Tender specifications - Eurojust · Web viewShould the tenderer discover any discrepancies in the Tender Specifications or be in any doubt as to their meaning, the tenderer should

EUROJUST P.O. Box: 16183

2500 BD The HagueTHE NETHERLANDS

TENDER SPECIFICATIONS

2012/EJ/75PROVISION OF OCCUPATIONAL HEALTH AND SAFETY SERVICES TO EUROJUST

Issued byEurojust

The HagueThe Netherlands

2012/EJ/75 1



TABLE OF CONTENTS

TABLE OF CONTENTS ....................................................................................................... 2

SECTION A - INTRODUCTION ......................................................................................... 6

A.1. WHAT IS EUROJUST?...............................................................................................6A.2. WHAT IS PROCUREMENT?....................................................................................7A.3. IMPORTANT NOTE....................................................................................................7

SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE .......................................................................................................................... 9

B.1. SCOPE OF WORK.......................................................................................................9B.1.1. BACKGROUND INFORMATION.................................................................................................9B.1.2. REQUIREMENTS - LOT 1 OCCUPATIONAL HEALTH SERVICES..................................................11B.1.3. REQUIREMENTS - LOT 2 OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT...............23B.1.4. VARIANTS TO THE REQUIREMENTS........................................................................................30B.1.5. DIVISION INTO LOTS...............................................................................................................31B.2. CONTRACT.................................................................................................................31B.2.1. TYPE OF CONTRACT AND DURATION.....................................................................................31B.2.2. CONTRACT IMPLEMENTATION...............................................................................................32B.2.3. CONTRACT PRICES..................................................................................................................32B.2.4 IMPORTANT NOTE...................................................................................................................32B.3. YOUR TECHNICAL PROPOSAL...........................................................................33B.3.1. TECHNICAL PROPOSAL FORM (ANNEX C)...............................................................................33B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL?.................................................................33B.4. YOUR FINANCIAL PROPOSAL............................................................................34B.4.1. PRICING FORM.......................................................................................................................34B.4.2. HOW TO PREPARE YOUR PRICING FORM?.............................................................................34B.4.3. IMPORTANT NOTES................................................................................................................34B.5. TENDERER’S ELIGIBILITY AND CAPACITY: EXCLUSION AND SELECTION CRITERIA......................................................................................................35B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA (FOR BOTH LOTS)...............................................35B.5.2. CAPACITY: SELECTION CRITERIA - LOT 1 OCCUPATIONAL HEALTH SERVICES.........................36B.5.3. CAPACITY: SELECTION CRITERIA - LOT 2 OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT....................................................................................................................................39B.5.4. IMPORTANT NOTE..................................................................................................................42B.6. AWARD CRITERIA LOT 1 - OCCUPATIONAL HEALTH SERVICES..........43B.6.1. QUALITATIVE AWARD CRITERIA EVALUATION.......................................................................43B.6.2. PRICE AWARD CRITERIA EVALUATION....................................................................................45B.6.3. FINAL EVALUATION................................................................................................................45B.7. AWARD CRITERIA LOT 2 – OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT..........................................................................................................45B.7.1. QUALITATIVE AWARD CRITERIA EVALUATION.......................................................................45B.7.2. PRICE AWARD CRITERIA EVALUATION....................................................................................47B.7.3. FINAL EVALUATION................................................................................................................47

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B.8. TIMETABLE.................................................................................................................47

SECTION C – INSTRUCTIONS ON HOW TO TENDER ........................................... 49

C.1. CONTENTS OF YOUR TENDER...........................................................................49C.1.1. IMPORTANT NOTE..................................................................................................................49C.2. LANGUAGE OF YOUR TENDER...........................................................................50C.3. HOW TO PACKAGE YOUR TENDER?................................................................50C.4. HOW TO DISPATCH YOUR TENDER?...............................................................51C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH..............................................................................51C.5. CONTACTS BETWEEN EUROJUST AND TENDERERS.................................52C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERS.............................................................52C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERS...............................................................53C.5.3. SITE VISIT................................................................................................................................53C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED?...........................................................................................................................54

SECTION D – HOW WILL TENDERS BE EVALUATED? ......................................... 54

D.1. PUBLIC OPENING SESSION.................................................................................54D.1.1. FORMAL OPENING REQUIREMENTS.......................................................................................54D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSION......................................................54D.2. TENDER EVALUATION SESSION.......................................................................55

SECTION E – JOINT OFFERS SUBMITTED BY CONSORTIA AND SUBCONTRACTING: TERMS AND CONDITIONS ................................................... 55

E.1. JOINT OFFERS SUBMITTED BY CONSORTIA.................................................55E.1.1. INTRODUCTION......................................................................................................................55E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDED...........................................................56E.1.3. EVALUATION...........................................................................................................................56E.1.4. CONTRACT IMPLEMENTATION...............................................................................................57E.2. SUBCONTRACTING.................................................................................................57E.2.1. INTRODUCTION......................................................................................................................57E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDED...........................................................58E.2.3. EVALUATION...........................................................................................................................58E.2.4. CONTRACT IMPLEMENTATION...............................................................................................58

SECTION F – SIGNATURE OF THE CONTRACT WITH THE SUCCESSFUL TENDERER: PROVISION OF DOCUMENTATION .................................................... 59

F.1. ELIGIBILITY DOCUMENTATION (EXCLUSION CRITERIA).............................................59F.1.1. IMPORTANT NOTICE: ELIGIBILITY DOCUMENTATION...................................................................59F.2. CAPACITY DOCUMENTATION (SELECTION CRITERIA)................................................60F.3. ADDITIONAL ADMINISTRATIVE DOCUMENTATION......................................................60

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ANNEXES:

ANNEX A - DECLARATION ON HONOUR TEMPLATE..........................................................61ANNEX B.1 – EXCLUSION AND SELECTION CRITERIA FORM LOT 1 - OCCUPATIONAL HEALTH SERVICES...................................................................................................................64ANNEX B.2 – EXCLUSION AND SELECTION CRITERIA FORM LOT 2 - OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT..........................................................................68ANNEX C.1 - TECHNICAL PROPOSAL FORM - LOT 1 - OCCUPATIONAL HEALTH SERVICES.................................................................................................................................71ANNEX C.2 - TECHNICAL PROPOSAL FORM - LOT 2 - OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT..................................................................................................74ANNEX D.1 - PRICING FORM LOT 1 - OCCUPATIONAL HEALTH SERVICES...................77ANNEX D.2 - PRICING FORM LOT 2 - OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT..........................................................................................................................78ANNEX E – STANDARD PACKAGE OF MEDICAL TESTS AND EXAMS FOR PRE-EMPLOYMENT MEDICAL EXAMINATION AND ANNUAL MEDICAL CHECK-UP.....................79ANNEX F – NON-EXCLUSIVE LIST OF RISK FACTORS REGARDING HEALTH AND SAFETY RISK ASSESSMENT..................................................................................................................84ANNEX G – TENDERERS’ ADMINISTRATIVE DATA FORM.................................................87ANNEX H - FINANCIAL CAPACITY FORM............................................................................89ANNEX I – FINANCIAL IDENTIFICATION FORM...................................................................90ANNEX J – LEGAL ENTITIES FORM.......................................................................................91ANNEX K - STATEMENT ON THE ACCEPTANCE ON EUROJUST MODEL CONTRACT.......92ANNEX L - MODEL CONTRACT.............................................................................................93ANNEX M - MODEL LETTER OF INTENT FOR SUBCONTRACTOR/S................................131ANNEX N 1 - CHECK LIST FOR TENDERER LOT 1 - OCCUPATIONAL HEALTH SERVICES................................................................................................................................................132Annex N 2 - Check list for tenderer Lot 2 - Occupational Health and Safety Risk Assessment................................................................................................................................135

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SECTION A - INTRODUCTION

A.1. WHAT IS EUROJUST?Eurojust was established in 2002. Its mission is to support and strengthen coordination and cooperation between national authorities in fighting serious cross-border crime that affects the European Union.Each of the 27 Member States seconds a senior representative to work at Eurojust in The Hague. These representatives are experienced prosecutors, judges or police officers of equivalent competence.Between them, they carry out Eurojust’s mandate to coordinate national authorities at every stage of criminal investigation and prosecution. They also resolve the challenges and practical problems arising from the differences between the legal systems of the Member States.National Members are supported by Deputies, Assistants and Seconded National Experts. Where Eurojust has a cooperation agreement with a third State, Liaison Magistrates from that third State may work at Eurojust. Currently, liaison Magistrates from Croatia, Norway and the USA are attached to Eurojust. Recent EU legislation also provides that Eurojust may post Liaison Magistrates to third States.Eurojust is also home to the secretariats of the European Judicial Network, the Network of contact points for genocide, crimes against humanity and war crimes, and the Network for Joint Investigation Teams. Eurojust deals with roughly 1400 cases per year. It also holds approximately 140 coordination meetings per year. These meetings bring together national judicial, investigatory and prosecuting authorities from Member States and, where appropriate, third States. At these meetings, casework issues are resolved and plans for operational actions such simultaneous arrests and searches are developed.

ORGANISATION AND STRUCTUREThe College is supported in its day-to-day activities by an administrative organisation composed of several units: Budget, Finance & Procurement, Corporate Services, Human Resources, Information Management, the Legal Service, the Case Analysis Unit, and the Secretariat of the European Judicial Network (EJN), the Joint Investigation Teams Network Secretariat (JITS) and the Genocide Network Secretariat. In addition, three dedicated services support the College: Data Protection, Press & PR, and the College Secretariat.In the near future, Eurojust will continue to grow in terms of volume of activities, administrative functions and number of employees. The expected number of post-holders in Eurojust for 2012 will be approximately 250.Further information on Eurojust’s activities is available on its website at the address http://www.eurojust.europa.eu.

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http://www.eurojust.europa.eu/



A.2. WHAT IS PROCUREMENT?

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

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

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

best possible price.Offers submitted in the context of a procurement procedure are designated “tenders”. An economic operator who has submitted a tender is designated as “tenderer”. Eurojust complies with the Financial Regulations applicable to the general budget of the European Communities (Council Regulation 1605/2002) and their Implementing Rules (Commission Regulation 2342/2002). Please note that the Financial Regulations and their Implementing Rules took over the provisions of the Directive 2004/18/EC.

A.3. IMPORTANT NOTE Confidentiality

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

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

Central Exclusion Database (CED):The tenderers should be aware that the Central Exclusion Database will be consulted. The tenderers and, if they are legal entities, persons who have powers of representation, decision making or control over them, are informed that, should they be in one of the situations mentioned in:- the Commission Regulation of 17.12.2008 on the Central Exclusion Database- CED (OJ L, 344, 20.12.2008, p. 12), their personal details (name, given name if natural person, address, legal form and name and given name of the persons with powers of representation, decision-making or control, if legal person) may be registered in the CED, and communicated to the persons and entities

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http://www.eurojust.europa.eu/



listed in the above-mentioned Regulation, in relation to the award or execution of a procurement contract or grant agreement or decision.

DisclaimerEurojust reserves the right to accept or reject any tender and to annul the process and reject all tenders at any time prior to the contract signature, without thereby incurring any liability to the affected economic operators.Eurojust will not be responsible for, or pay for, expenses or losses that may be incurred by the tenderer in the preparation of its tender and/or during the tender evaluation period.Where these Tender Specifications refer to ‘tenderer’ it shall be considered as ‘contractor’ after signature of the contracts.

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SECTION B - SPECIFIC INFORMATION ON THIS PROCUREMENT PROCEDURE

B.1. SCOPE OF WORKThe scope of this procurement procedure is the Provision of occupational health and safety services to Eurojust, as described in these Tender Specifications.

The tender shall be required to provide services for one or both of the following lots:

Lot 1 - Occupational health services 1. Pre-employment medical examination of successful candidates2. Annual medical check-up of Eurojust staff members3. Medical examination of Eurojust staff members at the request of Eurojust

and related medical advice 4. Sick leave registration, medical certificates, follow-up, consultation,

analysis and statistics 5. Mental Health services 6. Ergonomics 7. Administrative requirements8. Extra services9. Optional services (if applicable)

Lot 2 – Occupational Health and Safety Risk Assessment 1. Occupational Health and Safety Risk Assessment2. Administrative requirements3. Optional services (if applicable)

B.1.1. BACKGROUND INFORMATIONLike the majority of European and international organizations today, Eurojust’s tasks are primarily consultative and administrative.

The staff and national members of Eurojust are primarily administrators. Their working activity is related with an office environment and their daily tools are the telephone, the computer. In compliance with the Staff Regulations of Officials of the European Communities (“Staff Regulations”) and with the Conditions of Employment of other Servants of the European Communities (“CEOS”), Eurojust checks that its staff is physically and mentally fit to accomplish its tasks, and it accords to its staff working conditions complying with appropriate health and safety standards.

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http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1962R0031:20100101:EN:PDF



Eurojust is therefore launching a procurement procedure to award a contract for the provision of occupational health and safety services, in order to achieve its health and safety purposes in this field and being compliant with the 89/391 Council Directive1. It is expected that Lot 1 - Occupational health services will be carried out in The Hague, or bordering municipalities (randgemeenten) in the Netherlands.

Eurojust PremisesEurojust premises are located in two different sites, at Maanweg 174 2516 AB (The Arc building) and at Saturnusstrat 9 2516 AD (the HV1 building), shared with the International Criminal Court (ICC). Eurojust covers an area of 13.586 gross m² in the two premises, occupying in the Arc building 7.730 gross m², and in the HV1 building 5.856 gross m².The Arc building is a 12 levels building and HV1 is an 8 level building. They are both hosting a wide range of activities such as offices, technical rooms and deposits.Offices: For this tender Eurojust considers as offices: translation booths, training rooms, library, photocopy rooms, non-technical rooms, canteen, receptions, conference rooms, meeting rooms, office rooms, etc.Warehouses and storage depots: storage facilities, warehouses, technical areas waste storage areas are located in the basement. Archive and some other storage areas are located at the ground floor.Technical equipment: For this tender Eurojust considers technical equipment to be: lifting devices, electrical rooms, gases rooms, kitchens, laundries, technical facilities, boiler rooms, service rooms, refrigeration, generator rooms, restricted access areas, technical service rooms, transformer rooms, workshops, computer rooms, inergen bottles, diesel tanks, air conditioning stations, cooling towers, various facilities, etc.Other areas’ premises; Accesses to technical areas, entrances, rooms, corridors, showers, wardrobes, changing rooms, entrance halls, technical halls, bathrooms, stairwells, basements, emergency exits, etc.Open areas: For this tender Eurojust considers open areas to be pathways, roads, external spaces and areas.

Eurojust population The total number of Eurojust work stations at the Arc building and at the HV1 building is 300-400.Eurojust receives visitors (up to 150 per day, 7.000 annually) and external contractors (approximately 100 per day) in the fields of security, IT operations, building maintenance, cleaning, food supply etc. Other occupants of the buildings: ICC shares with Eurojust spaces such as restaurant, entrances, basements and installations. In the Arc building, ICC employees are located in separated buildings from Eurojust (they have 800

1 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Official Journal L 183 , 29/06/1989 P. 0001 - 0008

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work stations). Meanwhile in the HV1 building, ICC employees share the same building with Eurojust (they have 600 work stations). The gross square meters occupied by ICC are 26.200 in the Arc and 13.660 in the HV1 building.

B.1.2. REQUIREMENTS - LOT 1 OCCUPATIONAL HEALTH SERVICES

B.1.2.1. CORE SERVICES LOT 1 OCCUPATIONAL HEALTH SERVICES TO BE PROVIDED AND THEIR REQUIREMENTS The tenderer shall be required to provide the following core services:

a) Pre-employment medical examination of Successful candidatesb) Annual medical check-up of Eurojust staff membersc) Medical examination of Eurojust staff members at the request of

Eurojust and related medical advice I. Medical examination II. Medical advice

d) Sick leave registration, medical certificates, follow-up, consultation, analysis and statistics

I. Sick leave registration II. Questionnaire III. Sick leave follow-up IV. Medical certificates V. Sick leave analysis and statistics

e) Mental Health services f) Ergonomics g) Administrative requirementsh) Extra services: Flu vaccinationsi) Optional services (if applicable)

The provision of the above listed core services is a minimum requirement.N.B. Eurojust will, in order to make it easier for the tenderer, use the collective term “sick leave” for all different forms of absences as a result of sickness or accident.

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B.1.2.1.a. Pre-employment medical examination of Successful candidatesThe tenderer shall be required to organise and perform Pre-employment medical examination of Eurojust staff (Temporary Agents and Contract Agents), based on a standard package of medical tests and exams, as listed in Part I of Annex E – Standard package of medical tests and exams for Pre-employment medical examination and Annual medical check-up

Included in the cost of one Pre-employment medical examination, the tenderer shall be required to carry out the following minimum tasks:

carry out the necessary medical tests and exams requested by Eurojust for the successful candidate, as listed in Part I of Annex E;

analyse the medical results; assess whether the successful candidate is physically fit to perform the

duties pertaining to his/her job; provide Eurojust with a certificate stating whether the candidate is

physically fit for performing the envisaged duties; Provide the concerned successful candidate with a copy of the above-

mentioned certificate and with his/her detailed test results; carry out a minimum 45 minutes individual work place visits and

ergonomic session as described in B.1.2.1.f. with the Successful candidate, within 3 months after the candidate has taken up his/her duties at Eurojust.

Administrative requirements The tenderer shall be able to arrange the pre-employment medical examination within 10 working days from the date of reception of Eurojust’s request. Maximum 10 working days from the day of the visit the tenderer shall forward the certificate to Eurojust and a copy of the certificate - together with the test results - to the concerned Successful candidate. The tenderer will include in the annual report (as mentioned in Section B.1.2.1.d.V) an overview of the total number of pre employment medical examination and related workplace visits.

Statistics of use in the past and projection for the upcoming contract periodBased on experience and statistical figures and without commitment of any kind, Eurojust estimates that natural turn-over and growth of the organisation will produce an approximate number of needed pre-employment medical examinations to about 35 per year.

N.B. Even though the pre-employment medical examination is mandatory for successful candidate he/she always has the option of having the pre-employment medical examination done with any provider of his/her choice (e.g. in his/her home country or country of residence).

B.1.2.1.b. Annual medical check-up of Eurojust staff members

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The tenderer shall be required to organise and perform annual medical check-up of Eurojust staff (Temporary Agents and Contract Agents), based on a standard package of medical tests and exams, as listed in Part II of Annex E – Standard package of medical tests and exams for Pre-employment medical examination and Annual medical check-upThe tenderer is required to carry out the following minimum tasks:

Include minimum one meeting per year with Eurojust for discussing how to organize and carry out the annual medical check up;

Organize and invite all Eurojust staff annually to an annual medical check up and follow up on attendance;

After making the appointments, carry out the medical check-up with the Eurojust staff member at the tenderers premises;

carry out the medical tests and exams requested by Eurojust for the staff member, as listed in Part 2 of Annex E;

analyse the medical results; on the basis of the medical analysis, if duly justified, prescribe

complementary medical tests or exams (not included in the cost for one Annual medical check-up as all complementary actions are outside of the scope of this contract);

provide Eurojust with a certificate stating whether the staff member is physically fit for performing his/her duties;

Provide the Eurojust staff member with a copy of the above-mentioned certificate and with his/her detailed test results.

Administrative requirements The tenderer shall annually have a meeting with Eurojust in which the tenderer shall present the organization and time-frame of the annual medical check up. Upon approval by Eurojust the tenderer shall invite all staff members who are for at least one year in service to the check up. After performing the check up the tenderer shall within 10 working days from completion of the check-up forward the certificate stating whether the staff member is physically fit for performing his/her duties to Eurojust and a copy of the certificate – together with the test results - to the concerned staff member.The tenderer will include in the annual report (as mentioned in Section B.1.2.1.d.V) an overview of the total number of performed annual medical checkups and overview of no shows.

Statistics of use in the past and projection for the upcoming contract periodBased on statistical figures the last contractor carried out between approximately 40– 80 annual medical check-ups on a yearly basis. However, as Eurojust now is proposing to change its procedures, this number could rise significantly, to approximately 200 in the future.

N.B Since Eurojust staff members are allowed to choose any medical practitioner for the annual medical check-up not all of them may make use of the annual medical health check provided for by the tenderer. Up to now only

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less than 10% of staff members who attended the annual medical check-ups made use of other services than those of the current contractor.

B.1.2.1.c. Medical examination of Eurojust staff members at the request of Eurojust and related medical advice

I. Medical examination Eurojust may request the tenderer to submit any staff member to a medical examination2. In such case the tenderer shall carry out the minimum tasks:

Organize and carry out the necessary medical tests and exams; analyse the medical results; assess whether the successful candidate is physically fit or not to

perform the duties pertaining to his/her job; inform Eurojust that a medical examination has taken place and provide

a medical certificate; Provide the concerned successful candidate with his/her detailed test

results and with a copy of the above-mentioned certificate.

Administrative requirements The tenderer shall be required to arrange the medical examination at its premises or if necessary, at the home of the Eurojust staff member, within 5 working days from the date of reception of Eurojust’s request. Eurojust shall be informed of the visit and a medical certificate should be issued within 10 working days. The results shall be forwarded to the concerned staff member from 10 working days of the day of the visit.

II. Medical advice Eurojust may request the tenderer to submit an advice on the appropriateness for Eurojust to grant a staff member:

o sick leave spent away from the place of employment;o special leave to undergo medical consultations, examinations or specific

treatments outside the place of employment;o part-time work based on medical grounds;o similar services.

In such case the tenderer shall carry out the minimum tasks: Organise and carry out the necessary medical tests and exams as well

as review the request for special leave or part-time or similar; analyse the medical results;

2 In the following cases: in case of illness of the Eurojust staff member pursuant to Article 59(1) of the Staff Regulations; in case Eurojust wants to follow up on a staff members high number of short term illness; in order to assess the necessity for the Eurojust staff member to take leave due to his/her health

condition or in case a member of the Eurojust staff member’s household is suffering from a contagious disease, pursuant to Article 59(5) of the Staff Regulations;

In case the Eurojust staff member requests sick leave away from the place of employment, or travels outside the place of employment for medical examinations or treatments;

In case the tenderer after reviewing the statistics proposes the initiative.

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inform Eurojust that a medical examination has taken place and provide the advice regarding the specific question;

Provide the concerned staff member with his/her detailed test results and with a copy of the above-mentioned result.

Administrative requirements The tenderer shall be required to arrange the medical examination at its premises, or if necessary, at the home of the Eurojust staff member, within 10 working days from the date of reception of Eurojust request. Eurojust shall be informed of the visit and the advice shall be forwarded to Eurojust and the concerned staff member within 10 working days from the day of the visit.

Statistics of use in the past and projection for the upcoming contract periodBased on experience and statistical figures the last contractor gave between 45 - 65 medical advices on a yearly basis. However, as Eurojust now is proposing to change its procedures, due to the requirement of the medical certificate, this number could therefore rise significantly in the future.

B.1.2.1.d. Sick leave registration, medical certificates, follow-up, consultation, analysis and statisticsA method for sick leave absences shall be created and maintained during the contract period according to the following:

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Action Eurojust

Tenderers requirements


Sick leave periodFor sick leave absences up to 3 days, within a

maximum of 12 days over a period of 12 months

In case of sick leave:a) for more than three days;b) up to three days but adding up to more than 12 days over a 12-month period;c) immediately preceding or following a period of annual of special leave;d) following a period of sick leave covered by a medical certificate;e) taking place while on annual leave, in connection to a request to have the day(s) of annual leave re-accredited.And also f) for reimbursement of computer screen glasses;g) in case of a request for special leave for (very) serious illness of a spouse/partner, a child or a relative in the ascending line

The tenderer shall receive and store medical certificates, sent by Eurojust staff.

AND / OR

The tenderer shall offer the possibility to Eurojust staff to visit the occupational health doctor to issue a medical certificate.

Tenderers required follow up (medical)

(administrative)


Eurojust will report the staff members initial absence, as well as his/her return to work, to the tenderer. Eurojust will also on the forth day of absence send an e-mail to the staff member informing them about the requirements of sending

in a medical certificate

The tenderer shall keep strict records of all sick leaves reported by Eurojust.

The tenderer shall send out a questionnaire to all reported absences (ZIF form)

In case of the medical certificate being faulty (no signature, not properly filled in etc.) the tenderer shall follow up and request request the staff member concerned to provide additional information required

The tenderer shall inform Eurojust as stated in section V. Sick leave analysis and statistics

A follow-up (e.g. telephone call, invitation for consultation, etc.) shall be carried out by the tenderer for the following sick leave absences that need to be covered by a medical certificate: a. immediately preceding or following a period of annual of special leave;b. following a period of sick leave covered by a medical certificate;c. taking place while on annual leave, in connection to a request to have the day(s) of annual leave re-accredited.d. for reimbursement of computer screen glasses;e. in case of a request for special leave for (very) serious illness of a spouse/partner, a child or a relative in the ascending line f. when expressly required by Eurojust or on the tenderer’s initiative if deemed necessary.

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I. Sick leave registration In accordance with Eurojust’s (draft) decision on sick leave Eurojust needs to have a register for sick leave absences. This “sick leave absences register” will be created and maintained by the winning tenderer. Eurojust will provide for this purpose an overview of its staff members and will inform the tenderer of its changes accordingly. Whenever a Eurojust staff member is absent for reasons of sickness or accident (hereinafter “sick leave”), Eurojust will report his/her initial absence by e-mail, as well as his/her return to work, to the tenderer to be entered into the sick leave register. The sick leave absences register shall also contain the Medical certificates information, as provided below.The tenderer is required to provide a detailed presentation on how this sick leave absences register will be set up and maintained.

II. Questionnaire For every registered sick leave (regardless the duration or number of days) a questionnaire (“ZIF“form3, proposal to be provided by the tenderer) should be sent out by the tenderer to the staff member concerned, including a pre-paid envelope for answers. The questionnaires shall be sent out and administered by the tenderer. If the staff member does not submit the questionnaire a reminder with a new form should be sent out by the tenderer after 10 days. Completion of ZIF form is voluntary for Eurojust staff but is encouraged.

III. Sick leave follow-up For sick leave absences up to 3 days, within a maximum of 12 days over a period of 12 months, the tenderer shall register the sick leave. In this case, the tenderer shall provide any follow-up only when expressly required by Eurojust or on the tenderer’s initiative if deemed necessary.

IV. Medical certificates Whenever a Eurojust staff member is absent because of sick leave for more than three days and/or for sick leave absences up to 3 days but exceeding a total of 12 days over a period of 12 months, the tenderer shall be able to provide the medical certificates upon request of the staff member.The following additional cases also need to be covered by a medical certificate:Sick leave:

a) immediately preceding or following a period of annual of special leave;b) following a period of sick leave covered by a medical certificate;c) taking place while on annual leave, in connection to a request to have

the day(s) of annual leave re-accredited.And also

d) for reimbursement of computer screen glasses;e) in case of a request for special leave for (very) serious illness of a

spouse/partner, a child or a relative in the ascending line3 ZIF stands for Ziekte Informatie Formulier which means Sickness Information Form.

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Eurojust staff members may, without cost for the staff member, request and have an appointment with the tenderer to have their medical certificate issued by the tenderer’s doctor.The outcome of the follow-up and the issuance of the medical certificates shall be notified to Eurojust in the weekly medical certificates overview.The staff member may choose to obtain the medical certificate from another source. This certificate may in such case be sent to the tenderer by staff members directly by post (prepaid envelopes to be provided by the tenderer) or by e-mail. If the tenderer notices that the submitted medical certificate is incomplete (e.g. no signature, not properly filled in, etc.) it is the responsibility of the tenderer to contact the staff member in order to have it corrected or re-issued.The tenderer shall provide Eurojust’s HR Working Conditions section every week with an overview of the medical certificates received, indicating the day on which they are received and the dates of sick leave covered by the certificate.

N.B. The tenderer shall keep strict records of the medical certificates received. The medical certificates shall be kept under medical confidentiality.

V. Sick leave analysis and statistics

WeeklyMedical certificates statistics as described in IV Medical certificates and follow ups

MonthlyBefore the 10th of each calendar month or if the 10th of the month concerned is on a weekend on the following working day, the tenderer shall provide the Eurojust contact person with monthly statistics on sick leave absences during the previous month.Minimum required statistics:

Name of staff member plus date of birth, Unit, first day of absence, day of returning to work Number and type of follow-up measures, outcome of follow up measure, number of received medical certificates Overview of sent and received ZIFs

Every half year

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Within 20 working days after the end of the month of June and December the tenderer must provide Eurojust with the statistics of sick leave registration. In this overview the tenderer shall provide a detailed overview of sick leave. Minimum required statistics:

Average number of staff working at Eurojust during the period concerned Number of sick leave requests Unique number of staff calling in sick Number of staff never sick Frequency of sick leave per individual Sick leave percentage Average days of sick leave per staff member sick leave absences of individual staff members during the previous half

year, statistics from the relevant ZIF categories (e.g. nature of illness, cause of

illness, etc.).

Annual report Within 20 working days after the end of each calendar year the tenderer shall provide Eurojust with an annual report, to identify any trends in absenteeism, reporting sick, etc. In this annual report the tenderer shall provide a detailed overview and analysis of sick leave. Minimum required statistics:

Average number of staff Number of sick leave requests Unique number of staff calling in sick Number of staff never sick Frequency of sick leave per individual Sick leave percentage Average days of sick leave per staff member Statistics from various relevant ZIF categories (e.g. nature of illness,

cause of illness, etc.). Number of work place visits, including reasons for visit Total number of pre employment medical examination and overview of

no shows The total number of performed annual medical checkups and overview of

no shows

Statistics shall be provided in the formats specified under B.1.2.1.g. Administrative requirements. Additional to the statistics the tenderer shall provide a short analysis of the figures and an analysis broken down by various relevant categories.

On yearly basis, before the end of the first quarter Eurojust will organise a meeting between the management of Eurojust and the occupational health

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doctor, during which the occupational health doctor elaborates on his or her findings.

B.1.2.1.e. Mental Health servicesWhen needed, upon request of Eurojust, the tenderer shall make available a qualified counsellor, psychologist and/or mediator to advice on personal or work-related health problems on the basis of strict confidentiality.In particular, the services shall include:

provide mental health and mediation services in the field of private life or work related issues such as but not limited to divorce, grievance, conflict, stress with a special emphasis on the expat situation;

offer support, advice and mediation services in case of complaints related to a conflict in working relationships.

When necessary refer to other professionals in the field of mental health care such as psychologists or psychiatrists. (not included in cost as all such future sessions or actions are outside of the scope of this contract);

B.1.2.1.f. ErgonomicsIn order to safe-guard health and well-being of its staff members in relation to the work place/work space, Eurojust needs that work place assessments/adjustments are to be carried out in the following cases:

As described and included in B.1.2.1.a. Pre-employment medical examination of Successful candidates, systematically when a new staff member takes up duties. Appointment with the staff member to be arranged by the tenderer within one month after taking up duties.

Ad hoc, when a staff member has physical complaints. Eurojust will contact the tenderer to make an appointment.

Ad hoc, after an internal office move or when a staff member comes back after maternity leave, parental leave, etc. Eurojust will contact the tenderer to make an appointment.

Ad hoc, upon request of Eurojust.

The tenderer shall be required to carry out individual work place visits (assessment and adjustments where relevant) by a qualified ergonomist upon Eurojust’s request, in such case the tenderer shall carry out the minimum tasks:

Organize and carry out the individual work place visits; analyse the results; make recommendations.

Administrative requirements The tenderer shall be required to arrange the individual work place visits (assessment and adjustments where relevant) by a qualified ergonomist at Eurojust’s premises, within 10 working days from the date of reception of Eurojust’s request. The tenderer shall inform Eurojust and the concerned staff

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member of the results of the visit within 10 working days from the day of the visit.

Statistics of use in the past and projection for the upcoming contract periodBased on statistical figures the last contractor carried out approximately 5 ad hoc workplace assessments on a yearly basis and 26 workplace assessments in 2008 due to an office move of part of the staff.From the above, in future Eurojust expect to have more workplace assessments since we want to link them also to the pre-employment medical check. Up to now an average of 45 newly recruited staff members per year. If in addition we add to this the cases of staff members coming back to maternity leave (average of 5 per year) and office moves total could go up to between 50 – 70 workplace assessments per year.Eurojust’s move to its new premises would involve between 200 – 250 workplace adjustments.

B.1.2.1.g. Administrative requirementsThe tenderer shall guarantee Eurojust and/or the staff member concerned with sufficient flexibility to cancel visits or to modify their scheduling without any cost until 24 hours prior to the scheduled appointment.

Documentation requirementsWithout prejudice to documentation requirements specifically defined in other sections of these specifications, all documentation and information including communications between Eurojust and the tenderer, as well as reports, all statistics, presentations and minutes of meeting, shall be in English unless otherwise specified by Eurojust.All prepared documentation shall be based on the following software and version (or the equivalent without loss of formatting):

- Microsoft Word 2007;- Microsoft Excel 2007;- Microsoft PowerPoint 2007.

Where used, digitally prepared photographs shall be provided in a high definition “jpg” format. Any proposed deviation from the above documentary requirements shall be submitted for approval by the tenderer to Eurojust that will specify any conditions of acceptance if the concession is granted.

B.1.2.1.h. Extra servicesFlu vaccinationsThe tenderer may be asked to organise vaccinations of Eurojust staff members against seasonal flu or in case of pandemic. The vaccinations should be available at the Eurojust premises and/or at tenderer’s premises. The Pricing form in Annex D should include the global price for one vaccination.

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Minimum requirementsThe tenderer shall be required to organise and perform annual flu vaccinations. The tenderer is required to carry out the following minimum tasks:

Organize and invite annually to the seasonal flu vaccinations; After making the appointments, carry out the flu vaccinations at Eurojust

and/or the tenderers premises.

Administrative requirements Upon approval by Eurojust the tenderer shall organize the annual seasonal flu vaccination or in case of pandemic the required vaccination.

Statistics of use in the past and projection for the upcoming contract periodBased on experience and statistical figures the last contractor carried out between approximately 30 – 40 flu vaccinations on a yearly basis. However, as Eurojust expects a proactive approach from the tenderer campaigning the flu vaccination this number could increase.

B.1.2.2. OPTIONAL SERVICESThe exemplification and description of specific tasks as specified in Section B.1.2.1 is not exhaustive; once the contract has entered into force, Eurojust may assign additional tasks falling within the scope of this invitation to tender with special regard to:

(i) Prevention,(ii) Training,(iii) Preventive Health Campaigns. The tenderer is requested to

propose, organise and carry out preventive health campaigns (leaflets, presentations, and information sessions, training courses or any other actions)

For this purpose, if the tenderer is able to provide any additional services related to prevention, and/or training, the tenderer shall include relevant information in its technical proposal, and related pricing lists in its financial proposal.The provision of additional services is an optional requirement.

The pricing lists of the additional services as proposed by the tenderer in its financial proposal will become part of the contract prices.

Please note that that offering these optional services related to Preventive Health Campaigns will be taken into consideration during the evaluation of the award criteria

B.1.2.3. OTHER REQUIREMENTS RELATED TO SERVICES

The staff members of the tenderer (Occupational Health doctors, Psychologists, Ergonomists, Counsellors, and Mediators) that will be assigned to Eurojust shall:

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be qualified and licensed to practice in the Netherlands, have working knowledge of both written and spoken English.

The operators of required for conducting the tests described in the technical specifications shall:

be qualified in their field of expertise according to the Dutch law, have working knowledge of English.

The tenderer shall designate an account manager who will act as a point of contact for Eurojust. The account manager and the administrative staff assigned to assist Eurojust must have knowledge of both written and spoken English.

B.1.3. REQUIREMENTS - LOT 2 OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT

B.1.3.1. CORE SERVICES TO BE PROVIDED AND THEIR REQUIREMENTS The tenderer shall be required to provide the following core services:

a) Occupational Health and Safety Risk AssessmentI. Structure of the risk assessment II. Steps that must be taken to perform the risk assessment III. Methodology IV. Risk factors and observation methods V. General conditions for Health and Safety Risk Assessment VI. Documentation and reporting

b) Administrative requirements

B.1.3.1.a Occupational Health and Safety Risk AssessmentEurojust premises, activities and staff are subject to Occupational Health and Safety (OH&S) risk assessment reviews and related Occupational Health and Safety preventative and protective measures, both in normal and emergency situations.

The tenderer shall be required to carry out OH&S risk assessments at Eurojust’s premises - and at any other premises Eurojust may decide to acquire during the performance of the contract - to control (eliminating or mitigating) all risks for all persons in its premises due to chemical, physical, biological and organizational hazards, but also any other currently unknown hazard, according to the Council Directive 89/391 and the Dutch host country legislation (Arbo Wet).

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The risk assessment shall cover all risks arising from Eurojust’s work activities and workplaces, and shall be carried out to enable Eurojust to effectively take all necessary measures for the safety and health protection of workers, contractors and visitors. These measures shall include:

- prevention of occupational risks- provision of information to workers contractors and visitors- organization and means to implement the necessary measures

The tenderer shall strictly perform the below mentioned activities based on the guidelines adopted by the EU’s Occupational Health and Safety Agency , and comply with the requirements of the Council Directive 89/391 and all the relevant European regulation.

The Health and Safety Risk Assessment shall be carried out by a Senior Consultant who will act as a Team Leader supervising a team of Junior and other Senior Consultants, over viewing the implementation of the entire risk assessment as well as being responsible for the production of interim and final reports and exchange of communication, in close collaboration with Eurojust’s Fire and Safety Officer (F&S O). The Team Leader shall schedule the related activities in cooperation with Eurojust and shall make every effort not to cause interruptions in the work of the Eurojust.

The health and safety risk assessment shall be strictly carried out as follows:

I. Structure of the risk assessment Identify the hazards created at work and evaluate the risks associated

with these hazards so as to determine what measures need to be taken to protect the health and safety of Eurojust employees and other workers, having due regard to legislative requirements;

Evaluate the risks in order to make the law requirement selection of work equipment, chemical substances used or present in the working environment, the fitting out of the workplace, and the organization of work;

Check whether the measures in places are adequate; Prioritize action if further measures are found to be necessary as a result

of the assessment; Demonstrate that all factors pertinent to the work have been considered

and that an informed valid judgement has been made about the risks and the measures necessary to safeguard health and safety;

Ensure that the preventive measures and the working and production methods considered to be necessary and implemented following a risk assessment provide an improvement in the level of protection afforded to workers with regard to safety and health.

II. Steps that must be taken to perform the risk assessment

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The Team Leader has to manage and supervise a team composed by Consultants of different skills and competences depending on the risk factors identified at Eurojust’s premises. More specifically, the Consultants shall carry out the following tasks:

The Junior Consultants shall:1. Collect information: environmental (places, jobs performed), tasks,

workers population, past experience, accident and ill-health records, emergencies, results of regular inspections, safety performance of contractors and legal requirements at Eurojust’s premises;

2. Identify all relevant hazards;3. Identify those at risk, group of people at potential risk from those

hazards;

4. The Senior Consultants shall: Evaluate risks: probability of harm, severity of harm in actual circumstances. Estimation of the risk involved will be quantitative;

5. Investigate options for eliminating or controlling risk. Record finding and propose necessary preventive and protective measures through plans and procedures;

6. Prioritize plan of action and decide control measures;7. Measure effectiveness of the implemented measures. Monitor and

review plans implemented to ensure continuing suitability, adequacy and effectiveness, and assess whether any revision is necessary, if circumstances have changed.

8. Review and update the risk assessment, periodically or if changes are introduced. Identify actions for a continuing improvement.

III. Methodology Observation of the workplace environment (e.g. means of access,

conditions of floors, machinery safety, temperature, lighting, noise, etc.) Identification of tasks carried out at the workplace; Consideration of patterns of work (to assess the exposure to hazards) Consideration of external factors that could affect the workplace;

The observation made can then be matched against criteria to ensure health and safety based on European Directives, host country regulations, published standards and guidance.

IV. Risk factors and observation methods The risk factors shall be investigated at Eurojust premises as defined in Section B.1.1. above in a quantitative and/or qualitative manner with visual inspections and investigations methods. In Annex F you as the tenderer will find a list of non-exhaustive risks that shall be addressed.

Each of the risk factor findings shall be communicated to the F&S O in a report specifying:

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- Assessing methodology; - Investigation methods applied;- Legal requirements/standards/guidelines used, conformity/non conformity

found;- Necessary measures (preventive and protective) to apply in order to

safeguard health and safety population.

Eurojust premises have been assessed at least once in the past 5 years.

V. General conditions for Health and Safety Risk Assessment All intended services are:o applicable to Eurojust premises as earlier introduced and defined;o to be provided with methodologies that are either already existing at

Eurojust, or dictated by the applicable regulations, or to be developed ad hoc by the tenderer and approved by the Fire and Safety Officer;

o meant to produce deliverables, that are either documents issued in paper and electronic formats, or physical presence of experts at meetings and surveys, or operations at Eurojust premises or remotely at tenderer’s premises, or development/deployment of IT applications to be compliant with Eurojust guidelines, or all of the above;

VI. Documentation and reporting o During initial assessment (inspection) phase: Action plans on how the risk

assessment will be conducted in its whole, regarding the control of risks present at Eurojust premises and how is affecting its occupants (workers and non workers), including checklists produced and used. Design paper and electronic methodologies including photographs, execution and record of risks assessments;

o During evaluation phase (after initial assessment): produce paper and electronic methodologies (if not already existing), outcomes of the risk assessments, written action plans to be taken and improved in future by Eurojust Fire and Safety in normal activities, accidental and emergency situations; interim reports on progress of the work. The timeframe and other modalities for the submission of the interim reports will be decided by Eurojust’s Fire and Safety Officer.

o Final reporting phase: produce a solid and comprehensive document with an analysis of all steps taken, methodologies and applicable legislation, difficulties encountered, decision-making process, human resources used, the findings and the outcome for each individual risk assessed (during initial and evaluation phases), protective and prevention measures part of a detailed action plan with time, resources, tasks and drawings specified for each risk assessed.

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o Follow-up and monitoring: monitoring action plan implementation and need for updates/reviews.

o Statistics: Statistics shall be produced by the successful tenderer on incidents, accidents and near-miss accident happened at Eurojust. The data will be provided by the Fire and Safety Officer.

B.1.3.1.b. Administrative requirementsDocumentation requirementsWithout prejudice to documentation requirements specifically defined in other sections of these specifications, all documentation and information including communications between Eurojust and the tenderer, as well as reports, all statistics, presentations and minutes of meeting, shall be in English unless otherwise specified by Eurojust.All prepared documentation (written or drawn) shall be based on the following software and version (or the equivalent without loss of formatting):

- Microsoft Word 2007;- Microsoft Excel 2007;- Microsoft PowerPoint 2007

Where used, digitally prepared photographs shall be provided in a high definition “jpg” format. Any proposed deviation from the above documentary requirements shall be submitted by the tenderer to Eurojust for approval that will specify any conditions of acceptance if the concession is granted.

B.1.3.2. OPTIONAL SERVICESThe exemplification and description of specific tasks as specified in Section B.1.3.1 is not exhaustive: once the contract has entered into force, Eurojust may assign additional tasks falling within the scope of each core service described in Section B.1.3.1 to the tenderer with special regard to:

i. Preventive work, including proposing, organising and carrying out preventive safety campaigns (leaflets, posters, or any other actions) aiming to raise post-holders’ awareness on safety matters and behaviours as well as occupational health & safety risks. References to the type and approach of such campaigns can be obtained through the EU’s Occupational Health and Safety Agency.

ii. Organising and producing training related videos on fire & safety risks and prevention to be shown to Eurojust visitors, external contractors, and certain post-holders’ groups exposed to specific risks.

iii. Organizing trainings on health and safety related subjects.

For this purpose, if it is able to provide any additional services related to prevention, safety risks, and/or training, the tenderer shall include relevant

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information in its technical proposal, and related pricing lists in its financial proposal.The provision of additional services is an optional requirement.

The information on additional services as provided by the tenderer in its technical and financial proposals will not be taken into account for the evaluation.

The pricing lists of the additional services as proposed by the tenderer in its financial proposal will be part of the contract prices.

B.1.3.3. OTHER REQUIREMENTS RELATED TO SERVICESThe Senior level consultants that will carry out tasks specified in section II of B.1.3.1.a.II “Health and Safety Risk Assessment“, from point 4 to 8, must:

- Be qualified and hold EU or international recognised certificates issued by professional Associations bodies or national appointed authorities to be able to provide the requested services in their field of work

- possess at least 7 years individual professional experience in the scope area of Health and Safety risk assessment for the Services Sector out of which at least 2 (two) years shall be in an international environment where English is the office working language,

- academic degree in their respective field (according to the type of risk assessed)

- appropriate knowledge of the Dutch legislation regarding health and safety (ARBO WET).

- have excellent working knowledge of both written and spoken English

The Junior level consultants that will carry out tasks specified in section II of B.1.3.1.a.II “Health and Safety Risk Assessment“, from point 1 to 3 must:

- Be qualified and hold EU or international recognised certificates issued by professional Associations bodies or national appointed authorities to be able to provide the requested services in their field of work

- possess at least 4 (four) years individual professional experience in the scope area of Health and Safety risk assessment for the Services Sector out of which at least 2 (two) years shall be in an international environment where English is the office working language,

- academic degree in their respective field (according to the type of risk assessed);



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As a reference, the below table provides the types of specialisations and profiles for the assessment of each risk:

Risk Factor Field of Expertise1. Workplaces air-conditioning, microclimate (control of

temperature/humidity/ventilation) and indoor pollutionChemist

2. Ergonomics’ workplaces, natural and artificial lightning, furniture. Ergonomist

3. Hygiene in workplaces, common areas, canteens, sanitary equipment and restrooms.

Biologist

4. Chemical agents, presence of pollutants. Chemist

5. Biological agents (micro-organism e.g. legionella dispersed from wet cooling towers, unintentional exposure to micro-organisms, exo and endo-toxins, coming for example from water, kitchenette, coffee machines pipelines).

Biologist

6. Electrical risks and installations Civil Engineer 7. Machineries and tools Civil Engineer 8. Physical workload, manual handling of weights, repetitive

movements.Ergonomist

9. Transport devices, tools. Civil Engineer 10. Noise Civil Engineer 11. Vibrations Civil Engineer 12. Gas, combustible pipelines and distribution devices. Thermal plants Civil Engineer 13. Pressurized devices Civil Engineer 14. Roof access, working at height systems and equipment. Civil Engineer 15. Fire risk (detection and fighting) and explosion risks.

Emergency doorways, routes and exits.Civil Engineer

16. Explosive atmospheres (ATEX) presence. Civil Engineer 17. Storage and materials stored. Civil Engineer 18. Technical areas (generator room, UPS room, main electricity room,

etc).Civil Engineer

19. External and internal transit areas, movement of pedestrians and vehicles. Fixed stairs.

Civil Engineer

20. Electromagnetic radiation (heat, light, x-ray, ionizing radiation) and laser.

Civil Engineer or Physics

B.1.4. VARIANTS TO THE REQUIREMENTSVariations on the requirements as contained in Section B.1.2 are not allowed.

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B.1.5. DIVISION INTO LOTSThis procurement procedure is divided into two lots:

Lot 1 - Occupational health services and

Lot 2 – Occupational Health and Safety Risk Assessment

Tenderers are allowed to submit a tender for one or both Lots. Tenderers shall clearly indicate for which lot(s) they apply for. In case tenderers apply for both lots, their tender shall include a selection criteria form as well as a technical and a financial proposal for each lot you tender for.

B.2. CONTRACT

B.2.1. TYPE OF CONTRACT AND DURATIONEurojust proposes to award one contract for each lot, one for Lot 1 - Occupational health services and one for Lot 2 – Occupational Health and Safety Risk Assessment

The Contract for Lot 1 – Eurojust proposes to award a service framework contract for duration of two (2) years.

The contract may be automatically extended up to a maximum of twice, each time for a maximum period of twelve (12) months, unless written notification to the contrary is sent by one of the contracting parties at least three (3) months before expiry of the contract.

The contract shall be extended under the same terms and conditions. In any case, extension does not imply any modification or deferment of existing obligations.

Eurojust may, during the three years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice for additional contracts involving services similar to those assigned to the party awarded this contract by the same contracting authority.

The Contract for Lot 2 – Eurojust proposes to award a service framework contract for duration of two (2) years.

The contract may be automatically extended up to a maximum of twice, each time for a maximum period of twelve (12) months, unless written notification to the contrary is sent by one of the contracting parties at least three (3) months before expiry of the contract.

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The contract shall be extended under the same terms and conditions. In any case, extension does not imply any modification or deferment of existing obligations.

Eurojust may, during the three years following the conclusion of the (initial) contract, have recourse to the negotiated procedure without prior publication of a contract notice for additional contracts involving services similar to those assigned to the party awarded this contract by the same contracting authority.

B.2.2. CONTRACT IMPLEMENTATIONThe following applies for both lots, Lot 1 - Occupational health services and one for Lot 2 – Occupational Health and Safety Risk Assessment.

The framework contract will be implemented through orders or specific contracts.

Although the intention is to request services from the successful tenderer, the framework contract does not impose any obligation on Eurojust to request such services.

B.2.3. CONTRACT PRICESPrices for the provision of the services listed in the technical proposal shall be as indicated in the financial proposal, drawn up according to the Pricing Forms (Annex D.1, "Pricing Form, Lot 1 - Occupational health services ", Annex D.2, " Pricing Form, Lot 2 - Occupational Health and Safety Risk Assessment "). Once the contract has entered into force, the prices indicated in the financial proposal of the successful tenderer may be revised under the conditions laid down in the contract.

B.2.4 IMPORTANT NOTEIn case the (potential) tenderers would like to raise objections or ask questions about the Tender Specifications and their annexes they should comply with the procedure indicated in Section C.5.1.1. below.The very fact of submitting a tender in response to this call for tenders implies that you:- Accept all terms and conditions as stipulated in these Tender Specifications and their annexes (including the Model Contract – Annex L);- Waive your own terms of business.The tenderers are requested to insert in their tenders a written statement of acceptance of the model contract.Eurojust reserves the right to decline without further comment any tender that does not accept its model contract.

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B.3. YOUR TECHNICAL PROPOSAL

Your technical proposal should consist of a clear and comprehensive response to ALL requirements, as specified in Section B.1.2. Your technical proposal shall be based on the Technical Proposal Form, which can be found in Annex C.

B.3.1. TECHNICAL PROPOSAL FORM (ANNEX C)The Technical Proposal Form is composed of all of the mandatory technical requirements stated in Section B.1.2. The Tenderer must fulfil all of the mandatory technical requirements in order to continue to the next stage of the evaluation. Technical proposals should demonstrate an understanding of the services required by Eurojust. It should elaborate on the organisation and methodology and address all points described in the Technical Specifications in order to score as many points against the technical award criteria as possible. The mere repetition of mandatory requirements set out in the Technical Specifications, without going into detail or without giving any added value, will only result in a very low score.

B.3.2. HOW TO PREPARE YOUR TECHNICAL PROPOSAL?The Technical Proposal Form must be filled in according to the instructions contained in Annex C of the Tender Specifications (Annex C.1, "Technical Proposal, Lot 1 - Occupational health services ", Annex C.2, "Technical Proposal, Lot 2 - Occupational Health and Safety Risk Assessment ").

While preparing your technical proposal, you shall bear in mind: the requirements specified in Section B.1.2 and/or B.1.3.; the award criteria indicated in Section B.6 and/or B.7.

N.B. The front page of the technical proposal shall be signed by a legal representative of the tenderer.

B.4. YOUR FINANCIAL PROPOSAL

Your financial proposal should give a complete overview of the different prices offered. Your financial offer shall be based on the Pricing Form, which can be found in Annex D (all fields are mandatory). (Annex D.1, “Pricing Form, Lot 1 - Occupational health services ", Annex D.2, “Pricing Form, Lot 2 - Occupational Health and Safety Risk Assessment ").

The tenderers financial proposals will be compared on the basis of the scenario presented in the Pricing Form. The scenario gives an indication of the importance of the services but does not present any kind of commitment on behalf of Eurojust.

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B.4.1. PRICING FORM The Pricing Form is composed of a list of all of the services Eurojust requires for this framework agreement.

B.4.2. HOW TO PREPARE YOUR PRICING FORM?The Pricing Form must be filled in according to the instructions contained in Annex D.

While preparing your financial proposal, you shall bear in mind: the award criteria indicated in Section B.6 and/or B.7. the important notes specified in Section B.4.3 below.

N.B. Each page of the Pricing Form shall be signed by a legal representative of the tenderer. B.4.3. IMPORTANT NOTESYou shall note that: Prices must be quoted inclusive of all costs and expenses directly

and indirectly connected with the goods and/or services to be supplied. All prices must be quoted in Euro, rounded off to two (2) decimals,

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

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

Your financial quotation should be completely unambiguous. Your offer will be disqualified if it contains any statements preventing an accurate and complete comparison of the offers (such as “To be discussed”, “Depending on x”, etc.) or referring to external circumstances (such as an already existing but separate contract).

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

B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIA (for both lots)Tenderers shall be excluded from this procurement procedure if:(a) they are bankrupt or being wound up, are having their affairs administered

by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning

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those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

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

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

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

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

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

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

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

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

Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or Eurojust during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of its tender and may result in administrative penalties.Document to be provided : You shall provide - in original - a declaration on honour drawn up according to the template found in Annex A, dated and duly signed by the legal representative of the tenderer.

B.5.2. CAPACITY: SELECTION CRITERIA - LOT 1 OCCUPATIONAL HEALTH SERVICESYou - as the tenderer - must have the overall capabilities (technical / professional, economic / financial, legal) to perform the contract. If one of the selection criteria listed below is not fulfilled, your tender may not be further evaluated.

The Selection criteria form, Annex B is composed of a list of all of the services Eurojust requires for this framework agreement.

B.5.2.a. TECHNICAL AND PROFESSIONAL CAPACITY

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Selection criteria Requirements:

You – as the tenderer - must prove that you have the technical and professional capacity to fulfil the required services.

Have medical facilities meeting the Dutch health and safety requirements in its specific field, in the area of the Hague, The Netherlands, or bordering municipalities, as well as adequate medical equipment to provide all services requested;

Possess minimum 3 years experience years in providing the services as stated in these Tender Specifications, in an international and/or multicultural environment;

The tenderer- including its medical staff - shall have the professional qualifications and authorisations laws, issued by the national appointed authorities, necessary to carry out medical activities in The Netherlands;

The staff members of the tenderer (Occupational Health doctors, Psychologists, Ergonomists, Counsellors, and Mediators) that will be assigned to Eurojust must be qualified and licensed to practice in the Netherlands,

Given the sensitivity of the information which needs to be processed in the context of this contract, all necessary safeguards are to be in place for data protection and an adequate protection of such information.4

Documents to be provided: The following documents or information must be presented as evidence of compliance with the above criteria:

A brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications;

A overview of the internal structure of the tenderer, as well as the medical facility proposed of the following:

- business profile;- its organisational division; - Medical facilities (reception, waiting areas, medical departments)

and medical equipment to be used;- Information on the number and speciality of the medical and

administrative staff;- average annual manpower, detailing the number of managerial

staff and the pool of experts assigned to the fields of Health services similar to those required in these Tender Specifications over the past 3 (three) years;

4 Please see for further information: http://www.eurojust.europa.eu/Practitioners/Data-Protection/Pages/data-protection-officer.aspx).

2012/EJ/75 34

http://www.eurojust.europa.eu/Practitioners/Data-Protection/Pages/data-protection-officer.aspx

http://www.eurojust.europa.eu/Practitioners/Data-Protection/Pages/data-protection-officer.aspx



- a description of the equipment in use for the performance of all requested examinations.

The organisational chart of the Medical Centre shall be included. This overview must clearly confirm the tenderer’s professional and technical capability to fulfil the relevant selection criteria;

a list of the main multinational contracts carried out in the past 3 (three) years covering the same kind and quantity as requested in these Tender Specifications; specifying the value, dates, recipients of the services provided and the tasks performed by the tenderer as well as contact information for verification;

a document containing the data protection policy applied by the organisation regarding the processing and protection of personal data in the context of such contract;

a description of the technical and organisational measures which the organisation has in place or plans to put in place to ensure the security, confidentiality and protection of personal data, including the procedures for the data flow and transmission of information within the organisation and with Eurojust;

a description of the procedures in place to ensure the provision of information to the data subjects and the exercise of their rights regarding the personal data processed;

Information as to the notification to the competent data protection authority of the country which data protection legislation is applied by the organisation;

Tenderers should be prepared for an on-site visit in as indicated in Section B.8 in order for the Evaluation Committee to verify the selection criteria as stated above regarding facilities. The visit is expected to last approximately 1 hour.

B.5.2.b. ECONOMIC AND FINANCIAL CAPACITYSelection criteria Requirement :

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

Copies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two financial years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established;

Evidence of professional risks indemnity insurance for the medical services requested.

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

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

B.5.2.c. LEGAL CAPACITYSelection criteria Requirement:

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

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

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

a Company proof of enrolment in a relevant professional register (such as for example Stichting Beheer Certificatieregeling Arbodiensten5, SBCA or equivalent) showing that the tenderer is compliant with the Dutch legislation on establishment and operation of a medical unit.

B.5.3. CAPACITY: SELECTION CRITERIA - LOT 2 OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENTYou - as the tenderer - must have the overall capabilities (technical / professional, economic / financial, legal) to perform the contract. If one of the selection criteria listed below is not fulfilled, your tender may not be further evaluated.

The Selection criteria form, Annex B is composed of a list of all of the services Eurojust requires for this framework agreement.

B.5.3.a. TECHNICAL AND PROFESSIONAL CAPACITY Selection criteria Requirements:

5 http://www.sbca.nl/

2012/EJ/75 36

http://www.sbca.nl/



You – as the tenderer - must prove that you have the technical and professional capacity to fulfil the required services.

Possess minimum 5 years experience in office environment’s health and safety risk assessment;

Having carried out at least 3 H&S risk assessments in an international office Organization having a equal or bigger size (employees and office spaces) environment;

The Team Leader for coordinating Health and safety risk assessments must

- Be qualified and hold EU or internationally recognised certificates issued by professional Associations bodies or national authorities to be able to provide the requested services

- possess at least 7 (seven) years individual professional experience in the scope area of Health and Safety risk assessment for the Services Sector out of which at least 3 (three) years shall be in an international environment where English is the office working language,

- possess at least 3 years individual professional experience of coordinating big risk assessment projects and managing senior and junior staff at team level conducting the risk assessments for an organisation.

- Relevant academic degree in their respective field, according to the type of risk stated in this call for tender



N.B. The minimum experience in years as requested above is calculated until the deadline of submission of offers.

Documents to be provided: The following documents or information must be presented as evidence of compliance with the above criteria:

A brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications and a detailed description of the internal structure of the tenderer.

A list of at least 3 H&S risk assessments that fall within the scope area of Health and Safety risk assessment for the Services Sector and of similar value, an international organisation within the European Union of similar size.

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The tenderer shall specify the value, dates of the H&S risk assessments, names and contact details of clients and the main services provided by the tenderer.

The CV of the proposed Team Leader who will be assigned to this contract and supervise Health and safety risk assessments.

B.5.3.b. ECONOMIC AND FINANCIAL CAPACITYSelection criteria Requirement : You – as the tenderer - must prove that you are in a stable financial position and you have the financial capacity to provide the required supplies.Documents to be provided:



In case of a consortium (grouping) or subcontracting, each member of the consortium and all sub-contractors (in line with points 4.1 or 4.2 below) must provide the required evidence for the economic and financial capacity but the assessment of whether the minimum requirement is met will bear on the consortium as a whole or the tenderer together with his subcontractors.

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

B.5.3.c. LEGAL CAPACITYSelection criteria Requirement:

You – as the tenderer - must prove that you are authorised to perform the contract under national law. The tenderer shall have the professional qualifications and authorisations, issued by the nationally appointed authorities required to carry out risk assessments for the Services Sector in The Netherlands.

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

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

A valid certificate, issued by the nationally appointed authority, proving that the tenderer is compliant with the European or national legislation on providing consultancy service regarding of Health and safety risk assessments in the Services Sector.

B.5.4. IMPORTANT NOTEThe abovementioned documentation concerning exclusion and selection criteria (Sections B.5.1 and B.5.2) must specifically relate to the tenderer, i.e. to the company submitting a tender in the framework of this procurement procedure.In case of a joint offer submitted by a consortium, the tenderer shall provide the information and documentation listed in Section E.1.2, in compliance with the terms and conditions specified in Section E.1.In case of subcontracting, the tenderer shall provide the information and documentation listed in Section E.2.2, in compliance with the terms and conditions specified in Section E.2.

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B.6. AWARD CRITERIA LOT 1 - OCCUPATIONAL HEALTH SERVICESOnce you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, and the fulfilment of the mandatory technical requirements, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender.

B.6.1. QUALITATIVE AWARD CRITERIA EVALUATION The following award criteria will be applied:

Quality of sick leave absences procedure (Max 35 points)Tenderer should provide Eurojust with a detailed description to the tenderers approach and compliance with the requirements specified in these tender specifications regarding the set up and maintenance of the sick leave absences procedures.

Eurojust shall assess the quality and suitability of the proposed services as well as the comprehensiveness and clarity of the description and transparency of the process concerning:

Sick leave absences register, how notification from Eurojust that staff member is sick is handled, questionnaire (ZIF form) to be sent out in case of notified sick leave, follow up procedure type of follow up carried out for the different sick leave periods as well as

after the visit medical certificate procedures Statistics

Quality of the services (Max 25 points)Tenderer should provide Eurojust with a detailed description to the tenderers approach and compliance with the requirements specified in these tender specifications excluding the Quality of sick leave absences procedure as this is assessed in other categories.

Eurojust shall assess the quality and suitability of the proposed services as well as the comprehensiveness and clarity of the description and transparency of the process. The tenderer should provide detailed presentation of the methodology and

workflow proposed to ensure a high quality service, including a description of the organisation of the standard annual/pre-recruitment examination and of how quality procedures are implemented. Tests should take place consecutively and be completed in one morning or one afternoon for the annual medical examination and within the duration of one day for the pre-recruitment medical (possibly split over two consecutive days).

Continuous professional training of medical staff: The tenderer must present their training policies and/or practices in order to ensure that the medical staff is kept up to date with recent developments in medicine,

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administration and hygiene. Availability to provide tests and exams in the same premises. Speed of results being dispatched: Tenderers should show how they will

provide results within two weeks or less (or how Eurojust will be informed if that is not possible).

Parking facilities at no cost: The tenderer must describe the availability of parking facilities for patients undergoing examinations, and in particular if these facilities are offered for free.

Pro active approach (Max 20 points)The tenderer will be assessed on his ability to describe the pro-active work that can be carried out. Eurojust shall assess the quality and suitability of the proposed services as well as the comprehensiveness and clarity of the description and transparency of the process. The tenderer should provide detailed presentation of the workflow proposed

to ensure a high participation in annual medical checkups or proposed health campaigns.

The tenderer should provide detailed presentation of how an information campaign would be presented for example in case of a pandemic or to encourage a flu vaccination or for a proposed health campaigns.

The tenderer should briefly present two health campaign ideas in which the tenderer should describe the idea, why it is suited for Eurojust including goals and how it is to be done at Eurojust including a price estimate not exceeding 5000 Euro each.

Understanding and capacity to adjust to Eurojust needs and Customer service approach (Max 20 points)How the tenderer understands the international and multicultural professional environmental context and how he will identify Eurojust needs and the capacity to adapt to such an environment.Eurojust shall assess the quality and suitability of the proposed services as well as the comprehensiveness and clarity of the description and transparency of the process. The tenderer shall express flexibility when it comes to forms and services,

the possibility of changing them at Eurojust’s request. Flexibility in appointments and cancellation policy with no cost to Eurojust:

The tenderers should give standard times between the request for an appointment and the date of the medical appointment taking place, as well as the time delay for rescheduling appointments. Tenderers should also detail their policies when appointments are rescheduled or cancelled.

N.B. Tenderers scoring less than 65% in the overall points total will be excluded from the rest of the assessment procedure.

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B.6.2. PRICE AWARD CRITERIA EVALUATIONThe total price will be calculated on the basis of the Total scenario price indicated in the Financial Proposal.

B.6.3. FINAL EVALUATIONThe contract will be awarded to the tender which is the most cost-effective (offers the best value for money) on the basis of the ratio between the total points scored for quality and the total price.

Final evaluationQuality points/ Total Scenario Price = Final score

The Final Score will be then multiplied by 100 000 for better visualisation of the results. The result will be rounded to the nearest whole number.

B.7. AWARD CRITERIA LOT 2 – OCCUPATIONAL HEALTH AND SAFETY RISK ASSESSMENT

Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, and the fulfilment of the mandatory technical requirements, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender.

B.7.1. QUALITATIVE AWARD CRITERIA EVALUATION

The tenders will be evaluated based on the quality and the relevance of the tenderer’s proposal to conduct the health and safety risk assessments in a multicultural working environment. The tenderer shall strictly comply with the working methodology as specified in B.1.2.1.f Occupational Health and Safety Risk Assessment. The following award criteria will be applied:

Health and Safety Project plan (Max 40 points – Minimum 20 points to pass)

The tenderer shall provide an overview of all the tasks to be carried out, specifying deliverables for each stage of the project with specific timeframe, organization of the activities with details on the sequence in which the tasks will be performed, how the expert (s) will be selected, deployed and replaced (organizational structure, roles and responsibilities). Tenderers that give a

2012/EJ/75 42



tailor made analysis and evaluation of the entire project plan for Eurojust, will score higher points. N.B. Tenderers scoring less than 20 points in this sub-criterion will be excluded from the rest of the assessment procedure.

Health and Safety Risk Assessment methodology (Max 30 points – Minimum 15 points to pass)The offer will be assessed based on the quality and relevance of the methodology and the tools used for assessing each risk factor and all the tasks performed under this contract. Tenderers that provide a comprehensive list of the most commonly found risks in the Services Sector and the methodology used to assess those risks will score higher points.N.B. Tenderers scoring less than 15 points in this sub-criterion will be excluded from the rest of the assessment procedure.

Communication with Eurojust (Max 10 points – Minimum 5 points to pass)The tenderer shall describe how they will ensure a smooth and effective communication with Eurojust by describing how they will prepare meetings with Eurojust to plan the activities, use of resources, and how they will present the interim and final reports of the data related to the assessments Tenderers that provide a comprehensive workflow of a communication plan will score higher points. N.B. Tenderers scoring less than 5 points in this sub-criterion will be excluded from the rest of the assessment procedure.

Monitoring contract performance (Max 15 points – Minimum 7 points to pass)The tenderer shall describe how they will control the project according to the defined Eurojust’s requirements. Tenderers that provide a comprehensive workflow of a monitoring plan will score higher points. Any additional methodology to monitor contract performance (e.g. performance indicators) will give additional scoring.N.B. Tenderers scoring less than 7 points in this sub-criterion will be excluded from the rest of the assessment procedure.

Understanding and adaptability to Eurojust’s needs (Max 5 points)The tenderer shall describe by giving 2 examples on how they are aiming to incorporate in their methodology cultural considerations and behaviours towards health and safety. The tenderer shall explain how these will be reflected in their evaluation reports and how their approach will be adapted to such a multicultural environment.

2012/EJ/75 43



N.B. Tenderers scoring less than the required points (see above for each category) will be excluded from the rest of the assessment procedure.

B.7.2. PRICE AWARD CRITERIA EVALUATIONThe total price will be calculated on the basis of the Total scenario price indicated in the Financial Proposal.

B.7.3. FINAL EVALUATIONThe contract will be awarded to the tender which is the most cost-effective (offers the best value for money) on the basis of the ratio between the total points scored for quality and the total price.

Final evaluationQuality points/ Total Scenario Price = Final score

The Final Score will be then multiplied by 100 000 for better visualisation of the results. The result will be rounded to the nearest whole number.

B.8. TIMETABLE

Milestone Deadline (*) Notes Deadline for registering to the site visit – Only Lot 2

01/08/2012at 14.00 CET

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

Site visit – Only Lot 2 07/08/2012at 14.00 CET


Site visit – Only Lot 2 09/08/2012at 14.00 CET


Deadline for sending requests for additional clarifications

17/08/2012at 14.00 CET

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

Deadline for dispatching tenders

28/08/2012 at 14.00 CET

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

2012/EJ/75 44



Milestone Deadline (*) Notes Deadline for registering at the public opening session

28/08/2012 at 14.00 CET

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

Public opening session 31/08/2012 at 10.00 CET

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

First meeting of the evaluation committee

Within 4 weeks following the public

opening session

Estimated

On-site visit by the Evaluation Committee to verify the selection criteria regarding facilities as stated in B.5.2.a. – Only Lot 1

in September/October 2012 (Estimated)

The tenderers will be contacted in advance for detailed scheduling of the On-site visit.

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

Within 1 week after the award

decision is signed

Signature of the contract for the required services [and/or supplies]

fourth quarter of 2012

Estimated

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

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SECTION C – INSTRUCTIONS ON HOW TO TENDER

C.1. CONTENTS OF YOUR TENDER Tenders shall comprise the following three elements:

(i) Information and documentation about the tenderer’s eligibility and capacity (Envelope A), including: Declaration on the tenderer’s eligibility to tender as specified in

Section B.5.1, using the template found in Annex A, in original; All documentation on the tenderer’s capacity as specified in

Section B.5.2 (for Lot 1) / Section B.5.3 (for Lot 2) included the form found in Annex B. Copies of original certificates/documents issued by an official authority in the country of origin or provenance may be accepted.

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

The tenderer’s administrative data form found in Annex G to be filled in.

The tenderer’s Financial Identification Form and Legal Entity Form using the templates found in Annex I and J to be filled in (with all required attachments), in original;

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

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

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

To ensure that all documentation required for this procurement procedure is provided, a checklist is annexed to these Tender Specifications as Annex N.C.1.1. IMPORTANT NOTE

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

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

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C.2. LANGUAGE OF YOUR TENDER Tenders must be submitted in one of the official languages of the European Union. Since Eurojust’s working language is English, Eurojust would highly appreciate to receive tenders written in English.

C.3. HOW TO PACKAGE YOUR TENDER? Tenders must be submitted using the double envelope 6 system – i.e. one outer envelope and three inner envelopes - in order to guarantee the confidentiality and integrity of data.The outer envelope shall be sealed with adhesive tape, signed across the seal and carry the following information:

TENDER FOR EUROJUSTTender Ref. No. 2012/EJ/75Tender Title: Provision of occupational health and safety services to EurojustPlease mark participation in the lots:Lot 1 - Occupational health services


TENDER – NOT TO BE OPENED BY THE INTERNAL MAIL DEPARTMENTName of the Tenderer: ---------------------------------------------------------Address of the Tenderer: ---------------------------------------------------------- ------------------------------------------------------------ ----------------------------------------------------------

The three innermost envelopes shall be composed of: Envelope A. Eligibility and capacity, containing one original (clearly

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

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

Envelope C. Financial Proposal, containing one original (signed as indicated in Section B.4.2 and clearly marked as Òriginal’) and three copies (each marked as `Copy’) of the financial proposal, prepared

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

2012/EJ/75 47



following the indications found in Section B.4 and based on the Pricing Form found in Annex D.

C.4. HOW TO DISPATCH YOUR TENDER? The tenderer shall dispatch its tender not later than the date and time indicated in Section B.8.The tenderer may choose to dispatch its tender by registered mail, courier service or hand delivery, to the following addresses:

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

By hand delivery or courier service to:Eurojust - Procurement OfficeMaanweg 174 (Mail reception at Regulusweg – Post 6)7 2516 AB The HagueThe Netherlands

Tenders sent by other means (e.g. by e-mail or fax) or dispatched later than the deadline indicated in Section B.8 will be rejected. N.B. The tenderer shall note that in case of tenders dispatched through registered mail or courier service, if the proof of dispatch is duly provided to Eurojust as explained in Section C.4.1.a below, tenders will be accepted even if – due to unexpected delays – they arrive after the date of the opening session. If no proof of dispatch is provided to Eurojust AND the tenders arrive after the opening session takes place, tenders will be rejected.C.4.1. IMPORTANT NOTE: PROOF OF DISPATCH

C.4.1.a. REGISTERED MAIL AND COURIER SERVICE The tenderer shall dispatch its tender to the postal or courier service by the deadline indicated in Section B.8 at the latest.As a proof of dispatch, date and time of dispatch shall be clearly indicated in the outer envelope of the tender.In addition, the tenderer shall obtain a receipt of delivery issued by the postal or courier service clearly indicating the date and time of dispatch. By the deadline indicated in Section B.8, the tenderer must send a copy of this receipt to Eurojust by e-mail ([email protected]) or by fax (+31 70 412 5585), specifying the title and reference number of this procurement procedure, together with the name, e-mail address and telephone number of the tenderer.

C.4.1.b. HAND DELIVERY

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

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The tenderer shall hand in its tender to the Eurojust official taking delivery by the deadline indicated in Section B.8 at the latest.As a proof of dispatch, the tenderer shall request a receipt, signed and dated by the Eurojust official taking delivery, clearly indicating the date and time when the Eurojust official took delivery of the tender. In order to ensure punctual hand delivery, the tenderer is strongly advised to take into account the time needed for security checks when entering the Eurojust building and for the actual handover of its tender to the Eurojust official in charge of taking delivery. Eurojust may not be held liable for any delays incurred by the tenderer when in Eurojust’s premises; the tenderer alone is responsible for ensuring that its tender is delivered on time.

C.5. CONTACTS BETWEEN EUROJUST AND TENDERERSContacts between Eurojust and the tenderer may only take place in exceptional circumstances, under the following conditions:

C.5.1. BEFORE THE DEADLINE FOR DISPATCHING TENDERSC.5.1.a. REQUESTS FOR CLARIFICATIONS

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

Eurojust - Procurement OfficePO Box 161832500 BD The Hague, The NetherlandsFax: +31 70 412 5585E-mail: [email protected]

All queries shall be sent to Eurojust no later than the deadline indicated in Section B.8. Tenderers shall note that Eurojust is not bound to reply to requests for additional clarifications made less than 5 working days before the deadline for dispatching tenders.

C.5.1.b. AMENDMENT OF THE TENDER SPECIFICATIONS At any time prior to the deadline for dispatching tenders, Eurojust may modify the Tender Specifications by amendment. In order to allow tenderers reasonable time in which to take the amendment into account in preparing their tenders, Eurojust, at its discretion, may extend the deadline for dispatching tenders.

N.B. The information concerning requests for clarifications and/or amendments of the Tender Specifications will be made available electronically on the

2012/EJ/75 49

mailto:[email protected]



Eurojust web site (http://www.eurojust.europa.eu/ten_ongoing.htm) no later than 6 days before the deadline for dispatching tenders. Eurojust web site will be updated regularly. It is the tenderer’s responsibility to check for updates and modifications during the tendering period.Clarifications and/or amendments will be regarded as an integral part of the Tender Specifications.

C.5.2. AFTER THE DEADLINE FOR DISPATCHING TENDERSIf, after the deadline for dispatching tenders, a clarification is needed by Eurojust or if obvious clerical errors in the tender need to be corrected, Eurojust may contact the tenderer, although such contacts may not lead to any alterations of the terms of the submitted tender.

C.5.3. SITE VISITA site visit to the premises of Eurojust will be held after the launch of the procurement procedure, i.e., on the date and time indicated in Section B.8.Tenderers are invited to participate in the site visit in order to see the Eurojust Premises, which is currently in use, and to ask clarifications on the issues they consider relevant and useful to prepare an offer for this call for tenders.For the site visit tenderers have to apply in writing by sending an e-mail, fax or mail to:

Eurojust - Procurement OfficePO Box 161832500 BD The Hague, The NetherlandsFax: +31 70 412 5585E-mail: [email protected]

These requests shall indicate the reference number of the procurement procedure, the title, the details of the tenderer and the contact person, who will be the representative of the tenderer and will attend the site visit.All applications for the site visit shall be sent to Eurojust no later than the deadline indicated in Section B.8.

C.6. CAN A CONSORTIUM SUBMIT A TENDER? IS SUBCONTRACTING ALLOWED?Consortia of economic operators are authorised to submit tenders (joint offers) in compliance with the terms and conditions specified in Section E.1.The tenderer may subcontract the tasks specified in Section B.1 [Scope of Work] to other economic operators in compliance with the terms and conditions for subcontracting specified in Section E.2.

2012/EJ/75 50


http://www.eurojust.europa.eu/ten_ongoing.htm



SECTION D – HOW WILL TENDERS BE EVALUATED?

D.1. PUBLIC OPENING SESSIONTenders are opened by an opening board, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality.

D.1.1. FORMAL OPENING REQUIREMENTSThe main aim of the opening session is to check whether the tenders received are compliant with the following formal requirements:

1. the tender was not dispatched later than the dispatch deadline indicated in Section B.8,

2. the package containing the tender is sealed, in order to guarantee the confidentiality and integrity of data,

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

4. the technical proposal and the financial proposal are signed as indicated in Section C.3,

5. the tender is submitted in the number of copies required in Section C.3.If tenders are not compliant with requirements no. 1 and 2, they will be rejected.

D.1.2. MODALITIES TO ATTEND THE PUBLIC OPENING SESSIONThe public opening session will take place at Eurojust’s premises on the date and time indicated Section B.8. One representative per tenderer is allowed to attend the opening session as an observer. Should a tenderer wish to be present, it shall inform Eurojust of the name of its representative by email ([email protected]) or by fax (+31 70 412 5585), not later than the date and time indicated in Section B.8. For security reasons, tenderers who do not register within the given deadline will not be allowed to attend the opening session.

D.2. TENDER EVALUATION SESSIONTenders complying with the formal opening requirements checked during the opening session are evaluated in three stages by an evaluation committee, whose members are appointed by Eurojust on a personal basis under guarantee of impartiality and confidentiality.(i) The evaluation committee first discusses the eligibility of the tenderer to

participate in the procurement procedure as defined in Section B.5.1.(ii) The evaluation committee then checks the capacity of the tenderer to

perform the contract against the selection criteria as defined in Section

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B.5.2 (for Lot 1) or Section B.5.3 (for Lot 2). If one of the relevant criteria is not positive, its tender may not be further evaluated.

(iii)Afterwards, each member of the evaluation committee evaluates the technical and financial proposals and awards a score against the award criteria as defined in Section B.6 (for Lot 1) or Section B.7 (for Lot 2). The most economically advantageous tender is established.

In case of joint offers submitted by consortia and in case of subcontracting, the exclusion, selection and award criteria are assessed in compliance with the terms and conditions specified in Section E.N.B. The evaluation procedure is confidential. The deliberations of the evaluation committee are held in closed session and its recommendations are collective. The members of the evaluation committee are bound to secrecy.

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

E.1. JOINT OFFERS SUBMITTED BY CONSORTIA

E.1.1. INTRODUCTIONGroups of economic operators (consortia) are authorised to submit tenders (joint offers). In this case, each member of the consortium shall fulfil the requirements and accept the terms and conditions set out in the Invitation to Tender, the Tender Specifications, the Model Contract as well as all the relevant annexes.The members of the consortium shall designate one member as Consortium Leader with full authority to bind the consortium and each of its members. The Consortium Leader shall act as a single point of contact with Eurojust in connection with the present procurement procedure. Eurojust may not demand that consortia must have a given legal form in order to be allowed to submit a tender. However, the consortium selected may be required to adopt a given legal form after it has been awarded the contract and before the contract is signed, if this change is necessary to the proper performance of the contract.

E.1.2. DOCUMENTATION / INFORMATION TO BE PROVIDEDIn the section of the tender related to the tenderer’s eligibility and corporate capability (Envelope A), the consortium shall clearly specify the role and tasks of each member of the consortium. In addition, each member of the consortium must provide the following documentation:

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

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Documentation related to its legal capacity, as specified in Section B.5.2 (for Lot 1) or Section B.5.3 (for Lot 2);

Documentation related to its economic and financial capacity, as specified in Section B.5.2 (for Lot 1) or Section B.5.3 (for Lot 2);

Documentation related to its technical and professional capacity (documentation to be provided by each member of the consortium to the extent of its respective share of tasks), as specified in Section B.5.2. (for Lot 1) or Section B.5.3 (for Lot 2);

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

E.1.3. EVALUATIONJoint offers submitted by consortia will be assessed as follows: The exclusion criteria (Section B.5.1) and the selection criteria for the legal

capacity (Section B.5.2 -for Lot 1- or Section B.5.3 -for Lot 2-) will be assessed in relation to each member of the consortium individually;

The selection criteria for the economic and financial capacity (Section B.5.2 -for Lot 1- or Section B.5.3 -for Lot 2-) will be assessed as follows:- For criteria set as minimum viability standards on financial and economic

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

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

The selection criteria for the technical and professional capacity (Section B.5.2 -for Lot 1- or Section B.5.3 -for Lot 2-) will be assessed in relation to the combined capacities of all members of the consortium, as a whole;

The award criteria (Section B.6 -for Lot 1- or Section B.7 -for Lot 2- ) will be assessed in relation to the tender.

Since all members of the consortium are jointly and severally liable towards Eurojust for the performance of the contract, statements included in the joint offer saying, for instance:- that each member of the consortium will be responsible only for a specific

part of the contract, or- that a separate contract should be signed with each member of the

consortium if the joint offer is successful, are incompatible with the principle of joint and several liabilities. Eurojust will disregard any such statement contained in a joint offer, and it reserves the right to reject such offers without further evaluation, on the grounds that they do not comply with the Tender Specifications.N.B. If a member of the consortium does not fulfil one of the exclusion or selection criteria, the whole consortium shall be excluded.

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E.1.4. CONTRACT IMPLEMENTATIONOnce the Contract has entered into force, all members of the consortium shall be jointly and severally liable towards Eurojust for the performance of the Contract, they shall comply with the terms and conditions of the Contract and ensure the proper execution of their respective share of the services. The Consortium Leader – duly authorised by the other members of the consortium – will be entitled to sign any contractual documents; it shall act as a single point of contact with Eurojust in connection with the services to be provided under the Contract; it shall co-ordinate the provision of the services by the consortium members to Eurojust; it shall guarantee a proper administration of the Contract.The composition of the consortium and the allocation of tasks among the members of the consortium shall not be altered without prior written information to Eurojust.

E.2. SUBCONTRACTING

E.2.1. INTRODUCTION The tenderer may subcontract the tasks specified in Section B.1 other economic operators, as long as the supplies and/or services are provided in accordance with the Tender Specifications and have no impact on the prices proposed in its financial proposal. E.2.2. DOCUMENTATION / INFORMATION TO BE PROVIDEDIn the section of the tender related to the tenderer’s eligibility and capacity (Envelope A), the tenderer shall:

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

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

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

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

E.2.3. EVALUATION In case of subcontracting, the tender will be assessed as follows: The award criteria (Section B.6 -for Lot 1- or Section B.7 -for Lot 2- ) will

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

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E.2.4. CONTRACT IMPLEMENTATION Once the contract has entered into force, the successful tenderer shall retain full liability towards Eurojust for the performance of the contract as a whole. Eurojust will not have any direct legal commitment with the subcontractor(s).During the execution of the contract, the contractor will need Eurojust’s express authorisation to replace a subcontractor with another subcontractor and/or to subcontract tasks for which subcontracting was not envisaged in the original tender, in compliance with the provisions on subcontracting foreseen in the contract.

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

F.1. Eligibility documentation (exclusion criteria)The successful tenderer to whom Eurojust intends to award the contract will have to provide – within a short time limit defined by Eurojust and preceding the signature of the contract – the following documentation (original documents) related to the exclusion criteria listed in Section B.5.1 of the Tender Specifications:

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

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

However, where the eligibility documents 1 and 2 are not issued in the country concerned, Eurojust shall accept, as satisfactory evidence for the situations described in points a) to e) of Section B.5.1 of the Tender Specifications, a sworn or, failing that, a solemn statement made by the successful tenderer before a judicial or administrative authority, a notary or a qualified professional body in its country of origin or provenance, clearly stating that the requested eligibility documents are not issued in the country concerned and that the successful tenderer is not in one of the above-described situations.Depending on the national legislation of the country in which the successful tenderer is established, these documents must relate to legal persons and/or natural persons. Please note that the signature of the contract between Eurojust and the successful tenderer will be conditional upon provision of the documentary evidence from the successful tenderer.

F.1.1.IMPORTANT NOTICE: Eligibility documentationAS THE TIME LIMIT FOR SUBMITTING THE ABOVE-MENTIONED DOCUMENTATION IS RATHER SHORT (GENERALLY NOT MORE THAN 15 CALENDAR DAYS FROM THE NOTIFICATION OF THE CONTRACT AWARD), WE STRONGLY RECOMMEND THAT THE TENDERER STARTS GATHERING THE REQUESTED DOCUMENTS (especially in case of joint venture/subcontracting, including the relevant documents for consortium partners/subcontractors as laid down in section E) AS SOON AS POSSIBLE, IN ORDER TO HAVE THE DOCUMENTS READY TO BE SENT TO EUROJUST IN CASE IT IS AWARDED THE CONTRACT. This will allow reducing the time line to sign the awarded contract with Eurojust. However, Eurojust shall not sign the Contract with the successful tenderer until a

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standstill period of 14 calendar days has elapsed, running from the day after the simultaneous dispatch of the notification to tenderers (those rejected and the successful tenderer).

F.2. Capacity documentation (selection criteria)On Eurojust’s request, the successful tenderer shall submit the original certificates / documents to Eurojust for conformity check prior to the signature of the contract. In such case, please note that the signature of the contract between Eurojust and the successful tenderer will be conditional upon provision of the original certificates / documents from the successful tenderer.

F.3. Additional administrative documentation On Eurojust’s request and within the time limit defined by Eurojust, the successful tenderer shall provide additional administrative documentation (e.g. legal entity form, financial identification form, VAT registration, etc.). Please note that the provision of the additional administrative documentation is necessary in order to prepare the contract and to authorise payments.

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Annex A - Declaration on Honour Template

(TEMPLATE)

(To be submitted on the headed notepaper of the legal entity concerned)

DECLARATION OF HONOURwith respect to

the Exclusion Criteria and absence of conflict of interest

<Date>

Dear Sir/Madam,

In response to Your invitation to tender no. 2012/EJ/75 for the Provision of occupational health and safety services to Eurojust.

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

in his/her own name (if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision making or control over the economic operator8)

or representing (if the economic operator is a legal person)

official name in full (only for legal person):

official legal form (only for legal person):

official address in full:

VAT registration number:

declares that the company or organisation that he/she represents / he/she: is not in any of the situations referred to in Articles 93 and 94 of the Financial Regulation (Council Regulation no 1605/2002); namely:

a) is not bankrupt or being wound up, is not having its affairs administered by the courts, has not entered into an arrangement with creditors, has not suspended business activities, is not the subject of proceedings concerning those matters, and

8 To be used depending on the national legislation of the country in which the candidate or tenderer is established and where considered necessary by the contracting authority (see art. 134(4) of the Implementing Rules).

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is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

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

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

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

e) has not been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

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

In addition, the undersigned declares on their honour:g) they have no conflict of interest in connection with the contract; a conflict of

interest could arise in particular as a result of economic interests, political or national affinities, family or emotional ties or any other relevant connection or shared interest;

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

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

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

k) that the information provided to Eurojust within the context of this invitation to tender is accurate, sincere and complete;

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

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

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natural persons, such as the company directors or any person with powers of representation, decision making or control in relation to the Tenderer.For the situation described in point (d) above, recent certificates or letters issued by the competent authorities of the State concerned are required. These documents must provide evidence covering all taxes and social security contributions for which the Tenderer is liable, including for example, VAT, income tax (natural persons only), company tax (legal persons only) and social security contributions.For any of the situations (a), (b), (d) or (e), where any document described in two paragraphs above is not issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the interested party before a judicial or administrative authority, a notary or a qualified professional body in his country of origin or provenance.]

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

Yours faithfully<Signature of authorised representative>Name and position of authorised representativeDate

Annex B.1 – Exclusion and selection criteria form Lot 1 - Occupational health services

Exclusion and selection criteria form

2012/EJ/75 for the Provision of occupational health and safety services to Eurojust

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The Exclusion and Selection criteria Form is based on the exclusion criteria B.5.1. and the selection criteria B.5.2. set out in this invitation to tender.

NB: Do not refer to web-pages. Please provide printed documents.

Document giving evidence of the fulfilment of the exclusion criteria, selection criteria and required administrative documents set out in this invitation to tender

Do you fulfil the Criteria / Have you provided the documentation: Yes/No

Reference number to submitted document

B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIAA declaration shall be drawn up – in original – according to the annexed template (Annex A, Declaration ex article 134(1) of the implementing rules), dated and duly signed by the legal representative of the tenderer.

B.5.2.a. TECHNICAL AND PROFESSIONAL CAPACITY A brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications.An overview of the internal structure of the tenderer, as well as the medical facility proposed of the following:

o business profileo its organisational divisiono Medical facilities (reception, waiting

areas, medical departments) and medical equipment to be used

o Information on the number and speciality of the medical and administrative staff

o Average annual manpower, detailing the number of managerial staff and the pool of experts assigned to the fields of Health services similar to those required in these Tender Specifications over the past 3 (three) years;

o A description of the equipment in use for the performance of all requested examinations

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o Organisational chart of the Medical Centre

A list of the main multinational contracts carried out in the past 3 (three) years covering the same kind and quantity as requested in these Tender Specifications; specifying the value, dates, recipients of the services provided and the tasks performed by the tenderer as well as contact information(please use the table below)Company Value of

contract per year

Contract period

Type of contract and recipients of the services

Tasks preformed by tenderer

Reference person and contact information

Please extend the list if necessaryA document containing the data protection policy applied by the organisation regarding the processing and protection of personal data in the context of such contract;A description of the technical and organisational measures which the organisation has in place or plans to put in place to ensure the security, confidentiality and protection of personal data, including the procedures for the data flow and transmission of information within the organisation and with Eurojust;A description of the procedures in place to ensure the provision of information to the data subjects and the exercise of their rights regarding the personal data processed;Information as to the notification to the competent data protection authority of the country which data protection legislation is

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applied by the organisation.

B.5.2.b. ECONOMIC AND FINANCIAL CAPACITYCopies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two financial years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established;Evidence of professional risks indemnity insurance for the medical services requested. The Financial Capacity Form (Annex H) duly filled in and signed by a legal representative of the tenderer or its auditors;

B.5.2.c. LEGAL CAPACITYA certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.A Company proof of enrolment in a relevant professional register (such as for example Stichting Beheer Certificatieregeling Arbodiensten, SBCA or equivalent) showing that the tenderer is compliant with the Dutch legislation on establishment and operation of a medical unit.

N.B. All of the listed requirements above have to be fulfilled in order to continue on to the next phase.

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Yours faithfully

<Signature of authorized representative>Name and position of authorized representative

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Annex B.2 – Exclusion and selection criteria form Lot 2 - Occupational Health and Safety Risk Assessment

Exclusion and selection criteria form


The Exclusion and Selection criteria Form is based on the exclusion criteria B.5.1. and the selection criteria B.5.3. set out in this invitation to tender.


Document giving evidence of the fulfilment of the exclusion criteria, selection criteria and required administrative documents set out in this invitation to tender

Do you fulfil the Criteria / Have you provided the documentation: Yes/No


B.5.1. ELIGIBILITY TO TENDER: EXCLUSION CRITERIAA declaration shall be drawn up – in original – according to the annexed template (Annex A, Declaration ex article 134(1) of the implementing rules), dated and duly signed by the legal representative of the tenderer.

B.5.3.a. TECHNICAL AND PROFESSIONAL CAPACITY A brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications and a detailed description of the internal structure of the tenderer.A list of at least 3 H&S risk assessments (to be inserted in the table below) that fall within the scope area of Health and Safety risk assessment for the Services Sector and of similar value, an international organisation within the European Union of similar size. The tenderer shall specify the value, dates of the H&S risk assessments, names and contact details of clients and the main services provided by the tenderer.Company Value of H&S

risk assessments

Period services were preformed

Main tasks preformed by tenderer

Reference person and contact

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information

The CV of the proposed Team Leader who will be assigned to this contract and supervise Health and safety risk assessments.

B.5.3.b. ECONOMIC AND FINANCIAL CAPACITYCopies of the balance sheets and economic outturn (profit & loss) statements covering at least the last two financial years for which accounts have been closed where publication of them is required under the company law of the country in which the economic operator is established. These documents must be produced and/or certified by certified auditors or similar operators or as required by the law of the country where the economic operator is established;The Financial Capacity Form (Annex H) duly filled in and signed by a legal representative of the tenderer or its auditors;

B.5.3.c. LEGAL CAPACITYA certificate of registration in the relevant trade or professional registers in the country of establishment/incorporation. If the tenderer is not required or allowed to register in such a register for reasons related to its statute or legal status, Eurojust shall accept, as satisfactory evidence, a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register;A valid certificate, issued by the nationally appointed authority, proving that the tenderer is compliant with the European or national legislation on providing consultancy service regarding of Health and safety risk assessments in the Services Sector.

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N.B. All of the listed requirements above have to be fulfilled in order to continue on to the next phase.

Yours faithfully<Signature of authorized representative>Name and position of authorized representative

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Annex C.1 - Technical Proposal Form - Lot 1 - Occupational health services

Technical Proposal Form


The Technical Proposal Form is based on all of the mandatory technical requirements stated in Section B.1.2. Technical proposals should demonstrate an understanding of the services required by Eurojust. It should elaborate on the organisation and methodology and address all points described in the Technical Specifications in order to score as many points against the technical award criteria as possible. The mere repetition of mandatory requirements set out in the Technical Specifications, without going into detail or without giving any added value, will only result in a very low score in the next stage.


Requirements:

Do you fulfil the requirements / Have you provided the documentation: Yes/No

Reference number to submitted document (See Section B.6.1)

B.1.2.1. CORE SERVICES TO BE PROVIDED AND THEIR REQUIREMENTS B.1.2.1.a. Pre-employment medical examination of Successful candidatesB.1.2.1.b. Annual medical check-up of Eurojust staff membersB.1.2.1.c. Medical examination of Eurojust staff members at the request of Eurojust and related medical advice:

I. Medical examinationII. Medical advice

B.1.2.1.d. Sick leave registration, medical certificates, follow-up, consultation, analysis and

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statistics:

I. Sick leave registration II. Questionnaire (“ZIF“ form)III. Sick leave follow-up IV. Medical certificates V. Sick leave analysis and statistics

B.1.2.1.e. Mental Health servicesB.1.2.1.f. ErgonomicsB.1.2.1.g. Administrative requirementsB.1.2.1.h. Extra servicesFlu vaccinationsB.1.2.2. OPTIONAL SERVICESOptional Services- Prevention- Training- Preventive Health CampaignsB.1.2.3. OTHER REQUIREMENTS RELATED TO SERVICES- Requirements for staff members- Requirements for operators- Requirements for account manager and the

administrative staff assigned to assist Eurojust

N.B. Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, and the fulfilment of the mandatory technical requirements, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender.

The following award criteria will be applied: Quality of sick leave absences procedure Tenderer should provide Eurojust with a detailed description to the tenderers approach and compliance with the requirements specified in these tender specifications regarding the set up and maintenance of the sick leave absences procedures.

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Quality of the services Tenderer should provide Eurojust with a detailed description to the tenderers approach and compliance with the requirements specified in these tender specifications excluding the Quality of sick leave absences procedure as this is assessed in other categories.

Pro active approach The tenderer will be assessed on his ability to describe the pro-active work that can be carried out. Eurojust shall assess the quality and suitability of the proposed services as well as the comprehensiveness and clarity of the description and transparency of the process.

Understanding and capacity to adjust to Eurojust needs and Customer service approach How the tenderer understands the international and multicultural professional environmental context and how he will identify Eurojust needs and the capacity to adapt to such an environment.

N.B. Please see section B.6.1. QUALITATIVE AWARD CRITERIA EVALUATION for a more detailed description and scoring of the criteria.

Yours faithfully


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Annex C.2 - Technical Proposal Form - Lot 2 - Occupational Health and Safety Risk Assessment

Technical Proposal Form


The Technical Proposal Form is based on all of the mandatory technical requirements stated in Section B.1.3. Technical proposals should demonstrate an understanding of the services required by Eurojust. It should elaborate on the organisation and methodology and address all points described in the Technical Specifications in order to score as many points against the technical award criteria as possible. The mere repetition of mandatory requirements set out in the Technical Specifications, without going into detail or without giving any added value, will only result in a very low score in the next stage.


Requirements:

Do you fulfil the requirements / Have you provided the documentation: Yes/No


B.1.3.1. CORE SERVICES TO BE PROVIDED AND THEIR REQUIREMENTS B.1.3.1.a Occupational Health and Safety Risk Assessment

I. Structure of the risk assessmentII. Steps that must be taken to perform

the risk assessmentIII. Methodology IV. Risk factors and observation methods V. General conditions for Health and

Safety Risk AssessmentVI. Documentation and reporting

B.1.3.1.b. Administrative requirements

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B.1.3.2 OPTIONAL SERVICESiv. Preventive workv. videos on fire & safety risks and prevention vi. Organizing trainings

B.1.3.3. OTHER REQUIREMENTS RELATED TO SERVICESSenior level consultantsJunior level consultants

N.B. Once you have proved your eligibility to tender on the grounds of the exclusion criteria and have demonstrated the appropriate capacity to perform the contract on grounds of selection criteria, and the fulfilment of the mandatory technical requirements, your tender will be assessed on the basis of the award criteria, which serve to identify the most economically advantageous tender.

The following award criteria will be applied:

Health and Safety Project plan The tenderer shall provide an overview of all the tasks to be carried out, specifying deliverables for each stage of the project with specific timeframe, organization of the activities with details on the sequence in which the tasks will be performed, how the expert (s) will be selected, deployed and replaced (organizational structure, roles and responsibilities).

Health and Safety Risk Assessment methodology The offer will be assessed based on the quality and relevance of the methodology and the tools used for assessing each risk factor and all the tasks performed under this contract.

Communication with Eurojust The tenderer shall describe how they will ensure a smooth and effective communication with Eurojust by describing how they will prepare meetings with Eurojust to plan the activities, use of resources, and how they will present the interim and final reports of the data related to the assessments

Monitoring contract performance The tenderer shall describe how they will control the project according to the defined Eurojust’s requirements.

Understanding and adaptability to Eurojust’s needs

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The tenderer shall describe by giving 2 examples on how they are aiming to incorporate in their methodology cultural considerations and behaviours towards health and safety. The tenderer shall explain how these will be reflected in their evaluation reports and how their approach will be adapted to such a multicultural environment.

N.B. Please see section B.7.1. QUALITATIVE AWARD CRITERIA EVALUATION for a more detailed description and scoring of the criteria.

Yours faithfully


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Annex D.1 - Pricing Form Lot 1 - Occupational health services

Please see Excel document Annex D – Pricing form

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Annex D.2 - Pricing Form Lot 2 - Occupational Health and Safety Risk Assessment

Please see Excel document Annex D – Pricing form

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Annex E – Standard package of medical tests and exams for Pre-employment medical examination and Annual medical check-up

I Pre-employment medical examination

Goal: Fitness for appointed job;Requirements: depending on the Terms of Reference (ToR); Questionnaire: as described below and dependent on the requirements of

the job;Physical Check-Up: as described below and dependent on the requirements of

the job;Tests as described below and dependent on the requirements of the job;Conclusion: Fit/Not Fit/ Fit with restrictions

According to article 33 of the Staff Regulations the purpose of the Pre-employment Medical Examination is assessing fitness for fulfilling the appointed job. For this the Terms of Reference will be made available, especially the ToRs of employees with specific tasks (driving, security/ emergency, frequent travelling) besides the regular office jobs. For these specific tasks international accepted medical guidelines to assess fitness will be needed to be applied.

Procedures in a particular programme must meet, clearly and demonstrably, four criteria of worth or value: need, relevance, scientific validity and effectiveness.

Questionnaires, medical history and the physical examination are recommended as the basis for the Pre-Employment Medical Examinations and to collect the information for statistical data to follow trends and take preventive measures if needed.

Fitness Assessment:When the results of workers' health surveillance are used for assessing the fitness of the worker for a specific job or type of work, the principles below should be followed:

within an occupational health perspective, there is no such thing as fitness for employment in general;

fitness can be defined only in terms of a particular job or type of work; fitness reflects the relationship between the demands of the specific

work and the abilities of the worker; fitness for employment should be viewed in the light of the interactions

between fitness, ergonomics, functional and vocational rehabilitation.

According to the International Labour Organisation (ILO) the Pre-employment Examinations should be adapted to the requirements of the job and therefore a

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health assessment by questionnaire may suffice for most jobs. The request of the Eurojust is to maintain the physical examination and additional tests as for the Annual Medical Examination.The examinations consist of:

Questionnaires about Health and Work Perception Physical Examination Organic functional tests of eyes, ears, lungs or heart Lab tests

Questionnaire:

Pre-employment Medical Examination Questionnaire

According to the ILO, Pre-employment Examinations should be adapted to the type of work, vocational fitness criteria and workplace hazards.Therefore information about the job (ToR) will be made available to the performing occupational health physician in advance.

As long as other occupational health data are not available the questionnaire, physical examination and tests should be focussed on prevention and early signs & symptoms of the most common medical diseases as known from literature and research. Main reasons for sick leave in office environment are psycho-social and loco-motoric reasons. Main reasons for disease burden and death in the World Health Organisation (WHO), European Region are cardiovascular, neuro-psychiatric diseases and cancer. After evaluation of the results in statistical data in combination of the Risk Assessment this could be fine tuned and specified for the risks resulting from the Risk Assessment.

Physical Examination:

The physical examination exists of the measuring the length, weight, blood pressure, pulse, assessment of mobility and posture. The examination can be extended if there are specific requirements according to the Terms of Reference of the job.

Organic functional tests of eyes, ears, lungs or heart and lab tests:

Lab tests: Sedimentation rate, Full blood count, Lipid profile, Glucose (if abnormal HbA1c), creatinine and gamma GT, ALAT; Urine dipstick for glucose and protein;

Vision test at distance 40 cm, 60 cm and at 5 meters according to EU directives and NVAB (Nederlandse Vereniging va Audicien Bedrijven) Guidelines for all those working more than 2 hours /day with a PC;

Hearing test: whisper test or audiometric test; Electrocardiogram for 40 years and older or earlier or more frequent on

medical indication; - Lung function test for smokers, employees suffering of shortness of

breath, diagnosed asthma or COPD.

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II Annual medical examinationGoal: 1) Fitness assessment for current job;

2) Preventative, early signs and symptoms work relates issues screening focused on the most common diseases in white collar organisations Mental and Loco-motoric diseases;

3) Preventative, early signs and symptoms general healthy screening focussed on the most common diseases top 3 Cardio-Vascular Disease, Cancer and Mental diseases.Requirements: depending on ToR or any changes from previous ToRQuestionnaire focussed on assessing fitness of the current job, general health and work-related issues with the possibility to perform statistics based on the results.Physical Check-up as described below and depending on the specific requirements of the job.Tests as described below and depending on the specific requirements of the job.Conclusion: Fit/Not Fit/ Fit with restrictions; Work related/possibly work related/not work related.

Individual and collective advice based on collected data.

Procedures in a particular programme must meet, clearly and demonstrably, four criteria of worth or value: need, relevance, scientific validity and effectiveness.

Questionnaires, medical history and the physical examination are recommended as the basis for the Pre-Employment Medical Examinations and to collect the information for statistical data to follow trends and take preventive measures if needed.

Fitness Assessment:When the results of workers' health surveillance are used for assessing the fitness of the worker for a specific job or type of work, the principles below should be followed:

within an occupational health perspective, there is no such thing as fitness for employment in general;

fitness can be defined only in terms of a particular job or type of work; fitness reflects the relationship between the demands of the specific

work and the abilities of the worker; fitness for employment should be viewed in the light of the interactions

between fitness, ergonomics, functional and vocational rehabilitation.

According to the ILO the Pre-employment Examinations should be adapted to the requirements of the job and therefore a health assessment by questionnaire may suffice for most jobs. The request of the Eurojust is to maintain the physical examination and additional tests as for the Annual Medical Examination.

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The examinations consist of: Questionnaires about Health and Work Perception Physical Examination Organic functional tests of eyes, ears, lungs or heart Lab tests

Questionnaire:

Annual Medical Examination QuestionnaireIn the frame of the goals as described under Pre-employment medical examination a ToR will be provided in advance to be able to assess fitness for the current job. And to focus in the questionnaire of the Annual Medical Examination on the most common serious diseases for general health and the most common reasons of sick leave.

Physical Examination:

The physical examination exists of the measuring the length, weight, blood pressure, pulse, assessment of mobility and posture. The examination can be extended if there are specific requirements according to the Terms of Reference of the job.

Organic functional tests of eyes, ears, lungs or heart and lab tests:

Lab tests: Sedimentation rate, Full blood count, Lipid profile, Glucose (if abnormal HbA1c), creatinine and gamma GT, ALAT; Urine dipstick for glucose and protein;

Vision test at distance 40 cm, 60 cm and at 5 meters according to EU directives and NVAB Guidelines for all those working more than 2 hours /day with a PC;

Hearing test: whisper test or audiometric test; Electrocardiogram for 40 years and older or earlier or more frequent on

medical indication; Lung function test for smokers, employees suffering of shortness of

breath, diagnosed asthma or COPD.

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Annex F – Non-exclusive list of risk factors regarding Health and Safety risk assessment

Risk factors at Eurojust premises shall be investigated (workplaces, technical and common areas) in a quantitative and/or qualitative manner with mandatory visual inspections as well as with other investigations methods. In this annex the tenderer will find a list of non-exhaustive risks as well as observation methods that shall be addressed.

After each specific Health and Safety risk assessment each of the risk factor findings shall be communicated to the Fire and Safety Officer in a report specifying:

Assessing methodology; specified the investigation methods applied; investigation methods; legal requirements/standards/guidelines conformity/non conformity

used; necessary measures (preventive and protective) to safeguard health and

safety population.

RISK FACTORS OBSERVATION METHODSINTERVIEW TOOLS AND METHODS9

Workplaces air-conditioning, microclimate (control of temperature/humidity/ventilation) and indoor pollution

To be conducted with Fire and Safety Officer (F&S O) and Facility Management (FM) representatives

- A10;- B 11;- C12.

Ergonomics’ workplaces, natural and artificial lightning, furniture.

To be conducted with FM, F&S O and Human Relations (HR) representatives

- A ;- B;- C

Hygiene in workplaces, common areas, canteens, sanitary equipment and restrooms.

To be conducted with F&S O and FM representatives

- A;- B;- C.

Chemical agents, presence of pollutants.

To be conducted with F&S O

- A;- B;- C.

Biological agents (micro- To be conducted with - A;

9 This is a non exhaustive list of measuring tools and investigation methods, the specified ones are the minimum to be taken.10 In-house technical nature and laboratory nature measures. Shall be performed at least the minimum laboratory measures mentioned by law in order to have a quantitative assessment. Eurojust could require for additional specific laboratory tests. 11 Technical documentation (conformity, logbooks) check12 Inspections according to the applicable regulations

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organism e.g. legionella dispersed from wet cooling towers, unintentional exposure to micro-organisms, exo and endo-toxins, coming for example from water, kitchenette, coffee machines pipelines).

F&S O and FM representatives

- B;- C.

Electrical risks and installations

To be conducted with FM representatives and F&S O

- D 13;- B;- C.

Machineries and tools To be conducted with FM and F&S O

- E14;- B;- C.

Physical workload, manual handling of weights, repetitive movements.

To be conducted with FM representatives and F&S O

- C15.

Transport devices, tools. To be conducted with FM representatives and F&S O.

- E;- B;- C.

Noise To be conducted with F&S O and FM representatives

- D;- B;- C.

Vibrations To be conducted with F&S O and FM representatives.

- D;- B;- C.

Gas, combustible pipelines and distribution devices. Thermal plants

To be conducted with FM representatives and F&S O.

- D;- B;- C.

Pressurized devices To be conducted with FM representatives and F&S O.

- F16.

Roof access, working at height systems and equipment.

To be conducted FM representatives and F&S O.

- D;- B;- C.

Fire risk (detection and fighting) and explosion risks.

To be conducted with F&S O.

- A;- B;- C.

Emergency doorways, routes and exits.


- B;- C.

Explosive atmospheres (ATEX) presence.


- D;- B;- C.

Storage and materials stored.


- D;- B;- C.

Technical areas (generator room, UPS room, main electricity room, etc).


- D;- B;- C.

13 In-house technical nature measures14 Technical nature measures15 Inspections according to the applicable regulations16 Inspection of relevant certifications and logbooks according to the applicable regulations

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External and internal transit areas, movement of pedestrians and vehicles. Fixed stairs.

To be conducted with FM representatives and F&S O.

- D;- C.

Electromagnetic radiation (heat, light, x-ray, ionizing radiation) and laser.

To be conducted with F&S O and FM representatives.

- D;- C.

X-ray radiation To be conducted with F&S O and Security representatives.

- D;- B;- C.

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Annex G – Tenderers’ Administrative Data Form

TENDERERS’ ADMINISTRATIVE DATA FORM

Tenderer Name

Address

Post Code

Tel.

Fax

E-mail

Web Site (if applicable)

Legal Status of the tenderer

Statutory registration number

VAT registration number

Name and contact details of the Contact Person for this tender:Name of the person:

Function:

e-mail address:

Telephone:

Fax:

Name and contact details of the Contact Person for this Contract (in case it is awarded to you):Name of the person:

Function:

e-mail address:

Telephone:

Fax:

Name and title of the Legal Signatory(ies) of the contract

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Name(s) and title(s)

Name of bank

Address of branch in full

Exact designation of account holder

Full account number

IBAN code

SWIFT code

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Annex H - Financial Capacity Form

Please see Excel document Annex H - Financial Capacity Form

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Annex I – Financial Identification Form

Financial Identification Form is to be downloaded, depending on the nationality of the tenderer, from the following website:

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

The Financial Identification Form is to be completed and signed by an authorised representative of the tenderer (with indication of name and function), but not by subcontractors.

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Annex J – Legal Entities Form

Legal Entities Form to be downloaded, depending on the nationality and legal status of the tenderer, from the following website:

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

Legal Entities Form is to be completed and signed by a representative of the tenderer (name and function) authorised to sign contracts with third parties. It should not be signed by sub-contractors.

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Annex K - Statement on the Acceptance on Eurojust Model Contract

Statement on the Acceptance of Eurojust Model Contract

(To be duly filled–in/ completed and signed by the tenderer)

The undersigned: …………………………………………………………………….....................,

Representing (name of the tenderer).......................................................

Hereby declares that the tenderer has examined and accepts in full the content of the dossier for invitation to tender No 2012/EJ/75. The tenderer hereby accepts the provisions set in the model contract in their entirety, without reservation or restriction.

<Signature of authorised representative>Name and position of authorised representativeDate

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Annex L - Model Contract

FRAMEWORK SERVICE CONTRACTCONTRACT NUMBER – 2012/EJ/…/75/LOT 1 or LOT 2 (delete as applicable)

The Eurojust, represented for the purposes of the signature of this contract by Klaus Rackwitz, Administrative Director,

of the one part,

and

[official name in full][official legal form][statutory registration number][official address in full][VAT registration number]

(hereinafter referred to as "the Contractor"), represented for the purposes of the signature of this contract by [forename, surname and function,]

The parties identified above and hereinafter collectively referred to as ‘the Contractor’ shall be jointly and severally liable vis-à-vis Eurojust for the performance of this contract.

of the other part,

HAVE AGREEDthe Special Conditions and the following Annexes and Specific Contract:

Annex I Model Order Form / Model Specific Contract

Annex II Tender Specifications (Invitation to Tender 2012/EJ/75) without its Annexes [Model Contract; blank forms: Administrative Data Form, Financial Capacity form, Financial Identification Form, Legal Entities Form], including clarifications before the deadline for submission of tenders

Annex III Contractor's technical and financial proposal (No [complete] of 2012/EJ/75) including clarifications from the tenderer provided during tender evaluation

Annex IV Financial Identification Form and Legal Entity Form

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Annex V Instructions, Terms and Conditions for Companies Performing Services at the Premises of the International Criminal Court and Eurojust

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

- The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract.

- The terms set out in the General Conditions shall take precedence over those in the model order form and model specific contract (Annex I)

- The terms set out in the model order form and model specific contract (Annex I) shall take precedence over those in the other Annexes.

- The terms set out in the Tender Specifications (Annex II) shall take precedence over those in the Tender (Annex III).

- The terms set out in the Contract shall take precedence over those in the order forms and specific contracts.

- The terms set out in the specific contracts shall take precedence over those in the Requests for Services.

- The terms set out in the Requests for Services shall take precedence over those in the specific tenders.

Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by Eurojust, subject to the rights of the Contractor under Article I.7 should he dispute any such instruction.

The Contract is drawn up in duplicate in English.

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Table of ContentsI – SPECIAL CONDITIONSARTICLE I.1 - SUBJECTARTICLE I.2 - DURATIONARTICLE I.3 – CONTRACT PRICESARTICLE I.4 – PAYMENTS AND IMPLEMENTATION OF THE CONTRACTARTICLE I.5 – BANK ACCOUNTARTICLE I.6 – GENERAL ADMINISTRATIVE PROVISIONSARTICLE I.7 – APPLICABLE LAW AND SETTLEMENT OF DISPUTESARTICLE I.8 – DATA PROTECTIONARTICLE I.9 - USE OF THE RESULTSARTICLE I.10 – TERMINATION BY EITHER CONTRACTING PARTYARTICLE I.11– CONTRACT CONCLUDED DURING STANDSTILL PERIOD

II – GENERAL CONDITIONS FOR SERVICE FRAMEWORK CONTRACTS

ARTICLE II. 1 – PERFORMANCE OF THE CONTRACTARTICLE II. 2 – LIABILITYARTICLE II. 3 - CONFLICT OF INTERESTSARTICLE II. 4 – CONFIDENTIALITYARTICLE II.5 - DATA PROTECTIONARTICLE II. 6 – SUBCONTRACTINGARTICLE II. 7 – AMENDMENTSARTICLE II. 8 – ASSIGNMENTARTICLE II.9 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION ABOUT THE CONTRACTARTICLE II. 10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTYARTICLE II. 11 – FORCE MAJEUREARTICLE II. 12 – LIQUIDATED DAMAGESARTICLE II. 13 – SUSPENSION OF THE CONTRACTARTICLE II. 14 – TERMINATION BY EUROJUSTARTICLE II.14A – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD ATTRIBUTABLE TO THE CONTRACTORARTICLE II. 15 – INVOICING AND PAYMENTSARTICLE II. 16 – GENERAL PROVISIONS CONCERNING PAYMENTSARTICLE II. 17 – TAXATIONARTICLE II. 18 - REIMBURSEMENTSARTICLE II. 19 – RECOVERYArticle II. 20 – CHECKS AND AUDITS

I – SPECIAL CONDITIONS

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ARTICLE I.1 - SUBJECT I.1.1 This framework contract defines the terms under which the Contractor

undertakes the supply (delete as applicable)[Lot 1 - Occupational health services (delete as applicable)

1. Pre-employment medical examination of Successful candidates2. Annual medical check-up of Eurojust staff members3. Medical examination of Eurojust staff members at the request of Eurojust

and related medical advice 4. Sick leave registration, medical certificates, follow-up, consultation,

analysis and statistics 5. Mental Health services 6. Ergonomics 7. Administrative requirements8. Extra services9. Optional services]

[Lot 2 – Occupational Health and Safety Risk Assessment (delete as applicable)

1. Occupational Health and Safety Risk Assessment2. Administrative requirements3. Extra services]

The subject is specified more in detail in the tender specifications 2012/EJ/75, Provision of occupational health and safety services to Eurojust.I.1.2 Signature of the Contract imposes no obligation on Eurojust to purchase.

Only implementation of the Contract through order forms and specific contracts is binding on Eurojust.

I.1.3 Once implementation of the Contract has commenced, the Contractor shall provide the services in accordance with all terms and conditions of the Contract.

ARTICLE I.2 - DURATION I.2.1 The Contract shall enter into force on the date on which it is signed by

the last contracting party.I.2.2 Under no circumstances may implementation commence before the date

on which the Contract enters into force. Execution of the tasks may under no circumstances begin before the date on which the order form or specific contract enters into force.

I.2.3 The Contract is concluded for a period of two years with effect from the date on which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated.

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I.2.4 The order forms or specific contracts shall be returned signed before the Contract to which they refer expires.The Contract shall continue to apply to such order forms and specific contracts after its expiry. They shall be executed no later than six (6) months from the date of expiry of the Contract.

I.2.5 Contract renewalThe Contract shall be renewed automatically up to two (2) times under the same conditions, unless written notification to the contrary is sent by one of the contracting parties and received by the other at least three (3) months before expiry of the contract. Renewal does not imply any modification or deferment of existing obligations.

ARTICLE I.3 – CONTRACT PRICES I.3.1 The maximum amount of the Contract shall be

Lot 1 - Occupational health services 500.000 Euro (Five hundred thousand Euro (delete as applicable)Lot 2 – Occupational Health and Safety Risk Assessment 250.000 Euro (Two hundred and fifty thousand Euro) (delete as applicable)The maximum prices of the services shall be as listed in Annex II. The price indicated in the specific contract or order form covers any fees payable to the Contractor in relation to the vesting of rights in the Union and where applicable the transfer of rights to the Union and any use of the results by Eurojust.

I.3.2 Prices shall be expressed in EUR.I.3.3 Price revision

Prices shall be fixed and not subject to revision for implementation during the first year of duration of the Contract.At the beginning of the second and every following year of the Contract, each price may be revised upwards or downwards, if such revision is requested by one of the contracting parties by registered letter no later than three months before the anniversary of the date on which it was signed. Eurojust shall purchase on the basis of the prices in force on the date on which order forms or specific contracts are signed. Such prices shall not be subject to revision.This revision shall be determined by the trend in the harmonised indices of consumer prices (HICP) MUICP published for the first time by the Publications Office of the Eurojust in the Eurostat monthly 'Data in Focus' publication at http://www.ec.europa.eu/eurostat/.Revision shall be calculated in accordance with the following formula:

IrPr = Po (— ) Io

2012/EJ/75 93

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



where:Pr = revised price;Po = price in the original tender;Io = index for the month corresponding to the final date for

submission of tenders;Ir = index for the month corresponding to the date of receipt of the

letter requesting a revision of prices. I.3.4. Reimbursement of expenses

In addition to the total price specified in each order form or specific contract, no travel, no subsistence and no shipment expenses shall be reimbursed in accordance with Article II.18.

I.3.5 Prices will be negotiated and agreed on a case-by-case basis via an amendment to the Contract for additional services or services which are not included in the Contractor's technical and financial proposal (Annex II) but which fall within the scope of the Tender Specifications (Annex I).

ARTICLE I.4 – PAYMENTS AND IMPLEMENTATION OF THE CONTRACT I.4.1 Single framework contractWithin ten (10) working days of an order form or a request for services being sent by Eurojust to the Contractor, Eurojust shall receive the completed order form or a specific tender back, duly signed and dated. Within ten (10) working days of a specific contract being sent by Eurojust to the Contractor, Eurojust shall receive it back, duly signed and dated.The period allowed for the execution of the tasks shall start to run on the date the Contractor signs the order form, unless a different date is indicated on the form/ specific contract.

I.4.2 Interim paymentDuring performance of the Contract, the Contractor may submit a request for interim payment for one or more Orders/Specific Contract(s), stating in writing the reasons for such a request. Such requests shall not be submitted more often than every three months. Upon reception of the request, Eurojust will decide whether or not authorizing in principle the interim payment.If Eurojust authorizes the interim payment, the Contractor shall submit an admissible invoice, indicating the reference number of the Contract and of the order form or specific contract to which it refers.If applicable, the invoices for interim payment shall be admissible if accompanied by a progress report in accordance with the instructions laid down in the relevant specific contract.

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Eurojust shall have forty-five days from receipt to approve or reject the progress report, and the Contractor shall have ten days in which to submit additional information or a new progress report.Provided the progress report has been approved, Eurojust shall have thirty days from the date of receipt of the relevant invoice to pay an interim payment.

I.4.3 Payment of the balanceWithin sixty days of completion of the tasks referred to in each order form or specific contract, the Contractor shall submit an admissible invoice, indicating the reference number of the Contract and of the order form or specific contract to which it refers, for payment of the balance.If applicable, the invoices for interim payment shall be admissible if accompanied by the report in accordance with the instructions laid down in the relevant specific contract.Eurojust shall have forty-five days from receipt to approve or reject the final progress report, and the Contractor shall have ten days in which to submit additional information or a new final progress report.Provided the final progress report has been approved, Eurojust shall have thirty days from the date of receipt of the relevant invoice to pay the balance.

ARTICLE I.5 – BANK ACCOUNT Payments shall be made to the Contractor’s bank account denominated in euro17, identified in the Financial Identification Form (Annex IV):Name of bank:Address of branch in full:Exact designation of account holder: Full account number: IBAN code:

ARTICLE I.6 – GENERAL ADMINISTRATIVE PROVISIONS Any communication relating to the Contract or to its implementation shall be made in writing in paper or electronic format and shall bear the Contract and order form or specific contract numbers. Ordinary mail shall be deemed to have been received by Eurojust on the date on which it is registered by the department responsible indicated below. Electronic communication must be confirmed by paper communication when requested by any of the parties. The parties agree that paper communication can be replaced by electronic communication with electronic signature. Communications shall be sent to the following addresses:

For Eurojust:

17 Or local currency where the receiving country does not allow transactions in EUR.

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Correspondence (other than invoices) shall be sent to:

EurojustAttn: name of contact personP.O. Box 161832500 BD The Netherlands

Invoices shall be sent to:

EurojustBudget, Finance & Procurement UnitP.O. Box 161832500 BD The Netherlands

For the Contractor:

Mr/Mrs/Ms [complete][Function][Company name][Official address in full]

ARTICLE I.7 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.7.1 The Contract shall be governed by Union law, complemented, where

necessary, by the national substantive law of the Kingdom of the Netherlands.

I.7.2 Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of before the courts of The Hague, Kingdom of the Netherlands.

ARTICLE I.8 – DATA PROTECTION Any personal data included in the Contract shall be processed by Eurojust pursuant to Eurojust rules of procedure on the processing and protection of personal data (2004) and, where relevant, the Eurojust additional data protection rules (2006). Such data shall be processed solely for the purposes of the performance, management and monitoring of the Contract by Eurojust acting as data controller without prejudice to possible transmission to the bodies charged with monitoring or inspection task in application of Union law.

ARTICLE I.9 - USE OF THE RESULTS Not applicable

ARTICLE I.10 – TERMINATION BY EITHER CONTRACTING PARTY Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving three (3) months formal prior notice. Should Eurojust terminate the Contract, the Contractor shall only

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be entitled to payment corresponding to the part-performance of the services ordered before the termination date. Article II.14.4 applies accordingly.

ARTICLE I.11– CONTRACT CONCLUDED DURING STANDSTILL PERIOD In case this Contract was signed by both Eurojust and the Contractor before the expiry of 14 calendar days [from the day after simultaneous dispatch of information about the award decisions and decisions to reject], this Contract shall be null and void.This article is not applicable for contracts not covered by Directive 2004/18/EC and in cases indicated in Article 158a (2) of the rules for the implementation of the Financial Regulation (Regulation No 2342/2002).

ANNEX I

II – GENERAL CONDITIONS FOR SERVICE FRAMEWORK CONTRACTS

ARTICLE II. 1 – PERFORMANCE OF THE CONTRACT II.1.1 The Contractor shall perform the Contract to the highest professional

standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

II.1.3 Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract.

II.1.4 The Contractor must ensure that any staff performing the Contract has the professional qualifications and experience required for the execution of the tasks assigned to him.

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

II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks assigned to him.The Contractor shall make provision for the following employment or service relationships with his staff: staff executing the tasks assigned to the Contractor may not be

given orders direct by Eurojust; Eurojust may not under any circumstances be considered to be

the staff's employer and the said staff shall undertake not to invoke in respect of Eurojust any right arising from the contractual relationship between Eurojust and the Contractor.

II.1.7 In the event of disruption resulting from the action of a member of the Contractor's staff working on Eurojust premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. Eurojust shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff.

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

II.1.9 Should the Contractor fail to perform his obligations under the Contract, Eurojust may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, Eurojust may claim compensation or impose liquidated damages provided for in Article II.12.

ARTICLE II. 2 – LIABILITY II.2.1 Eurojust shall not be liable for damage sustained by the Contractor in

performance of the Contract except in the event of wilful misconduct or gross negligence on the part of Eurojust.

II.2.2 The Contractor shall be liable for any loss or damage sustained by Eurojust in performance of the Contract, including in the event of

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subcontracting under Article II.6 but only up to three times the total amount of the Contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the Contractor or by its employees, the Contractor shall remain liable without any limitation as to the amount of the damage or loss.

II.2.3 The Contractor shall provide compensation in the event of any action, claim or proceeding brought against Eurojust by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4 In the event of any action brought by a third party against Eurojust in connection with performance of the Contract, the Contractor shall assist Eurojust. Expenditure incurred by the Contractor to this end may be borne by Eurojust.

II.2.5 The Contractor shall take out insurance against risks and damage relating to performance of the Contract if required by the relevant applicable legislation. He shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to Eurojust should it so request.

ARTICLE II. 3 - CONFLICT OF INTERESTS II.3.1 The Contractor shall take all necessary measures to prevent any

situation that could compromise the impartial and objective performance of the Contract. Such conflict of interests could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to Eurojust in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.Eurojust reserves the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, within a time limit which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to conflict of interests. Without prejudice to Article II.1 the Contractor shall replace, immediately and without compensation from Eurojust, any member of his staff exposed to such a situation.

II.3.2 The Contractor shall abstain from any contact likely to compromise his independence.

II.3.3 The Contractor declares: that he has not made and will not make any offer of any type

whatsoever from which an unjustified advantage can be derived under the Contract,

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that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to performance of the Contract.

II.3.4 The Contractor shall pass on all the relevant obligations in writing to his staff, board, and directors as well as to third parties involved in performance of the Contract.

ARTICLE II. 4 – CONFIDENTIALITY II.4.1. The Contractor undertakes to treat in the strictest confidence and

not make use of or divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

II.4.2. The Contractor shall obtain from each member of his staff, board and directors an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

ARTICLE II.5 - DATA PROTECTION II.5.1 The Contractor shall have the right of access to his/her personal data

and the right to rectify any such data. Should the Contractor have any queries concerning the processing of his/her personal data, s/he shall address them to Eurojust through its Data Protection Officer.

II.5.2 The contractor shall ensure that the processing of personal data in the context of this contract is to be carried out in full compliance with the data protection legislation applicable to the contractor’s place of establishment, including appropriate notification of the processing of personal data under this contract to the competent national data protection authority and prior checking by the national data protection authority.

II.5.3 When processing data as controller, the Contractor shall provide, prior to commencing such processing and with regard thereto, Eurojust with proof of:(a) Contractor’s notification to Contractor’s national data protection

authority, in accordance with the provisions of Contractor’s domestic law transposing Articles 18 and 19 of the European Community Directive on Personal Data Protection;

(b) prior checking by Contractor’s national data protection authority, in accordance with the provisions of Contractor’s domestic law transposing Article 20 of the European Community Directive on

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Personal Data Protection, of processing operations likely to present specific risks;

(c) Contractor’s arrangements for providing information to data subjects, in accordance with the provisions of Contractor’s domestic law transposing Articles 10 and 11 of the European Community Directive on Personal Data Protection;

(d) any subsequent amendments to the abovementioned notification, information, and of any subsequent the abovementioned prior checking’s.

II.5.4 In particular, regarding the processing of personal data of Eurojust post holders in the context of this contract, the contractor shall agree and warrant that:(a) Eurojust post holders shall be properly informed at the moment of

collection of their personal data about the conditions of processing of their personal data as well as of the circumstances under which such data may be communicated to any third party;

(b) no other personal data regarding Eurojust post holders shall be collected and/or further processed than that obtained from the data subjects themselves unless when obtaining additional personal data from other sources is strictly necessary for the provision of the services defined in this contract; in such case the data subjects shall be properly informed;

(c) no personal data regarding Eurojust post holders shall be provided to any third party except when this is strictly necessary for the provision of the services defined in this contract; in particular, no personal data shall be communicated to any party outside the European Union unless adequate protection is guaranteed by such party or when such provision of data is legally compulsory or strictly necessary to provide the services, or if third parties are bound to the contractor by contract; in this case the data subject shall be informed in advance;

(d) to deal promptly and properly with all enquiries from Eurojust or the data subjects relating to the processing of their personal data, and to cooperate with the Data Protection Officer of Eurojust.

II.5.5 When processing personal data on behalf of Eurojust acting as processor, in the performance of the Contract, the Contractor shall, in accordance with Article 36 of the Eurojust Data Protection Rules:

(a) act only on instructions from Eurojust; and(b) comply with the obligations set out in Articles 7 and 10 of the

Eurojust Data Protection Rules on the confidentiality and the security of processing unless, by virtue of Article 16 or Article 17(3), second indent, of Directive 95/46/EC, the Contractor is already subject to obligations with regard to confidentiality and security laid down in the national law of one of the Member States. Appropriate technical and organisational measures will be taken by the Contractor for the security of the processing in accordance with Article 7 of the Eurojust Data Protection Rules.

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II.5.6 The Contractor may, upon request, obtain the communication of the Contractor’s personal data and rectify any inaccurate or incomplete personal data. Should the Contractor have any queries concerning the processing of the Contractor’s personal data, the Contractor shall address them to the contact person indicated in Article I.7. As regards the processing of the Contractor’s personal data, the Contractor has a right of recourse at any time to the Eurojust Data Protection Officer and, where appropriate, to the Eurojust Joint Supervisory Body.

ARTICLE II. 6 – SUBCONTRACTING II.6.1 The Contractor shall not subcontract without prior written authorisation

from Eurojust nor cause the Contract to be performed in fact by third parties.

II.6.2 Even where Eurojust authorises the Contractor to subcontract to third parties, he shall none the less remain bound by his obligations to Eurojust under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.6.3 The Contractor shall make sure that the subcontract does not affect rights and guarantees to which Eurojust is entitled by virtue of the Contract, notably Article II.20.

ARTICLE II. 7 – AMENDMENTS Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties before fulfilment of all their contractual obligations. An oral agreement shall not be binding on the contracting parties. An order form or a specific contract may not be deemed to constitute an amendment to the Contract.

ARTICLE II. 8 – ASSIGNMENT II.8.1 The Contractor shall not assign the rights and obligations arising from

the Contract, in whole or in part, without prior written authorisation from Eurojust.

II.8.2 In the absence of such authorisation, or in the event of failure to observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on Eurojust.

ARTICLE II.9 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION ABOUT THE CONTRACTII.9.1 The Contractor shall authorise Eurojust to process, use, distribute and

publish, for whatever purpose, by whatever means and on whatever medium, any data contained in the Contract, in particular the identity of

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the Contractor, the subject matter, the duration and the amount paid. Where personal data is concerned, Article I.8 and II.5 shall apply.

II.9.2 Unless otherwise provided by the Special Conditions, Eurojust shall not be required to distribute or publish documents or information supplied in performance of the Contract. If it decides not to distribute or publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from Eurojust.

II.9.3 Any distribution or publication of information relating to the Contract or use of outcome of the implementation of the Contract and provided as such by the Contractor shall require prior written authorisation from Eurojust and, if so requested, shall mention that it was produced within a contract with Eurojust. It shall state that the opinions expressed are those of the Contractor only and do not represent Eurojust's official position.

II.9.4 The use of information obtained by the Contractor in the course of the Contract for purposes other than its performance shall be forbidden, unless Eurojust has specifically given prior written authorisation to the contrary.

ARTICLE II. 10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTYII.10.1 A result shall be any outcome of the implementation of the Contract

and provided as such by the Contractor. A creator shall be any person who contributed to production of the result. Pre-existing intellectual property rights, sometimes referred to as background technology, are any industrial and intellectual property rights which exist prior to the contract being entered into and include rights of ownership and use of the Contractor, Eurojust and any third parties ("pre-existing rights"). It shall be a material term of the Contract and of the essence of the Contract that Contractors shall be under a duty to provide a list of pre-existing rights at the date of delivery of the final result the latest.

II.10.2 The ownership of all the results or rights thereon as listed in the tender specification and the tender attached to the contract, including copyright and other intellectual or industrial property rights, and all technological solutions and information embodied therein, obtained in performance of the Contract, shall be irrevocably and fully vested to Eurojust, which may use them as described in the Contract. All the rights shall be vested on Eurojust from the moment the results were delivered and accepted by Eurojust. For the avoidance of doubt and where applicable, any such vesting of rights is also deemed to constitute an effective transfer of the rights from the Contractor to the Union.

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The payment of the fee under Article I.3 is deemed to include all forms of use by the Union of the results as set out in Article I.9.The above vesting of rights in the Union under this Contract covers all territories worldwide and is valid for the whole duration of intellectual property rights protection.

II.10.3 Any intermediary sub-result, raw data, intermediary analysis made available to Eurojust by the Contractor cannot be used by Eurojust without written consent of the Contractor, unless the tender specification explicitly provides for it to be treated as self-contained result.

II.10.4 The Contractor retains all right, title and interest in pre-existing rights not fully vested into Eurojust in line with Article I.9.2, and hereby grants Eurojust for the requested period a licence to use the pre-existing rights to the extent necessary to use the delivered results.

II.10.5 The Contractor shall ensure that delivered results are free of rights or claims from third parties including in relation to pre-existing rights, for any use envisaged by Eurojust. This does not concern the moral rights of natural persons and rights referred to in Article II.10.4.

II.10.6 The Contractor shall clearly point out all quotations of existing textual works made by the Contractor. The complete reference should include as appropriate: name of the author, title of the work, date of publishing, date of creation, place of publication, address of publication on internet, number, volume and other information allowing to identify the origin easily.

II.10.7 The Contractor shall clearly indicate all parts to which there are pre-existing rights and all parts of the result originating from external sources: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how etc. (delivered in paper, electronic or other form). For non-textual results or results provided in electronic form only, the description, instruction or information document shall list all parts coming from external sources: IT development tools, routines, subroutines and/or other programs ("background technology"), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin.

II.10.8 If Eurojust so requires, the Contractor shall provide proof of ownership or rights to use all necessary rights to the materials referred to in Article II.10.7.

II.10.9. By delivering the results the Contractor confirms that the creators undertake not to oppose their names being recalled when the results are presented to the public and confirms that the results can be divulged. The Contractor shall possess all relevant agreements of the creator and provide proof by way of documentary evidence.

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II.10.10. By delivering the results the Contractor warrants that the above transfer of rights does not violate any law or infringe any rights of others and that he possesses the relevant rights or powers to execute the transfer. He also warrants that he has paid or has verified payment of all fees including fees to collecting societies, related to the final results.

II.10.11. The Contractor shall indemnify and hold the Union harmless for all damages and cost incurred due to any claim brought by any third party including creators and intermediaries for any alleged breach of any intellectual, industrial or other property right based on Eurojust’s use of the works and in relation to which the Contractor has granted Eurojust user rights.

ARTICLE II. 11 – FORCE MAJEURE II.11.1 Force majeure shall mean any unforeseeable and exceptional

situation or event beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.11.2 Without prejudice to Article II.1.8, if either contracting party is faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.

II.11.3 Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.

II.11.4 The contracting parties shall take the necessary measures to reduce damage to a minimum.

ARTICLE II. 12 – LIQUIDATED DAMAGES Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to Eurojust's right to terminate the Contract, Eurojust may decide to impose liquidated damages per calendar day of delay according to the following formula:

0.3 x (V/d) V is the price of the relevant purchase;d is the duration specified in the relevant order form or specific contract expressed in days

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The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by Eurojust within thirty days of the receipt of such arguments, the decision imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. Eurojust and the Contractor expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations.

ARTICLE II. 13 – SUSPENSION OF THE CONTRACT Without prejudice to Eurojust's right to terminate the Contract, where the Contract is subject to substantial error, irregularity or fraud Eurojust may suspend execution of the Contract, pending order forms or specific contracts or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent, or at a later date where the notification so provides. Eurojust shall as soon as possible give notice to the Contractor to resume the service suspended or inform that it is proceeding with contract termination. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract, of the order forms or specific contracts, or of part thereof.

ARTICLE II. 14 – TERMINATION BY EUROJUST II.14.1 Eurojust may terminate the Contract, a pending order form or a

specific contract in the following circumstances:(a) where the Contractor is being wound up, is having his affairs

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

(b) where the Contractor has 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 he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

(c) where Eurojust has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct;

(d) where Eurojust has evidence or seriously suspects the Contractor or any related entity or person, of fraud, corruption,

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involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;

(e) where Eurojust has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract;

(f) where the Contractor is in breach of his obligations under Article II.3;

(g) where the Contractor was guilty of misrepresentation in supplying the information required by Eurojust as a condition of participation in the Contract procedure or failed to supply this information;

(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in Eurojust’s opinion, have a significant effect on the performance of the Contract;

(i) where execution of the tasks under a pending order form or a specific contract has not actually commenced within fifteen days of the date foreseen, and the new date proposed, if any, is considered unacceptable by Eurojust;

(j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;

(k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations;

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

II.14.2 In case of force majeure, notified in accordance with Article II.11, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.

II.14.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.

II.14.4 Consequences of terminationIn the event of Eurojust terminating the Contract or a pending order form or specific contract in accordance with this article and without prejudice to any other measures provided for in the Contract, the

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Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted service. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date.Eurojust may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.On termination Eurojust may engage any other contractor to execute or complete the services. Eurojust shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees it has under the Contract.

ARTICLE II.14A – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD ATTRIBUTABLE TO THE CONTRACTORWhere, after the award of the Contract, the award procedure or the performance of the Contract prove to have been subject to substantial errors, irregularities or fraud, and where such errors, irregularities or fraud are attributable to the Contractor, Eurojust may refuse to make payments, may recover amounts already paid or may terminate all the contracts concluded with the Contractor, in proportion to the seriousness of the errors, irregularities of fraud.

ARTICLE II. 15 – INVOICING AND PAYMENTS II.15.1 Pre-financing guarantee

Where required by Article I.4 or if the pre-financing is over €150 000 , the Contractor shall provide a financial guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised financial institution (guarantor) to cover pre-financing under the Contract. Such guarantee may be replaced by a joint and several guarantee by a third party.The guarantor shall pay to Eurojust at its request an amount corresponding to payments made by it to the Contractor which have not yet been covered by equivalent service rendered on his part.The guarantor shall stand as first-call guarantor and shall not require Eurojust to have recourse against the principal debtor (the Contractor).The guarantee shall specify that it enters into force at the latest on the date on which the Contractor receives the pre-financing. The guarantee shall be retained until the pre-financing has been cleared against interim payments or payment of the balance to the Contractor. It shall be released the following month or, in the

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absence of such clearing, four months after the issuance of a corresponding debit note. The cost of providing such guarantee shall be borne by the Contractor.

II.15.2 Interim payments and payment of the balancePayments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted.At the end of each of the periods indicated in Annex II the Contractor shall submit to Eurojust an invoice accompanied by the documents provided for in the Special Conditions.If providing a progress report is a condition for payment, on receipt Eurojust shall have the period of time indicated in the Special Conditions in which: to approve it, with or without comments or reservations, or

suspend such period and request additional information; or to reject it and request a new progress report.Approval of the progress report shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information it contains.Where Eurojust requests a new progress report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new progress report shall likewise be subject to the above provisions.

II.15.3. Payment currency and costsPayments are executed in the currency of the contract. Costs of the transfer are borne in the following way: costs of dispatch charged by the bank of Eurojust are borne by

Eurojust, cost of receipt charged by the bank of the Contractor are

borne by the Contractor, all costs of repeated transfer caused by one of the parties are

borne by the party who caused repetition of the transfer.

ARTICLE II. 16 – GENERAL PROVISIONS CONCERNING PAYMENTS II.16.1 Payments shall be deemed to have been made on the date on which

Eurojust's account is debited.II.16.2 The payment periods referred to in Article I.4 may be suspended by

Eurojust at any time if it informs the Contractor that his invoice is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. Eurojust may proceed with further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the invoice is admissible.

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Eurojust shall notify the Contractor accordingly and set out the reasons for the suspension by registered letter with acknowledgment of receipt or equivalent. Suspension shall take effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.

II.16.3 In the event of late payment the Contractor shall be entitled to interest provided the calculated interest exceeds EUR 200. In case interest does not exceed EUR 200, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the Eurojust. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by Eurojust may not be deemed to constitute late payment.

ARTICLE II. 17 – TAXATION II.17.1 The Contractor shall have sole responsibility for compliance with the

tax laws which apply to him. Failure to comply shall make the relevant invoices invalid.

II.17.2 The Contractor recognises that Eurojust is, as a rule, exempt from all taxes and duties, including value added tax (VAT).

II.17.3 The payments shall be made by Eurojust net of VAT. The Contractor shall receive an exemption certificate together with the order/ specific contract. The Contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.17.4 Notwithstanding the above, as direct exemption is not applicable to Eurojust for Contractor(s) subject to Dutch tax legislation, invoices including VAT will be accepted by Eurojust on condition that the Contractor completes all the necessary formalities with the relevant authorities to ensure that the goods and services required for the performance of the Contract are exempt from taxes and duties, including VAT. Such exemption shall fall under the tax refund method.

II.17.5 Invoices presented by the Contractor shall indicate his place of taxation for VAT purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

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ARTICLE II. 18 - REIMBURSEMENTS II.18.1 Where provided by the Special Conditions or by Annex II, Eurojust

shall reimburse the expenses that are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets.

II.18.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the shortest itinerary.

II.18.3 Travel expenses shall be reimbursed as follows:a) travel by air shall be reimbursed up to the maximum cost of an

economy class ticket at the time of the reservation;b) travel by boat or rail shall be reimbursed up to the maximum

cost of a first class ticket;c) travel by car shall be reimbursed at the rate of one first class rail

ticket for the same journey and on the same day;d) travel outside Union territory shall be reimbursed under the

general conditions stated above provided Eurojust has given its prior written agreement.

II.18.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:a) for journeys of less than 200 km (return trip) no subsistence

allowance shall be payable;b) daily subsistence allowance shall be payable only on receipt of a

supporting document proving that the person concerned was present at the place of destination;

c) daily subsistence allowance shall take the form of a flat rate payment to cover all subsistence expenses, including accommodation, meals, local transport, insurance and sundries;

d) daily subsistence allowance, where applicable, shall be reimbursed at the rate specified in Article I.3.

II.18.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed provided Eurojust has given prior written authorisation.

II.18.6. Conversion between the euro and another currency shall be made using the daily euro exchange rate published in the C series of the Official Journal of the European Union of the day on which the expense was made or, failing that, at the monthly accounting rate established by the Commission and published on its website.

ARTICLE II. 19 – RECOVERY II.19.1 If total payments made exceed the amount actually due or if

recovery is justified in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euro on receipt of the debit note, in the manner and within the time limits set by Eurojust.

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II.19.2 In the event of failure to pay by the deadline specified in the debit note, the sum due shall bear interest at the rate indicated in Article II.16.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

II.19.3 Eurojust may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting, in cases where the Contractor also has a claim on Eurojust that is certain, of a fixed amount and due. Eurojust may also claim against the guarantee, where provided for.

ARTICLE II. 20 – CHECKS AND AUDITS

II.20.1 Pursuant to Article 142 of the Financial Regulation applicable to the general budget of the European Communities, the Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the Union from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.2 Eurojust or an outside body of its choice shall have the same rights as the Court of Auditors for the purpose of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks and inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.4 The Contractor shall keep at Eurojust’s disposal the original or, in exceptional cases, duly authenticated copies, of all the documents relating to the Contract for a period of five years from payment of the last delivery.

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ANNEX IA

ORDER FORM No [complete]governed by the provisions of Framework Contract No [complete] signed on

[complete]

EUROJUST Unit/ Service: [complete]P.O. Box 161832500 BD The Netherlands

Mr/Mrs/Ms [complete][Function]

[Company name][Official address in full]

Eurojust is exempt from all taxes and dues, including value added tax, on payments due in respect of this order form.

Description of the services Quantity Price

TOTAL PRICE[Fixed price without reimbursable costs] [Reimbursable costs up to a maximum amount of EUR … to be added to the price according to the conditions laid down in the Contract]

[The duration of the tasks shall not exceed complete].

[Execution of the tasks shall start from [the date of Contractor’s signature of this order form] [complete date].]

Other details:

Acceptance of this order implies that the Contractor waives all other terms of business or of execution of the services.

For Eurojust,[forename/surname/function]

signature[s]:______________

For the Contractor,[Company name/forename/surname/function]

signature[s]: _______________________

Done at The Hague, [date] Done at Place……………., date:………………

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ANNEX IB

SPECIFIC CONTRACT No [complete]implementing Framework Contract No ...

The Eurojust, represented for the purposes of the signature of this contract by [forename, surname, function, department],

of the one part,

and

[official name in full][official legal form][statutory registration number][official address in full][VAT registration number]

(hereinafter referred to as "the Contractor"), [represented for the purposes of the signature of this contract by [forename, surname and function,]]

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

of the other part,

HAVE AGREED

ARTICLE III.1: SUBJECT

III.1.1 This specific contract implements Framework Contract No [complete] signed by Eurojust and the Contractor on [complete date] [and renewed on [complete date].

III.1.2 The subject of this specific contract is [short description of subject]. [This specific contract relates to lot [complete] of the Framework Contract.]

III.1.3 The Contractor undertakes, on the terms set out in the Framework Contract and in this specific contract and the annex[es] thereto, which form an integral part thereof, to perform the following tasks [:] complete.

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ARTICLE III.2: DURATION

III.2.1 This specific contract shall enter into force on the date on which it is signed by the last contracting party18

III.2.2 The duration of the execution of the tasks shall not exceed [complete] [days/months]. This period and all other periods specified in the Contract are calculated in calendar days. Execution of the tasks shall start from [the date of entry into force of this specific contract] [insert date]. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses.

ARTICLE III.3: PRICE

III.3.1 The total price to be paid by Eurojust under this specific contract shall be EUR [amount in figures and in words] covering all tasks executed. This price also covers any fees payable to the Contractor in relation to the vesting of rights in the Union and where applicable the transfer of rights to the Union and any use of the results by Eurojust.

III.3.2 In addition to the price no reimbursable expenses are foreseen.

ARTICLE III.4: PERFORMANCE GUARANTEE

Not applicable

ARTICLE III.5: USE OF RESULTS

Not applicable

18 As a rule Eurojust signs last. In this case, the Contractor should be duly informed of the date on which the specific contract enters into force.

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SIGNATURES

For the Contractor,[Company name/forename/surname/function]

signature[s]: _______________________

For Eurojust,[forename/surname/function]

signature[s]:_____________________

Done at [xxxxx], [date] Done at The Hague, [date]

In duplicate in English.

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ANNEX II

Tender Specifications

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ANNEX III

Contractor’s Technical and Financial Proposals

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ANNEX IV

Financial Identification Form and Legal Entity Form

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Annex V

Instructions, Terms and Conditions for Companies Performing Services at the Premises (The Haagse Arc and The Haagse Veste I) of the

International Criminal Court and Eurojust

Article AV.1 General

AV.1.1 These instructions comprise part of the contractual agreement between the International Criminal Court (hereinafter referred to as “the ICC”) and Eurojust, on the one hand, (hereinafter “ICC”, “Eurojust” or the ”Organisation”) and the natural or legal person performing activities or services (hereinafter referred to as “the Contracting Party”) on the other hand, for either or both Organizations.

AV.1.2 The Contracting Party shall appoint a contact person amongst his/her staff and communicate his/her details to the Chief of Security of the Organization in which the activity or service is to be performed.

AV.1.3 Before performing services, the Contracting Party shall ensure that:• his/her contact person provides the ICC or Eurojust with a recent extract from the trade register of the Chamber of Commerce in which he/she is registered, and – if the Contracting Party’s manager is an authorized person – with additional information regarding that authorized person;• he/she sends to the Security Co-ordinator of the relevant Organization at least forty-eight hours in advance written notification of the details of the employees assigned to the services in question. This notification shall include their name, address, and social security numbers and be accompanied by a photocopy of their valid photographic identity document (i.e. passport or national/municipal identification);• he/she informs all of the employees of the Contracting Party and of the subcontracting company, as the case may be, as authorized in Article AIV.1.4 below being deployed of the contents of these instructions and has each one of them sign an individual copy of the “Instructions, terms and conditions for employees of external Organizations deployed at .... (ICC / Eurojust)”;

AV.1.4 The Contracting Party is allowed to contract work out to subcontractors but only after permission of the Facility Unit of the Organization in which the activity or service is to be performed. The Contracting Party shall ensure those subcontractors adhere to these instructions.

AV.1.5 Representatives of the Contracting Party shall not be permitted to receive/invite visitors at the work site. Nor shall they inspect the performance of tasks carried out by their employees without advance approval from the Security Co-ordinator of the Organization in which the activity or service is being performed and unless accompanied by a representative from that

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Organization.

AV.1.6 A breach of these instructions may lead to the immediate termination of the Contract with no resulting entitlement to compensation on the part of the Contracting Party.

Article AV.2 Security

AV.2.1 All employees involved in performing the services in question shall follow the instructions issued to them by ICC or Eurojust security officers.

AV.2.2 Delivery and retrieval of tools and materials shall take place only on approval by the relevant contact person.

AV.2.3 All employees as well as all personal items and accessories (e.g. the tools, materials, bags, etc.) necessary to perform the service in question shall be screened visually and electronically for security purposes.

AV.2.4 In the event of equipment failure or query regarding any item being brought into the facility, ICC or Eurojust security officers may ask the Contracting Party’s employees to show all objects carried onto ICC or Eurojust premises for closer examination. The Contracting Party’s employees are required to fully cooperate. Failure to comply with such a request may result in the denial of access to the ICC or Eurojust premises and the discontinuation of activities.

Article AV.3 Security Measures

AV.3.1 ICC or Eurojust security officers or other staff of the ICC or Eurojust shall oversee and supervise the performance of all activities.

AV.3.2 ICC or Eurojust reserves the right to call an immediate halt to activities for a specific period of time without explanation should such action be deemed necessary for reasons of security and/or safety. The Contracting Party shall be notified immediately and directly in such cases. The designated period shall be considered one in which conditions preclude the continuation of activities and may result in the extension of the completion deadline. In such cases, the Contracting Party shall not be liable for any resulting damage suffered by the relevant party – without prejudice to the provisions laid down by Article AV.1.6.

Article AV.4 Confidentiality

AV.4.1 The Contracting Party, as well as any of his/her employees or subcontractors involved in organizing or performing the services rendered, shall be barred from divulging to third parties any information acquired during the course of their tasks about the ICC or Eurojust staff, procedures followed at the ICC or Eurojust, planned construction activities, construction drawings and blueprints, floor plans and building (sub) structures (confidentiality requirement). In addition to the immediate termination of the services of the

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Contracting Party, violation of the confidentiality requirement may lead to civil and/or criminal proceedings.

AV.4.2 Information about services rendered and the working location shall not be collected, recorded or distributed by means of photographs or films nor shall such information be communicated by oral, written, electronic or visual means in articles, magazines/professional journals, publications, advertising/documentary materials, etc.

AV.4.3 All documents relating to the services rendered are confidential. To safeguard the confidentiality of those documents, (sub)contractors and suppliers shall adhere strictly to the following:• sign a confirmation of receipt; • handle such documents with caution and take measures to safeguard them from theft;• report the loss of any documents immediately to the relevant contact person;• submit the documents to the relevant contact person upon completion of the services concerned.

AV .4.4 The Contracting Party shall be liable for all damage suffered by ICC or Eurojust due to a breach of the confidentiality requirement or the disappearance/loss of documents issued to him/her as referred to above. The Contracting Party shall be responsible to ensure proper fulfillment of the confidentiality requirements by his/her employees. This responsibility on the part of the Contracting Party shall apply equally to any subcontractor employed by him/her and to that subcontractor’s employees.

Article AV.5 Starting and Ending Deployment at the Haagse Arc and Haagse Veste I

AV.5.1 Actual deployment of employees shall begin only after approval by the relevant Security Co-ordinator in consultation with the Chief of Security of the Organization in which the activity or service is to be performed.

AV.5.2 ICC or Eurojust reserve the right to deny or withdraw - without explanation and at any time - permission for the deployment of the Contracting Party’s employees.

AV.5.3 The contact person shall report employees no longer deployed in the services rendered to the Security Co-ordinator of the relevant Organization.

Article AV.6 Access Regulations

AV.6.1 Access to the building and premises shall be granted only to persons who are involved in performing the services in question, who were reported in accordance with Article V.1.3 of these instructions and whose identity has been confirmed by means of an official valid photographic identity document (i.e. passport, national/municipal identity card). Failure to present such identification may result in the denial of access to the Organization’s building.

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Photocopies will not be accepted.

AV.6.2 The Contracting Party’s employee shall submit to the reception or the security staff their original identity documents which will be retained until the return of the special building access badge issued to them on that occasion. The special building access badge must be worn at all times and handed in upon departure. The loss of the special building access badge shall be reported immediately to the relevant Security section.

AV.6.3 It is forbidden to bring or access photographic, video and filming equipment in the building. All such articles must be handed in to security for safekeeping.

AV.6.4 The arrival and departure times of all employees involved in organizing or performing the services rendered shall be registered in the interests of security.

AV.6.5 The ICC and Eurojust reserve the right to deny or withdraw - without explanation - permission to access the premises.

AV.6.6 No access to the basement parking facilities shall be granted without prior agreement with the Chief of Security via the relevant Security Co-ordinator.

Article AV.7 Dangerous Substances

AV.7.1 The use of dangerous substances, explosive gases, or substances toxic to humans and animals that are needed for the performance of activities shall be permitted only after the relevant ICC or Eurojust contact person has received written notification of such action and only insofar as it falls in line with the relevant legal regulations.

AV.7.2 The ICC and Eurojust reserve the right to issue further instructions in such cases.

AV.7.3 Removal of non-usable and/or contaminated materials, such as oil, cooling substances, filters, packaging etc., shall take place according to environmentally friendly methods. These materials shall be disposed of or destroyed at dump sites or waste processing companies approved by the Dutch government. The contracting parties shall submit a disposal certificate on request of the Facility Unit of the relevant Organization.

AV.7.4 Open fires and welding activities are strictly forbidden unless approved by the relevant Security Co-ordinator and unless the ICC or Eurojust has taken special safety measures (such as providing fire extinguishing materials).

AV.7.5 Employees shall put an immediate end to any situation considered dangerous at the first request of an ICC or Eurojust security officer.

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Article AV.8 Unforeseen Circumstances

In situations not covered by these instructions, decisions will be made – depending on the nature of the circumstances - by or on behalf of the ICC or Eurojust contact person or the Security Co-ordinator in consultation with the Chief of Security of the relevant Organization.

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Annex M - Model Letter of Intent for Subcontractor/s

Model of Letter of Intent for Subcontractor/s

(To be duly filled–in/ completed and signed by each respective Subcontractor in line with Article E.2.2 of the Tender Specifications)

The undersigned: ………………………………………………………………………….

Name of the company/organisation: ………………………………………………………

Address: ……………………………………………………………………………………

Declares hereby the intention to collaborate in the execution of the tasks subject to the above call for tenders, in accordance with the terms of the offer to which the present form is annexed, if the contract is awarded to …....................................…. (Name of the tenderer).

The Undersigned Company/ organization ................................................ (Name of the subcontractor), acting as subcontractor to................................................... (Name of tenderer) hereby:Declares the intention to participate in the contract for the implementation of the following activities / tasks and to have the following responsibilities: (please describe below): ...................................................................................................................................................................................................................

Declares the intention to be at the Tenderer / Contractor’s disposal for the performance of the contract, undertaking to contribute with (to be filled in)......................% of the work by value.

Declares hereby the acceptance of the draft contract conditions attached to the tender specifications for this call for tenders, and in particular Article II.18 in relation with checks and audits.

<Signature of authorised representative>Name and position of authorised representativeDateAnnex N 1 - Check list for tenderer Lot 1 - Occupational health services

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To be checked BEFORE dispatching the tender by the tenderer

I. The tender must be dispatched BEFORE the dispatch deadline indicated in Section B.8 of the Tender Specifications.

II. The tender must be submitted in one outer envelope, which contains three inner envelopes.

III. The outer envelope must:о Be sealed with adhesive tape and signed across the seal in order to guarantee

the confidentiality and integrity of data.о Carry the following information:TENDER FOR EUROJUST

Tender Ref. No. 2012/EJ/75Tender Title: Provision of occupational health and safety services to Eurojust

Please mark participation in the lots:Lot 1 - Occupational health services


TENDER – NOT TO BE OPENED BY INTERNAL MAIL DEPARTMENTName of the Tenderer: ---------------------------------------------------------

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

----------------------------------------------------------

----------------------------------------------------------IV. Envelope A (Eligibility and Capacity) must contain:

о 1 original (clearly marked as “Original”) and 3 copies (each marked as “Copy”) of the following documents:

(a) You shall provide - in original - a declaration on honour drawn up according to the template found in Annex A, dated and duly signed by the legal representative of the tenderer.(b) The following documentation on the tenderer’s capacity:

A brief history of the company, including length of time in business, overall size and description of activities relating to the services of the type required in these Tender Specifications;

A overview of the internal structure of the tenderer, as well as the medical facility proposed of the following:

business profile; its organisational division; Medical facilities (reception, waiting areas, medical departments) and

medical equipment to be used;

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Information on the number and speciality of the medical and administrative staff;

average annual manpower, detailing the number of managerial staff and the pool of experts assigned to the fields of Health services similar to those required in these Tender Specifications over the past 3 (three) years;

a description of the equipment in use for the performance of all requested examinations.

The organisational chart of the Medical Centre shall be included. This overview must clearly confirm the tenderer’s professional and technical capability to fulfil the relevant selection criteria;

a list of the main multinational contracts carried out in the past 3 (three) years covering the same kind and quantity as requested in these Tender Specifications; specifying the value, dates, recipients of the services provided and the tasks performed by the tenderer as well as contact information for verification;

a document containing the data protection policy applied by the organisation regarding the processing and protection of personal data in the context of such contract;

a description of the technical and organisational measures which the organisation has in place or plans to put in place to ensure the security, confidentiality and protection of personal data, including the procedures for the data flow and transmission of information within the organisation and with Eurojust;

a description of the procedures in place to ensure the provision of information to the data subjects and the exercise of their rights regarding the personal data processed;

Information as to the notification to the competent data protection authority of the country which data protection legislation is applied by the organisation;


Evidence of professional risks indemnity insurance for the medical services requested.


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

a Company proof of enrolment in a relevant professional register (such as for example Stichting Beheer Certificatieregeling Arbodiensten, SBCA or equivalent) showing that the tenderer is compliant with the Dutch legislation on establishment and operation of a medical unit.

V. Envelope B (Technical Proposal) must contain:о 1 original (clearly marked as Òriginal`) and 3 copies (each marked as

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“Copy”) of the technical proposal, drawn up as indicated in Section B.3 of the Tender Specifications and based on the Technical proposal form, found in Annex C.

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

VI. Envelope C (Financial Proposal) must contain:о 1 original (clearly marked as “Original”) and 3 copies (each marked as

“Copy”) of the financial proposal, drawn up as indicated in Section B.4 of the Tender Specifications and based on the form found in Annex D.

The Financial Proposal shall be signed on each page by a legal representative of the tenderer.

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Annex N 2 - Check list for tenderer Lot 2 - Occupational Health and Safety Risk Assessment

To be checked BEFORE dispatching the tender by the tendererI. The tender must be dispatched BEFORE the dispatch deadline indicated in Section B.8 of the Tender Specifications.

II. The tender must be submitted in one outer envelope, which contains three inner envelopes.

III. The outer envelope must:о Be sealed with adhesive tape and signed across the seal in order to guarantee

the confidentiality and integrity of data.о Carry the following information:TENDER FOR EUROJUST

Tender Ref. No. 2012/EJ/75Tender Title: Provision of occupational health and safety services to Eurojust Please mark participation in the lots:Lot 1 - Occupational health services


TENDER – NOT TO BE OPENED BY INTERNAL MAIL DEPARTMENTName of the Tenderer: ---------------------------------------------------------

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

----------------------------------------------------------

----------------------------------------------------------IV. Envelope A (Eligibility and Capacity) must contain:

о 1 original (clearly marked as “Original”) and 3 copies (each marked as “Copy”) of the following documents:

(a) You shall provide - in original - a declaration on honour drawn up according to the template found in Annex A, dated and duly signed by the legal representative of the tenderer.(b) The following documentation on the tenderer’s capacity: о A brief history of the company, including length of time in business, overall size

and description of activities relating to the services of the type required in these Tender Specifications and a detailed description of the internal structure of the tenderer.

о A list of at least 3 H&S risk assessments that fall within the scope area of Health and Safety risk assessment for the Services Sector and of similar value, an international organisation within the European Union of similar size. The tenderer shall specify the value, dates of the H&S risk assessments, names

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and contact details of clients and the main services provided by the tenderer.о The CV of the proposed Team Leader who will be assigned to this contract and

supervise Health and safety risk assessments. о Copies of the balance sheets and economic outturn (profit & loss) statements

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

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

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

о A valid certificate, issued by the nationally appointed authority, proving that the tenderer is compliant with the European or national legislation on providing consultancy service regarding of Health and safety risk assessments in the Services Sector.

V. Envelope B (Technical Proposal) must contain:о 1 original (clearly marked as Òriginal`) and 3 copies (each marked as

“Copy”) of the technical proposal, drawn up as indicated in Section B.3 of the Tender Specifications and based on the Technical proposal form, found in Annex C.

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

VI. Envelope C (Financial Proposal) must contain:о 1 original (clearly marked as “Original”) and 3 copies (each marked as

“Copy”) of the financial proposal, drawn up as indicated in Section B.4 of the Tender Specifications and based on the form found in Annex D.

The Financial Proposal shall be signed on each page by a legal representative of the tenderer.

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