Contracting authority. Czech Republic Ministry of Labour and Social Affairs. PhDr. Iva Šolcová, Director of Department 72.

Transcription

1 QUALIFICATION DOCUMENTATION TO THE PUBLIC CONTRACT ANNOUNCED IN A SIMPLIFIED BELOW-THE-THRESHOLD PROCEDURE IN ACCORDANCE WITH ACT NO. 137/2006 COLL., ON PUBLIC CONTRACTS, AS AMENDED (HEREINAFTER REFERRED TO AS THE ACT ) Name of public contract: Facilitation of activities in the transnational project titled Learning Network on Transnational Cooperation in ESF Contracting authority Trade name or company name / trade name or first name and surname: Address of the registered office/place of business, or place of permanent residence, as the case may be: Czech Republic Ministry of Labour and Social Affairs Na Poříčním právu 1/376, Post Office , Prague 2 Identification number: Profile of the contracting authority: Persons authorised to act in the name or on behalf of the contracting authority: Contact person: PhDr. Iva Šolcová, Director of Department 72 Ing. Lívia Pitoňáková Telephone, fax: livia.pitonakova@mpsv.cz Entity authorised to perform the contracting activities Trade name or company name / trade name or first name and surname: Address of the registered office/place of business, or place of permanent residence, as the case may be: GORDION, s.r.o. Kolmá 6/682, Prague 9 Vysočany, Post Code Identification number: Persons authorised to act in the name or on behalf of the entity authorised to perform the contracting activities: Contact person: Mgr. Pavel Robek, statutory representative Bc. Vendula Knížová 1/10

2 Telephone, fax: , /10

3 1. REQUIREMENTS ON DEMONSTRATING COMPLIANCE WITH THE QUALIFICATIONS 1.1 GENERAL REQUIREMENTS PRESCRIBED BY THE CONTRACTING AUTHORITY ON THE DEMONSTRATION OF THE QUALIFICATIONS This qualification documentation (hereinafter referred to as the QD ) regulates in a detailed matter the definition and method by which the qualification requirements are to be complied with Compliance with the qualification requirements is understood to mean: a) Compliance with the basic qualification requirements prescribed in accordance with Section 53 of the Act (see paragraph 1.2), b) Compliance with professional qualification requirements in accordance with Section 54 of the Act (see paragraph 1.3), c) Compliance with economic and financial qualification requirements in accordance with Section 55 of the Act (see paragraph 1.4), d) Demonstration of compliance with technical qualification requirements in accordance with Section 56 of the Act (see paragraph 1.5) Demonstration of qualification requirements through a sub-contractor If a contractor is unable to demonstrate full compliance with certain qualification requirements as required by a public contracting authority in accordance with Section 50(1)(b) to (d) of the Act, it is entitled to demonstrate the compliance with such qualification requirements to the missing extent through its sub-contractor. In such cases, the contractor is obliged to submit a contract to the public contracting authority concluded with the sub-contractor containing an obligation of such sub-contractor to render performance required in order to perform the public contract by the contractor, or to render things or rights that the contractor will be entitled to dispose with when performing the public contract, at least to the extent to which the sub-contractor has demonstrated the compliance with the qualification requirements. The contractor is not entitled to demonstrate the compliance with the qualification requirements in accordance with Section 54(a) of the Act through a sub-contractor (i.e. an extract from the Commercial Register, if the contractor is registered therein, or an extract from any other similar register, if it is registered therein) Demonstration of qualification requirements in the event of the submission of a joint proposal If the subject of the public contract is to be performed jointly by several contractors who submit or intend to submit a joint proposal for that purpose, each such contractor shall be obliged to demonstrate full compliance with the basic qualification requirements in accordance with Section 50(1)(a) of the Act (i.e. basic qualification requirements in accordance with Section 53 of the Act, see paragraph 1.2 of these QD) and the professional qualification requirements in accordance with Section 54(a) of the Act (i.e. an extract from the Commercial Register, if the contractor is registered therein, or an extract from any other similar register, if it is registered therein). Compliance with the qualification requirements in accordance with Section 50(1)(b) of the Act (i.e. professional qualification requirements save for Section 54(a) of the Act, see paragraph 1.3 of these QD), Section 50(1) c) of the Act (i.e. economic and financial qualification requirements, see paragraph 1.4 of these QD) and Section 50(1) d) of the Act (i.e. technical qualification requirements, see paragraph 1.5 of these QD) must be demonstrated by all contractors jointly. Point shall be applied mutatis mutandis in the event of compliance with the qualification 3/10

4 requirements being demonstrated to the missing extent through a sub-contractor. In the event that the subject of the public contract is to be performed in accordance with Section 51(5) of the Act jointly by several contractors, they shall submit to the public contracting authority, together with documents demonstrating compliance with the qualification requirements, an agreement containing a commitment that all of these contractors will be jointly and severally liable to the public contracting authority and to third parties in respect of any legal relationships arising in connection with the public contract, for the duration of performance of the public contract as well as throughout the existence of any other liabilities ensuing from the public contract. The requirement for the commitment pursuant to the first sentence, namely that contractors be jointly and severally liable, shall apply, unless special legislation or the contracting authority prescribes otherwise Demonstration of compliance with the qualifications in the case of a foreign contractor Unless stipulated otherwise by special legislation, a foreign contractor shall, in accordance with Section 51(7) of the Act, demonstrate compliance with the qualifications by means of a method pursuant to the laws applicable in the country of its registered office, place of business or residence, to the extent as required by the Act and by the public contracting authority. If a certain document is not available pursuant to the laws applicable in a foreign contractor s country of registered office, place of business or residence, the foreign contractor shall be obliged to demonstrate compliance with such portion of the qualification requirements by way of a statutory declaration. If the compliance with any qualification requirements is not required in a foreign contractor s country of registered office, place of business or residence, such a foreign contractor shall issue a statutory declaration to this effect. Documents confirming compliance with the qualification requirements shall be submitted by foreign contractors in their original languages with a certified translation into Czech attached, if the tenderer submits the proposal in Czech, or a translation into English, if the tenderer submits the proposal in English; this provision shall also apply if compliance with the qualification requirements is certified by documents in any language other than Czech or English by a contractor with a registered office, place of business or place of permanent residence on the territory of the Czech Republic Special methods of demonstrating qualification requirements List of qualified contractors Use of an extract from the list of qualified contractors If the contractor submits to the contracting authority an extract from the list of qualified contractors within the time period prescribed for demonstrating compliance with the qualification requirements, this extract shall replace such demonstration of compliance with the basic qualification requirements in accordance with Section 53(1) of the Act and the professional qualification requirements in accordance with Section 54 of the Act to the extent to which the documents demonstrating compliance with these professional qualification requirements cover the requirements of the public contracting authority for demonstrating compliance with the professional qualification requirements for the performance of the public contract. Age of the extract from the list of qualified contractors, other requirements of the contracting authority The extract from the list of qualified contractors must not be more than 3 months old on the last day of the time period during which the compliance with the qualification is to be demonstrated. If the contractor takes advantage of the option stipulated in Section 127 of the Act and demonstrates compliance with the basic qualification requirements by way of an extract from the list of qualified contractors, the contracting authority shall not demand the submission of other documents for the purpose of demonstrating compliance with the basic qualification requirements in excess of the extract from the list of qualified contractors. 4/10

5 System of certified contractors If a contractor submits to the public contracting authority a certificate issued as part of the system of certified contractors, containing the particulars prescribed in Section 139 of the Act, within the time limit for demonstrating compliance with the qualification requirements, and the information contained on the certificate are valid at least as of the last day of the time period for demonstrating compliance with the qualification requirements, this certificate shall replace, to the extent stipulated therein, the demonstration by the contractor of compliance with the qualification requirements Foreign list of contractors Acceptance of extracts from a foreign list of contractors The contracting authority, in accordance with Section 143 of the Act, shall accept an extract from a foreign list of qualified contractors (hereinafter referred to as a foreign list ), and/or any applicable foreign certificate, issued in a state belonging to the European Economic Area, or any other state, if so stipulated in an international treaty concluded by the European Community or the Czech Republic, but only if this extract or foreign certificate was issued in the state in which the contractor s registered office or place of business or residence, is located. The extract from the foreign list, and/or any applicable foreign certificate, must be submitted by a foreign contractor in its original language with a certified translation into Czech attached, unless stipulated otherwise in an international treaty by which the Czech Republic is bound. Demonstration of the qualification requirements stipulated below must ensue from the extract from a foreign list or a foreign certificate at the level and to the extent defined by the contracting authority, i.e. a) basic qualification requirements that are analogous in the relevant state to the qualification requirements in accordance with Section 53(1) of the Act, b) professional qualification requirements that are analogous in the relevant state to the qualification requirements in accordance with Section 54 of the Act, or c) technical qualification requirements that are analogous in the relevant state to the qualification requirements in accordance with Section 56(2)(a), c) to i) of the Act, in the case of services, and Section 56(3)(a) to (c) and (e) and (f) of the Act, in the case of construction work. Age of the extract from the foreign list of contractors, other facts prescribed by the Act The extract from the foreign list must not be more than 3 months old. A foreign certificate must be valid as of the last day of the time period for demonstrating compliance with the qualification requirements. Validity of the extract, requirement for the submission of other documents for compliance with the qualification requirements An extract from a foreign list or a foreign certificate under the conditions prescribed by the Act replaces compliance with the qualification requirements pursuant to the above-mentioned provisions, or compliance with its relevant portion. If a contractor takes advantage of the option stipulated in Section 143 of the Act and demonstrates compliance with the basic qualification requirements by an extract from the list of qualified contractors, the contracting authority shall not require the submission of other documents, aside from the extract from the list of qualified contractors and documents demonstrating compliance with the basic qualification requirements Document authenticity and age and contractor s qualification changes The contractor is obliged to demonstrate compliance with the qualification requirements in the case of basic and professional qualification requirements in original or notarised copies. In the case of 5/10

6 technical qualification requirements, the contractor is entitled to submit simple copies of documents demonstrating compliance with the technical qualification requirements. Age of documents demonstrating compliance with qualification requirements Documents demonstrating compliance with the basic qualification requirements (see paragraph 1.2 of the QD) and the extract from the Commercial Register (see paragraph 1.3 of the QD) must not be more than 90 calendar days old on the last day of the time period during which the compliance with the qualification is to be demonstrated. Other requirements on demonstrating compliance with the qualifications In cases when the contracting authority requires, as part of demonstrating qualifications, the submission of a declaration of the tenderer, such a declaration must contain the particulars required by the contracting authority and must also be signed by the person entitled to act in the name or on behalf of the tenderer. A power of attorney in an original or a notarised copy must be submitted as part of the proposal if a proxy is acting on behalf of the tenderer under a power of attorney. Qualification changes If any changes in the qualifications of a contractor should occur within the time period until the release of the decision on the selection of the most suitable proposal that would otherwise result in its noncompliance with the qualification requirements in accordance with Section 60 of the Act, the contractor shall be obliged to inform the contracting authority of this fact in writing within 7 days, at the latest, as well as simultaneously submitting the required documentation proving its full compliance with the qualification requirements. This obligation shall also apply mutatis mutandis to the tenderers that are eligible to conclude the contract according to the decision of the public contracting authority in accordance with Section 81 of the Act, until the conclusion of the contract. In such cases, the tenderer with whom the public contracting authority concludes the contract, shall submit any required documents proving full compliance with the qualification requirements not later than upon the conclusion of the contract. Time period for demonstrating compliance with qualification requirements In simplified below-the-threshold procedure, the contractor is obliged to demonstrate compliance with the qualification requirements within the time period for the submission of the proposals. 6/10

7 DEFINITION OF THE REQUIREMENTS FOR DEMONSTRATING COMPLIANCE WITH QUALIFICATION REQUIREMENTS IN THE QUALIFICATION OR RELEVANT PART OF THE TENDER DOCUMENTATION 1.2 BASIC QUALIFICATION REQUIREMENTS In accordance with Section 53(1) of the Act, the basic qualification requirements are complied with by a contractor: a) not finally sentenced for a crime committed to the benefit of an organized criminal group, a crime of participating in an organized criminal group, legalisation of the proceeds from criminal activity, accessoryship, acceptance of bribes, bribery, indirect bribery, fraud, credit fraud, including cases involving the preparation for, attempt at or participation in such a crime, or if such sentences pronounced for such crimes have been expunged; in the case of a legal entity, such a qualification must be complied with by the statutory body or each member of the statutory body, and if a statutory body of a contractor or a member of the statutory body of the contractor is a legal entity, this qualification requirement must be complied with by the statutory body or each member of the statutory body of this legal entity; if a proposal or an application for participation is submitted by a foreign legal entity via its branch, the qualification under this subparagraph must, besides the persons or entities stipulated above, also be complied with by the head of this branch; the contractor must comply with this basic qualification requirement both in relation to the territory of the Czech Republic, as well as in relation to the country of the contractor s registered office, place of business or residence; b) not finally sentenced for a crime, the facts of which relate to the object of the contractor s business activities pursuant to special legislation or if such a sentence pronounced for such a crime has been expunged; in the case of a legal entity, such a qualification must be complied with by the statutory body or each member of the statutory body, and if a statutory body of a contractor or a member of the statutory body of the contractor is a legal entity, this qualification requirement must be complied with by the statutory body or each member of the statutory body of this legal entity; if a proposal or an application for participation is submitted by a foreign legal entity via its branch, the qualification under this subparagraph must, besides the persons or entities stipulated above, also be complied with by the head of this branch; the contractor must comply with this basic qualification requirement both in relation to the territory of the Czech Republic, as well as in relation to the country of the contractor s registered office, place of business or residence; c) not fulfilling the facts of unfair competition by bribery pursuant to special legislation; d) whose assets have not been subjected to insolvency proceedings, as part of which a decision was made on bankruptcy or an insolvency petition has not been rejected due to a lack of assets insufficient to cover the costs of the insolvency proceedings, or bankruptcy has not been cancelled due to the assets being entirely insufficient or forced administration imposed pursuant to special legislation, e) not in liquidation; f) with no tax arrears registered in its tax records, both in the Czech Republic and in the country of its registered office, place of business or residence; g) with no arrears in respect of public health insurance premiums or penalties thereon, both in the Czech Republic and in the country of its registered office, place of business or residence; h) with no arrears in respect of social security and state employment policy contributions or penalties thereon, both in the Czech Republic and in the country of its registered office, place of business or residence and i) with no record in the register of persons who are forbidden to pose public tenders. 7/10

8 In order to demonstrate compliance with the basic qualification requirements stipulated above, the contract shall submit: an statutory declaration, a specimen of which is attached as Annex No. 1 to these QD. It must be clear from the content of this statutory declaration that the contractor complies with all the relevant basic qualification requirements required by the contracting authority. 1.3 PROFESSIONAL QUALIFICATION REQUIREMENTS A contractor shall demonstrate compliance with professional qualification requirements by submitting: In accordance with Section 54(a) of the Act an extract from the Commercial Register or an extract from the Trade Register, if the contractor is registered therein, or an extract from any other similar register, if it is registered therein. An extract from such a register must not be more than 90 calendar days old on the last day of the time period during which compliance with the qualification is to be demonstrated. In accordance with Section 54(b) of the Act proof of authorisation to carry on business pursuant to special legislation to the extent corresponding to the subject of the public contract. 1.4 ECONOMIC AND FINANCIAL QUALIFICATION REQUIREMENTS The contracting authority does not require demonstration of compliance with economic and financial qualification requirements. 1.5 TECHNICAL QUALIFICATION REQUIREMENTS In accordance with Section 56(2)(a) of the Act The scope of the required information and documents in accordance with Section 56(7)(a) of the Act: A contractor shall submit a list of significant services it has rendered over the past three years, stipulating the scope and time period of their performance; the following must be annexed to this list: - a certificate issued by a public contracting authority, if the goods were supplied to a public contracting authority, or - a certificate issued by any other entity, if the goods were supplied to an entity other than a public contracting authority, or - an affidavit issued by the contractor, if the goods were supplied to an entity other than a public contracting authority, and at the same time it is not possible to obtain a certificate pursuant to point 2 above from such entity for reasons on the part of such other entity. Method of demonstrating compliance with these qualification requirements in accordance with Section 56(7)(b) of the Act: Submission of documents, from which compliance with the below-mentioned level of qualification requirement is clear, i.e. submission of a list of significant services, including the relevant certificates. If the contractor is unable, for objective reasons, to demonstrate compliance with the technical qualification requirements by any means as prescribed by the contracting authority, it may demonstrate them by furnishing other equivalent documents, but the public contracting authority is entitled to refuse such other documents due to objective reasons. 8/10

9 A list of significant services must be submitted by the contractor in the form of a declaration having the following structure: company name, identification number and registered office of the client, contact person of the client, including this person s telephone or , name of the significant service description of the services rendered, total scope of the performance (expressed in financial terms denominated in CZK), time period and place of the services being rendered, stipulation whether this pertains to a public or private client and information as to whether the certificate of the client, or declaration of the contractor, as the case may be, on due rendering of services is attached. The certificate of the client on the provision of services, or the declaration of the contractor (public contracting authority), must contain the following particulars: name of the client (public contracting authority), description of the services rendered, total scope of the performance (expressed in financial terms denominated in CZK), time period and place of the services being rendered. Definition of the minimum level of the qualification requirement corresponding to the type, complexity scope of the subject of the public contract performance in accordance with Section 56(7)(c) of the Act: The contractor shall comply with a technical qualification requirement if it stipulates on the list of significant services rendered over the past three years that it executed at least two contracts of a similar character as the subject of the performance of this public contract (in the area of providing effective support and services during the implementation of an European thematic network or in the area of implementing transnational cooperation within the European Social fund) worth at least CZK 1 million for each one of the contracts documented. The contractor shall attach to the list of services two certificates on the services rendered of an identical or similar character as the subject of the performance of this public contract worth at least CZK 1 million for each one of the contracts documented. The list of significant services and certificates shall be submitted by the tenderer to demonstrate its experience: in providing effective support and services during the implementation of the European Thematic Network, or with the implementation of transnational cooperation within the European Social fund, insight into the problems and experience with the facilitation of transnational cooperation. If a contractor is unable to attain such a certificate compiled by the client, it may replace it with the declaration of the contractor described above, on the condition that the services were rendered to an entity other than a public contracting authority. In accordance with Section 56(2)(e) of the Act The scope of the required information and documents in accordance with Section 56(7)(a) of the Act: The contractor shall submit a certificate of education and professional qualifications of the contractor or of its managers or persons of similar standing, and persons in charge of the rendering of the relevant services. The contractor shall submit a list of the members of its realisation team who shall participate in the performance of the public contract, particularly persons responsible for compiling the individual outputs comprising the contract and for arranging the required services of the corresponding quality, signed by the person authorised to act in the name or on behalf of the tenderer. The method of demonstrating compliance with these qualification requirements in accordance with Section 56(7)(b) of the Act: The contractor shall demonstrate compliance with the technical qualification requirement by submitting a certificate of education and professional qualification, i.e. a list of the members of its realisation team signed by the person authorised to act on the behalf of the contractor, including the curricula vitæ of all 9/10

10 the members of the realisation team, e.g. in the Europass format pursuant to the level of the qualification requirement defined below. The list of the members of the contractor s realisation team must contain at least the following particulars: - first name and surname, including titles, - current work role at which the member is employed with the contractor, - work position and type of work in the case of the performance of the subject of the contract, - level of education attained, - practice and experience to date related to the subject of the contract, - valid employment relationship vis-à-vis the contractor (relationship established under labour law, commercial law or in other form) - duration of the contractual or other relationship vis-à-vis the contractor; - specific references to the individual significant services (stipulated in the list of significant services, as the case may be), in which the relevant consultant participated. If, due to objective reasons, the contractor is unable to demonstrate compliance with the technical qualification requirements by the means prescribed by the contracting authority, it is also obliged to demonstrate them by furnishing other equivalent documents; nevertheless, a public contracting authority is entitled to refuse such other documents due to objective reasons. Definition of the minimum level of the qualification requirement corresponding to the type, and complexity scope of the subject of the public contract performance in accordance with Section 56(7)(c) of the Act: A contractor shall comply with a technical qualification requirement if it demonstrates in its proposal that the realisation team, which shall take part in the performance of this public contract, comprises at least of the following persons meeting the required criteria: Head of the realisation team one person: o at least three years practice in a field related to the subject of the contract, o English language proficiency at least at the B2 level under the Common European Framework of Reference for Languages. Key employee one person: o at least three years practice in a field related to the subject of the contract, o English language proficiency at least at the B2 level under the Common European Framework of Reference for Languages. Annex No. 1 Statutory declaration (specimen) In Prague on.... PhDr. Iva Šolcová, Director of Department 72 10/10