ANNEX I - TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER

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1 ANNEX I - TENDER SPECIFICATIONS ATTACHED TO THE INVITATION TO TENDER Invitation to tender N EMSA/OP/09/2008 concerning Research for the parameters of the Damage Stability Rules including the calculation of water on deck of ro-ro passenger vessels, for the amendment of the Directives 2003/25/EC and 98/18/EC. 1. Introduction The European Maritime Safety Agency (EMSA) was established under Regulation 1406/2002/EC for the purpose of ensuring a high, uniform and effective level of maritime safety. Among its tasks, the Agency provides technical and scientific assistance to the European Commission and European Union Member States on matters relating to the proper implementation of European Union legislation on maritime safety and pollution by ships. More information about the Agency and its structure and activities can be found on our web site Directive 98/18/EC, as amended, on the safety rules and standards for passenger ships seeks to introduce a uniform level of safety of life and property on new and existing passenger ships when engaged on domestic voyages inside EU waters, and to enable the harmonisation of the rules for their international voyages outside EU waters. Directive 98/18/EC, following the current SOLAS 74, as amended, is in a phase of revision which, among other things, takes into account the new stability calculation regulation for passenger vessels that are built after the entry into force of SOLAS Directive 2003/25/EC, as amended, concerns the regional IMO requirement for the calculation of water on deck relating to damage stability of ro-ro passenger vessels. The Directive makes reference to Directive 98/18/EC and applies not only to new ships, but also to existing ships in EU waters. The ro-ro passenger vessel is a significant means for the transfer of passengers and goods between member states, and forms an essential part of the EU transport network. Bearing in mind that there have been several major disasters involving this type of ship in recent decades, this matter is considered to be of fundamental importance and worthy of significant further research. The European Maritime Agency is initiating this research with this invitation to tender. Page 1 of 12

2 2. Objective, scope and description of the contract The purpose of the contract is to obtain a study intended to facilitate the decision of the rule makers and amendment of the European Union Directives as follows: Annex I and II of the Directive 2003/25/EC, as amended. Annex I of the Directive 98/18/EC, as amended. The study will provide the state of the art of regulatory provisions for the calculation of damage stability of ro-ro passenger vessel. For the purpose of this tender specification regulatory provisions for the calculation of damage stability of ro-ro passenger vessels are: International instruments. International instruments shall mean the relevant international conventions, the relevant resolutions and circulars of International Maritime Organization (IMO) and the relevant international testing standards. International conventions. International conventions shall mean: o The 1966 International Convention on Load Lines (LL66),as amended, o The 1972 Convention on International Regulations for Preventing Collisions at Sea (COLREG), as amended, o The 1973 International Convention for the Prevention of Pollution from Ships (MARPOL), as amended, and, o The 1974 International Convention for the Safety of Life at Sea (SOLAS), as amended. The study will be based on the tests carried out in the ship laboratory of the contractor according to the testing programme informed in point 2.3. The expected outcome is a study containing suggestions for index A parameter(s) Si (possibly also p i, v m ) under IMO SOLAS 2009,Ch.II-1,Reg.7-2 Damage Stability Rules, to address the issue of accumulated water on deck for ro-ro passenger ships in hull damage and range of natural conditions corresponding to Stockhom Agreement rules, as minimum. 2.1 Updating of the regulatory provisions at Directive 2003/25/EC, as amended. The main aim of the Directive is to ensure, as far as possible, that there will be enough residual stability retained by a ropax vessel engaged on international voyages, when a column of water has accumulated on the car deck. This has been seen to follow a collision damage. EMSA is providing technical support to the European Commission in proposing an amendment to the Directive, in order that it can be updated in line with new SOLAS standard The Directive 2003/25/EC Article 10 is the legal basis empowering the European Commission to update and amend the Directive 2003/25/EC Annex I and II. The Directive 2003/25/EC Annex I and II may be amended in accordance with the procedure laid down in Directive 2003/25/EC Article 11(2). The European Commission has been assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/ With regard to Directive 2003/25/EC Article 10 and Article 11(2) the contractor will produce a study to give technical background to the revision of the regulatory provisions at Directive 2003/25/EC Annex I and II, in order: To apply subsequent amendments of IMO SOLAS for the purposes of the Directive 2003/25/EC. Page 2 of 12

3 To update Annex I by introducing modified parameter formulas or values for parameters that contribute to the water on deck calculation. To update Annex II by introducing a new Model test method which would be in accordance with new damage stability rules, if any. To inform on other possible findings contributiong to the damage stability of the ro-ro passenger vessel The tenderer shall identify which international and European regulations and testing standards, equipment or methods which will be used in the testing, analyse or further development of the study. This identification is necessary in order to be able to analyse the need for further improvements to Annex I and II, based upon the work already carried out in the latest amendment to the Commission Directive Two technical progress meetings will be held during the 6 month-term of the project. The meetings will be held with the participation of EU Member States experts. The contractor will be required to attend these meetings and to effectively present the progress to date and/or future requirements. 2.2 Updating of the regulatory provisions at Directive 98/18/EC, as amended. The purpose of this Directive is to ensure overall level of safety onboard all passenger ships engaged to domestic voyages inside EU. Following SOLAS with its regulations, it also makes reference to Directive 2003/25/EC for ro-ro passenger ships for the calculation of damage stability. However, as the directive is subject to general revision, its stability regulation incorporates ropax vessels of any size. Smaller vessels are known to behave differently from bigger vessels under similar seagoing conditions, due to their dimensions only. The overall objective of the analysis is to identify whether the a size of the vessel will give different results for the damage stability of the accumulated water on deck. This would give a additional technical base for the revision of the Directive and examine the equivalence of application of IMO rules The Directive 98/18/EC Article 8(b) is the legal basis empowering the European Commission to update and amend the Directive 98/18/EC Annex I. The Directive 98/18/EC Annex I may be amended in accordance with the procedure laid down in Directive 98/18/EC Article 9(2). The European Commission has been assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/ With regard to Directive 98/18/EC Article 8(b) and Article 9(2) the contractor will produce a study to give technical background to the revision of the regulatory provisions at Directive 98/18/EC Annex I, in order: To apply subsequent amendments of IMO SOLAS for the purposes of the Directive 98/18/EC. To update Annex I by introducing modified parameter formulas or values for parameters that contribute to the water on deck calculation. To inform on other possible findings contributing to the damage stability of the ro-ro passenger vessel The tenderer shall identify which international and European regulations and testing standards, equipment or methods which will be used in the testing, analyse or further development of the study. This identification is necessary in order to be able to analyse the need for further improvements to Annex I, based upon the work already carried out in the latest amendment to the Commission Directive Two technical progress meetings will be held during the 6 month-term of the project. The meetings will be held with the participation of EU Member States experts. Page 3 of 12

4 The contractor will be required to attend these meetings and to effectively present the progress to date and/or future requirements. 2.3 Deliverables The contractor shall provide the following deliverables: 1. A 6-months term testing programme. 2. An interim report. 3. A draft final report. 4. A final report. In addition the contractor shall adhere to the editorial features stated at clause Testing programme. The testing programme will be spanning over a maximum of 6-months term and shall include: 1) Designing of the hull and subdivision of large (L= m,B=28-31m) and small (L=70-80m,B=16-19m) ro-ro passenger vessels according to SOLAS 2009 standard for the computer simulation and for tank testing models. This must include, in addition to the bulkheads and deck, the effects of the tanks, escape ways, piping, machinery room,trunks,air condition ducts, etc. 2) Developing of the computer programme for both hull models and simulation of the damage stability in different flooding conditions, residual freeboards and sea states, involving water on deck, in order to shape the index A parameter S i (possibly also p or v) of SOLAS 2009, Ch.II-1,Reg.7-2. The results should include the effect of water on deck on the stability curve KG (or GM) by function of Moulded Draft Demands for software: To build up a computational, 3D digital model of a Ropax in order to study her Survivability, it is required to have a software for static stability (e.g. NAPA, FORAN, etc.), and for dynamic stability (e.g. PROTEUS3, SIMCAP, FREDYN, etc) Demands for hardware: The complexity will determine the hardware requirements, typically a 4-processor PC, 3GHz, 2GB RAM, 200GB HDD, or equivalent Apple, Mac, Sun or other. (the bigger the better) 2.3. Specification of the numeric calculation capacity: Min 100 million cells 2.4. Demands for the extent of damages: All possible damages in subdivision have to be investigated with water on deck (excluding machinery room or possible long lower hold flooding). The goal is to find the combination of flooded subdivisions, which would give the worst damage of any two flooded adjacent compartments with water on deck, as minimum. Requirements are according to IMO Resolution 14 of the 1995 SOLAS Conference: The amount of assumed accumulated sea water shall be calculated on the basis of a water surface having a fixed height above: (a) the lowest point of the deck edge of the damaged compartment of the ro-ro deck; or Page 4 of 12

5 (b) when the deck edge of the damaged compartment is submerged then the calculation is based on a fixed height above the still water surface at all heel and trim angles; as follows: - 0,5 m if the residual freeboard (fr) is 0,3 m or less, - 0,0 m if the residual freeboard (fr) is 2,0 m or more, and intermediate values to be determined, if the residual freeboard (fr) is 0,3 m or more but less than 2,0 m, where the residual freeboard (fr) is the minimum distance between the damaged ro-ro deck and the final waterline at the location of the damage in the damage case being considered without taking into account the effect of the volume of assumed accumulated water on the damaged ro-ro deck, if the significant wave height (hs) is 4,0 m or above; intermediate values to be determined if the significant wave height (hs) is 1,5 m or more but less than 4,0 m Demands for natural conditions: up to 4m significant wave height and above Demands for the hull: Permeabilities of the compartments according to SOLAS 2009 Ch.II-1,Reg.7-3. Moments due to crowding of passengers, launching of survival craft and wind pressure (120N/m2) shall be taken in account in the weight distribution on the hull. 3) Planning and manufacturing of two physical tank models identical to 1), testing for damage stability in a tank with waves in conditions as 2.5.) & 2.6) on some specific drafts involving the water on deck, according to results of 2). Other requirements according to Model Test Method of IMO Resolution 14 of the 1995 SOLAS Conference. The results should support the stability curve obtained from computer simulation Demands for scale of physical tank model: 1:40 (or larger) 3.2. Manufacturing tolerance of model: 1mm or less 3.3. Testing drafts: Deepest draft of the vessel as min Special report: Report of the separate tank testing group. The testing programme will contain the information concerning the following scheduled milestones: End date for the current 6-month term updating (+/- 1 month). Meetings to be held. Deliveries. Issue of invoices. Page 5 of 12

6 Interim Report. The interim report will contain, at least, the following chapters: Part I. Part II Interim study for the results of computer model simulation Interim study for the intended tank testing programme At this stage of the study the inclusion of regulatory provisions not yet published may be accepted. At this stage of the study any other information considered as relevant will be accepted to be added as per the contractor criteria. If so it will be added as Annex 1 of the Interim Report Draft final report. Following the comments of the expert parties and further updating tasks carried out during the consultation period, a draft final report will be produced. The draft final report will contain, at least, the following chapters: Part I. Draft final study for the verification of index A parameters. Part II Draft final study for the support of tank test results. Annex 1. Contributions of the expert parties invited to address their comments for the amendment of studied parameters. At this stage of the study the inclusion of regulatory provisions not yet published may be accepted. At this stage of the study any other information considered as relevant will be accepted to be added as per the contractor criteria. If so it will be added as Annex 2 of the Draft Final Report Final report. Following the Draft Final Report, EMSA will produce comments with regard to the draft Final Report contents and the contributions from the expert parties. Then EMSA will send the comments to the contractor. The contractor shall phase in the EMSA comments into the Final Report. The Final Report will solely contain the following chapters: Executive summary Part I. Study of the recommendations for index A parameters. Part II Study of support of tank test results. The executive summary will describe the methodology to reach the Final Report and will include recommendations to the damage stability parameters of ropax vessels. The Part I and the Part II will have the same look and structure than the current legal text used (IMO SOLAS 2009). Provided new type of formulas are added they will be included in a new clause properly numbered. Both Part I and Part II of the Final Report will not include reference to regulatory provisions not yet published. Page 6 of 12

7 Editorial features for Part I and Part II of the reports. With regard to the edition of the Parts I and II of the reports (interim, draft final and final), the contractor shall adhere to the following editorial features: The text font will be Verdana ; font style regular; size 10. No bold font will apply. The cover sheet of the report can be formatted as per contractor design. The rest of the report text will be made by using plain text without any kind of format. (For example the notes of the Parts I and II). The technical regulations in the tables will be written so that they can be read as a piece of regulation per line and the line will start with a dash (-). o Example: -IMO Res.A694(17), -IMO Res.MSC.48(66)-(LSA Code). In case of the same technical provision refers to two different parts of the self provision, these different parts will be also written in different lines. o Example: Parts I and V of the LSA code will be quoted as: -IMO Res.MSC.48(66)-(LSA Code) I, -IMO Res.MSC.48(66)-(LSA Code).V. Inside the same cell, the provisions in different lines will have a comma (,) at the end of line and a full stop (.) at the end of the last technical provision. o Example: At a given cell we have 4 technical provisions, they will be separated as follows: -Reg. II-2/10, -Reg. V/19, -IMO Res.A694(17), The list of provisions inside the same table cell will be written following the priority below, in ascending order and quoted as the pattern given: Technical provision Quoted as per the following pattern SOLAS Regulations -Reg. Part/RegulationNumber IMO Assembly Resolutions -IMO Res.A.Number(Assembly) IMO MSC Resolutions -IMO Res.MSC.Number(Session) IMO MSC Resolutions referring a code -IMO Res.MSC.Number(Session)-(Code name) PartOrChapter IMO MSC Circulars -IMO MSC/Circ.(Number) o Examples Technical provision Example Note the Space between SOLAS Regulations -Reg. II-2/10, -Reg. and Part -Reg. V/19. IMO Assembly -IMO Res.A694(17). -IMO and Res Resolutions IMO MSC Resolutions -IMO Res.MSC.116(73). -IMO and Res IMO MSC Resolutions referring a code -IMO Res.MSC.48(66)-(LSA Code) I. a) -IMO and Res b) Code name and PartOrChapter IMO MSC Circulars -IMO MSC/Circ.(862). -IMO and Res Further editorial features will be able to be required at any stage of the project plan. Page 7 of 12

8 3. Contract management responsible body. The European Maritime Safety Agency Unit B.2. - Implementation of the EU Maritime Legislation/Ship Safety will be responsible for managing the contract. 4. Project Planning: Reports to be submitted 4.1. Expected reports. The Contractor will submit the following reports within a 6 month contractual period: Interim Report (month 3, preferably in the begin of January 2009). Draft Final Report (month 5, preferably in March 2009). Final Report (month 6, preferably in April 2009). Three copies of the reports shall be supplied on paper form and one copy in electronic form, either in MS Word or in HTML format Foreseen meetings The contractor is expected to hold 3 meetings in a 6 month contractual period: Kick Off Meeting (month 1 in the Contractor s Laboratory). Interim Report Review Meeting (month 3, in Lisbon, Portugal). Draft Final Report Review Meeting (month 5 in Lisbon, Portugal). 5. Timetable The estimated date for signature of the contract is October The timetable for the delivery of reports and timetable of meetings have been stated above. 6. Estimated Value of the Contract The maximum allowable budget for contract is 240, Euro excluding VAT. 7. Terms of payment Payments shall be issued in accordance to the provisions of the draft service contract available on the Procurement Section under the call to tender EMSA/OP/09/08 on the EMSA website at the following address: 8. Terms of contract In drawing up a bid, the tenderer should bear in mind the terms of the draft service contract. EMSA may, before the contract is signed, either abandon the procurement or cancel the award procedure without the tenderers being entitled to claim any compensation. 9. Financial guarantees Not applicable. 10. Sub contracting If the tenderer intends to either sub contract part of the work or realise the work in cooperation with other partners he shall indicate in his offer which part will be subcontracted, as well as the name and qualifications of the subcontractor or partner. (NB: overall responsibility for the work remains with the tenderer). 11. Requirements as to the tender Bids can be submitted in any of the official languages of the EU. The working language of the Agency is English. Bids must include an English version of the documents requested under point 14.5 & 15.1 of the present tender specifications. The tender must be presented as follows and must include: Page 8 of 12

9 Signed cover letter indicating the name and position of the person authorised to sign the contract and the bank account on which payments are to be made. Financial Form completed, signed and stamped; available on the Procurement Section (Financial Form) on the EMSA Website at the following address: Legal Entity Form completed, signed and stamped and requested accompanying documentation, available on the Procurement Section (Legal Entity Form) on the EMSA Website at the following address: Part A: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the points of these specifications (part of the Exclusion criteria) Part B: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Economic and Financial capacity (part of the Selection criteria) set out under point 14.4 of these specifications; Part C: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Technical and professional capacity (part of the Selection Criteria) set out under point 14.5 of these specifications. Part D: all the information and documents required by the contracting authority for the appraisal of tenders on the basis of the Award Criteria set out under point 15.1 of these specifications; Part E: setting out prices in accordance with point 12 of these specifications. 12. Price Price for the Research for the parameters of the Damage Stability Rules including the calculation of water on deck of ro-ro passenger vessels, for the amendment of the Directives 2003/25/EC and 98/18/EC shall include financing for programme of the study and delivery of the results, including all travelling costs. Prices must be quoted in Euro using (with the exception of the countries within the EURO zone) the conversion rates published in the C series of the Official Journal of the European Union on the day when the contract notice was published. Price must be fixed amounts, non revisable and remain valid for the duration of the contract. Under Article 3 and 4 of the Protocol on the privileges and immunities of the European Communities, EMSA is exempt from all duties, taxes and other charges, including VAT. This applies to EMSA pursuant to the Regulation 1406/2002/EC These duties, taxes and other charges can therefore not enter into the calculation included in the bid. The amount of VAT must be shown separately. Page 9 of 12

10 13. Grouping of service providers Groupings, irrespective of their legal form, may submit bids. Tenderers may, after forming a grouping, submit a joint bid on condition that it complies with the rules of competition. Such groupings (or consortia) must specify the company or person heading the project and must also submit a copy of the document authorising this company or person to submit a bid. If awarded, the contract will be signed by the company of the person heading the project, who will be, vis à vis EMSA, the only contracting party responsible for the performance of this contract. Tenders from consortiums of firms or groups of service providers, contractors or suppliers must specify the role, qualifications and experience of each member or group. 14. Information concerning the personal situation of the service provider and information and formalities necessary for the evaluation of the minimum economic, financial and technical capacity required 14.1 Legal position means of proof required When submitting their bid, tenderers are requested to complete and enclose the Legal Entity Form and requested accompanying documentation, available on the Procurement Section (Legal Entity Form) on the EMSA Website at the following address: Grounds for exclusion To be eligible for participating in this contract award procedure, tenderers must not be in any of the following exclusion grounds 1 : (a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; (b) they have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata; (c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; (d) they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the 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) following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations. 1 Article 93 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248 of ) Page 10 of 12

11 14.3 Evidence to be provided by the tenderers For this purpose the Declaration on Honour attached to this document shall be completed and signed. Bids that do not contain such a Declaration on Honour will not be taken into consideration for the evaluation. Please note that the tenderer that to whom the contract is to be awarded shall provide additional proof evidencing eligibility Economic and financial capacity means of proof required To prove their financial and economic capacity, tenderers should provide with their offer: 1) the balance sheets or extracts from balance sheets and profit and loss accounts for the last three financial years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the tenderer is established; 2) statement of overall turnover and turnover relating to the relevant services for the last three financial years Technical and professional capacity means of proof required The following information, concerning the service provider s own position and the information and formalities necessary for an appraisal of the minimum technical standards required of him, should be supplied: Technical Competence The details of educational and professional qualifications of the persons providing the services (detailed CV s have to be included) proving a relevant indepth knowledge of this subject matter of this tender. Tenderers should provide with their bid detailed curriculum vitae of each member of the team responsible for carrying out the work, including his or her educational background, degrees and diplomas, professional experience, research work, publications and linguistic skills. The curricula vitae shall be presented, preferably, in accordance to the Commission Recommendation on a common European format for curricula vitae, published in OJ L79 of 22 March 2002, p. 66. A list of the principal related projects in the past 5 years proving previous merits and experience in the field. Experience from the past two years with latest technology would be most appreciated. Experience from earlier time will be notified. The tenderer shall provide evidence of its proven knowledge of international instruments as well as of international and European testing standards of the field. Further, the applicant must be able to demonstrate his experience in the assessment of relevant testing methods. The tenderer shall provide evidence of its proven expertise on producing flooding simulation of the hull. Evidence of the knowledge and experience in the fields mentioned above shall be provided on the basis of a list of related services in which the tenderer has participated and worked. This shall include a description of the services with indication of the objectives, contracting parties, duration and budget. Where the services are provided to public authorities, evidence of their performance shall be in the form of certificates issued or countersigned by the competent authority. Page 11 of 12

12 15. Criteria for the award of the contract 15.1 The contract will be awarded to the tenderer who submits the most economically advantageous bid (the one with the best price-quality ratio) in terms of: a) Technical evaluation criteria in their order of importance as weighted by percentage (75%). - Proposed methodology this must include detailed proposals of how the project as a whole would be carried out, and by whom (named individuals), including key milestones, deliverables and date by which the tenderer will have completed the task (30%) - Proposed technical solutions and procedures the bid must show the technical programme and its procedures to be applied for the computing of damage stability with evidence of it s functionality. (25%) - Understanding of the specifications and a short presentation of that understanding. (20%) b) Total price as weighted by percentage (25%). Only bids that have reached a total score of a minimum of 70% and a minimum score of 60% for each criterion in (a) will be taken into consideration for awarding the contract Contracts will not be awarded to tenderers who, during the procurement procedure: (a) are subject to a conflict of interest (b) are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the contract procedure or fail to supply this information. 16. Without prejudice to the application of penalties laid down in the contract, tenderers and contractors who have been guilty of making false declarations concerning situations referred to in points 14 and 15 above or have been found to have seriously failed to meet their contractual obligations in an earlier procurement or grant shall be subject to Administrative and financial penalties set out in Article 133 of Commission Regulation 2342/2002 of 23/12/2002. (OJ L 357 of 31/12/2002) Page 12 of 12