upon request submitted within two months of receiving late payment.

ARTICLE II. 16 - REIMBURSEMENTS

II.16.1 Where provided by the special conditions or by the tender specifications, the contracting authority shall reimburse the expenses that are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets, or failing that, on production of copies or scanned originals, or on the basis of flat rates.

II.16.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the shortest itinerary and the minimum number of nights necessary for overnight stay at the destination.

II.16.3 Travel expenses shall be reimbursed as follows:

(a) travel by air shall be reimbursed up to the maximum cost of an economy class ticket at the time of the reservation;

(b) travel by boat or rail shall be reimbursed up to the maximum cost of a first class ticket;

(c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same journey and on the same day;

In addition, travel outside Union territory shall be reimbursed provided the contracting authority has given its prior written consent.

II.16.4 Subsistence expenses shall be reimbursed on the basis of a daily subsistence allowance as follows:

(a) for journeys of less than 200 km for a return trip, no subsistence allowance shall be payable;

(b) daily subsistence allowance shall be payable only on receipt of supporting documents proving that the person concerned was present at the destination;

(c) daily subsistence allowance shall take the form of a flat-rate payment to cover all subsistence expenses, including meals, local transport which includes transport to and from the airport or station, insurance and sundries;

(d) daily subsistence allowance shall be reimbursed at the flat rates specified in Article I.3;

(e) accommodation shall be reimbursed on receipt of supporting documents proving the necessary overnight stay at the destination, up to the flat-rate ceilings specified in Article I.3.

II.16.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed provided the contracting authority has given prior written authorisation.


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II.16.6. Conversion between the euro and another currency shall be made as specified in Article II.15.2.

ARTICLE II. 17 – RECOVERY

II.17.1 If an amount is to be recovered under the terms of the FWC, the contractor shall repay the contracting authority the amount in question according to the terms and by the date specified in the debit note.

II.17.2 If the obligation to pay the amount due is not honoured by the date set by the contracting authority in the debit note, the amount due shall bear interest at the rate indicated in Article II.15.8. Interest on late payments shall cover the period from the day following the due date for payment up to and including the date when the contracting authority receives the full amount owed.

Any partial payment shall first be entered against charges and interest on late payment and then against the principal amount.

II.17.3 If payment has not been made by the due date, the contracting authority may, after informing the contractor in writing, recover the amounts due by offsetting them against any amounts owed to the contractor by the Union or by the European Atomic Energy Community or by calling in the financial guarantee, where provided for in Article I.4 or in the specific contract.

ARTICLE II. 18 – CHECKS AND AUDITS

II.18.1 The contracting authority and the European Anti-Fraud Office may check or have an audit on the performance of the FWC. It may be carried out either directly by its own staff or by any other outside body authorised to do so on its behalf.

Such checks and audits may be initiated during the performance of the FWC and during a period of five years which starts running from the date of expiry of the FWC.

The audit procedure shall be deemed to be initiated on the date of receipt of the relevant letter sent by the contracting authority. Audits shall be carried out on a confidential basis.

II.18.2 The contractor shall keep all original documents stored on any appropriate medium, including digitised originals when they are authorised by national law and under the conditions laid down therein, for a period of five years which starts running from the date of expiry of the FWC.

II.18.3 The contractor shall allow the contracting authority's staff and outside personnel authorised by the contracting authority the appropriate right of access to sites and premises where the FWC is performed and to all the information, including information in electronic format, needed in order to conduct such checks and audits. The contractor shall ensure that the information is readily available at the moment of the check or audit and, if so requested, that information be handed over in an appropriate form.

II.18.4 On the basis of the findings made during the audit, a provisional report shall be drawn up. It shall be sent to the contractor, which shall have 30 days following the date of receipt to


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submit observations. The final report shall be sent to the contractor within 60 days following the expiry of that deadline.

On the basis of the final audit findings, the contracting authority may recover all or part of the payments made and may take any other measures which it considers necessary.

II.18.5 By virtue of Regulation (EC) No 1073/1999 of the European Parliament and the Council of 25 May 1999 concerning investigation conducted by the European Anti-Fraud Office (OLAF), the OLAF may also carry out on-the-spot checks and inspections in accordance with the procedures laid down by Union law for the protection of the financial interests of the Union against fraud and other irregularities. Where appropriate, the findings may lead to recovery by the contracting authority.

II.18.6 The Court of Auditors shall have the same rights as the contracting authority, notably right of access, for the purpose of checks and audits.


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Annex 13: Missions allowances

DESTINATION Daily subsistence allowance in euros Hotel ceiling in euros

Austria 95 130Belgium 92 140Bulgaria 58 169Cyprus 93 145Czech Republic 75 155

Denmark 120 150Estonia 71 110Finland 104 140France 95 150Germany 93 115Greece 82 140Hungary 72 150Ireland 104 150Italy 95 135Latvia 66 145Lithuania 68 115Luxembourg 92 145Malta 90 115Netherlands 93 170Poland 72 145Portugal 84 120Romania 52 170Slovakia 80 125Slovenia 70 110Spain 87 125Sweden 97 160United Kingdom 101 175


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