SPECIFICATIONS BTC/CTB BXL 1676 OF 10/05/2017 · The study and consequential marketing plan should be fully delivered and approved before 31 December 2017. Specifications Bxl 1676

SPECIFICATIONS BTC/CTB BXL 1676 OF 10/05/2017 PUBLIC SERVICE CONTRACT FOR

MARKET RESEARCH ONMARKET POTENTIAL OF

CERTIFIED SMALL PRODUCERS’ PRODUCTS (SPP) IN EUROPE

Specifications Bxl 1676 Research on the market potential of certified Small Producers’ Products (SPP) 2

TABLE OF CONTENTS

1 GENERAL CONDITIONS ...................................................................................... 4

1.1 DEVIATIONS FROM THE GENERAL EXECUTION RULES ..................................................... 4

1.2 CONTRACTING AUTHORITY ............................................................................................ 4

1.3 RULES GOVERNING THE PUBLIC CONTRACT .................................................................... 4

1.4 DEFINITIONS ................................................................................................................. 5

1.5 CONFIDENTIALITY ......................................................................................................... 5

1.6 DEONTOLOGICAL OBLIGATIONS ..................................................................................... 6

1.7 APPLICABLE LAW AND COMPETENT COURTS .................................................................. 7

2 OBJECT AND SCOPE OF THE CONTRACT ........................................................ 8

2.1 TYPE OF CONTRACT ...................................................................................................... 8

2.2 OBJECT AND SCOPE OF THE CONTRACT ......................................................................... 8

2.3 QUANTITIES ................................................................................................................. 8

2.4 DURATION .................................................................................................................... 8

3 PROCEDURE ......................................................................................................... 9

3.1 AWARD PROCEDURE ..................................................................................................... 9

3.2 PUBLICATION ............................................................................................................... 9

3.3 INFORMATION ............................................................................................................... 9

3.4 TENDER ....................................................................................................................... 9

3.5 QUALITATIVE SELECTION ............................................................................................ 12

3.6 AWARD ...................................................................................................................... 14

3.7 NEGOTIATIONS ........................................................................................................... 14

3.8 CONCLUDING THE CONTRACT ...................................................................................... 14

4 SPECIAL CONTRACTUAL PROVISIONS .......................................................... 15

4.1 LEAD OFFICIAL ........................................................................................................... 15

4.2 THIRD PARTIES ........................................................................................................... 15

4.3 INTELLECTUAL PROPERTY RIGHTS ............................................................................... 15

4.4 PERFORMANCE BOND ................................................................................................. 16

4.5 PAYMENTS ................................................................................................................. 16

4.6 LITIGATION ................................................................................................................. 16

4.7 MEANS OF ACTION OF THE CONTRACTING AUTHORITY ................................................... 17


4.8 ACCEPTANCE ............................................................................................................. 17

4.9 END OF THE CONTRACT .............................................................................................. 18

5 TERMS OF REFERENCE .................................................................................... 19

5.1 BACKGROUND ............................................................................................................ 19

5.2 INTRODUCTION ........................................................................................................... 19

5.3 STUDY OBJECTIVES .................................................................................................... 21

5.4 SCOPE ....................................................................................................................... 21

5.5 EXPECTED RESULTS ................................................................................................... 23

5.6 SUGGESTED METHODOLOGY ....................................................................................... 23

5.7 TIME FRAMEWORK ..................................................................................................... 26

5.8 DELIVERABLES ........................................................................................................... 26

6 FORMS ................................................................................................................ 28

6.1 IDENTIFICATION OF THE TENDERER .............................................................................. 29

6.2 INTEGRITY STATEMENT FOR THE TENDERERS ................................................................ 30

6.3 LIST OF SIMILAR SERVICES .......................................................................................... 32

6.4 CV OF THE RESPONSIBLE/PROJECT LEADER FOR IMPLEMENTING THE MARKET

STUDY ............................................................................................................................... 33

6.5 CV(S) OF THE FIELD RESEARCHER(S) .......................................................................... 34

6.6 TENDER FORM - PRICE ................................................................................................ 35

6.7 DETAILED METHODOLOGY ........................................................................................... 36

6.8 DETAILED CALENDAR .................................................................................................. 37

6.9 SUBCONTRACTORS (IF APPLICABLE) ............................................................................ 38

6.10 ANNEX: ACCESS RIGHTS ............................................................................................. 39


1 General conditions

1.1 Deviations from the General Execution Rules

Point 4 “Special contractual provisions” of these Tender Specifications includes the

administrative and contractual clauses that apply in particular to this public contract as a

deviation of the General Implementing Rules (Royal Decree of 14 January 2013) or as a

complement or an elaboration thereof.

These Tender Specifications do not derogate Articles of the General Implementing Rules

– GIR (Royal Decree of 14.01.2013).

1.2 Contracting authority

The contracting authority of this public contract is “Belgian Technical Cooperation”, further

called BTC, Public-law Company with social purposes, with its registered office at Rue

Haute 147, 1000 Brussels in Belgium (enterprise number 0264.814.354, RPM/RPR

Brussels).

In accordance with the Law of 21 December 1998 establishing “Belgian Technical

Cooperation”, BTC has the exclusive competence for the execution, in Belgium and

abroad, of public service tasks of direct bilateral cooperation with the partner countries.

Moreover, BTC can also perform other development cooperation missions at the request

of public interest organisations, and it can develop its own activities to contribute towards

realization of its objectives.

For this public contract BTC is represented by Mr Carl Michiels, Chair of the Management

Committee, and by Mr Peter Pauwels, member of the Management Committee of the

Belgian Technical Cooperation.

1.3 Rules governing the public contract

The following apply to this contract, among others:

The Law of 15 June 2006 on public procurement and on certain contracts for works,

supplies and services1;

The Law of 17 June 2013 on the motivation, information and review procedures in the

fields of supply, works and service contracts;

The Royal Decree of 15 July 2011 concerning the award of public works, supply and

service contracts in the classical sector public procurement.1

The Royal Decree of 14 January 2013 establishing the general rules of execution of

public contracts. 1

The Law of 21 December 1998 establishing Belgian Technical Cooperation2, changed

1 A consolidated version of this document can be consulted in French or Dutch on www.16procurement.be and on Mon. B of 15

february 2007 (law), Mon. B. of 9 August 2011 (awarding) and 14 february 2013 (execution). 2 Belgian Official Gazette 30.12.1998.

http://www.16procurement.be/


by the Laws of 13 November 2001 and 30 December 20013.

Convention on Combating Bribery of Foreign Public Officials in International Business

Transactions, which was transposed into Belgian legislation in the Law of 10

February 1999 on the Suppression of Corruption4.

1.4 Definitions

The following definitions shall be used for the purposes of this contract:

The tenderer: The natural person (m/f) or legal entity that submits a tender;

The contractor/the supplier/the service provider: The tenderer to whom the contract is

awarded;

The contracting authority: BTC;

The tender: The commitment of the tenderer to perform the public contract under the

conditions that he has submitted;

The General Implementing Rules (GIR): contractual provisions see part 4;

Specifications: This present document and its annexes and the documents it refers to.

Corrupt practices: The offer of a bribe, gift, gratuity or commission to any person as

an inducement or reward for performing or refraining from any act relating to the

award of a contract or implementation of a contract already concluded with the

contracting authority;

Litigation: Court action.

Variant: an alternative conception or execution mode which can be introduced next to

the standard bid on demand of the contracting authority (‘facultative’ or ‘voluntary’ :

tenderer is not obliged to submit a bid or ‘mandatory’ : tenderer is obliged to submit a

bid) or on the initiative of the tenderer (free variant only if authorised in the

specifications or tender documents);

Option: an accessory element which is not strictly necessary to the execution of the

contract but which has been introduced on demand of the contracting authority or on

the initiative of the tenderer.

1.5 Confidentiality

The tenderer or contractor and BTC are bound to secrecy vis-à-vis third parties with

regards to any confidential information obtained within the framework of this contract and

will only divulge such information to third parties after receiving the prior written consent

of the other party.

They will disseminate this confidential information only among appointed parties involved

in the assignment. They guarantee that said appointed parties will be adequately

3 Belgian Official Gazette 17.11.2001 and 31.12.2001.

4 Articles 240 to 252, 504bis to 504ter of the Criminal Code and articles 10quater of the Code of Criminal Procedures.


informed of their obligations in respect of the confidential nature of the information and

that they will comply therewith.

1.6 Deontological obligations

Any failure to comply with one or more of the deontological provisions may lead to the

exclusion of the candidate, the tenderer or the contractor from other public contracts

concluded with BTC.

For the duration of the contract, the contractor and his staff respect human rights and

undertake not to go against political, cultural or religious customs of the beneficiary

country. The tenderer or contractor is bound to respect fundamental labour standards,

which are internationally agreed upon by the International Labour Organisation (ILO),

namely the conventions on union freedom and collective bargaining, on the elimination of

forced and obligatory labour, on the elimination of employment and professional

discrimination and on the abolition of child labour.

Any attempt of a candidate or a tenderer to obtain confidential information, to proceed to

illicit arrangements with competitors or to influence the evaluation committee or the

contracting authority during the investigation, the clarification, evaluation of tenders and

applicants comparison procedures shall lead to the rejection of the application or the

tender.

Moreover, in order to avoid any impression of risk of partiality or connivance in the follow-

up and control of the performance of the contract, it is strictly forbidden to the contractor

to offer, directly or indirectly, gifts, meals or any other material or immaterial advantage, of

whatever value, to the employees of the contracting authority who are concerned, directly

or indirectly, by the follow-up and/or control of the performance of the contract, regardless

of their hierarchical position.

Any tender will be rejected and any (public) contract will be cancelled once it appears that

the contract awarding or its performance induced the transfer of ‘extraordinary

commercial expenditure’. Extraordinary commercial expenditure is any commission that is

not mentioned in the main contract or that does not result from a contract in good and due

form referring to that contract, any commission that is paid for no actual legal service, any

commission transferred into a fiscal paradise, any commission transferred to a beneficiary

that is not clearly identified or to a company that obviously merely serves as a façade.

The contractor of the public contract commits to supply, upon the demand of the

contracting authority, any supporting documents related to the performance conditions of

the contract. The contracting authority shall be allowed to proceed to any control, on

paperwork or on site, which it considers necessary to collect evidence to support the

presumption of unusual commercial expenditure. Depending on the gravity of the facts

observed, the contractor having paid unusual commercial expenditure is liable to have his

contract cancelled or to be permanently excluded.


1.7 Applicable law and competent courts

The public contract must be performed and interpreted according to Belgian law.

The parties commit to sincerely perform their engagements to ensure the good

performance of this contract.

In case of litigation or divergence of opinion between the contracting authority and the

contractor, the parties shall consult each other to find a solution.

If agreement is lacking, the Brussels courts are the only courts competent to resolve the

matter.

See also point 4.6 Litigation (Article 73 of the Royal Decree of 14.01.2013).


2 Object and scope of the contract

2.1 Type of contract

This contract is a service contract (A10)

2.2 Object and scope of the contract

This public service contract consists in a market research on market potential of certified

Small Producers’ Products (SPP) in Europe, in conformity with the conditions of these

Specifications.

This contract is a contract with one lot.

2.3 Quantities

See part ‘Terms of Reference’.

2.4 Duration

The performance period starts the day after the award notification date of this contract

and expires at the latest at the end of the service provision (acceptance), in conformity

with the Terms of Reference.

The study and consequential marketing plan should be fully delivered and approved

before 31 December 2017.


3 Procedure

3.1 Award procedure

Direct Negotiated procedure with prior publication of a notice in application of Art. 26, § 2,

1°d, of the Law of 15 June 2006.

3.2 Publication

3.2.1 Official publication

The contract notice is subject to national publication in the Belgian Public Tender bulletin

(“Bulletin des Adjudications” BDA) (via e-notification).

3.2.2 BTC publication

This contract is published on the BTC website (www.btcctb.org).

3.3 Information

The awarding of this contract is coordinated by the Logistics & Acquisitions service.

During this procedure, all contacts between the contracting authority and the tenderers

about the present contract will exclusively pass through this service. The tenderers are

prohibited to contact the contracting authority any other way with regards to this contract,

unless otherwise stipulated in the present Specifications.

Therefore, any information must be asked for in written or by e-mail to Mrs Dominique De

Mol, public procurement administrator, Rue haute 147, 1000 Brussels, Belgium

([email protected]).

Until the notification of the award decision, no information will be provided about the

evolution of the procedure.

If interested tenderers download the electronic version of the Specifications, they are

requested to contact the public contracts manager, to provide him/her with their contact

details and to be informed of possible changes or additional information. Tenderers who

have downloaded the Specifications are also advised to regularly consult the BTC

website (www.btcctb.org).

3.4 Tender

3.4.1 Scope of the tender

The tenderer must accept without any reserve the whole of the Specifications. Should the

Specifications prove to contain deficiencies, errors and/or unclear provisions, then the

tenderer must point these out and correct them in a separate document, giving

appropriate explanations and describing the ensuing consequences, in particular the


financial and technical consequences.

By submitting a tender, the tenderer declares renouncing to his own (sales) conditions.

Any other statement will be considered a condition leading to the irregularity of the tender.

3.4.2 Compilation of the tender

The tender of the tenderer will consist of the following sections: (see point 6 “Forms”):

6.1 The identification form;

6.2 The integrity statement;

6.3 List of similar services (technical capacity);

6.4 CV of the responsible/project leader for implementing the market study

(technical capacity);

6.5 CV(s) of the field researcher(s) (technical capacity);

6.6 The tender form - price (award criterion);

6.7 The detailed methodology (award criterion);

6.8 The detailed calendar (award criterion);

6.9 List of subcontractors (if applicable).

The tenderer is strongly advised to use the tender forms in annex. In this respect, the

tenderer's attention is drawn to Article 80 of the Royal Decree of 15 July 2011, which

stipulates: "When the contract documents include a form for drawing up the tender and

for filling out the summary bill of quantities or the inventory, the tenderer shall use it"

When not using this form, he is fully responsible for the perfect concordance between the

documents he has used and the form".

3.4.3 Prices

3.4.3.1 Determination of prices

This contract is a global price contract, i.e. only the global price is a lump-sum price. All

prices are mentioned in EUR (euros). No single formula binding the parties to an

exchange rate will be accepted.

Prices given are exclusive of VAT.

3.4.3.2 Elements included in the price

The service provider is supposed to include in all prices all costs and taxes that generally

somehow affect the services, with the exception of the value-added tax.

The following are included in the lump-sum prices: fees, the per diems, accommodation

costs, insurance costs, visa costs, communication costs, administrative and secretariat

costs, costs for documentation of the services that can be required by the contracting

authority, the production and delivery of documents or records linked to the execution of

the services, the customs and excise duties for materials and products used, the


packaging costs, the reception costs, all costs, staff and material expenses needed to

execute the present contract, the copyright fees, the purchase or leasing of third party

services needed for the execution of the contract.

In the framework of this specific contract, the service provider is requested to take care of

the travel and accomodation costs of SPP-participants to workshops (see point 5 “Terms

of Reference”). Considering the difficulty to estimate correctly these costs at this stage,

the costs linked to the travel and accommodation of these SPP participants only will not

be included in the submitted tender price. These concerned costs will be paid back by

BTC to the service provider. The costs will have to be agreed beforehand by BTC and will

be invoiced by the service provider to BTC, based on the real costs with the original piece

of evidence provided.

3.4.3.3 Revision of prices

No review of prices will be accepted. The prices are fixed and not subject to review.

3.4.4 Language

The tender will be in French or Dutch or English.

3.4.5 Period during which the tender is binding

Tenderers remain bound by their tender for 90 calendar days, starting the day after the

deadline for the receipt of tenders.

3.4.6 How to submit tenders?

The tender will be drawn up in 2 copies: one hard copy of which will mention “original”

and one copy of which will mention “copy” or “duplicata”. The copy may be submitted as

PDF files on a CD-ROM or USB-stick.

The tender includes the necessary documents in view of the selection and award criteria

(see points 3.5 “qualitative selection” and 3.6 “awarding”).

The signed and dated original and “copies” or “duplicata” will be sent to Belgian Technical

Cooperation, Rue haute 147, 1000 Brussels to Mrs. Dominique De Mol, public

procurement administrator, in a sealed enveloped mentioning: “TENDER”, the

Specifications number (Bxl 1676). It has to be received by 05/06/2017 at 2.00pm

(Belgian time) at the latest. It will obligatorily have to be submitted by registered mail

through the postal services5, either by courier, against acknowledgement of receipt.

The tender and all accompanying documents have to be signed (original hand-written

signature) by the tenderer or his/her representative. The same applies to any alteration,

deletion or note made to this document. The representative must clearly state that he/she

is authorised to commit the tenderer.

5 In case of reception after the above-mentioned date, only tenders for which a certificate of mailing that is dated at least one (1)

day before the deadline for the receipt of tenders will be accepted.


3.5 Qualitative selection

As part of the fight against conflicts of interests, in particular in view of avoiding revolving

doors mechanisms as defined in the Law of 8 May 2007 approving the United Nations

Convention against Corruption, adopted in New York on 31 October 2003, the tenderer

shall refrain from relying on any former (internal or external) collaborators of the Belgian

Technical Cooperation, within two years from his/her/their resignation, retirement or any

other type of departure from the Belgian Technical Cooperation, for whatever reason,

directly or indirectly, for the elaboration and/or introduction of his tender or any other

intervention under the award procedure or for tasks to be conducted as part of the

performance of this public contract.

The above provision does however only apply when there is a direct link between the

preceding activities conducted for the contracting authority by the person(s) concerned

and his/her/their activities for this public contract.

Any breach of this measure liable to distort the normal conditions of competition is subject

to a sanction in accordance with the provisions of Article 9 of the Law of 15 June 2006 on

procurement and certain works, supply and services contracts. In concrete terms, this

sanction, depending on the case, consists of discarding the tender or terminating the

contract.

Access rights and selection criteria:

Before the contracting authority can start investigating the regularity of the tenders and

evaluating them on the basis of the award criterion/criteria, tenderers that do not meet

certain minimum quality conditions will be excluded from the procedure and their tender

will not be investigated.

Access rights

By submitting this tender, the tenderer certifies that he is not in any of the cases of

exclusion listed in Part 6 (Article 61 of the Royal Decree of 15 July 2011).

The contracting authority will verify the exactitude of this implicit Declaration on honour for

the tenderer with the top-ranked tender. For that purpose, the contracting authority will

ask the concerned tenderer to provide information or documents allowing the contracting

authority to verify the tenderer's personal situation by the fastest means and within the

term set by the contracting authority. For Belgian tenderers, the contracting authority will

itself ask for information or documents that it can obtain free of charge by electronic

means from the instances that manage the information or documents (attestations 2, 3

and 4 listed below).

The documents that can be obtained for this verification are the following:

1) the attestation issued by the competent authorities of the country in which the tenderer

is established proving the tenderer has not been found guilty by a judgment which has the

force of res judicata for:

participation in a criminal organization;

corruption;


fraud;

money laundering;

any crime that blemishes his professional integrity;


is established proving the tenderer is not in a state of bankruptcy, liquidation, cessation of

activities, judicial reorganization or is in any analogous situation arising from a similar

procedure in nature in other regulations;


is established proving the tenderer is in compliance with its obligations relating to the

payment of social security contributions in accordance with the legislation of the country

where he has his registered office;


is established proving the tenderer is in compliance with its obligations relating to the

payment of taxes in accordance with the legislation of the country where he has his

registered office;

If the tenderer is a freelance worker, he/she will include in his/her tender a declaration of

his/her social insurance institution and/or a declaration on honour stating that he/she

does not employ anybody who is subjected to social security contributions.

If the tenderer is a temporary association, each member of the temporary association has

to be able to provide the attestations listed above.

Technical Capacity

The technical capacity of the company will be evaluated against know-how and

experience.

The tenderer has to include in his tender:

- The list of the main similar services, at least 3 in the last three years, including

a few lines (keywords) explaining the content of each study, the amount involved

and the relevant dates, and the public or private bodies on behalf of which they

were carried out showing that the tenderer has experience in conducting similar

studies as the one concerned by this contract.

- The CV of the responsible/project leader (the person - only one - that will

lead/coordinate the project) that will implement the market study showing that the

responsible has experience in leading similar studies (at least two) as the one

concerned by this contract.

- The CV(s) of the field researcher(s) (if different than the responsible) showing

that the field researcher(s) has/have experience in participating in similar studies

(at least two) as the one concerned by this contract and showing his/her fluency

in the languages of the concerned EU-countries as well as his/her level of local

market knowledge.


3.6 Award

The choice of the most advantageous tender is based on the evaluation of the tenders

against the following criteria in decreasing order of importance:

- Methodology: the tenderer is encouraged to amend or recommend alternatives

to the suggested methodology (see Part 5 “Terms of Reference”) and is

requested to provide a detailed methodology that explicitly describes and

quantifies how the service provider will carry-out the research, which specific

external or internal information sources will be used, which survey techniques

and interview tools that will be used, how many site visits will be planned and

where, how many interviews will be conducted and with whom, roles and

responsibilities of the research team members, etc.

- Price.

- Timing: detailed calendar.

The contract will be awarded to the tenderer who submitted the most advantageous,

possibly improved, tender providing the best methodology to reach the expected results

as described in the terms of reference, at the best cost and within the shortest timeframe.

3.7 Negotiations

Tenderer(s) with the most interesting tender(s) can be invited to present/detail their tender

in writing or during a meeting with the contracting authority. If necessary, they will be

invited to submit an improved tender.

The contracting authority reserves the right, during the negotiations, to derogate from the

administrative and technical provisions set out in the Specifications.

3.8 Concluding the contract

The contract will be awarded to the (selected) tenderer who submitted the most

advantageous, possibly improved, tender on the basis of the criteria mentioned above.

However, in application of Art. 102 of the Royal Decree of 15 July 2011, the contracting

authority can waive the awarding of the contract or can restart the procedure, if necessary

in another manner.

So, the full contract agreement consists of a public contract awarded by BTC to the

chosen tenderer in conformity with these Specifications and the annexes, the tender and

all its annexes, the registered letter of notification of the award decision and any later

documents that are accepted and signed by both parties.


4 Special contractual provisions

This chapter contains the “Special contractual provisions” of these Specifications or the

administrative and contractual clauses that apply in particular to this public contract as a

derogation of the General Execution Rules (Royal Decree of 14 January 2013) or as a

complement or an elaboration thereof.

4.1 Lead official

The lead officer is Mr Mathieu Desantoine, Marketing Officer, Rue haute 147, 1000

Brussels, e-mail: [email protected].

Once the contract is concluded, the lead officer is the main contact point for the service

provider. Any correspondence or any questions with regards to the execution of the

contract will be addressed to him, unless explicitly mentioned otherwise in the

Specifications.

The lead officer is responsible for the good performance and the coordination of all

activities related to expertise and reception.

The lead officer is fully competent for the follow-up of the satisfactory performance of the

contract, including issuing service orders, drawing up processes verbal and states of

affairs, the approval of the services, progress reports and reviews. The lead officer may

issue all orders within the limits of these Specifications to ensure the satisfactory

performance of the contract.

However, the following are not part of the competence of the Lead Official: The signing of

amendments or any other decision or agreement implying derogation from the essential

clauses and conditions of the contract. For such decisions the contracting authority is

represented as stipulated under point 1.2 “Contracting authority”.

4.2 Third parties

The service provider commits to having the contract executed by the persons indicated in

the tender (and the selection documents), except for force majeure.

For all subcontractors and services hired that are not mentioned in the tender or selection

file, the service provides will have to obtain the approval of the lead officer. In no case the

contracting authority will accept or pay expenses that are due to non-approved transfer or

subcontracting.

4.3 Intellectual property rights

§ 1. The contracting authority will ipso jure acquire the author rights and/or intellectual

property rights on all documents and/or reports that will be created by the service provider

in the context of this public contract.

The transfer of these rights will occur at the time of the approval/validation of said

documents and reports.


§ 2. The service provider commits to not advertising about this contract without the

preliminary written agreement of the contracting authority. He may however, mention this

contract as a reference in the context of a public contract, provided that he is true in the

presentations of the status (e.g. ‘in execution’) and in as far that the contracting authority

has not withdrawn this permission for cause of poor execution of the contract.

4.4 Performance bond

For this public contract no performance bond is required.

4.5 Payments

Payment is made in conformity with article 160 of the general execution rules, and

therefore payment is made within thrity calendar days strating from the end of the

verification/acceptance modalities.

The invoice will be submitted by the representative of the service deliverer in two copies

after each section, one copy of which will mention “original” and the other copy of which

will mention “copy” or “duplicata”; it will mention the name of the service (Market research

on the market potential of certified Small Producers’ Products (SPP) in Europe), the

number of the Specifications (Bxl 1676) and the name of the lead officer (Mathieu

Desantoine). The two copies will be sent to the following address: Belgian Technical

Cooperation, “Finance directorate”, Rue haute 147, 1000 Brussels, Belgium.

This invoice will be signed and dated, and will include the statement: “Certified true and

sincere for the amount of EUR…… (amount in words)”.

The service provider may not request advances.

A first tranche (30%) may be asked after reception and approval of the mid-term report of

the market study.

Final payment (70%) will be made after reception and approval of the final report of the

market study.

In case the request of BTC is extended, payment will be made after approval of the

product by BTC, on the basis of an invoice that is calculated in function of the number of

days worked.

4.6 Litigation

This contract and all legal consequence that might ensue fall fully within the scope of

Belgian law.

In case of litigation or divergence of opinion between the contracting authority and the

contractor, the parties will consult each other to find a solution.

If agreement is lacking, the Brussels courts are the only courts competent to settle

litigation.


4.7 Means of action of the contracting authority

4.7.1 Expiration of the execution deadline

Without prejudice to the provisions of the general execution rules, the expiration of the

(possibly extended) execution deadline, counts as a formal demand to the service

provider.

All provisions with regards to penalties for late delivery apply ipso jure, without formalities

or any notice.

4.7.2 Failure of performance

The contractor is considered to be in failure of performance of the contract:

When the services are not completely achieved at the contractual execution deadline

or at the different dates set for their partial achievement;

At any time, when the services are not conducted in such a way that they can be fully

completed at the dates set;

When he does not follow written orders, which are given in due form by the

contracting authority;

When services are not provided under the conditions (set by the contract).

Any failure to comply with the provisions of the contract, including the non-observance of

orders of the contracting authority, are put down in a process verbal, a copy of which is

immediately transmitted to the contractor by registered mail.

The contractor is bound to comply immediately. He can assert his right of defence by

registered mail addressed to the contracting authority within fifteen calendar days

following the date that the process verbal was sent. His silence is considered, after this

period, as an acknowledgement of the facts recorded.

4.8 Acceptance

The acceptance of the contract consists of the contracting authority verifying that the

services delivered by the service provider comply with good practice and with the

provisions and terms and conditions of the contract.

4.8.1 Technical acceptance

The contracting authority reserves the right to demand an activity report at any time of the

mission to the service provider.

4.8.2 Provisional acceptance

If a first tranche is requested, within 15 working days after the reception of the mid-term

report, a process verbal of provisional acceptance or a process verbal of refusal of


reception is drawn up.

4.8.3 Final acceptance

The contractor submits first a draft report by e-mail to BTC. 15 calendar days after receipt

of the draft report BTC will be sending its comments, if any, to the contractor.

The contractor sends the final report 7 days after receipt of BTC’s comments.

4.9 End of the contract

Within 15 working days after the reception of the final report, a process verbal of final

acceptance or a process verbal of refusal of reception is drawn up.


5 Terms of reference

5.1 Background

The Trade for Development Centre (TDC – www.befair.be) of the Belgian Development

Agency (BTC) promotes fair and sustainable trade.

In developing countries, TDC aims to economically and socially empower MSMEs (micro,

small and medium-sized enterprises/organisations) by enhancing their business and

marketing knowledge and improving their access to markets.

This is done by conducting market researches allowing these MSMEs to better

understand and capture market opportunities, be it nationally or internationally. These

market studies are either used directly by MSMEs or by partner organisations (business

support organisations, certification bodies, producer networks,...) in their day-to-day work

to strengthen these MSMEs.

Additionally, with its producer support programme TDC provides financial and marketing

assistance to MSMEs.

Lastly, TDC closely observes the evolution of sustainable markets to inform authorities,

civil society, consumers and other economic actors as objectively as possible on the

relevance and potential of sustainable trade in Europe and in the South.

Within this framework, TDC has decided to conduct a new study on the market potential

of certified Small Producers’ Products (“SPP” – see explanation below) in Western

Europe.

5.2 Introduction

The SPP (Small Producers’ Symbol - “Símbolo de Pequeños Productores”) was created

in 2006 by CLAC (Latin American and Caribbean Network of Fair Trade Producers -

“Coordinadora Latinoamericana y del Caribe de Pequeños Productores y Trabajadores

de Comercio Justo”) and launched internationally in 2011. In 2012, the CLAC decides to

become full member of Fairtrade International (FTI) and the ownership of the SPP was

fully transferred to SPP Global - formerly called FUNDEPPO - the non-profit network of

about 115 Small Producers organizations from 23 countries (14 in Latin America, 6 in

Africa and 3 in Asia), working for the benefit of about 110,000 small producer families.

Over the last three decades, Small Producers’ Organizations (SPO) from the South have

been increasingly accessing to the European market with main-stream fair trade labels,

such as FTI, Fair for Life, Naturland Fair, and more recently SPP.

These SPO´s, nevertheless, the last couple of years have suffered a strong increase of

unfair competition of other production schemes, like private plantations and also because

of the accumulation of fair trade contracts by multinational companies and their traditional

providers.


The SPP (Small Producers’ Symbol - “Símbolo de Pequeños Productores”), has been an

important mean for these organizations to (re-)build the particular market for small

producers’ organizations.

The SPP has strived for market-success by positioning the initiative by its own values,

trying to benchmark itself against other fair trade labels, mainly FTI and Fair For Life,

which are the best positioned fair trade labels in the West European market. Some of the

main differentiation-elements of the SPP are:

The SPP is 100% created, owned and steered in all senses by Small Producers

Organizations themselves.

It exclusively focusses on organizations of small producers; it does not allow the

certification as producers of private plantations, individual or unorganized small

farmers.

It is the only label that fully focusses on the origin of products, as coming from

democratically organized small producers.

Minimum prices for producers are higher than other minimum prices (for instance,

FTI) and it has minimum prices where others don´t (sugar-case).

SPP has both food and handcrafts standards.

Organic premiums for producers are higher than other organic premiums.

It guarantees traceability of SPP-certified products in all cases (against mass balance

used in other labels).

The traders are obliged to commit to buy minimum purchase volumes.

For mixed products, a minimum of 50% SPP-certified ingredients is required.

It not only claims to be a fair trade label but also for general sustainability of small

productions, in ecologic, economical and other senses.

It orients the producers to become organically certified. As a matter of fact, over 90%

of participating producers’ organizations are organically certified.

The SPP has been growing moderately; about 6 million euro of values of certified

transactions in 2016, at an average 25% annual growth rate, on the European market,

which is nevertheless not sufficient for the steadily growing number producers’ groups,

which have high expectations for sales under the coverage or this label. They want to

raise their sales under this label from 17% to 30% on an average. As a matter of fact,

many more producers’ organizations are interested in the certification, but are waiting for

more market opportunities, in order to avoid the increase of their costs during a low-end

market period. This fact is related to a decrease in market opportunities under other – fair

trade – labels, where trade-chains are becoming more controlled by main-stream

intermediary companies and the profiles of certified SPOs is changing.

Although some main players in the European fair trade market have been participating

and sympathizing with the SPP (Ethiquable/Café Michel, GEPA), the growth of new


players has been limited. Much of the market growth has been a result of the increase of

the number of products and their market-share of the Ethiquable-company (France, with

some presence in Benelux, Germany and Spain).

We have detected a certain interest of smaller roasters and other small brands in Europe,

but they do not seem to be very easily involved in certification-processes as a result of

their limited turn-over. The SPP designed a procedure for them to be certified through

their providers, but this tool has not had the impact aimed for.

The SPP has been promoted more as a small-producers’ label than as a fair trade label,

although the initiative comes out of a network of fair trade producers. Part of our SPO´s,

board members and trader-clients and consumers regret this position, as they feel the

SPP is deemed to ‘reconquer’ the fair trade market in its original concept and values.

Others feel that a stronger disassociation with the Fair Trade concept makes the SPP

freer to position itself in a different way without having to be aggressive against competing

labels on the fair trade market.

Currently SPP Global has its central office in Mexico City, coordinating the international

communication and market development. SPP Global has also regional representatives in

France and Germany.

5.3 Study objectives

General objective

Market research and development of a marketing-plan to increase the sales of the

products of SPP certified Small Producers´ Organizations from the South on the West

European market.

Specific objectives

1) To identify the profile and universe of potential buyers, distributors, consumers

and supportive organizations on the West European market for products (raw

materials and end-products) of Small Producer Organizations certified by SPP-

standards.

2) To obtain information and opinions of potential buyers, distributors, consumers

and supportive organizations on the West European market for analysis and

formulation of a Marketing Plan.

3) To formulate a Marketing Plan, including strategies, tools, support structure and

actions needed for the Small Producers’ Organizations, SPP Global and its local

partners to fulfil the General Objective.

5.4 Scope

Product Scope


Coffee (green)

Cocoa

Sugar (raw, refined)

Banana (fresh)

Geographical Scope

Market potential in the following EU countries:

Belgium

France

Germany

Italy

The Netherlands

For products produced under SPP-certification in the following countries:

COUNTRY COFFEE COCOA SUGAR (raw and crystalized)

BANANA

Bolivia X X X

Colombia X X X X

Costa Rica X

Ecuador X X X

El Salvador X

Guatemala X X

Haiti X X

Honduras X

Mexico X

Nicaragua X X X

Paraguay X

Peru X X X X


5.5 Expected Results

1) An Inventory of the Potential Market in Western Europe for the products of small

producers’ organizations under SPP Certification.

2) Systematized Feedback of potential buyers, distributors, consumers and supportive

organizations on the West European market on the possibilities of sales for products

under SPP certification.

3) A Marketing Plan for the small producers’ organizations, SPP Global and its local

allies for the west European market.

5.6 Suggested Methodology

The service provider is encouraged to amend or recommend alternatives to the

suggested methodology below as methodology is one of the award criteria see 3.6

# Objective Action Specifications

1) Identification of current products and services SPP certified

a Inventory SPP products and services available for Europe

Desk-top research Focus on the main products included in the scope of this study (cocoa, coffee, sugar, and bananas), while keeping an overview of the other available SPP products, distinguishing between raw materials and semi-finished and finished products for distribution.

b Recover commercial historical experience of the SPP

Virtual meeting with informants

The organization of a digital meeting with the principals involved in the historical operational and managerial development of SPP for recovery of experiences and strategies implemented, successes and setbacks. A list of 10-12 persons will be provided to the awarded service provider.

c To recollect the current perception and feedback from buyers and end-users to refine research tools

Digital current satisfaction survey of customers (buyers, consumers and organizations of civil society nearby). Current buyers can assist in the selection of consumers in each region.

The survey would have to be qualitative, not statistical, to facilitate its implementation. A list of approx. 40 contacts will be provided to the awarded service provider.

2) Identification of potential customers and stakeholders



a Knowing the general structure of the potential market for different products in the different countries.

Online Desktop Research Description of the general market-structure of the products selected for this study (cocoa, coffee, sugar and bananas); the different segments; those segments with SPP potential and key players for each of the selected countries (Germany, Belgium, France, The Netherlands, Italy)

b Identification and classification of traders and social actors potentially interested in participating with SPP.

Online Desktop Research Collect lists of selected companies in those markets related to the SPP specialized products; delimited by major product-categories in the scope of this study; Identify complementary, regulatory and social supportive organizations

3) Development of research tools

a Develop specific information and feedback-tools for the different workshops and visits (buyers, consumers, support agencies); for national workshops and subsequent survey

Adaptation of existing content and generation of materials and tools for consultation and data systematization

1 Current SPP presentations for buyers and for the general public in the respective languages (FR, GE, NL, IT) will be provided.

2 Development of the online survey to do with attendees of the workshops, afterwards.

3 Generation materials and questionnaires for personal interviews

b Tools for systematization and analysis of feedback data

Selection and adaptation of tools for systematization of data.

Develop a database and /or an online system to systematize the information to be collected.

4) Execution National Workshops in concerned EU countries and Interactive Poll Post

a Collective feedback from domestic actors in each country

National physical workshops, possibly with streaming and analysis of results

1 A workshop per country in principle (depending on potential demand)

2 The workshops are multi-product

3 Participation of current SPP producer(s) / representative(s) / purchaser(s) / certifier(s) for clarification: 2 persons originating from Latin-America



should be present in each workshop. They will most likely be originating from Riobamba (Ecuador), Popayán (Colombia), Piura (Perú) or Oaxaca (México). The idea would be to have each ‘couple’ visiting two workshops during the same trip. The selection of these Latin-American participants will be facilitated by SPP Global. The service provider will take care of travel and accommodation of these 2 persons per workshop. These costs will not be included in the submitted overall tender price for the realisation of this study. The costs linked to the travel and accommodation of these SPP participants will have to be agreed beforehand by BTC and will be invoiced by the service provider to BTC, based on the real costs with the original piece of evidence provided.

b Feedback of actors and review willingness to be part of a list for conducting personal interviews.

A virtual survey Application of subsequent online evaluation- and feedback-survey to workshop attendees.

5) Visits for personal interviews

a Set appointments for personal interviews.

Elaboration visit-program by country

Based on the communications with the final list for personal interviews.

b Profound feedback and insight in the practical willingness to commercial or solidarity participation of potential actors

Realisation visits for personal interviews.

The intention would be that the sample of visits is as representative as possible for the countries, products and types of actors. Conduction of about 25 interviews would be the aim. They must be made by people with an excellent command of the local language and culture to ensure the quality of the interviews.

6) Processing and Analysis

a Systematization qualitative and quantitative data of the different phases of the study

To gather all the information systematically collected for analysis

The information obtained through various means is systematized: desk research, virtual survey, workshops and personal interviews.

b Analysis of the information recollected

Realisation of a virtual analysis-workshop for the obtained information and draw conclusions for report

Based on the systematization, a summary would be made on the main trends in feedback, both positive and negative.

7) Formulation of a Proposed Marketing Plan



a Draft proposal Marketing Plan for 5 years

Elaboration proposal for Marketing Plan for 5 years based on the findings of the analysis

1 Commercial strategy

2 Communications Strategy

3 Support Framework Strategy

4 Funding Strategy

5 Plan of Action Year 1

b Feedback on the Draft Proposal of Marketing Plan

Realisation of presentation of draft proposal

c End version of Marketing Plan

Processing received feedback

8) Presentation End-results

To

Presentation of data analysis and Marketing Plan Final

Realisation of physical and virtual event to publicize the results of the study

The presentation will be public, with the presence of representatives of small farmers, commercial, social and political actors, in the BTC offices (rue Haute 147 in 1000 Brussels, Belgium).

5.7 Time Framework

The study and consequential marketing plan should be fully delivered and approved

before 31 December 2017.

5.8 Deliverables

Reporting

The service provider submits first a draft report by e-mail to BTC. 15 calendar days after

receipt of the draft report, BTC will be sending its comments, if any, to the service

provider. The service provider sends the final report 7 days after receipt of BTC’s

comments. Used pictures should be free of rights.

The service provider will submit:

1) a final report, including the full report of the research and the marketing plan. This can

be either in Word or PowerPoint (or any other more appropriate format if approved by

BTC). It should be in English and consists of:

Introduction

Description of the used methodology, including used sample sizes


Full presentation of the results

Concluding remarks

Literature list / list of sources

Any annexes that the service provider considers necessary

2) a meaningful Executive Summary including objectives, followed methodology and main

conclusions (max. 8 to 10 Word pages, or max. 20 PowerPoint slides). The Executive

Summary will be provided in English and translated by the service provider in French and

Spanish.

3) a separate one-page infographic highlighting in a visual way the main take-aways of

the study in English. See some examples for inspiration on style and format:

www.isealalliance.org/sites/default/files/ISEAL_Business_%20Survey.pdf

http://towardsmaturity.org/elements/uploads/2015-16_IBR_Infographic_-_web.jpg

(copy the link in your internet browser if clicking on these links doesn’t work)

These files will be published on the website of the Trade for Development Centre

(www.befair.be)

The service provider will also submit a database containing all analyzed data - ideally

compiled into an excel spreadsheet (which will not be published).

Presentation

The service provider will present publically the results, with the presence of

representatives of small farmers, commercial, social and political actors, in the BTC

offices (rue Haute 147 in 1000 Brussels) in Belgium.

http://www.isealalliance.org/sites/default/files/ISEAL_Business_%20Survey.pdf

http://towardsmaturity.org/elements/uploads/2015-16_IBR_Infographic_-_web.jpg


6 Forms

Compilation of the tender

The tender of the tenderer will consist of the following sections:

6.1 The identification form;

6.2 The integrity statement;

6.3 List of similar services (technical capacity);


(technical capacity);

6.5 CV(s) of the field researcher(s) (technical capacity);

6.6 The tender form - price (award criterion);

6.7 The detailed methodology (award criterion);

6.8 The detailed calendar (award criterion);

6.9 List of subcontractors (if applicable).

The tenderer is strongly advised to use the tender forms in annex. In this respect, the

tenderer's attention is drawn to Article 80 of the Royal Decree of 15 July 2011, which

stipulates: "When the contract documents include a form for drawing up the tender and

for filling out the summary bill of quantities or the inventory, the tenderer shall use it"

When not using this form, he is fully responsible for the perfect concordance between the

documents he has used and the form".

The tender and all accompanying documents have to be signed (original hand-written

signature) by the tenderer or his/her representative. The same applies to any alteration,

deletion or note made to this document. The representative must clearly state that he/she

is authorised to commit the tenderer.


6.1 Identification of the tenderer

Name and first name of the tenderer or name of the company and legal form

Nationality of the tenderer and of staff (if different)

Domicile / Registered office

Telephone number and fax number

National Social Security Office registration number or equivalent

Enterprise number

Represented by the undersigned (*)

(Name, first name and function)

Contact person (telephone number, fax number, possibly e-mail address)

If different: Project manager (telephone number, fax number, e-mail address)

Account number for payments

Financial institution

Under the name of

(*) The tenderer shall include in his tender proof that the party/ies signing the tender

is/are mandated to do so. The following are considered proof of evidence: an official document (statutes, declaration before a notary, etc.) certifying that the person signing is accredited to do so in the name of and for the account of the entity/joint enterprise/consortium.

Signature(s): (original hand-written)


6.2 Integrity statement for the tenderers

Concerns the tenderer:

Domicile / Registered office:

Reference n° of the public contract:

To the attention of the Belgian Technical Cooperation,

Hereby, I / we, acting as legal representative(s) of above-mentioned tenderer, declare the

following:

Neither members of administration or staff members, or any person or legal

person the tenderer has concluded an agreement with in view of performing the

contract, may obtain or accept from a third party, for themselves of for any other

person or legal person, an advantage appreciable in cash (for instance, gifts,

bonuses or any other kind of benefits), directly or indirectly related to the activities

of the person concerned for the account of Belgian Technical Cooperation.

The board members, staff members or their partners have no financial or other

interests in the firms, organisations, etc. that have a direct or indirect link with

Belgian Technical Cooperation (which could, for instance, bring about a conflict of

interests).

I have / we have read and understood the articles about deontology and anti-

corruption included in the Specifications and I / we declare going along

completely and respecting these articles.

I / we are also aware of the fact that the personnel of Belgian Technical Cooperation are

tied to the provisions of an ethical code, which states that: “In order to ensure the

impartiality of personnel, they are not allowed to solicit, demand or receive gifts, bonuses

or any other kind of benefits for themselves or third parties, whether in exercising their

function or not, when said gifts, bonuses or benefits are linked to that exercising. Note,

that what matters most here is not so much the enrichment resulting from accepting gifts,

bonuses or benefits of all kinds, rather than the loss of impartiality, which is required from

the staff member when exercising his/her function. Privately, staff members do not accept

any financial or other bonus, gift or benefit for services rendered”.

If above-mentioned contract is awarded to the tenderer, I/we declare, moreover, agreeing

with the following provisions:

In order to avoid any impression of risk of partiality or connivance in the follow-up


and control of the performance of the contract, it is strictly forbidden to the

contractor of the contract (i.e. members of administration and workers) to offer,

directly or indirectly, gifts, meals or any other material or immaterial advantage, of

whatever value, to the employees of Belgian Technical Cooperation who are

concerned, directly or indirectly, by the follow-up and/or control of the

performance of the contract, regardless of their hierarchical position.

Any (public procurement) contract will be terminated, once it appears that

contract awarding or contract performance would have involved the obtaining or

the offering of the above-mentioned advantages appreciable in cash.

Any failure to conform with one or more of the deontological clauses may lead to

the exclusion of the contractor from this public contract and from other public

contracts for Belgian Technical Cooperation.

The contractor of the public contract commits to supply, upon the demand of the

contracting authority, any supporting documents related to the performance

conditions of the contract. The contracting authority will be allowed to proceed to

any control, on paperwork or on site, which it considers necessary to collect

evidence to support the presumption of unusual commercial expenditure.

Finally, the tenderer takes cognisance of the fact that Belgian Technical Cooperation

reserves the right to lodge a complaint with the competent legal instances for all facts

going against this statement and that all administrative and other costs resulting are

borne by the tenderer.

Original hand-written signature (preceded by the handwritten note "read and approved”

by:

including the name and function)

……………………………..

Place, date


6.3 List of similar services

at least 3, performed during the last three years

Name of client and location (country)

Public or

private client?

Name of study/research and description

(a few lines or keywords explaining briefly the content of each study)

Country/ies covered by the

study

Status

(completed / in execution)

Amount

(specify currency)

Date




- The CV of the responsible/project leader (the person - only one - that will

lead/coordinate the project) that will implement the market study showing that the

responsible has experience in leading similar studies (at least two) as the one concerned

by this contract.

Free format


6.5 CV(s) of the field researcher(s)


- The CV(s) of the field researcher(s) (if different than the responsible) showing that

the field researcher(s) has/have experience in participating in similar studies (at least two)

as the one concerned by this contract and showing his/her fluency in the languages of the

concerned EU-countries as well as his/her level of local market knowledge.

Free format


6.6 Tender form - price

By submitting this tender, the tenderer commits to performing this public contract in

conformity with the provisions of the Tender Specifications Bxl 1676 and explicitly

declares accepting all conditions listed in the Tender Specifications and renounces any

derogatory provisions such as his own conditions.

He commits to executing this public contract for the following price, in EUR and exclusive

of VAT (written in figures and in letters):

Global price in euros (excluding VAT):

................................................................................................................ (in figures)

………………………………………………………………………………… (in letters)

VAT percentage: ………………………%

Certified true and sincere,

Done in ………………………, on …………………….

………………………………………………

Handwritten original signature and name of the representative of the tenderer


6.7 Detailed methodology

The tenderer is encouraged to amend or recommend alternatives to the suggested

methodology (see Part 5 “Terms of Reference”) and is requested to provide a detailed

methodology that explicitly describes and quantifies how the service provider will

carry-out the research, which specific external or internal information sources will be

used, which survey techniques and interview tools that will be used, how many site visits

will be planned and where, how many interviews will be conducted and with whom, roles

and responsibilities of the research team members, etc.

Free format


6.8 Detailed calendar

The detailed calendar to be filled out below must be annexed to the methodology

proposed by the tenderer.

T0 = First day of the execution of the contract. The detailed calendar uses calendar days.

Detailed tasks (see methodology) Locations Duration

(days) Start

(days) End

(days)

1 T0 T0 +

2 T0 + T0 +

3 T0 + T0 +

4 T0 + T0 +

5 T0 + T0 +

6 T0 + T0 +

7 T0 + T0 +

8 T0 + T0 +

9 T0 + T0 +

10 T0 + T0 +

11 T0 + T0 +

12 T0 + T0 +

13 T0 + T0 +

14 T0 + T0 +

15 T0 + T0 +

16 T0 + T0 +

17 T0 + T0 +

18 T0 + T0 +

19 T0 + T0 +

... T0 + T0 +

Total duration from kick-off to final delivery: .... calendar days


6.9 Subcontractors (if applicable)

Name and legal form Address / head office Object of the subcontract


6.10 Annex: Access rights

Access rights – Art. 61 et seq. of the Royal Decree of 15.07.2011 In accordance with Article 20 of the Law of 15 June 2006 any tenderer is excluded from accessing the contract, regardless of the stage of the procedure, if he has been found guilty by a judgement which has the force of res judicata of which the contracting authority has knowledge, for: 1° Participation in a criminal organisation as defined in Article 324bis of the Criminal Code 2° Corruption, as defined by Article 246 of the Criminal Code 3° Fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests, approved by the Law of 17 February 2002 4° Money laundering as defined by Article 3 of the Law of 11 January 1993 on the prevention of the use of the financial system for the purposes of money laundering and of terrorist financing In view of the application of this paragraph, the contracting authority has the right to ask the tenderer to provide the necessary information or documents. When the contracting authority has doubts about the personal situation of these candidates or tenderers, it can contact the competent Belgian or foreign authorities to obtain the information it considers necessary information in this respect. In accordance with Article 20 of the Law, a candidate or tenderer can be excluded from accessing the contract, regardless of the stage of the procedure: 1° If he is bankrupt or put into liquidation, has ceased activities, is involved in composition with creditors, or is in any analogous situation arising from a similar procedure provided for in other national regulations; 2° If he has filed for bankruptcy, if he is in winding-up procedure or composition with creditors, or if he is in any similar procedure provided for in other national regulations; 3° If he has been found guilty by a judgement which has the force of res judicata of a crime that blemishes his professional integrity; 4° If he has committed a serious mistake in his professional duties; 5° If he has failed to meet his obligations in terms of paying social security contributions, in accordance with the provisions of Article 62; 6° If he has not paid up his taxes in accordance with Belgian legislation or the legislation of the country where he has his registered office, in accordance with the provisions of Article 63; 7° If he has been found guilty of misrepresentation in supplying the information required under this chapter or if he has not provided that information.


§ 1. The Belgian tenderer employing staff subject to the law of 27 June 1969 modifying the statutory order of 28 December 1944 on social security for employees must be in order with National Social Security Office obligations. § 2. The foreign tenderer must, at the latest the day before the final date for receipt of tenders: 1° Be in order with the obligations with regards to social security contributions according to legal provisions of the country where he is established; 2° Be in order with the provisions of §1, if he employs staff subject to the law of 27 June 1969 modifying the statutory order of 28 December 1944 on social security for employees. § 3. At any stage of the procedure, the contracting authority may investigate, by whatever means it chooses, the situation with regards to the payment of social security contributions of any tenderer. For the foreign tenderer, certification from the competent authority stating that he is in order with obligations with regards to the payments of social security contributions that apply by law in the country of establishment. The tenderer will be excluded from taking part in the contract, if he has been found guilty by a judgement which has the force of res judicata of a crime that blemishes his professional integrity. The tenderer may not have committed a serious mistake in his professional duties, duly established in a way which the contracting authority can justify. Moreover, by signing the tender, the tenderer undertakes to respect the standards defined in the basic conventions of the International Labour Organisation (ILO) and in particular: 1° Prohibition of forced labour (Conventions n° 29 on forced labour, 1930, and n° 105 on the abolition of forced labour, 1957) 2° Right to Union freedom (Convention n° 87 on union freedom and the protection of union rights, 1948) 3° Right to Organise and to Bargain Collectively (Convention n° 98 on the Right to Organise and to Bargain Collectively, 1949) 4° Prohibition of Discrimination in Respect of Employment and Remuneration (Conventions n° 100 on Equal Remuneration, 1951 and n° 111 concerning Discrimination in Respect of Employment and Occupation, 1958) 5° Minimum Age for Admission to Employment (Conventions n° 138 on Minimum Age for Admission to Employment, 1973 and n° 182 on the Prohibition of the Worst Forms of Child Labour, 1999). Non-compliance with the above-mentioned conventions shall be considered a serious mistake in professional duties within the meaning of Article 61, §2, 4° of the Royal Decree of 15 July 2006. The preceding provisions apply without prejudice to other provisions listed in Article 61 of the above-mentioned Royal Decree. The tenderer must be in order with his obligation pertaining to the payment of his taxes in


accordance with Belgian legislation or the legislation of the country where he has his registered office, in accordance with the provisions of Article 63 of the Royal Decree of 15 July 2011. The tenderer shall be excluded from taking part in the contract if he has been found guilty of misrepresentation in supplying the information required under this chapter or if he has not provided that information.

Documents

SPECIFICATIONS BTC/CTB BXL 1676 OF 10/05/2017 · The study and consequential marketing plan should be fully delivered and approved before 31 December 2017. Specifications Bxl 1676