Inter-institutional procurement procedure

MULTIPLE FRAMEWORK CONTRACT IN "CASCADE"

CALL FOR TENDERS BY OPEN PROCEDURE

Tender specifications

CCI2009CE160AT090

TABLE OF CONTENTS

PART I - THE MULTIPLE FRAMEWORK CONTRACT 3

1. TITLE 3

2. PURPOSE AND CONTEXT OF THE CONTRACT 3

3. DESCRIPTION OF SERVICES PER LOT 4

4. CONDITIONS OF IMPLEMENTATION OF THE MULTIPLE FRAMEWORK CONTRACT IN CASCADE 11

5. DURATION AND TIMING , 13

6. PLACE OF PERFORMANCE 13

7. PARTICIPATION IN THE TENDERING PROCEDURE 13

8. DOCUMENTATION FOR TENDERERS : 13

9. ESTIMATE OF THE AMOUNT OF WORK INVOLVED 14

10. PRICE 14

11. TERMS OF PAYMENT 15

12. CONTRACTUAL CONDITIONS AND GUARANTEES 16

13. TENDER TO BE SUBMITTED BY THE TENDERER 16

14. EXCLUSION CRITERIA , 23

15. SELECTION CRITERIA 25

16. AWARD CRITERIA 27

PART II - THE SPECIFIC CONTRACTS AND ORDERS 29

1. IMPLEMENTATION OF THE CONTRACT - SPECļFIC CONTRACTS 29

2. IMPLEMENTATION OF THE CONTRACT - ORDERS FOR WORK 32

ANNEXES TO THE TENDER SPECIFICATIONS.. 35

Tender specifications

CCI2009CE160AT090

PART I - THE MULTIPLE FRAMEWORK CONTRACT

1. TITLE

Technical assistance "Multiple Framework Contract" for the preparation, appraisal, monitoring, closure by the Commission of projects receiving assistance from the ERDF, Cohesion Fund and IPA and in relation to associated thematic or sectoral issues, and for the audit of these projects by the European Court of Auditors (ECA).

2. PURPOSE AND CONTEXT OF THE CONTRACT

The Commission of the European Union provides financial assistance through the Cohesion Fund, the ERDF and IPA to the beneficiary Member States and the Candidate and potential Candidate countries. The overall objective of the "Multiple framework contract" is to provide technical assistance (TA) support in the preparatory, appraisal, monitoring and closure actions relating to projects1 or group of projects (hereafter "projects") funded or to be funded by the ERDF, the Cohesion Fund and IPA in the different beneficiary countries. The scope of this multiple framework contract also includes legal, socio-economic and technical advice on thematic or sectoral issues associated with such projects in the field of regional development. The technical assistance concerns principally the programming period 2007-13, but may also involve projects co-financed during the 2000- 2006 period either by the ERDF, the Cohesion Fund and ISPA2.

In addition, the ECA seeks technical assistance support for its audits in these same areas.

The supply of services will be ensured through a Multiple Framework Contract with cascade system. The Contract is divided into four lots:

o Lot 1: Transport investments

o Lot 2: Environmental investments

o Lot 3: Industry, energy, ICT and knowledge economy investments

o Lot 4: Education, health an (J culture investments

1 The term should be understood to include projects or group of projects for the provision of infrastructures and other investments including major projects as defined and falling within the scope of the relevant Structural Fund regulations.

Council Regulations establishing these Funds for the period 2007-2013 - OJ L210 of 31.7.2006 and the respective Regulations for the period 2000-2006 - DJL161 of 26.6.1999.

3. DESCRIPTION OF SERVICES PER LOT

3.1 Overview of services

Services under the Multiple Framework Contract will be divided into the following lots:

Lot 1: Transport investments in relation toi improvement of trans-European networks and links to the TEN-Т network; national, regional or urban projects in rail, road, inland waterways; integrated strategies for clean transport which contribute to improving thé access to and quality of passenger and good services; short-sea shipping, development of railway hubs, ports, airports, multimodal platforms and in general, intermodal transport.

Lot 2: Environmental investments in relation to: water supply, water and waste management; waste water treatment and air quality; prevention, control and fight against desertification; integrated pollution prevention and control; energy efficiency and aid to mitigate the effects of climate change; rehabilitation of the physical environment, including contaminated sites and land and brown-field redevelopment; promotion of biodiversity and nature protection, including investments in Natura 2000 sites; energy efficiency and sustainable development and use of pollution-prevention technologies; renewable energies, nature protection, anti-flooding and risk prevention.

Lot 3: Industry, energy, ICT and knowledge economy investments, in relation to: productive investments, aid and services to SMEs including the development of entrepreneurship, innovation, knowledge transfer and business support networks; the production and distribution of energy, including the improvements of trans-European energy networks, the integration of environmental considerations, the improvement of energy efficiency and the development of renewable energies; information society, including development of communications infrastructure, local content, services and applications, improvement of secure access to on-line public services and ICT networks; the creation of innovation centres and the development of R&D facilities and generally the development of endogenous potential by measures which support local and regional development including, support and services ţo enterprises and in particular, SMEs.

Lot 4: Education, health and culture investments, in relation to: education investments, health and social infrastructure and cultural infrastructure, including protection, promotion and preservation of cultural heritage and aid to improve the supply of cultural services.

These services, required to provide technical assistance in relation to projects and associated policies, will involve a number of diversified tasks in the following areas:

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Development of projects from the conceptual initiation stage to presentation of mature project proposals, including proposal of appropriate solutions and advice on structuring issues in connection with project preparation;

Review of project documentation such as investment and financial plans, feasibility studies, Environmental Impact Assessments (EIA), Strategic Environmental Assessments (SEA) , technical designs and cost estimates, tender documents, cost/benefit analysis studies, operational programmes, etc.;

Appraisal of the legal, institutional, economic and technical aspects of projects, with á view to assessing their quality, identifying gaps and proposing appropriate solutions,

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as well as the appraisal of strategic policy documents in connection with these projects;

Monitoring of implementation of projects, appraisal of any potential or actual implementation problems and proposed solutions, performance, compliance or financial auditing, verification of conformity with relevant Community law and Commission decisions;

Advice on policy, reference frameworks or guidelines and technical, legal, socio­economic issues in the field of regional development which affect or impact on the above and other tasks linked to the appraisal, preparation and monitoring of projects;

• Standard "quick appraisals" aimed at verifying rapidly how well major projects3 have been prepared, and whether the application submitted to the Commission is in line with the requirements of the relevant regulations, through desk based analysis of the project application dossiers.

Indicative activities, listed in a non-exhaustive way, to be undertaken under the framework contract are described in section 3.2.1. They indicate general parameters within which the specific terms of reference defining an assignment to be executed by the contractor will be drafted. The terms for the standard "quick appraisals" are detailed in section 3.2.2.

3.2 Definition of typical tasks under the framework contract

3.2.1 Technical assistance - specific contracts

Typically, technical assistance assignments will involve the drafting of reports prepared following desk research and involving missions by experts to the country concerned. The assignments will be defined on a case by case basis, and could include on the spot visits to the Cohesion Fund, the ERDF and IPA beneficiary countries or any other relevant country specified in the terms of reference. In the case of IPA, the tasks may involve assistanpe to the beneficiary states to prepare projects for submission to the Commission. Where the technical assistance assignment is with the ECA, the experts will be working within the context of performance, compliance or financial audits. Below are outlined in non-exhaustive way activities that may be required under the Contract:

3.2.1.1 Development of projects from the conceptual initiation stage to presentation of mature project proposals, for example:

• Assist and advise on preparation of outline plans and programmes for future implementation;

• Assist and advise on the range of technically feasible options and alternatives as well as on project structuring issues;

Regulation (EC) 1083/2006 of 5 July 2006; Articles 39 to 41 (OJ L210 of 31/07/2008) and its amendments and IPA Implementing Regulation 718/2207 (OJ L170 of 12 June 2007)

• Assist and advise on scoping, costing, and comparing options in a consistent and objective manner;

• Analyse economic costs, benefits and feasibility of investments and advise on least-cost solutions and best practice;

• Analyse financial status of projects and prepare financial models for the purpose of grant and loan applications;

• Analyse project economic and financial risk, prepare cost benefit analysis and develop tools and methodologies as appropriate;

• Advise on the relative eligibility and fundability of options and advise on structuring issues in connection with project preparation including public private partnerships.

3.2.1.2 Review of project documentation in relation to the state of the art and EU requirements and best practice, for example:

• Verify the reliability, soundness and accuracy of investment, business and financial plans;

• Assess the suitability and completeness of feasibility studies including: the identification of potential factors which may limit the project success and implementation of consistent solutions;

• Appraise captions analysis, demand analysis, and market analysis and timeframe for implementation;

• Examine the completeness and compliance of EIAs and other studies including nature conservation and water, waste and impacts on climate change;

• Confirm the suitability and completeness of technical designs, cost estimates*, tender documents, cost/benefit analysis studies, etc.;

• Appraise the suitability and completeness of economic analysis (including internal, external, direct and indirect effects) and employment impacts;

• Examine the consistency of financial profitability and sustainability studies along with related indicators as well as the consistency of EU contribution with the result of financial analysis and with co-funding rules and financing plan; adequacy of the financing scheme (mix grant-loans); tariff affordability

• Verify the application of state aid rules and "polluter pays" principle;

3.2.1.3 Appraisal of the legal, institutional, economic and technical aspects of project as well as the appraisal of strategic policy documents in connection with these projects, for example:

• Legal compliance with the EU environment legislation and completeness of relevant documentation. Use of the Commission's internal checklist for water and waste projects;

• Suitability of statutes of project companies and legal structures and national legal frameworks;

• Requirements for implementation suriport and institutional building set out in strategic policy documents and plans;

• Legal framework for tendering and contracting out works, goods and services; procurement strategy and planning including structures and responsible bodies;

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» State aid rales and competition issues;

• Technical and engineering aspects of projects, including project costs, technical standards and technological options;

• Project implementation arrangements, including the establishment of project implementation and management units; project implementation and engineering supervision.

• Financial and economic models, cost and benefit (C&B) analysis and other quantitative methods.

3.2.1.4 Monitoring of implementation of projects and their closure, appraisal of any potential or actual implementation problems and proposed solutions and verification of conformity with relevant Community law and Commission decisions, for example:

• The conformity of the environmental impact assessment, as well as nature and water evaluations, and of the development consent with the relevant EC legislation;

• The closure of Cohesion Fund (including ex-ISPA), ERDF and IPA projects;

• Audits of projects and validation of reports submitted by Member States;

• Monitoring of the effective incorporation in to the project design and development of measures taken in response to the EIA procedure;

• Data analysis and verification of cost and revenue projections;

• Appraisal of implementation progress and analysis of any problems;

• Evaluation of projects' operations and verification of compliance with EU requirements and decisions including specific conditions as described in Commission financing decisions.

3.2.1.5 Advise on policy documents, reference frameworks or guidelines ön technical, legal, socio-economic issues which affect or impact on the above and other tasL· linked to the appraisal, preparation and monitoring of projects;

• Compliance with EC law, environmental legislation, competition rules and other regulatory matters and conformity with EU policy and technical and legislative standards;

• Compliance with the 2006 Community Strategic Guidelines for the Cohesion Policy;

• Analysis of policy papers, reference frameworks, new laws supporting or affecting specific projects;

• Other tasks linked to the structuring, organisation and management of projects, for example, public private partnerships.

3.2.2 "Quick Appraisals" by orders

Major project applications are due to be submitted to the Commission in accordance with the requirements of Regulation 1083/2006 and its amendments for projects financed under the European Regional Development Fund (ERDF) and the Cohesion Fund (CF),

4 Regulation (EC) 1083/2006 of 11 July 2006, Articles 39 to 41 (OJ L210 of 31/07/2006)

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and Commission Regulation 718/2006 for projects under the Instrument for Pre-Accession Assistance (IPA)5. Standard quick appraisals are aimed at verifying rapidly how well major projects have been prepared through desk based analysis of the project application dossiers. The consultant will assess the content of the application form in line with the regulatory requirements for major projects in the programming period 2007-2013 as laid down in Council Regulations (EC) No 1083/2006, 1080/2006 an4 1084/2006, Commission Regulations (EC) No 1828/2006 and 718/2007, the Guidance on the Methodology for carrying out Cost-Benefit Analysis6 (working document No 4 and CBA guide), the Commission Guidelines on national Regional Aid for 2007-137 and also the Environmental Impact Assessment, Birds, Habitats and Water Framework Directives. The consultant should also be aware pf wider environmental policy and new legislation which might be relevant in specific cases (e.g. climate change, noise etc.).

The consultant will be requested to produce "quick appraisals" for major projects applications submitted to the Commission. The consultant should use appropriate standard reports for the "quick appraisal" of projects in the different areas covered by the four lots. The outline of the standard reports should be presented in the offer, including the method and checklists the consultant intends to use to assess the major project applications. The standard reports will be agreed with the Commission before the first orders are passed. In duly justified cases, if considered necessary, a site mission may be requested by the Commission.

Under each "quick appraisal", the consultant will address systematically the group of questions set out below and focus on verifying;

• Whether the project objectives are well defined and the project is technically sound, Indicatively, appraisals should focus on: whether the information on the nature and objectives of the project is adequate, phases have been clearly and correctly identified and timetable for implementation is reasonable; the proposed technical solution is appropriate bearing in mind market and technological developments, future demand and capacity constraints, the specific location and international competition, site conditions, environmental concerns, national requirements, etc.; the project costs are reliable based on sound cost estimates (including comparison with similar European projects); the project is the most suitable alternative between the options considered in the light of technical constraints and risks which may impact o;ti the project or jeopardise the project's success, including adequacy of measures taken to incorporate recommendations of the EIA procedure into the project design and development consent.

3 Commission Regulation (EC) 718/ 2007 of 12 June 2007, Article 157 (OJ L170 12/06/2007)

6http://ec.europa.eil/regionalj)olicy/sources/docoffic/working/sf2000_en.htm

7 OJ C 54, 4.3.2006

• Whether the project is worth co-financing,

Indicatively, appraisals should focus on the CBA analysis which accompanies the major project application file in order to verify whether the project carries a positive economic net present value considering its impact on development of the area concerned. More specifically the appraisal should confirm that the cost-benefit analysis has been carried out properly, that calculations are sound and correct, using appropriate assumptions, data and methodology (scope of the analysis, options, range of benefits taken into account and their valuation, use of incremental methodology), and that it is accompanied by a correct risk analysis (reflection of risk analysis in cost-benefit analysis, contingencies). The consultant should verify, in line with the Commission guidance, that the CBA is based on reliable and sound investment and pperating costs, that direct and indirect economic impacts have been properly assessed using appropriate prices, forecasting methodology and growth scenarios, including the impact on employment, there is an adequate market and demand analysis, environmental impacts have been properly quantified (externalities) including the application of the polluter pays principle, technological risks assessed, opportunity cost of a given investment etc..

• Whether the public contribution is justified,

Taking account of the assumptions made with regard to the economic analysis, the appraisal should focus on the adequacy and robustness of the financial analysis undertaken as well as its consistency vis-à-vis the socio­economic analysis by assessing the following non-exhaustive questions: the soundness of the underlying assumptions and calculations in particular of revenues and costs, the correct calculation of financial performance indicators, the appropriateness and adequacy of the financing scheme (mix grant-loans) and justification for the level of grant proposed. Particular attention should be paid to the consistency of the EU contribution with the result of financial analysis and with the co-funding rales identified by Article 55 and 56 of Regulation (EC) No 1083/2006 and its amendments and Article 150 of IPA Implementing Regulation 718/2007.

• Whether the project is consistent with other Community policies.

Appraisals should examine, as appropriate, whether the project is consistent with relevant Community policies and law, for example, sustainable development, protection and improvement of the environment, transport policy, competition, public procurement, equality between men and women etc. as this results from the major project application submitted to the Commission.

Required outputs

The results of the "quick appraisal" analysis should be concise reports providing clear statements on the questions investigated by the consultant on every project in line with the assignment description. In the appraisal, the consultant should clearly state: a) his findings and recommendations on the issues investigated; b) the elements of the project dossier which are satisfactory and not satisfactory, including from a legal and policy point of view; c) the main problems identified in relation either to the project itself or the

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accompanying information; d) which additional information is needed from the project promoter; e) his recommendations for improvements of the project application.

Estimate of services to be undertaken

The input for each "quick appraisal" is estimated to be on average 10 man days. The consultant is asked to offer a unit price for a typical "quick appraisal". The price for an order assignment will be calculated as the total amount of the unit price per "quick appraisal X number of "quick appraisals1' requested in an order (see Annex III.A order form in model framework contract).

Documentation available

The geographic unit of the Commission's Directorate General for Regional Policy responsible for handling the major project application will communicate the documents which are subject to the consultants' appraisal - application form with all attachments available - by e-mail, together with a note requesting a "quick appraisal". In the note requesting the "quick appraisal" the geographic unit responsible for the project application may detail any questions/issues arising in relation to the project and include any additional information it has in relation to the project application in question.

Documentation for major projects is standard (as detailed in Article 40 of Regulation 1083/2006 and in Annex XXI and XXII of Commission Regulation 1828/2006 and Article 157 of Commission Regulation 718/2007 and the corresponding standard IPA major project application). According to the Regulations, the following information on major projects shall be provided to the Commission:

(a) information on the body to be responsible for implementation;

(b) information on the nature of the investment and a description of it, its financial volume and location;

(c) the results of the feasibility studies;

(d) a timetable for implementing the project and, where the implementation period for the operation concerned is expected to be longer than the programming period, the phases for which Community co-financing is requested during the 2007 to 2013 programming period;

(e) a cost-benefit analysis, including a risk assessment and the foreseeable impact on the sector concerned and on the socio-economic situation of the Member State and/or the region and, when possible and where appropriate, of other regions of the Community;

(f) an analysis of the environmental impact;

(g) a justification for the public contribution;

(h) the financing plan showing the total planned financial resources and the planned contribution from the Funds, the EIB, the EIF and all other sources of Community financing, including the indicative annual plan of the financial contribution from the ERDF or the Cohesion Fund for the major project and IPA.

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The documents which will be subject to consultants' appraisal - application form with all attachments - will be in the language of the Member State and/or in English. Therefore, the bidders will have to take into account the importance of the required linguistic competences of the team in charge of the tasks. Such a team should have the capacity to work in the required field, using the appropriate languages.

Moreover, for the four lots and both for specific contracts and for orders, the team must have:

> a well balanced composition of relevant legal, economic and technical education (university, post-graduate level);

> well proven professional experience in Community policies relating to the different fields under the four lots (e.g. transport, environment, energy, research etc.);

>· excellent communication and drafting skills in English; > well proven professional track-record in providing results in paper and

electronic format to the highest standards of industry/research.

For the teams, tenderers should specify the proposed level of qualifications of the members of the team, and they should provide a detailed curriculum vitae of each team member proposed for carrying out the work, including his pr her educational background, degrees and diplomas, professional expérience, research work, publications and linguistic skills (see Annexe f).

4. CONDITIONS OF IMPLEMENTATION OF THE MULTIPLE FRAMEWORK CONTRACT IN CASCADE

Procedures

This is an open inter-institutional procurement procedure for call for tenders for a Multiple Framework Contract "in cascade". The Commission, in particular DG REGIO, and the Court shall co-operate in this inter-institutional procurement procedure. The resulting multiple framework contract will apply to the two participating Institutions. Other Institutions are not parties to the tender and may not use the contract a posteriori.

By "multiple framework contract in cascade" is meant a situation whereby separated but identical framework contracts are concluded between the Commission which is the leading institution in this procurement and several service providers with a view to ensuring that a contract can be performed in succession by one or the other of the Contractors, in descending order.

Multiple framework contracts "in cascade" will be concluded per each lot with the three tenderers ranked best in the evaluation of the bids. A list of Contractors in descending order will be drawn up based on the award criteria set out in the tender specifications. If the first Contractor is unavailable to carry out the work within the set time limits or in the event of underperformance ás described in Part IL the request to provide services will be automatically sent to the next Contractor on the list, in descending order.

Tenderers may submit a bid for one, several or all the lots. A separate bid should be submitted for each individual lot, specifying the number of the lot. Each tender must cover all the tasks of the lot to which it refers to. Bidding for only part of the tasks in ą lot is explicitly forbidden and will lead to the exclusion of the tender.

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The Multiple Framework Contract will be implemented through specific contracts or by orders (see Annex III of draft framework contract). The nature of services and tasks covered are described in section 3. Specific Contracts will be used on a case by case basis for all services described in section 3.2.1. The "quick appraisals" of major projects required by the terms of reference in section 3.2.2 will be implemented by orders.

The model Framework Contract applicable is provided in Annex II. Bidders must declare their acceptance of it and must take it into account in drawing up their tender.

Bidders' attention is drawn to the fact that the Framework Contract does not constjtute placement of an order/specific contract, but it is merely designed to set the legal, financial, technical and administrative terms governing relations between the contracting parties during the contract terms. Orders/specific contracts can only be requested using specific forms contained in Annex III.A to the Framework Contract (see enclosed).

Signature of the Framework Contract does not commit the Commission or the ECA (hereafter "the Institutions") to placing orders/service requests, and does not give the Contractor any exclusive rights to the services covered by the Multiple Framework Contracts. In any case, the Institutions reserve the right, at any time during the Framework Contract, to cease placing orders/service requests without the Contractor thereby having thé right to any compensation.

The Contractor will have sole responsibility for complying with all legal obligations incumbent on him, notably those arising from employment law, tax law and social legislation.

Į The Contractor may neither represent the Institutions nor behave in any way that would give such impression. The Contractor must inform third parties that he does not belong to the European public service, but is exercising the tasks on behalf of the European Union.

The Contractor will be solely responsible for the staff carrying out the work, who may not be placed in a position of dependency in relation to the Institutions.

It should be possible to provide the requested services in any of the beneficiary countries. Documents which will be subject to consultants' appraisal will be in the language of the countries concerned and in some cases in English. For the four lots, the communication language between the Institutions and the awarded contractors is English. Therefore, ability to read documents and communicate in the languages of the countries covered by the above mentioned funds will be of utmost importance.

The tender should clearly designate the project leader. In the case of contract award, the project leader will be the Institutions' contact point, the sole interlocutor to whom it will address any requests. He must provide the institutions with answers and solutions, both as regards the subject of the contract and organisational and administrative matters (including problems related to invoicing and payment) and implement them subject to the Institutions' agreement.

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DURATION AND TIMING

Framework Contract:

The Multiple framework contract enters into force on the date on which it is signed by the last contracting party, with an initial duration of 2 years and with the possibility to renew only once for 2 years, before the expiry of the Contract and with the express written agreement of the parties. Renewal will be considered 4 months before expity of the multiple framework contract.

Specific contracts or orders

Each assignment will be specified in a request for services or order form indicating the intended start date and the duration of the contract.

6. PLACE OF PERFORMANCE

As a general rule, the services will be rendered on the Contractor's premises, and occasionally, on the Commission's or EC A's premises, in the Member States, Candidate countries and/or potential candidate countries (Croatia, Former Yugoslav Republic of Macedonia, Turkey), and in any other country where Structural Funds are likely to intervene.

7. PARTICIPATION IN THE TENDERING PROCEDURE

The competition is open to any physical person or legal entity coming within the scope of the Treaties and any other physical person or legal entity from a third country which has concluded with the Communities a specific agreement in the area of public contracts, under the conditions provided for in that agreement.

The Multilateral Agreement on Government Procurement (GPA) concluded within the WTO applies and the contract is open to nationals of States that have ratified this Agreement, under the conditions provided for therein. The GPA does not cover all contracts awarded by the Institutions of the EC. Appendix I to the GPA sets out which contracts are covered. The full text of the GPA and its appendices can be found on:

http://www.wto.org/english/tratop__e/gproc_e/gp_gpa_e.htm

As a rule subcontracting is allowed. Consortia of economic operators are authorised to tender.

8. DOCUMENTATION FOR TENDERERS

General documents are available at the following internet addresses:

http://ec.europa.eu/reqional policy/index en.htm

http://ec.europa.eu/index en.htm

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As the tendering documents are available on the website of DG Regional Policy at the addresses: http://ec.europa.eu/regional_policy/tender/calls_en.htm or more specifically http://ec.europa.eu/regiorial policy/tender/tender en.htm, potential tenderers are requested to regularly verify the Internet website.

9. ESTIMATE OF THE AMOUNT OF WORK INVOLVED

For lot 1 the indicative maximum amount is EUR 4.400.000 (up to 4 years).

For lot 2 the indicative maximum amount is EUR 4.400.000 (up to 4 years).

For lot 3 the indicative maximum amount is EUR 1.700.000 (up to 4 years).

For lot 4 the indicative maximum amount is EUR 1.500.000 (up to 4 years).

These estimates are indicative.

Orders and specific contracts under each lot will not be signed once the budget is exhausted.

No guarantee can be provided as to the total number of orders or specific contracts under this Multiple framework contract, or as to the total amount contracted with an individual Contractor.

The signature of the Multiple Framework contract does not represent an obligation for the Institutions to award contracts up to the amounts indicated above or up to any other ceiling.

10. PRICE

The attention of the tenderer is drawn to the following points in relation to the price:

• Prices must be fixed amounts and not subject to revision during the initial duration of the contract (2 years). In case of renewal, the price may be subject to revision. Prices are inclusive of all ¿osts and expressed in euros, even for countries outside the euro zone. For tenderers from such countries, the prices may not be subsequently revised to reflect movements in the exchange rate. The choice of which exchange rate to use lies with the tendering party, who accepts both the risks and opportunities of any fluctuations ih this rate.

• The tender price must be expressed in euros as a consultancy working day rate by category of expert used and fixed travel and subsistence costs (mission costs), established according to the price schedule in point 13.

• Three categories of experts are to be provided (Price form to be completed in point 13 below and which will be annexed to the Framework contract):

-Category I junior expert- less than ten years professional experience in the area relevant to the assignment

-Category II between 10 and 20 years professional experience in the area relevant to the assignment

•

•

•

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-Category III senior expert more than 20 years professional experience in the area relevant to the assignment

The consultancy unit price is expected to cover all costs, including the salary costs and ALL associated administrative and overhead expenses for the members of personnel, excluding travel and subsistence expenses.

The travel and subsistence expenses required to carry out the service assignments will be reimbursed in accordance with the rates presented by the tenderer in the offer (price table in point 13), which will be annexed to the Framework Contract.

No translation costs will be reimbursed by the Commission/ECA.

Prices for specific contracts/orders will be presented as a lump sum, all inclusive (including fees, travel expenses and other costs). However, a breakdown of the estimated travel and subsistence expenses must be included by the Contractor, in order for the Institution to check conformity with the rates annexed to the Framework contract.

The prices schedule in point 13 to be filled by the tendering parties, will constitute the future contractual basis for the pricing for the specific contracts/orders. In this regard, it will form integral part of the Annex I| (Contractor's tender) of the Framework contract. The financial offer must be completed in full and signed by a person able to engage the bidder financially. Any incomplete tender will be excluded from the evaluation procedure.

Under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities, the Communities are exempt from any duties, taxes or charges, including VAT, and these should not, therefore, be taken into account when calculating the price quoted. Nevertheless, the VAT amount must be indicated separately.

All costs incurred in preparing and submitting tenders are borne by the tenderers and cannot be reimbursed:

11. TERMS OF PAYMENT

The Contractor shall submit requests for all payments expressed in euros, to the Commission or ECA depending on which institution signed specific contract/order. One payment of the balance shall be made after acceptance of the final report or any type of deliverable for each order or specific contract undertaken and within 30 days of the date on which a valid request for payment is registered by the Institution. For orders, the Institution shall have twenty days from receipt to approve or reject the report and any type of deliverable, and the Contractor shall have 10 days in which to submit additional information or a new report. For specific contracts the Institution shall have forty five days from receipt to approve or reject the report and any type of deliverable, and the Contractor shall have 20 days in which to submit additional information or a new report.

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For specific contracts, if the duration of the envisaged tasks exceeds six months, the Institution responsible for the specific contract may provide for one interim payment to be made equal to 40 % of the total amount referred to in the relevant specific contract. The conditions for the interim payment shall be clearly defined in the terms of reference for the specific contracts concerned, and will be reflected as a separate clause in the specific contract itself. The Institution shall have twenty days from receipt to approve or reject the report and any type of deliverable specified in the specific contract and the Contractor shall have 10 days in which to submit additiqnal information or a new report.

Requests for interim payments relating to performance of the specific contracts shall be addressed to the service of the Institution responsible for the specific contract.

12. CONTRACTUAL CONDITIONS AND GUARANTEES

• For contractual conditions, see the contractual conditions in the attached draft contract.

• No advance guarantee will be established.

13. TENDER TO BE SUBMITTED BY THE TENDERER

- Tenderers must include the following information in their replies:

All the information and documentation needed to enable the contracting department to appraise tenderers/tenders on the basis of the exclusion, selection and award criteria ;

The Table of Unit Prices;

Any other information and documentation required in the tendering documents.

- Tenders may be written in any of the official ĘU languages.

- Tenders from the consortia of companies or groups of service providers must specify the role, qualifications and experience of each member or group. A written statement from the entity or entities concerned that they will place financial and technical resources at the disposal of the Tenderer is required. They will also indicate the person that will legally represent the consortium to the ends of signature and implementation of the Framework Contract.

In case of tenders involving subcontractors, a letter of intent must be supplied by each subcontractor stating its unambiguous undertaking to collaborate with the tenderer if he wins the contract and the extent of the resources that it will put at the tenderers's disposal for the performance of the contract.

Recommendations for the presentation of replies to this call for tenders

Technical Part of the tender:

(1) Tenderers must present in their bids a proposal on the general methodology and the organisation of the work they will apply to the possible tasks under the Specific Contracts and the "quick appraisals";

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In particular, present in line with the award criteria:

(a) an interpretation of the tasks described in the terms of reference which demonstrates not only an understanding of the tasks, and the issues which affect them, but also the qualifications of the company or consortium to address these issues.

(b) a description of the Methodology proposed and sources of data including appropriate comments and suggestions on the terms of reference.

(ė) the organisation proposed to respond in terms of timing and quality to the request for required assignments.

(d) the composition of the team proposed to respond to the overall scope of the framework contract.

(2) The technical proposal should address all matters laid down in the specifications and should include models, examples and technical solutions to address problems raised in the specifications.

(3) The technical proposal must provide all information needed for the purpose of awarding the contract. In particular, tenderers must prove in the technical proposal that they have adequate analytical capability and legal, economical and technical experience both at European and at regional level.

Financial Part of the Tender

Prices must be quoted in euro. Prices shall be quoted free of all duties, taxes and other charges, as the European Community is exempt from such charges under Articles 3 and 4 of the Protocol on the privileges and immunities of the European Communities. Nevertheless, VAT should be shown separately.

• As a reminder, prices for specific contracts will be presented as a lump-sum on1

the basis of the expert fees and fixed travel and subsistence costs, as appropriate, established according to the price schedule to be filled by the tendering parties (see table below). No separate reimbursable expenses will be accepted. However, a breakdown of the estimated travel and subsistence expenses must be included by the Contractor, in order for the Commission to check conformity with the rates annexed to the Framework contract.

The Price Schedule (below), to be filled by the tendering parties, will constitute the future contractual basis for the pricing of specific contracts/orders, and will be used for identifying the most economically advantageous tender. In this regard, it will be integral part of the Contractor's Tender annexed to the Framework Contract. Accordingly, the financial offer must be completed in full and signed by a person able to engage the bidder financially. Any incomplete tender will be excluded from the evaluation procedure.

Bidders must provide the fees for each category of expert. These personnel fees must be fixed and include all costs (project management, quality control, training of the contractor's staff, support resources, etc.) and all expenditure (management of the firm, secretariat, social security, salaries, etc.) incurred directly and indirectly by the contractor in performance of the tasks which may be entrusted to him. In addition point A2 must

18

present the travel and subsistence costs for services provided in the places of performance of the Framework contract.

All references to prices for additional costs of co-ordination, general administration, etc will be ignored - such costs must be included as part of the price offer in the Table of Unit Prices.

Tendering parties must leave the presentation of this price schedule unchanged. If the table is reproduced using word-processing facilities one must ensure that all the fields from the original schedule are included in this reproduction. Omissions or changes to the original table may lead to elimination.

19

щ А.1

А.2

:Рш1

Expert fees (to be specified for each category)

Category I (price A)

Category II (price B)

Category III (price C)

typg-ofmÊI

Working day.

Working day

Working day

Mission Expense

A.2.1 Costof return travel for one member of contractor's staff from contractor's location to the field work place

-Austria

-Belgium

-Bulgaria

•Cyprus

-Czech Republic

-Denmark

-Estonia

-Finland

-France

•Germany

-Greece

-Hungary

-Ireland

•Italy

•Latvia

-Lithuania

-Luxembourg

-Malta

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

20

Illi 'ЕШЕШШ"ЯЕеШШаШШтШМШШш

-Poland

-Portugal

-Slovakia

-Slovenia

-Romania

-Spain

-Sweden

-The Netherlands

-United Kingdom

- Croatia

- Former Yugoslav Republic of Macedonia

- Turkey

...vffi.í.

Ж:......

, , : . : , .« : , . /£

ШшШ>!ФШаШШ

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

Per trip

A.2.2 Daily subsistence allowance

-Austria

•Bulgaria

-Belgium

-Cyprus

-Czech Republic

-Denmark

•Estonia

•Finland

-France

-Germany

N . . . , . : . . : ;

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

21

И

-Greece

•Hungary

-Ireland

•Italy

-Latvia

•Lithuania

Luxembourg

•Malta

-Poland

-Portugal

-Romania

•Slovakia

-Slovenia 1

-Spain

-Sweden

-The Netherlands

-United Kingdom

- Croatia

• Former Yugoslav Republic of Macedonia

- Turkey

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

Per day

N. B.: A working day ("w.d.") is considered to be 1 working day for 1 Contractor's member of personnel; for a given w.d., the hours worked beyond normal daily work time shall not be payable; normal work time is understood as respecting the law and regulations in force in the country where the services are to be performed.

22

Explanatory notes for the above table

• Part A. 1 - Expert fees

Specify the offered unit prices per working day for each level of qualification of Personnel (from Category I to III).

The definition of personnel shall be done according to the following categories and using the model CV provided for in Annex I to the Specifications:

Category I : junior expert- less than ten years professional experience in the area relevant to the assignment;

Category II : between 10 and 20 years professional experience in the area relevant to the assignment;

Category III : senior expert more than 20 years professional experience in the area relevant to the assignment.

The unit price in point Al is expected to cover the salary costs and ALL associated administrative and overhead expenses for the members of personnel, excluding the costs defined below.

• Part A.2 - Mission Expenses

These are the costs of return travel for one member of staff from the Contractor's location to the field work place required in the corresponding request for service.

The mission expenses, including daily allowances to countries outside the EU not specified in the Table for Price Units shall be determined by the Contractor in its proposal for each request for service. Any missions to countries not included in the Table may only be performed upon request/authorisation by the Institutions. The reimbursement will be made on the basis of original supporting documents, and in all cases, they may not go beyond the standard rates applied by the Institution to its staff (see Annex IV to the Tender Specifications) Journeys should be carried out by the most direct and economic route. (N.B. The fee for the time of the member of personnel at such missions will be determined in accordance with Part A.l).

Daily Subsistence Allowance covers all the subsistence costs (hotel/meals/local transport/etc.) for one member of personnel on mission for a one day of field work.

23

14. EXCLUSION CRITERIA

14.1 Exclusion from participation in the procedure

Tenderers are excluded from participating in a 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 judgment which has the force oí res judicata;

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

(d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be carried out;

(e) they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a crimirial organisation or any other illegal activity detrimental to the European Union's financial interests;

(f) they have, following another procurement procedure or grant award procedure financed by the European Union's budget, been declared to be in serious breach of contract for failure to comply with their contractual obligations.

Evidence:

1. Tenderers shall provide a declaration on their honour, duly signed and dated, stating that they are not in one of the situations described above (annex III to tender specifications).

2. The tenderer to whom the contract is to be awarded shall provide, within 10 days preceding the signature of the contract, the evidence referred to in the following paragraph, confirming the declaration referred to in the previous paragraph.

3. The contracting authority will accept, as satisfactory evidence that the tenderer to whom the contract is to be awarded is not in one of the situations described in points a), b) or e), a extract from the judicial record or, failing that, an equivalent document issued by a judicial or administrative authority in the country of origin or provenance, showing that those requirements are satisfied.

The contracting authority will accept, as satisfactory evidence that the tenderer is not in one of the situations described in point d), a certificate issued by the competent authority of the Member State concerned.

24

Where no such document or certificate is issued by the country concerned and for other cases of exclusion referred to in cases c) and f) above, 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 or her country of origin or provenance.

These documents or certificates must be valid on the closing date for receipt of tenders, and in any case, they must have been delivered less than 12 months before this closing date.

Depending on the national legislation of the country in which the tenderer is established, the documents referred to in 1 and 3 above must relate to legal persons and natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decision-making or control in relation to the tenderer.

14.2 Exclusion from award of the contract:

No contract will be awarded to tenderers who, at the time when contracts are being awarded under this procedure:

b) have a conflict of interest. The Commission must ensure that the tenderer does not, at the time of submitting a tender, have any conflict of interest in connection with this call for tenders, a conflict of interest pogsibly arising in particular as a result of economic interests, political or national affinities, family or emotional ties, or any other relevant connection or shared interest. The Commission reserves the right to assess whether a conflict of interest exists. To that end tenderers are asked to state whether their payroll, staff or shareholders include: > any former European officials, contract staff, temporary staff or auxiliary

staff who have worked for the European Union in the last three years preceding this call for tenders;

> any European officials on leave; > any former agents on secondment within the European institutions having

worked to the European Union during three years preceding this call for tender;

> any formel- trainees who have completed a placement at the Institutions during the year preceding this call for tenders.

Tenderers are also asked to declare: that they have not made and will not make any offer of any type whatsoever from which an advantage can be derived under the contract; that 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 the award of the contract; that they will inform the contracting authority, without delay, of any situation constituting a conflict of interest or which could give rise to a conflict of interest.

25

c) have been guilty of misrepresentation in supplying the information required by the contracting authority ąs a condition of participation in the contract procedure or have failed to supply that information.

Evidence:

The contracting authority will accept, as satisfactory evidence that the tenderer is not in one of the situations described in points 14.2.a) and 14.2.b), a declaration on honour signed by the tenderer using the model shown in Annexe III to Tender specifications. However, the Commission reserves the right to verify the information.

14.3. Tenders submitted by consortia 1

Where the tender is submitted by a consortium or by a contractor intending to subcontract part of the work or have it performed by another economic operator, the exclusion criteria defined above have to be fulfilled by each economic operator involved in the tender.

Evidence:

In the case of tenders submitted by consortia or groups of service providers, every economic operator in the tender must provide a declaration on honour to prove that none of the exclusion criteria for participation or award of contracts applies to it. The tenderer to whom the contract is to be awarded shall provide, within 10 days preceding the signature of the contract, the evidence referred to above, confirming the declaration on honour for every economic operator part of the consortia or group of service providers.

In the case of tenders involving subcontracting, the contractor to whom the contract is to be awarded shall provide, within 10 days and preceding the signature of the contract, the evidence referred to above for the exclusion criteria for participation or award of contracts, confirming the declaration on honour for every subcontractor for which the Commission will request it.

14.4 Legal position-means of proof required:

a) Where the tenderer needs a specific authorisation or must be a member of a specific organisation in order to provide the services concerned in his country of origin, he must prove that he holds this authorisation or that he belongs to this organisation.

b) The tenderer is required to furnish proof of his enrolment on the professional or trade register, or a sworn statement or certificate in accordance with the conditions laid down in the Member state in which he is established.

15. SELECTION CRITERIA

15.1 Economic and financial capacity - means of proof required

The tenderers must prove that they have the economic and financial capacity to carry out the tasks set out in the tender specifications throughout the duration of the contract.

26

Proof of financial and economic standing must be proyided by one or more of the following:

- Bank declarations; - Balance sheets or summarised balance sheets covering at least the last two years for which the accounts have been closed ; - A statement of general turnover or turnover relating to the services in question, covering the last three financial years.

15.2 Technical and professional capacity - means of proof required

Technical and professional capacity will be assessed on the basis of expertise, knowledge, efficiency, experience and reliability in the following areas:

- Experience in coordinating appraisal of projects;

- Solid expertise in evaluation and technical analysis of projects, in industrial/sectoral analysis and in analysing social and economic benefits;

- Professional experience in the European Union's policies relating to the field(s) under the lot(s) covered by the tender (e.g. transport, environment, energy, research etc.);

- Knowledge of environmental ecqnomics and policy and public private partnerships;

- Linguistic capacity to cover as appropriate countries benefiting from the above mentioned Funds, including excellent communication and drafting skills in English, and ability to read documents and communicate in the languages of the countries covered by the interventions of the above mentioned funds. Therefore, tenderers must demonstrate their ability to mobilise teams having such linguistic capacity to cover the specific contract/orders' linguistic requirements, at any time, in the beneficiary countries. This could be done by means, for example, of proven experience with projects successfully implemented across Member States, candidate and/or third countries, involving similar challenges or of having a pool of experts having good knowledge of all the languages concerned by the tender;

- Experience in managing multidisciplinary teams, proving the tenderer's capacity to mobilise/coordinate teams with well balanced composition of relevant fields and appropriate level of qualifications.

Proof of technical and professional capacity may be furnished on the basis of the following documents:

- the educational and professional qualifications, including language skills, of the service provider or contractor and/or those of the firm's managerial staff and, in particular, those of the person or persons responsible for providing the services;

27

- a description of the technical equipment and the measures employed to ensure the quality of services, and a description of the firm's study and research facilities;

- a statement of the average annual manpower and the number of managerial staff of the service provider or contractor in the last three years;

- an indication of the proportion of the contract which the tenderer may intend to subcontract;

- a list of the principal services provided in the past three years, relevant to this tender, with the sums, dates and recipients, public or private.

In view of the specific nature of the contract, bids must take into account the fact that, as a general rule, the services requested are likely to take place in the 27 Member States, in the EU candidate countries (Croatia, Former Yugoslav Republic of Macedonia, Turkey) and in any other country where Structural Funds are likely to intervene.

If several service providers/subcontractors are inyolved in the bid, each of them must have and show that they have the professional and technical capacity to perform the tasks assigned to them.

16. AWARD CRITERIA

The Framework contract will be awarded according to the award criteria and weighting given below, on the basis of the economically most advantageous tender. Contracts will be awarded to the three best ranked tenders per each lot that are most economically advantageous. This will be determined on the bįsis of the highest total points out of 100 after assessment of the prices and the quality of the tender, as follows:

Price: 30 points

The total cost of the fees and the travel and subsistence expenses (maximum 30 points). The comparison of the tenders on the basis of the price will be done as follows: for each category the offer with the lowest price unit will receive the maximum corresponding points and the others indirectly proportional . The total points will be defined according to the following formula: Points for Price A + points for Price B + points for Price C + points for Price D.

Formula: cheapest offer

x m a x points offer to be evaluated

28

Price unit

A

В

C

D

Category of expenses

Category I junior expert- less than ten years professional experience (Price A per consultancy working day)

Category II between 10 and 20 years professional experience (Price B per consultancy working day)

Category III senior expert more than 20 years professional experience (Price C per consultancy working day)

Mission expenses = average of travel per trip for all countries specified in the Price Table + average daily allowance for all countries specified in the Prices Table (averages calculated on the basis of the prices in the Price Table poini 13 .A of TORs)

Total of points

Maximum Points

6

15

6

3

30

• Technical quality 70 points The quality will be evaluated against the following criteria:

1

2

3

4

5

Technical quality criterion

Understanding of the tasks as defined in section 3: to assess whether the tenderers have fully understood all the aspects of what is required under the ToRs

Completeness, clarity and presentation of the tender

Methodology Proposed : relevance and quality of methodologies proposed and of multidisciplinary approaches for undertaking the different tasks required by the ToRs

Organisation of the work : appropriateness of organisation to respond in terms of timing and quality to the requested assignments

Allocation of human resources strength of the team proposed to respond to the overall scope of the framework contract (including the proportion of senior experts )

Total of points

Maximum Points

5

5

20

20

20

70

The tenders scoring less than 40 points out of 70 on the technical quality (table above) will be disregarded.

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PART II - THE SPECIFIC CONTRACTS AND ORDERS

1. IMPLEMENTATION OF THE CONTRACT - SPECIFIC CONTRACTS

1. Request to submit an offer

The best ranked Contractor in a specific lot will receive a request to submit an offer via e-mail. The e-mail will contain a request using a standard template and Specific Terms of Reference for the assignment.

The Specific Terms of Reference from the Institution to the Contractor will set out the specifications for each assignment, the outputs and timing planned and will identify :

• the subject of the assignment, including the main questions that need to be answered;

• the main requirements of the team to be involved, including the minimum number of experts and their qualifications (including working languages);

• the required outputs and the estimated number of days of the required assignment;

• the documentation available with the Commission's/ECA's services and the authorities of the beneficiary country concerned;

The Specific Terms of Reference will also spell out the timing planned for the assignment and requirements for any on the spot missions.

The Contractor must send immediately by return e-mail an acknowledgement of receipt of the request.

2. Submission of an offer for a specific contract

The Contractor has the obligation to respond to each request sent to him. He is responsible for selecting the experts in line with the requirements described in the Specific Terms of Reference, for preparing the financial offer in line with the financial conditions (notably within the prices fixed at the level of the Framework Contract) and for drafting a short methodology for the assignment. He is liable for the accuracy of the information contained in the experts' CVs. In case of a Consortium, the quality and accuracy of the offer lies ultimately with the leading partner of the Consortium.

The Contractor will be required to confirm his availability within 7 calendar days from the sent date of the request, certifying absence of conflict of interest. In the event of failure to observe this deadline or refusal to make an offer which should be duly justified, the Contractor will be considered unavailable and the Institution will be entitled to send a request to the next Contractor on the list, in descending order.

Within 21 (twenty-one) calendar days (counted from the dispatch of the request), the Institution shall receive, preferably by email, the Contractor's proposal.

The offer will identify all the experts required to carry-out the assignment. The prices for the specific contracts will be presented as a lump sum on the basis of the expert prices and fixed travel and subsistence costs established in accordance with the Framework

30

contract (a budget breakdown will be provided allowing to identify the rates used). No separate reimbursable expenses will be accepted. The contractor will also submit the CVs of the experts proposed (model CV in annex I), and the methodology. Unless stated otherwise, the methodology will not exceed 5 pages.

If clarifications are required oh the request, the Contractor may consult the project manager by e-mail within 7 calendar days from receipt of the request. The Institution must reply as rapidly as possible by sending the question/request for clarification and answer to the Contractor. The contracting authority may fix a new deadline for submission of the offer if justified by the type of problem raised and its impact on the preparation of the offer.

Within 7 calendar days of a specific contract being sent by the Institution to the Contractor, the Institution shall receive it back, duly signed and dated.

3. Admissibility of the offer

Only an admissible offer will be taken into consideration. The criteria of admissibility of the offers are cumulative, as follows:

a) The respect of the deadline for the submission of the offer ;

b) The consultancy and, if applicable, the mission rates are within the prices in the Price table annexed to the Framework Contract;

c) The respect of the requirements in the specific terms of reference namely the proposed team, the appropriate methodological approach and the deadline for the execution of the services.

In case of a non-admissible offer or if the Contractor is considered unavailable, services may be contracted by the Contracting authority to the next Contractor on the list in descending order.

4. Format of the Specific Contract

The Specific Contract will be drawn up in accordance with the standard format (Annex III of the Framework Contract). The contract will come into force on the day of its signature by the last contracting party for the individual assignment. The breakdown of the prices, the Specific Terms of Reference, as well as the offer form an integral part of the Specific Contract. Any expense incurred by the Contractor before the date of its signature by the last contracting party is to be born by the Contractor.

5. Assignment implementation

The Contractor, who is notified that his offer is accepted in the form of a Specific Contract, is responsible for all administration in relation to the assignment. He must ensure that all logistic aspects of the assignment are correctly carried out. The Contractor is also responsible for all administrative aspects such as contracting the experts, provision of insurance etc.

31

Ensuring the quality of the assignment is one of the key responsibilities of the Contractor. He is fully responsible for the quality of the reports or/and other outputs required. Those documents will be delivered physically by and under the responsibility of the Contractor. In the case of a Consortium, quality control is the ultimate responsibility of the leading partner.

Quality assessment The output of each specific contract will be subject to a written quality assessment according to the grid below. The grid may be adapted in accordance with the Commission's evaluation standards, at the latest when the request is sent by the Institution to the first Contractor in descending order.

Quality indicators for the evaluation of the delivered work:

- understanding of the requirements for the deliverable: 10% - application of the required methodology (specific terms or order): 20% - relevance and completeness of the analysis and conclusions: 30%) - presentation and clarity of the report: 20% - respect of deadlines: 20%>

Underperformance, reduction of payments:

The quality of the outputs will be assessed as a function of the above indicators, up to a maximum of 100 points. Ifit scores less than 60%> based on these quality indicators, it will be rejected for underperformance. In this case the following will apply:

A) The EC indicates the failures and a deadline for remedy. B) If no satisfactory remedy within the deadline set by the EC (satisfactory => 60%>, based on the evaluation indicators), a reduction of payments up to 100% may be applied, proportional to the scale of the failure, as follows:

if quality score: 0% to 20%) - a reduction of 100%, if quality score: 20% to 40% - a reduction of 70%>, if quality score: 40% to 50% - a reduction of 50%, if quality score: 50% to 60% - a reduction of 40%,

and the Institution may contact the following Contractor in descending order in view of the manifest underperformance of the Contractor.

C) Termination of the Contract with a Contractor under the Multiple framework contract: A third case of underperformance will be regarded as a serious breach of the contractual obligations in the meaning of Article II. 15.k of the Framework contract and the Commission may terminate the contract with the Contractor (in accordance with Article 1.10 of the special conditions of the framework contract).

32

2. IMPLEMENTATION OF THE CONTRACT - ORDERS FOR WORK

1. Request by order form

The Contractor has the obligation to respond to each request sent to him. He is responsible for selecting the experts in line with the requirements for "Quick appraisals" for preparing the financial offer in line with the financial conditions (notably within the prices fixed at the level of the Framework Contract). He is liable for the accuracy of the information contained in the experts' CVs. In case òf a Consortium, the quality and accuracy of the offer lies ultimately with the leading partner of the Consortium.

The services which may be requested will, as the need for them arises, be the subject of written requests frdm the Commission (model in annex III. A of the Framework Contract). The request will be sent by e-mail to the Contractor and will set out the assignment, the outputs and timing planned and should identify:

•

•

the project(s) subject to appraisal or verification, including the main questions that need to be answered;

the required outputs including any site visits;

the documentation available with the Commissions' services and the authorities of the beneficiary country concerned;

• timing planned for the assignment.

The Contractor must send by return e-mail an acknowledgement of receipt of the request.

The Contractor will be required to confirm his availability, by duly singing and returning to the Commission the order form, within 7 calendar days from the sent date of the request, certifying absence of conflict of interest. The Contractor will also submit the CVs of the experts proposed (model CV attached in annex I), and the agreed checklists as set out in section 3.2.2. On this basis an order will be formally placed by the signature of the order form by a person authorised to act on behalf of the Commission. In the event of the Contractor's failure to observe the above deadline or his refusal to make an offer which should be duly justified, the Contractor will be considered unavailable and, the Commission will be entitled to send a request to the next Contractor on the list, in descending order.

Prices and fixed travel and subsistence costs will be those of the Framework contract. No other expenses (e.g. translation) will be accepted for reimbursement.

The consultant will be required within 7 calendar days of receipt of the formal order for a quick appraisal to request clarifications on any issues resulting from the tasks listed in thè order, to ask any pertinent questions and to fully satisfy himself of the aims of the assignment, and the expectations of the Comfņission. Any documents which cannot be transmitted electronically will be transmitted by post. If the contracting authority judges it suitable a meeting can be held by video or telephone conference.

33

2. Assignment implementation

A "quick appraisal" report shall be delivered within 15 calendar days from the date the order form is signed by the contracting authority.

Within twenty calendar days from submission of the report the contracting authority will by e-mail confirm acceptance of the quick appraisal report, request improvements or reject it.

The contracting authority may request the consultant to assess additional documents supplied by the Member State in response to the Quick Appraisal report and Commission comments on the project application. In this case as well as in the case of rejection or request for improvement, the consultant will have 10 calendar days from receipt of the Commission request to submit a revised report.

Quality assessment The output of each order will be subject to a written quality assessment according to the grid below. The grid may be adapted in accordance with the Commission's evaluation standards!, at the latest when the request is sent by the Commission to the first Contractor in descending order.

Quality indicators for the evaluation of the delivered work:

- understanding of the requirements for the deliverable: 10% - application of the required methodology : 20% - relevance and completeness of the analysis and conclusions: 30% - presentation and clarity of the report: 20% - respect of deadlines: 20%

Underperformance, reduction of payments:

The quality of the outputs will be assessed aş a function of the above indicators, up to a maximum of 100 points. Ifit scores less than 60% based on these quality indicators, it will be rejected for underperformance. In this case the following will apply:

A) The EC indicates the failures and a deadline for remedy. B) If no satisfactory remedy within the deadline set by the EC (satisfactory => 60%, based on the evaluation indicators), a reduction of payments up to 100%) may be applied, proportional to the scale of the failure, as follows:

if quality score: 0% to 20% - a reduction of 100%, if quality score: 20% to 40% - a reduction of 70%, if quality score: 40% to 50% - a reduction of 50%, if quality score: 50% to 60%> - a reduction of 40%,

and the Commission may contact the following Contractor in descending order in view of the manifest underperformance of the Contractor.,

34

C) Termination of the Contract with a Contractor under the Multiple framework contract: A third case of underperformance will be regarded as a serious breach of the contractual obligations in the meaning of Article II.15.k of the Framework contract and the Commission may terminate the contract with the Contractor (in accordance with Article 1.10 of the special conditions of the framework contract).

35

ANNEXES TO THE TENDER SPECIFICATIONS

Annex I: Model CV Annex II: Draft Framework Contract Annex III: Declaration on the honour Annex IV: Standard Commission rules for subsistence expenses