Tender Specifications Office Furniture - Eurojust...K of the Tender Specifications. The office...

EUROJUST

P.O. Box: 16183 2500 BD The Hague THE NETHERLANDS

2012/EJ/79 1

TENDER SPECIFICATIONS

2012/EJ/79

PROVISION OF OFFICE FURNITURE FOR EUROJUST

Issued by Eurojust

The Hague

The Netherlands

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TABLE OF CONTENTS

SECTION A - INTRODUCTION A.1. What is Eurojust? 4 A.2. What is Procurement? 4 A.3. Important note 5

SECTION B - SPECIFIC INFORMATION ON THE PROCUREMENT PROCEDURE B.1. Scope of Work 6

B.1.1. Background information 6 B.1.2. Requirements 6 B.1.3. Variants to the requirements 13 B.1.4. Division into lots 13

B.2. Contract 13 B.2.1. Type of contract and duration 13 B.2.2. Contract implementation 14 B.2.3. Contract Prices 14 B.2.4. Important note 14

B.3. Your technical proposal 14 B.3.1. Technical Proposal Form (Annex A) 15 B.3.2. How to prepare your technical proposal? 15

B.4. Your financial proposal 15 B.4.1. Pricing Form (Annex B) 15 B.4.2. How to prepare your financial proposal? 15 B.4.3. Important notes 16

B.5. Tenderer's eligibility and capacity: exclusion and selection criteria 16 B.5.1. Eligibility to tender: exclusion criteria 16 B.5.2. Capacity: selection criteria 17 B.5.3. Important note 18

B.6. Award criteria 19 B.7. Timetable 21

SECTION C - INSTRUCTIONS ON HOW TO TENDER C.1. Contents of your tender 22

C.1.1. Important note 22 C.2. Language of your tender 23 C.3. How to package your tender? 23 C.4. How to dispatch your tender? 24

C.4.1. Important note: Proof of dispatch 24 C.5. Contacts between Eurojust and tenderers 25

C.5.1. Before the deadline for dispatching tenders 25 C.5.2. After the deadline for dispatching tenders 26 C.5.3. Site visit 26

C.6. Can a consortium submit a tender? Is subcontracting allowed? 26

SECTION D - HOW WILL TENDERS BE EVALUATED? D.1. Public Opening Session 27

D.1.1. Formal opening requirements 27 D.1.2. Modalities to attend the public opening session 27

D.2. Tender Evaluation Session 27

SECTION E - JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS

E.1. Joint offers submitted by consortia 28 E.1.1. Introduction 28 E.1.2. Documentation / information to be provided 28 E.1.3. Evaluation 29 E.1.4. Contract implementation 29

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E.2. Subcontracting 30 E.2.1. Introduction 30 E.2.2. Documentation / information to be provided 30 E.2.3. Evaluation 30 E.2.4. Contract implementation 31

SECTION F - SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION 31

ANNEXES:

Annex A - Technical Proposal Form Annex B - Pricing Form Annex C - Model Contract Annex D - Declaration on Honour Template Annex E - Financial Capacity Form Annex F - Administrative Data Form Annex G - Check list [to be checked BEFORE dispatching your tender] Annex H - Receipt to be used in case of hand delivery of tender Annex I - Model Letter of Intent for Subcontractor(s) Annex J - Statement on the Acceptance on Eurojust’s Model Contract Annex K – Photographs of the already in use office furniture Annex L – Financial Identification Form and Legal Entity Forms

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SECTION A - INTRODUCTION A.1. WHAT IS EUROJUST? Eurojust is the permanent judicial co-operation unit of the European Union, established in February 2002 by Decision of the Council of the European Union (Decision 2002/187/JHA) as amended by Council Decision (2009/426/JHA) of 16 December 2008. Eurojust’s goal is to reinforce the fight against crime, by enhancing the effectiveness of the competent authorities within the Member States when dealing with serious cross-border and organised crime. Eurojust stimulates and improves the coordination of investigations and prosecutions, and it supports the co-operation between the competent national authorities of the Member States by facilitating – inter alia – the execution of international mutual legal assistance and the implementation of extradition requests. Further information on Eurojust’s activities is available on its website, at the address http://www.eurojust.europa.eu.

ORGANISATION AND STRUCTURE

Eurojust consists of a College and an Administration. The College of Eurojust is composed of 27 national members, who are nominated by each EU Member State among senior experienced prosecutors or judges, and are supported by deputy members, assistants, and secretarial staff. Each National Desk may, at any given time, have one or more interns as well. The College is supported in its day-to-day activities by an administrative organisation composed of several units: Budget, Finance & Procurement, Corporate Services, Human Resources, Information Management, the Legal Service, the Case Analysis Unit, the Secretariat of the European Judicial Network (EJN), the Joint Investigation Teams Network Secretariat (JITS) and the Genocide Network Secretariat. In addition, three dedicated services support the College: Data Protection, Press & PR, and the College Secretariat. In the near future Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The expected number of postholders in Eurojust for 2012 would be in the vicinity of 250.

A.2. WHAT IS PROCUREMENT?

Procurement covers public contracts as well as procurement procedures. Public contracts are defined as purchases by a public authority of a service, goods or works. A procurement procedure is the structured way that leads to the conclusion of a public contract. The purpose is:

(i) to guarantee the widest possible participation of economic operators (referred to as “tenderers”),

(ii) to ensure the transparency of operations, and (iii) to obtain the desired quality of services, supplies and works at the best

possible price. Offers submitted in the context of a procurement procedure are designated “tenders”. An economic operator who has submitted a tender is designated a “tenderer”.

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Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) and their Implementing Rules (Commission Regulation 2342/2002). Please note that the Financial Regulations and their Implementing Rules took over the provisions of the Directive 2004/18/EC. A.3. IMPORTANT NOTE

Confidentiality The tenderer - whether or not its tender is accepted - and all other recipients of the documents composing these Tender Specifications - whether or not they submit a tender - shall treat the details of these documents as private and confidential and shall not disclose the details to any party. All documents submitted by the tenderer shall automatically become the property of Eurojust and are deemed confidential.

Protection of personal data Personal data are processed in accordance with the requirements of the rules of procedure on the processing and protection of personal data at Eurojust, as published in OJ No C 68 of 19.3.2005, p. 1. (available on Eurojust website, at the address http://www.eurojust.europa.eu).

Central Exclusion Database (CED):

The tenderers should be aware that the Central Exclusion Database will be consulted. The tenderers and, if they are legal entities, persons who have powers of representation, decision making or control over them, are informed that, should they be in one of the situations mentioned in:

- the Commission Regulation of 17.12.2008 on the Central Exclusion Database- CED (OJ L, 344, 20.12.2008, p. 12),

their personal details (name, given name if natural person, address, legal form and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the CED, and communicated to the persons and entities listed in the above-mentioned Regulation, in relation to the award or execution of a procurement contract or grant agreement or decision.

Disclaimer Eurojust reserves the right to accept or reject any tender and to annul the process and reject all tenders at any time prior to the contract signature, without thereby incurring any liability to the affected economic operators. Eurojust will not be responsible for, or pay for, expenses or losses that may be incurred by the tenderer in the preparation of its tender and/or during the tender evaluation period.

Where these Tender Specifications refer to ‘tenderer’ it shall be considered as ‘contractor’ after signature of the contract.

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SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE

B.1. SCOPE OF WORK

The scope of this procurement procedure is the provision of office furniture and related services to Eurojust.

B.1.1. BACKGROUND INFORMATION

Eurojust requires the provision of office furniture and related services according to the requirements specified hereafter.

As the result of this procurement procedure Eurojust wishes to conclude a framework contract with one supplier, who shall be able to deliver office furniture in accordance with the requirements described in the Tender Specifications, as well as to provide all the necessary services. The envisioned maximum duration of the resulting framework contract will be four (4) years as described in the Section B.2.1. of the Tender Specifications.

Eurojust currently has three categories of office furniture: i) standard office furniture; ii) senior management furniture, i.e., furniture of a higher standard for its Heads of Units and the Administrative Director; iii) executive management furniture, which is exclusively used for the offices of Eurojust’s National Members. Eurojust intends to purchase the mentioned three categories of office furniture also within this call for tenders.

During the course of the framework contract, Eurojust expects to purchase furniture for its current premises as well as for any premises, which may be rented before the expiration of the contract. In addition, a potential contractor shall be able to ensure adequate corrective maintenance to Eurojust`s current furniture purchased in the past years. The photographs of the already in use office furniture are included in the Annex K of the Tender Specifications. The office furniture, which is currently in use, may be seen also by participating in a site visit in accordance with the provisions described in the Section C.5.3. of the Tender Specifications.

B.1.2. REQUIREMENTS

Eurojust wishes to create a healthy, safe and pleasant working environment, therefore ergonomics, safety and aesthetics are an integral part of this procurement procedure.

In general, office furniture supplied by the successful tenderer shall provide comfort, safety and the necessary body support as well as visual appeal, in compliance with the below described requirements for all categories of office furniture and related services.

B.1.2.1. General mandatory requirements for all furniture

The tenderer shall be able to supply office furniture in compliance with the following general mandatory requirements for all furniture:

the furniture shall be delivered clean and smudge free (i.e., oil mark);

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the proposed furniture can be easily cleaned with environmentally friendly cleaning products;

the furniture shall not have any user-unfriendly or sharp edges (chip-proof edges);

the tops of all furniture components shall have the same composition;

connecting pieces shall allow a completely rigid connection to be made without the use of special tools;

an instruction booklet/manual for the furniture shall be provided;

the bases of furniture (for example, table and chair legs/cantilever) shall be protected in order to prevent floor damage;

an installation of the supplied furniture shall include delivery and assembly of all supplied furniture; demonstration of use and assembly possibilities to selected Eurojust staff members;

all adjustments in furniture shall be possible without the use of special tools;

all packaging materials shall be disposed by the successful tenderer;

where applicable, the materials used for furniture shall not contain any of the following substances: antimony, zinc, lead and cadmium;

where applicable, the material used for furniture shall not contain more of the following weights of substances: arsenic (50 mg/kg), chrome (100 mg/kg), copper (250 mg/kg), nickel (200 mg/kg) and tin (250 mg/kg);

under normal use, furniture shall have a minimum lifetime of 10 years.

Please note that in order to prove compliance with ALL general mandatory requirements for all furniture the tenderer shall provide the Technical Proposal Form (Annex A – Part 1) duly completed. Tenders that do not cover all the above mentioned general mandatory requirements for office furniture shall be rejected.

The specific requirements regarding the technical compliance (i.e., ergonomics, safety and durability) of office furniture are described below.

B.1.2.2. Requirements for the technical compliance of office furniture

i) Essential standard office furniture

The required items of essential standard office furniture are listed in the Technical Proposal Form (Annex A – Part 2, I, items 1 to 12) together with a description of technical requirements for each item.

Please note that the tenderer shall be able to supply ALL these items. Tenders that do not cover all items of essential standard office furniture in accordance with the technical requirements shall be rejected.

The tenderer’s ability to supply essential standard office furniture as described in the Technical Proposal Form (Annex A – Part 2, I, items 1 to 12) will be evaluated in conformity with the Award Criteria (Section B.6.).

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Please note that where, in the Technical Proposal Form (Annex A – Part 2, I, items 1 to 12), a “1” is specified (as a minimum point to be obtained), this indicates a mandatory requirement that shall be fulfilled by the item proposed by the tenderer. If the relevant minimum requirement is not met, the tender shall be rejected.

All dimensions (sizes) in the Technical Proposal Form are included to give an indication of what is desired. Please specify in the required field the dimensions (sizes) you are proposing and are very close to Eurojust’s requirements.

The tenderer’s ability to provide a choice of functionalities will be considered as an advantage, for which additional points will be awarded according to the relevant requirement as described in the Technical Proposal Form (Annex A – Part 2, I, items 1 to 12) and, respectively, it will be evaluated in conformity with the Award Criteria (Section B.6.).

ii) Non-standard furniture: Senior management furniture

During the contract implementation period, Eurojust may require the provision of senior management furniture for its Heads of Units and the Administrative Director. The required items of senior management furniture are listed in the Technical Proposal Form (Annex A – Part 2, II, numbers 13 to 15) together with a description of technical requirements for each item.

Please note that the tenderer shall be able to supply ALL these items. Tenders that do not cover all items of senior management furniture in accordance with the technical requirements shall be rejected.

The tenderer’s ability to supply senior management furniture as described in the Technical Proposal Form (Annex A – Part 2, II, items 13 to 15) will be evaluated in conformity with the Award Criteria (Section B.6.).

Please note that where in the Technical Proposal Form (Annex A – Part 2, II, items 13 to 15) a “1” is specified (as a minimum point to be obtained), this indicates a mandatory requirement that shall be fulfilled by the item proposed by the tenderer. If the relevant minimum requirement is not met, the tender shall be rejected.


The tenderer’s ability to provide a choice of functionalities will be considered as an advantage, for which additional points will be awarded according to the relevant requirement as described in the Technical Proposal Form (Annex A – Part 2, II, items 13 to 15) and, respectively, it will be evaluated in conformity with the Award Criteria (Section B.6.).

iii) Non-standard furniture: Executive Management Furniture

During the contract implementation period, Eurojust may require the provision of executive management furniture for its National Members. The required items of executive management furniture are listed in the Technical Proposal Form (Annex A – Part 2, III, numbers 16 to 21) together with a description of technical requirements for each item.

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Please note that the tenderer shall be able to supply ALL these items. Tenders that do not cover all items of executive management furniture in accordance with the technical requirements shall be rejected.

The tenderer’s ability to supply executive management furniture as described in the Technical Proposal Form (Annex A – Part 2, III, items 16 to 21) or equivalent will be evaluated in conformity with the Award Criteria (Section B.6.).

Please note that where in the Technical Proposal Form (Annex A – Part 2, III, items 16 to 21) a “1” is specified (as a minimum point to be obtained), this indicates a mandatory requirement that shall be fulfilled by the item proposed by the tenderer. If the relevant minimum requirement is not met, the tender shall be rejected.


B.1.2.3. Requirements regarding related essential services

In addition to the above mentioned, the tenderer shall provide the below listed related essential services:

i) Delivery

Delivery services shall meet Eurojust standards, as specified in the relevant provisions of the Model Contract (Annex C).

In addition, the delivery services proposed by the tenderer shall meet the following specific requirements:

Delivery of the supplied furniture to Eurojust, to Eurojust premises in The Hague, in specific offices and/areas as indicated by Eurojust staff.

Planning strategy for the delivery: security measures at the Eurojust premises are stringent. Therefore planning and forethought are required to meet the strict security requirements. The tenderer shall, therefore, provide staff with a verifiable level of trustworthiness and to use, as much as possible, a single set of workers.

In addition, the tenderer shall comply with the security and safety rules indicated by Eurojust. In particular, the tenderer shall ensure that:

The staff shall be able to identify themselves at all times.

The staff shall comply with Eurojust “house rules” as applicable.

Eurojust has the right to request the replacement of staff if they feel it necessary.

If requested, the tenderer shall give the details of the staff involved for screening. All information would be treated as confidential.

All goods must be delivered through a single delivery entrance. In order to avoid losing time, scheduling and coordination of deliveries will be an important issue. Please note that during delivery and assembly, all staff of the tenderer shall be accompanied and observed throughout their on-site work by a Eurojust employee.

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Specific delivery modalities: the supplied office furniture shall be delivered with adequate parts and spares to make small repairs (at least 10% of the ordered quantity). Parts and spares are defined as cupboard hinges, screws, nuts and bolts, shelf hinges etc.

ii) Ordering and invoicing

Ordering and invoicing modalities shall meet Eurojust standards, as specified in the relevant provisions of the Model Contract (Annex C).

iii) Installation and assembly of furniture

Installation of the supplied furniture shall include delivery and assembly of all supplied furniture; demonstration of use and assembly possibilities at Eurojust’s premises to selected Eurojust staff members. An instruction booklet/manual for the furniture shall be provided. All packaging materials shall be disposed by the successful tenderer. Specific modalities of installation and assembly of furniture shall meet Eurojust standards, as specified in the relevant provisions of the Model Contract (Annex C).

iv) Warranty

As a minimum requirement, the tenderer shall propose a warranty for each item of supplied furniture (including modules and parts), covering all the below described services (i.e., return of goods and warranty maintenance). The proposed warranty period should be at least 1 (one) year for all above mentioned categories of office furniture. In particular, the warranty shall cover:

o Return of goods: all furniture is at the risk of the tenderer until it is delivered to the Eurojust premises, set up and assembled into a working item. Furniture that is damaged / defective on arrival must be replaced by the tenderer within maximum ten (10) working days.

o Warranty maintenance: the tenderer shall be able to provide an appropriate warranty service for each item offered. The minimum service level related to the technical support shall cover at least the following:

In case of failure related to mechanical parts, module or extensions, the tenderer shall provide Eurojust with experienced personnel / technicians for the repair or replacement of the part within three (3) working days from the day of notification. In case the repair demands the transportation of the item outside Eurojust’s premises, the tenderer must complete his task within a maximum ten (10) working days. Where necessary, the tenderer shall deliver and install temporary furniture at Eurojust’s premises while repairs are being made. The cost of parts and spares, transportation, technical team travel and accommodation for such installation, are completely and solely covered by the tenderer.

Defects or scratches caused during transportation or installation shall be repaired / replaced according to the above mentioned requirements.

v) Corrective maintenance Eurojust may need maintenance services for its present office furniture. Ideally, the tenderer shall be able to provide corrective maintenance of all furniture presently used by Eurojust. The proposed maintenance shall consist of minor repairs and adjustments. In addition, corrective maintenance must comply with the same provisions as described above for warranty maintenance.

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vi) Customer Support Policy

The successful tenderer shall identify a Project Manager within its organisation who will represent the single contact point for all communication with Eurojust. Similarly, Eurojust will designate a contact person in Eurojust’s Facility Management Sector in charge of handling contacts with the successful tenderer. All communications and exchange of information between Eurojust and the successful tenderer shall be held in writing (email) and be addressed to the successful tenderer’s Project Manager and to Eurojust’s contact person accordingly. A customer desk service shall be available during office hours to respond to all Eurojust’s queries within 24 hours.

Furthermore, the tenderer shall be able to provide the following regular information on the performance of its services:

Provide Eurojust with prior planning of deliveries and regular updates on future deliveries/maintenance schedules etc.

Upon Eurojust’s special request, reports on the management of the other services to be performed by the tenderer.

Please note that the tenderer shall be able to provide ALL related essential services as described above. Tenders that do not cover all the above mentioned services shall be rejected.

The tenderer shall include a clear and comprehensive description of the following essential services - Warranty; Corrective maintenance; Customer Support Policy - in the Technical Proposal Form (Annex A – Part 3, I, II and III).

The mentioned essential services - Warranty; Corrective maintenance; Customer Support Policy - will be evaluated in accordance with the Award Criteria (Section B.6.).

B.1.2.4. Other requirements

i) Availability of proposed furniture

The tenderer shall ensure that the proposed office furniture mentioned in Section B.1.2. will be available for at least 2 (two) years.

Tenderers are requested to propose the actual availability period of all above mentioned items of office furniture in the Technical Proposal Form (in accordance with Annex A - Part 2 – items 1-21).

The tenderer shall describe the proposed availability of furniture in the Technical Proposal Form (Annex A – Part 4, I).

The tenderer’s ability to supply the proposed furniture for a period of longer than 2 (two) years will be considered as an advantage in accordance with the Award Criteria (Section B.6.). The furniture availability period proposed by the tenderer will be assessed as specified in Section B.6 (Award criteria).

ii) Eco-friendliness

Eurojust would like to purchase products that are environmentally friendly. As examples of environmental friendliness it is meant: wooden parts made of wood that has been harvested from environmentally sustainable managed forests, recycled

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materials content in synthetic materials/plastic parts and wood-based materials and organically produced cotton or other natural fibres are used in textiles.

If applicable, the tenderer shall describe the proposed eco-friendliness for furniture in the Technical Proposal Form (Annex A – Part 4, II). Tenderers that can provide such solutions will score higher in the evaluation under the relevant award criterion as specified in Section B.6 (Award criteria).

In order to evaluate eco-friendliness in accordance with the Award Criteria (Section B.6.), the following proofs must be provided regarding each requirement:

Wooden parts made of wood that has been harvested from environmentally sustainable managed forests:

o Certificates of chain of custody for the wood fibres certified as FSC, PEFC or any other sustainable forest management standard.

o Relevant quality certificate (for example, ISO 9001, ISO 14002 or equivalent), which proves that the tenderer can supply office furniture with wooden parts made from wood that has been harvested from environmentally sustainable managed forests.

o Any other appropriate means of proof, such as technical dossier of the manufacturer or a test report from an independent body may be submitted.

Recycled materials content in synthetic materials/plastic parts and wood-based materials:

o Percentage by weight of recycled content of wood-based materials, plastic parts and/or synthetic materials in the final piece of furniture has to be stated in the appropriate documentation provided by the tenderer (such as technical dossier of the manufacturer or a test report from an independent body etc.).

For textiles: Organically produced cotton or other natural fibres:

o The tenderer must indicate the proportion of cotton or other natural fibres used in the textiles by weight deriving from organic productions (please note that to be considered as such, the fibre must be produced according to Regulation (EC) No.834/2007.). Therefore, the relevant evidence of the origin of the fibres used and the organic nature of their production, such as the EU organic logo or approved national logos for organic productions must be provided by the tenderer.

iii) Furniture for specific projects

Eurojust may have small projects to furnish, such as kitchenettes, a reception area and leisure corners. Items such as sofas, armchairs, coffee tables, benches, magazine racks, partitions, etc. may be required.

Eurojust may also require other items of furniture, for example:

Flexible dressing booths for locker rooms.

Lockers with glass doors (for visitors’ belongings).

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Benches for locker rooms.

Mirrors for locker rooms.

Custom-made furniture (e.g. filing cabinets).

The tenderer shall include a clear and comprehensive description of the proposed furniture for specific projects in the Technical Proposal Form (Annex A – Part 4, III).

The tenderer shall provide Eurojust with a catalogue of relevant available items. The tenderer shall attach the catalogue to the Technical Proposal Form (according to the Annex A – Part 6). This catalogue shall be supported by photographs, description of items and pricing lists, which may be drawn up according to the Pricing Form (Annex B – Part 1).

For the furniture for specific projects the tenderer may offer a flat discount rate. If applicable, this discount must be indicated in the Pricing Form (Annex B – Price Scenario) and it will be taken into consideration during the financial evaluation.

However, once the contract is in place, Eurojust reserves the right not to purchase any of the items of furniture for specific projects so-proposed by the successful tenderer.

B.1.2.5. Requirements regarding optional service

Once the contract is in place, Eurojust may require optional service in accordance with the following provisions:

i) Optional service: Disposal of furniture

Eurojust may require disposal of furniture and related materials. Ideally, the tenderer shall be able to provide disposal/recycling of old/replaceable Eurojust furniture as well as of all packaging materials for the supplied furniture free of charge.

If applicable, the tenderer shall describe the proposed optional services for disposal of furniture in the Technical Proposal Form (Annex A – Part 5, I). If any, the proposed disposal services will be considered as optional and will not be taken into consideration during the evaluation.

B.1.3. VARIANTS TO THE REQUIREMENTS

Variations on the requirements as contained in Section B.1.1 and B.1.2. are not allowed.

B.1.4. DIVISION INTO LOTS

This procurement procedure is not divided into lots. The tenderer must be able to provide all supplies and services requested as described in Section B.1.1. and B.1.2.

B.2. CONTRACT

B.2.1. TYPE OF CONTRACT AND DURATION

Eurojust proposes to award a framework contract for a duration of two (2) years.

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The Contract may be automatically extended up to a maximum of two (2) times, each time for a maximum period of twelve (12) months, unless written notification to the contrary is sent by one of the contracting parties at least three (3) months before expiry of the contract. The contract shall be extended under the same terms and conditions. In any case, extension does not imply any modification or deferment of existing obligations. Eurojust may, during the three years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice for additional contracts involving supplies/services similar to those assigned to the party awarded this contract by the same contracting authority.

B.2.2. CONTRACT IMPLEMENTATION

The framework contract will be implemented through orders. Although the intention is to request supplies and related services from the successful tenderer, the framework contract does not confer on the successful tenderer any exclusive right to provide the supplies/services specified in these Tender Specifications, and it does not impose any obligation on Eurojust to request such supplies/services.

B.2.3. CONTRACT PRICES

Prices for the provision of the supplies and related services listed in the technical proposal of the successful tenderer shall be as indicated in its financial proposal, drawn up according to the Pricing Form (Annex B) and the instructions provided in Section B.4. Once the contract has entered into force, the prices indicated in the financial proposal of the successful tenderer may be revised under the conditions laid down in the contract (Annex C).

B.2.4. IMPORTANT NOTE

The very fact of submitting a tender in response to this call for tenders implies that you:

Accept all terms and conditions as stipulated in these Tender Specifications and their annexes (including the Model Contract – Annex C);

Waive your own terms of business. The tenderers are requested to insert in their tenders a written statement of acceptance of the model contract (Annex J). Eurojust reserves the right to decline without further comment any tender that does not accept its model contract. In case the (potential) tenderers would like to raise objections or ask questions about the Tender Specifications and their annexes they should comply with the procedure indicated in Section C.5.1.1. below.

B.3. YOUR TECHNICAL PROPOSAL

Your technical proposal should consist of a clear and comprehensive response to ALL requirements, as specified in Section B.1 [Scope of Work].

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Your technical proposal shall be based on the Technical Proposal Form, which can be found in Annex A.

B.3.1. TECHNICAL PROPOSAL FORM (ANNEX A) The Technical Proposal Form is composed of:

Annex A with the relevant information regarding the following 5 (five) parts, i.e.:

1. General mandatory requirements for all furniture; 2. Requirements for the technical compliance of office furniture; 3. Requirements regarding related essential services; 4. Other requirements; 5. Requirements regarding optional service.

Annexes to your Technical Proposal Form in accordance with the list, which can be found in Part 6 of Annex A.

B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL? The Technical Proposal Form must be filled in according to the instructions contained in Annex A of the Tender Specifications. While preparing your technical proposal, you shall bear in mind:

the requirements specified in Section B.1.1. and B.1.2; the award criteria indicated in Section B.6.

Each page of the Technical Proposal shall be signed by a legal representative of the tenderer.

B.4. YOUR FINANCIAL PROPOSAL

Your financial proposal shall be based on the Pricing Form, which can be found in Annex B.

B.4.1. PRICING FORM (ANNEX B)

The Pricing Form (Annex B) is composed of: Price list (Part 1) for office furniture offered to Eurojust (items 1- 21); Price list (Part 2) for corrective maintenance services; Price Scenario (Part 3) for evaluation purposes.

B.4.2. HOW TO PREPARE YOUR FINANCIAL PROPOSAL? The Pricing Form must be filled in according to the instructions contained in Annex B of the Tender Specifications. While preparing your financial proposal, you shall bear in mind:

the award criteria indicated in Section B.6; the important notes specified in Section B.4.3 below.

Each page of the Pricing Form (Annex B) shall be signed by a legal representative of the tenderer.

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B.4.3. IMPORTANT NOTES

The tenderer shall note that: Financial proposals will be compared on the basis of the TOTAL VALUE OF THE

CONTRACT FOR 2 YEARS in accordance with the Price Scenario.

Charges not already included in your financial proposal will not be allowed in future quotations: therefore, you must be as complete in describing your price structure as possible.

For essential standard and non-standard office furniture: prices in the financial proposal will be considered as future reference for contract prices.

For furniture for specific projects: if the tenderer will offer a flat discount rate for prices for furniture for specific projects, it will be considered as future reference for the contract. Prices for furniture for specific projects will not be taken into account for the evaluation of the tenderer’s financial proposals. The tenderer shall provide Eurojust with a catalogue of relevant items supported by pricing lists, which may be drawn up according the Pricing Form (Annex B).

All prices must be quoted in DDP1 as well as in Euro, and where necessary, using the conversion rates published in the C series of the Official Journal of the European Union on the day when the offer is issued. This information is also available on the website of the European Central Bank at the following URL: http://www.ecb.int/stats/eurofxref/.

The tenderer’s financial proposal shall exclude VAT and all other duties, taxes and charges, as Eurojust is exempt from such charges. For tenderers to which the exemption does not apply under their national law, the financial proposal shall clearly state the prices exclusive of taxes, together with the corresponding tax.

B.5. TENDERER’S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA

B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA

Tenderers shall be excluded from this procurement procedure if: (a) they are bankrupt or being wound up, are having their affairs administered by the

courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata;

(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the

1 Inco Terms DDP (Delivered Duty Paid)

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contracting authority or those of the country where the contract is to be performed;

(e) they have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

(f) they are currently subject to an administrative penalty referred to in Article 96(1) of the Financial Regulation (Council Regulation no 1605/2002).

In addition, a contract shall not be awarded to tenderers who, during the procurement procedure for this contract: are subject to a conflict of interest; are guilty of misrepresentation in supplying the information required by Eurojust as

a condition of participation in the procurement procedure or fail to supply this information;

find themselves in one of the situations of exclusion referred to in Article 93(1) of the Financial Regulation (Council Regulation no 1605/2002) for this procurement procedure.

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

Document to be provided: You shall provide - in original - a declaration on honour drawn up according to the template found in Annex D, dated and duly signed by the legal representative of the tenderer.

B.5.2. CAPACITY: SELECTION CRITERIA

You - as the tenderer - must have the overall capabilities (technical / professional, economic / financial, legal) to perform the contract. If one of the selection criteria listed below is not fulfilled, your tender may not be further evaluated.

B.5.2.a. TECHNICAL AND PROFESSIONAL CAPACITY

Selection criteria: You – as the tenderer - must prove that you have a minimum experience of at least 5 (five) years in providing the supplies and services as stated in these Tender Specifications and your professional capacity should be appropriate to the required supplies and services.

Documents to be provided: a brief history of the company, including length of time in business, overall size,

organisational structure, staff and description of activities relating to the supplies and related services of the type required in these Tender Specifications.

a list of the main contracts achieved in the past 2 (two) years specifying the value, dates and recipients of the supplies and related services provided, covering the same kind and quantity as requested in these Tender Specifications.

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B.5.2.b. ECONOMIC AND FINANCIAL CAPACITY

Selection criteria: You – as the tenderer - must prove that you are in a stable financial position and you have the financial capacity to provide the required supplies.

Documents to be provided: Copies of the balance sheets and economic outturn (profit & loss) statements

covering at least the last two years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established.

The Financial Capacity Form (Annex E) duly filled in and signed by a legal representative of the tenderer or its auditors.

In case the tenderer is not able to provide the foregoing documents at the tender stage, e.g. if publication of these is not required under the company law of the country in which the economic operator is established etc., other documentation, proving the stable financial position may be acceptable. Such other proof may be a letter/statement by certified auditors confirming the required financial data or the financial stability of the respective economic operator.

B.5.2.c. LEGAL CAPACITY

Selection criteria: You – as the tenderer - must prove that you are authorised to perform the contract under national law.

Documents to be provided: a certificate of registration in the relevant trade or professional registers in the

country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

B.5.3. IMPORTANT NOTE The abovementioned documentation concerning exclusion and selection criteria (Sections B.5.1 and B.5.2) must specifically relate to the tenderer, i.e. to the company submitting a tender in the framework of this procurement procedure. In case of a joint offer submitted by a consortium, the tenderer shall provide the information and documentation listed in Section E.1.2, in compliance with the terms and conditions specified in Section E.1. In case of subcontracting, the tenderer shall provide the information and documentation listed in Section E.2.2, in compliance with the terms and conditions specified in Section E.2.

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B.6. AWARD CRITERIA

Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender. First, the evaluators will check if the tenderers are able to provide all the general mandatory requirements for all furniture mentioned in Section B.1.2.1. (Annex A - Part I will be checked). Only tenderers answering “YES” to all the questions and compliant with all the general mandatory requirements stated therein will be further analysed.

Then, the following award criteria will be applied:

Qualitative award criteria Minimum points

Maximum points

Compliance with technical requirements The tender will be evaluated based on the following characteristics of the office furniture items proposed by the tenderer (in accordance with the Technical Proposal Form – Annex A, Part 2, items 1-21):

o Safety: physical: stability of the furniture; electrical: good cable isolation; choice of materials and products: fireproof, etc.;

o Durability: expected duration related to the foreseen use of the furniture;

o Ergonomics: furniture usage in accordance with its operating environment and its functionality, facilitating installation or moving and meeting also certain aesthetic criteria;

o Other requirements with respect to the technical compliance.

101 126.5

Related essential services The tender will be evaluated based on the following characteristics of the services proposed by the tenderer (in accordance with the Technical Proposal Form – Annex A, Part 3, I, II, III):

o Warranty - period and terms offered above the minimum requirement at no

25

10

70

40

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additional cost;

o Corrective maintenance – terms and conditions offered by the tenderer;

o Customer support policy - terms and conditions offered by the tenderer.

10 5

20

10

Availability of furniture as compared to the minimum requirements included in the Tender Specifications (in accordance with the Technical Proposal Form – Annex A, Part 4, I).

10

30

Eco-friendliness - supply of furniture produced with environmentally friendly materials and processes as specified in Section B.1.2.4. ii) of the Tender Specifications (in accordance with the Technical Proposal Form – Annex A, Part 4, II), i.e.:

Wooden parts made of wood that has been harvested from environmentally sustainable managed forests;

Recycled materials content in synthetic materials/plastic parts and wood-based materials;

For textiles: Organically produced cotton or other natural fibres.

0 0 0 0

60

20

20

20

Total maximum number of points to be awarded: 286.5

Tenderers scoring less than the minimum points (as stated above) awarded for a single quality sub-criterion will be excluded from the rest of the assessment procedure.

Price award criterion The total price will be calculated on the basis of the TOTAL VALUE OF THE CONTRACT FOR 2 YEARS indicated in the Financial Proposal (Annex B – Pricing Form – Part 3 – Price Scenario).

The contract will be awarded to the tender which is the most cost-effective (offers the best value for money) on the basis of the ratio between the total points scored for quality and the total price.

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Final evaluation QUALITY POINTS/TOTAL VALUE OF THE CONTRACT FOR 2 YEARS

= FINAL SCORE

The Final Score will be then multiplied by 100 000 for better visualisation of the results.

B.7. TIMETABLE

Milestone Deadline (*) Notes

Deadline for registering to the site visit

16/04/2012 at 12.00 CET

The modalities for registering for the site visit are specified in Section C.5.3.

Site visit 18/04/2012 at 11.00 CET

The modalities for the site visit are specified in Section C.5.3.

Deadline for sending requests for additional clarifications

23/04/2012 at 12.00 CET

The modalities for sending requests for additional clarifications are specified in Section C.5.

Deadline for dispatching tenders

10/05/2012 at 12.00 CET

The modalities for preparing and dispatching tenders are specified in Sections C.1, C.2, C.3. and C.4.

Deadline for registering at the public opening session

14/05/2012 at 12.00 CET

The modalities for attending and registering for the public opening session are specified in Section D.1.

Public opening session 16/05/2012 at 14.00 CET

The public opening session will take place at Eurojust’s premises, Saturnustraat 9, 2516 AD, The Hague (NL).

First meeting of the evaluation committee

Within 2 weeks following the

public opening session

Estimated

Notification of the outcome of the procurement procedure to the successful and unsuccessful tenderers

Within 1 week after the award

decision is signed Estimated

Signature of the contract for the required supplies and services July/August 2012 Estimated

(*) Deadline: All times are expressed in the local time in The Netherlands

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SECTION C – INSTRUCTIONS ON HOW TO TENDER C.1. CONTENTS OF YOUR TENDER

Tenders shall comprise the following three elements:

(i) Information and documentation about the tenderer’s eligibility and capacity (Envelope A), including:

Declaration on the tenderer’s eligibility to tender as specified in Section B.5.1, using the template found in Annex D, in original;

All documentation on the tenderer’s capacity as specified in Section B.5.2 included the form found in Annex E. Copies of original certificates/documents issued by an official authority in the country of origin or provenance may be accepted.

Written statement on the tenderer’s acceptance of the Eurojust’s model contract (Annex J) without any reservations;

The tenderer’s administrative data form found in Annex F to be filled in; The tenderer’s Financial Identification Form and Legal Entity Form using

the templates found in Annex L to be filled in (with all required attachments), in original;

If applicable, information and documentation on members of consortia and subcontractors as specified in Section E.

(ii) Technical proposal (Envelope B), prepared following the indications found in Section B.3 and based on the form found in Annex A.

(iii) Financial proposal (Envelope C), prepared following the indications found in Section B.4 and based on the form found in Annex B.

To ensure that all documentation required for this procurement procedure is provided, a checklist is annexed to these Tender Specifications as Annex G.

C.1.1. IMPORTANT NOTE

Tenders shall be submitted strictly in accordance with the conditions set out in these Tender Specifications (including the annexes). If any other conditions are attached to or referred to in the tenderer’s tender, the tenderer should declare that such conditions are entirely withdrawn.

The period of validity of the tender, during which the tenderer may not modify the terms of the tender in any respect, must be at least five months following the deadline for dispatching tenders. The successful tenderer must maintain its offer for a further four months from the date of the written notification of Eurojust’s intention to award it the contract.

Eurojust reserves the right to decline without further comment any proposal that does not accept its model contract.

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C.2. LANGUAGE OF YOUR TENDER

Tenders must be submitted in one of the official languages of the European Union. Since Eurojust’s working language is English, Eurojust would highly appreciate to receive tenders written in English. C.3. HOW TO PACKAGE YOUR TENDER?

Tenders must be submitted using the double envelope2 system – i.e. one outer envelope and three inner envelopes - in order to guarantee the confidentiality and integrity of data. The outer envelope shall be sealed with adhesive tape, signed across the seal and carry the following information:

TENDER FOR EUROJUST Tender Ref. No.2012/EJ/79 Tender Title: PROVISION OF OFFICE FURNITURE FOR EUROJUST

TENDER – NOT TO BE OPENED BY THE INTERNAL MAIL DEPARTMENT

Name of the Tenderer: ------------------------------------------------------------ Address of the Tenderer: ------------------------------------------------------------ ------------------------------------------------------------ ------------------------------------------------------------

The three innermost envelopes shall be composed of:

Envelope A. Eligibility and capacity, containing one original (clearly marked as Òriginal’) and three copies (each marked as `Copy’) of the supporting information and documentation related to the tenderer’s eligibility and capacity, as described in Section C.1.

Envelope B. Technical Proposal, containing one original (signed as indicated in Section B.3.2 and clearly marked as Òriginal`) and three copies (each marked as `Copy`) of the technical proposal, prepared following the indications found in Section B.3 and based on the Technical Proposal Form found in Annex A.

Envelope C. Financial Proposal, containing one original (signed as indicated in Section B.4.2 and clearly marked as Òriginal’) and three copies (each marked as `Copy’) of the financial proposal, prepared following the indications found in Section B.4 and based on the Pricing Form found in Annex B.

2 Appropriate packages may be used (e.g. boxes) if necessary

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C.4. HOW TO DISPATCH YOUR TENDER?

The tenderer shall dispatch its tender not later than the date and time indicated in Section B.7. The tenderer may choose to dispatch its tender by registered mail, courier service or hand delivery, to the following addresses:

By registered mail to: Eurojust - Procurement Office PO Box 16183 2500 BD The Hague, The Netherlands

By hand delivery or courier service to: Eurojust - Procurement Office Maanweg 174 (Mail reception at Regulusweg – Post 6)3 2516 AB The Hague The Netherlands

Tenders sent by other means (e.g. by e-mail or fax) or dispatched later than the deadline indicated in Section B.7 will be rejected.

N.B. The tenderer shall note that in case of tenders dispatched through registered mail or courier service, if the proof of dispatch is duly provided to Eurojust as explained in Section C.4.1.a below, tenders will be accepted even if – due to unexpected delays – they arrive after the date of the opening session. If no proof of dispatch is provided to Eurojust AND the tenders arrive after the opening session takes place, tenders will be rejected.

C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH

C.4.1.a. REGISTERED MAIL AND COURIER SERVICE

The tenderer shall dispatch its tender to the postal or courier service by the deadline indicated in Section B.7 at the latest. As a proof of dispatch, date and time of dispatch shall be clearly indicated in the outer envelope of the tender. In addition, the tenderer shall obtain a receipt of delivery issued by the postal or courier service clearly indicating the date and time of dispatch. By the deadline indicated in Section B.7, the tenderer must send a copy of this receipt to Eurojust by e-mail ([email protected]) or by fax (+31 70 412 5585), specifying the title and reference number of this procurement procedure, together with the name, e-mail address and telephone number of the tenderer.

C.4.1.b. HAND DELIVERY

The tenderer shall hand in its tender to the Eurojust official taking delivery by the deadline indicated in Section B.7 at the latest.

3 Opening hours: from Monday to Friday from 09.00 to 15.00, except on Eurojust official holidays (5, 6, 9, 30 April; 1, 9, 17, 18, 28 May; 15 August; 1, 2 November; 24 to 31 December 2012).

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As a proof of dispatch, the tenderer shall request a receipt, signed and dated by the Eurojust official taking delivery, clearly indicating the date and time when the Eurojust official took delivery of the tender. Please refer to Annex H. In order to ensure punctual hand delivery, the tenderer is strongly advised to take into account the time needed for security checks when entering the Eurojust building and for the actual handover of its tender to the Eurojust official in charge of taking delivery. Eurojust may not be held liable for any delays incurred by the tenderer when in Eurojust’s premises; the tenderer alone is responsible for ensuring that its tender is delivered on time.

C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS

Contacts between Eurojust and the tenderer may only take place in exceptional circumstances, under the following conditions:

C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS

C.5.1.1. REQUESTS FOR CLARIFICATIONS

Should the tenderer discover any discrepancies in the Tender Specifications or be in any doubt as to their meaning, the tenderer should notify Eurojust. The tenderer may also request additional information and/or clarifications on the procurement procedure, the Tender Specifications or the nature of the contract. Such requests shall be made in writing only; no telephone queries will be accepted. The requests shall indicate the tender reference number and title, and shall be sent by e-mail, fax or mail to:

Eurojust - Procurement Office PO Box 16183 2500 BD The Hague, The Netherlands Fax: +31 70 412 5585 E-mail: [email protected]

All queries shall be sent to Eurojust no later than the deadline indicated in Section B.7. Tenderers shall note that Eurojust is not bound to reply to requests for additional clarifications made less than 5 working days before the deadline for dispatching tenders.

C.5.1.2. AMENDMENT OF THE TENDER SPECIFICATIONS

At any time prior to the deadline for dispatching tenders, Eurojust may modify the Tender Specifications by amendment. In order to allow tenderers reasonable time in which to take the amendment into account in preparing their tenders, Eurojust, at its discretion, may extend the deadline for dispatching tenders.

N.B. The information concerning requests for clarifications and/or amendments of the Tender Specifications will be made available electronically on the Eurojust web site (http://www.eurojust.europa.eu/procurement/Pages/ongoing-calls-tender.aspx) no later than 6 days before the deadline for dispatching tenders. Eurojust web site will be updated regularly. It is the tenderer’s responsibility to check for updates and modifications during the tendering period.

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Clarifications and/or amendments will be regarded as an integral part of the Tender Specifications.

C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS

If, after the deadline for dispatching tenders, a clarification is needed by Eurojust or if obvious clerical errors in the tender need to be corrected, Eurojust may contact the tenderer, although such contacts may not lead to any alterations of the terms of the submitted tender.

C.5.3. SITE VISIT

A site visit to the premises of Eurojust will be held after the launch of the procurement procedure, i.e., on 18/04/2012, at 11:00.

Tenderers are invited to participate in the site visit in order to see the office furniture, which is currently in use, and to ask clarifications on the issues they consider relevant and useful to prepare an offer for this call for tenders.

For the site visit tenderers have to apply in writing by sending an e-mail, fax or mail to:

Eurojust - Procurement Office

PO Box 16183

2500 BD The Hague, The Netherlands

Fax: +31 70 412 5585

E-mail: [email protected]

These requests shall indicate the reference number of the procurement procedure, the title, the details of the tenderer and the contact person, who will be the representative of the tenderer and will attend the site visit.

All applications for the site visit shall be sent to Eurojust no later than the deadline indicated in Section B.7.

C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED?

Consortia of economic operators are authorised to submit tenders (joint offers) in compliance with the terms and conditions specified in Section E.1. The tenderer may subcontract the tasks specified in Section B.1 [Scope of Work] to other economic operators in compliance with the terms and conditions for subcontracting specified in Section E.2.

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SECTION D – HOW WILL TENDERS BE EVALUATED?

D.1. PUBLIC OPENING SESSION

Tenders are opened by an opening board, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality. D.1.1. FORMAL OPENING REQUIREMENTS

The main aim of the opening session is to check whether the tenders received are compliant with the following formal requirements:

(i) the tender was not dispatched later than the dispatch deadline indicated in Section B.7,

(ii) the package containing the tender is sealed, in order to guarantee the confidentiality and integrity of data,

(iii) the tender contains information and documentation on the tenderer’s eligibility and capacity (Envelope A), a technical proposal (Envelope B) and a financial proposal (Envelope C), as indicated in Section C.3,

(iv) the technical proposal and the financial proposal are signed as indicated in Section C.3,

(v) the tender is submitted in the number of copies required in Section C.3. If tenders are not compliant with requirements no. 1 and 2, they will be rejected. D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSION

The public opening session will take place at Eurojust’s premises on the date and time indicated Section B.7. One representative per tenderer is allowed to attend the opening session as an observer. Should a tenderer wish to be present, it shall inform Eurojust of the name of its representative by email ([email protected]) or by fax (+31 70 412 5585), not later than the date and time indicated in Section B.7. For security reasons, tenderers who do not register within the given deadline, will not be allowed to attend the opening session. D.2. TENDER EVALUATION SESSION

Tenders complying with the formal opening requirements checked during the opening session are evaluated in three stages by an evaluation committee, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality.

(i) The evaluation committee first discusses the eligibility of the tenderer to participate in the procurement procedure as defined in Section B.5.1.

(ii) The evaluation committee then checks the capacity of the tenderer to perform the contract against the selection criteria as defined in Section B.5.2. If one of the relevant criteria is not positive, its tender may not be further evaluated.

(iii) Afterwards, each member of the evaluation committee evaluates the technical and financial proposals and awards a score against the award criteria as

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defined in Section B.6. The most economically advantageous tender is established.

In case of joint offers submitted by consortia and in case of subcontracting, the exclusion, selection and award criteria are assessed in compliance with the terms and conditions specified in Section E.

N.B. The evaluation procedure is confidential. The deliberations of the evaluation committee are held in closed session and its recommendations are collective. The members of the evaluation committee are bound to secrecy.

SECTION E – JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS

E.1. JOINT OFFERS SUBMITTED BY CONSORTIA

E.1.1. INTRODUCTION

Groups of economic operators (consortia) are authorised to submit tenders (joint offers). In this case, each member of the consortium shall fulfil the requirements and accept the terms and conditions set out in the Invitation to Tender, the Tender Specifications, the Model Contract as well as all the relevant annexes. The members of the consortium shall designate one member as Consortium Leader with full authority to bind the consortium and each of its members. The Consortium Leader shall act as a single point of contact with Eurojust in connection with the present procurement procedure. Eurojust may not demand that consortia must have a given legal form in order to be allowed to submit a tender. However, the consortium selected may be required to adopt a given legal form after it has been awarded the contract and before the contract is signed, if this change is necessary to the proper performance of the contract.

E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDED

In the section of the tender related to the tenderer’s eligibility and corporate capability (Envelope A), the consortium shall clearly specify the role and tasks of each member of the consortium. In addition, each member of the consortium must provide the following documentation:

Documentation related to its eligibility to tender, as specified in Section B.5.1;

Documentation related to its legal capacity, as specified in Section B.5.2; Documentation related to its economic and financial capacity, as specified in

Section B.5.2; Documentation related to its technical and professional capacity

(documentation to be provided by each member of the consortium to the extent of its respective share of tasks), as specified in Section B.5.2.

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A letter of intent, designating the Consortium Leader and ensuring the proper execution of the respective share of tasks if the Consortium is awarded the contract.

E.1.3. EVALUATION

Joint offers submitted by consortia will be assessed as follows: o The exclusion criteria (Section B.5.1) and the selection criteria for the legal

capacity (Section B.5.2) will be assessed in relation to each member of the consortium individually;

o The selection criteria for the economic and financial capacity (Section B.5.2) will be assessed as follows: For criteria set as minimum viability standards on financial and economic

standing (e.g. by means of appropriate statements from banks or balance sheets), an individual evaluation will be made;

For criteria that are deemed to be achieved above a certain level (e.g. overall turnover or turnover with respect to the specific tender), a consolidated assessment – all members of the consortium together – will be made;

o The selection criteria for the technical and professional capacity (Section B.5.2) will be assessed in relation to the combined capacities of all members of the consortium, as a whole;

o The award criteria (Section B.6) will be assessed in relation to the tender.

Since all members of the consortium are jointly and severally liable towards Eurojust for the performance of the contract, statements included in the joint offer saying, for instance:

that each member of the consortium will be responsible only for a specific part of the contract, or

that a separate contract should be signed with each member of the consortium if the joint offer is successful,

are incompatible with the principle of joint and several liability. Eurojust will disregard any such statement contained in a joint offer, and it reserves the right to reject such offers without further evaluation, on the grounds that they do no comply with the Tender Specifications.

N.B. If a member of the consortium does not fulfil one of the exclusion or selection criteria, the whole consortium shall be excluded.

E.1.4. CONTRACT IMPLEMENTATION

Once the Contract has entered into force, all members of the consortium shall be jointly and severally liable towards Eurojust for the performance of the Contract, they shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective share of the services. The Consortium Leader – duly authorised by the other members of the consortium – will be entitled to sign any contractual documents; it shall act as a single point of contact with Eurojust in connection with the services to be provided under the Contract; it shall co-ordinate the provision of the services by the consortium members to Eurojust; it shall guarantee a proper administration of the Contract.

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The composition of the consortium and the allocation of tasks among the members of the consortium shall not be altered without prior written information to Eurojust. E.2. SUBCONTRACTING

E.2.1. INTRODUCTION

The tenderer may subcontract the tasks specified in Section B.1 [Scope of Work] to other economic operators, as long as the supplies and/or services are provided in accordance with the Tender Specifications and have no impact on the prices proposed in its financial proposal.

E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDED

In the section of the tender related to the tenderer’s eligibility and capacity (Envelope A), the tenderer shall:

(i) state which tasks it intends to subcontract and clearly indicate the roles, activities and responsibilities of the subcontractor(s),

(ii) specify the volume or proportion of the activities likely to be subcontracted.

In addition, if the tenderer intends to subcontract any activity to other economic operator(s), and the subcontractor(s) is/are already identified, the tenderer shall provide the following documentation for each subcontractor:

A letter of intent, stating the intention of the subcontractor to collaborate with the tenderer if the tenderer is awarded the contract, and the extent of the resources it will place at the tenderer’s disposal for the performance of the contract (Annex I);

Documentation related to the eligibility to tender of the subcontractor, as specified in Section B.5.1;

Documentation related to the legal capacity of the subcontractor, as specified in Section B.5.2;

Documentation related to the economic and financial capacity of the subcontractor, as specified in Section B.5.2;

Documentation related to the technical and professional capacity of the subcontractor (documentation to be provided to the extent of the activities that will be subcontracted), as specified in Section B.5.2.

E.2.3. EVALUATION

In case of subcontracting, the tender will be assessed as follows: o The exclusion criteria (Section B.5.1) and the selection criteria for the legal

capacity (Section B.5.2) will be assessed in relation to each proposed subcontractor individually;

o The selection criteria for the economic and financial capacity (Section B.5.2) will be assessed as follows: For criteria set as minimum viability standards on financial and economic

standing (e.g. by means of appropriate statements from banks or balance sheets), an individual evaluation will be made;

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For criteria that are deemed to be achieved above a certain level (e.g. overall turnover or turnover with respect to the specific tender), a consolidated assessment – tenderer plus subcontractor(s) – will be made, depending on the extent to which the subcontractor(s) will put their resources at the disposal of the tenderer for the performance of the contract;

o The selection criteria for the technical and professional capacity (Section B.5.2) will be assessed in relation to the combined capacities of the tenderer and the subcontractor(s), as a whole, depending on the extent to which the subcontractor(s) will put their resources at the disposal of the tenderer for the performance of the contract;

o The award criteria (Section B.6) will be assessed in relation to the tender.

N.B. If a subcontractor does not fulfil one of the exclusion or selection criteria, the tenderer shall be excluded.

E.2.4. CONTRACT IMPLEMENTATION

Once the contract has entered into force, the successful tenderer shall retain full liability towards Eurojust for the performance of the contract as a whole. Eurojust will not have any direct legal commitment with the subcontractor(s). During the execution of the contract, the contractor will need Eurojust’s express authorisation to replace a subcontractor with another subcontractor and/or to subcontract tasks for which subcontracting was not envisaged in the original tender, in compliance with the provisions on subcontracting foreseen in the contract.

SECTION F – SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION Eligibility documentation (exclusion criteria) The successful tenderer to whom Eurojust intends to award the contract will have to provide – within a short time limit defined by Eurojust and preceding the signature of the contract – the following documentation (original documents) related to the exclusion criteria listed in Section B.5.1 of the Tender Specifications:

o For the situations described in point (a), (b) or (e) of Section B.5.1 of the Tender Specifications, Eurojust shall accept, as satisfactory evidence, a recent extract from the judicial record or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of origin or provenance showing that those requirements are satisfied (eligibility documents 1).

o For the situation described in point (d) of Section B.5.1 of the Tender Specifications, Eurojust shall accept, as satisfactory evidence, a recent certificate issued by the competent authority of the State concerned (eligibility documents 2).

However, where the eligibility documents 1 and 2 are not issued in the country concerned, Eurojust shall accept, as satisfactory evidence for the situations described in points a) to e) of Section B.5.1 of the Tender Specifications, a sworn or, failing

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that, a solemn statement made by the successful tenderer before a judicial or administrative authority, a notary or a qualified professional body in its country of origin or provenance, clearly stating that the requested eligibility documents are not issued in the country concerned and that the successful tenderer is not in one of the above-described situations. Depending on the national legislation of the country in which the successful tenderer is established, these documents must relate to legal persons and/or natural persons. Please note that the signature of the contract between Eurojust and the successful tenderer will be conditional upon provision of the documentary evidence from the successful tenderer. IMPORTANT NOTICE: AS THE TIME LIMIT FOR SUBMITTING THE ABOVE-MENTIONED DOCUMENTATION IS RATHER SHORT (GENERALLY NOT MORE THAN 15 CALENDAR DAYS FROM THE NOTIFICATION OF THE CONTRACT AWARD), WE STRONGLY RECOMMEND THAT THE TENDERER STARTS GATHERING THE REQUESTED DOCUMENTS (especially in case of joint venture/subcontracting, including the relevant documents for consortium partners/subcontractors as laid down in section E) AS SOON AS POSSIBLE, IN ORDER TO HAVE THE DOCUMENTS READY TO BE SENT TO EUROJUST IN CASE IT IS AWARDED THE CONTRACT. This will allow reducing the time line to sign the awarded contract with Eurojust. However, Eurojust shall not sign the Contract with the successful tenderer until a standstill period of 14 calendar days has elapsed, running from the day after the simultaneous dispatch of the notification to tenderers (those rejected and the successful tenderer).

Capacity documentation (selection criteria) On Eurojust’s request, the successful tenderer shall submit the original certificates / documents to Eurojust for conformity check prior to the signature of the contract. In such case, please note that the signature of the contract between Eurojust and the successful tenderer will be conditional upon provision of the original certificates / documents from the successful tenderer. Additional administrative documentation On Eurojust’s request and within the time limit defined by Eurojust, the successful tenderer shall provide additional administrative documentation (e.g. legal entity form, financial identification form, VAT registration, etc.). Please note that the provision of the additional administrative documentation is necessary in order to prepare the contract and to authorise payments.

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