Invitation to tender related to a contract to organise three seminars on trade policy for civil society in new Member States

Transcription

1 EUROPEAN COMMISSION Directorate-General for Trade Directorate G - Services. Agricultural trade questions. Sustainable development The Director Brussels, Dear Sir/Madam, Subject: Invitation to tender related to a contract to organise three seminars on trade policy for civil society in new Member States 1. The European Commission is planning to conclude a contract to organise three seminars on trade policy for civil society organisations in new Member States 2. If you are interested in bidding for this contract, you should submit a tender (original plus two copies): (a) either by registered mail, posted not later than 25 August 2005 (postmark),to the following address: European Commission Directorate-General for Trade For the attention of Mr Filip Deraedt (CHAR 07/222) B Brussels (b) or by delivery (in person or by an authorised representative or private courier service) to the following address: European Commission For the attention of Mr Filip Deraedt (CHAR 07/222) Directorate-General for Trade Rue de Genève 1 B-1140 Brussels (Evère) Belgium The documents should be delivered not later than hours on 25 August 2005, and a receipt must be obtained as proof of submission, signed and dated by the official in the central delivery department who took delivery. 3. Tenders (original plus two copies) must be placed inside two sealed envelopes. Both envelopes should mention the following reference: TRADE05/G3/G14 The inner envelope, addressed to the department indicated in the invitation to tender, should be marked: 'Invitation to tender related to a contract to a contract to organise three seminars on trade policy for civil society in new Member States - Not to be opened by the internal mail department'. If self-adhesive envelopes are used, they must be sealed with adhesive tape and the tenderer must sign across this tape.

2 4. The Terms of Reference, listing all the documents that must be produced in order to tender, including supporting evidence of economic, financial, technical and professional capacity, and the draft contract are enclosed. Your attention is drawn in particular to the provisions setting out the compulsory content of the offer (points 9 and 10 of the Terms of Reference) 5. Tenders must be: - signed by the tenderer or his duly authorised representative; - perfectly legible so that there can be no doubt as to words and figures. 6. Period of validity of the tender, during which the tenderer may not modify the terms of his tender in any respect: 9 months after the closing date of 25 August Submission of a tender implies acceptance of all the terms and conditions set out in this invitation to tender, in the Terms of Reference, and in the draft contract, and, where appropriate, waiver of the tenderer s own general or specific terms and conditions. It is binding on the tenderer to whom the contract is awarded for the duration of the contract. 8. Contacts between the contracting department and tenderers are prohibited throughout the procedure save in exceptional circumstances and under the following conditions only: - Before the final date for submission of tenders: * At the request of the tenderer, the contracting department may provide additional information solely for the purpose of clarifying the nature of the contract. Any requests for additional information must be made in writing only to: European Commission Directorate-General for Trade For the attention of Rupert Schlegelmilch Head of Unit G/3 CHAR 8/3 B Brussels Rupert.Schlegelmilch@cec.eu.int Requests for additional information received less than six calendar days before the closing date for submission of tenders will not be processed. * The Commission may, on its own initiative, inform interested parties of any error, inaccuracy, omission or any other clerical error in the text of the call for tenders. * Any additional information including that referred to above will be sent simultaneously to all (tenderers who have requested the specification) (candidates invited to tender). - After the opening of tenders 2

3 If clarification is required or if obvious clerical errors in the tender need to be corrected, the contracting department may contact the tenderer provided the terms of the tender are not modified as a result. 9. This invitation to tender is in no way binding on the Commission. The Commission's contractual obligation commences only upon signature of the contract with the successful tenderer. Up to the point of signature, the contracting department may either withdraw from the contract or cancel the procurement procedure, without the candidates or tenderers being entitled to claim any compensation. This decision must be substantiated and the candidates or tenderers notified. 10. You will be informed whether or not your tender has been accepted. Director João Aguiar Machado 3

4 TERMS OF REFERENCE Related to a contract to organise three seminars on trade policy for civil society in new Member States 1. INTRODUCTION OR MISSION STATEMENT OF THE DIRECTORATE GENERAL FOR TRADE (DG TRADE): DG Trade is in charge of conducting the European Union's commercial policy in accordance with the objectives set out in Article 133 of the Treaty. Trade policy plays a key role in the EU's relations with the rest of the world. The EU is one of the most important players in international trade, accounting for a fifth of all world trade. The EU s common commercial policy enables its 25 members to speak with one voice on the international stage. This policy covers all the main aspects of trade in goods and services: tariff and non-tariff barriers, trade defence, key aspects of intellectual property, investment and competition, bilateral agreements, participation in the multilateral World Trade Organisation, through which the common commercial policy has developed into setting and implementing multilateral trade rules. The EU is committed to harnessing globalisation in the interests of sustainable development and to including developing countries more fully in the world trading system so that all countries may share its benefits. 2. THE PROJECT FOCUS OR CONTEXT OF THE PROJECT Since 1998, the European Commission has stepped up its efforts to develop a confident working relationship among all interested parties in the trade policy field. It wishes to enable all contributions to EU trade policy to be heard through a civil society dialogue process intended to put into practice the European Commission's philosophy of open governance as expressed in the 2001 White Paper on European Governance. The dialogue is open to all EU not-for-profit civil society organisations, as well as to their affiliates in developing countries. By civil society, we mean a range of organisations which includes: the labour-market players (i.e. trade unions and employers federations the "social partners)"); organisations representing social and economic players, which are not social partners in the strict sense of the term (for instance, consumer organisations); NGOs (nongovernmental organisations), which bring people together in a common cause, such as environmental organisations, human rights organisations, charitable organisations, educational and training organisations, etc.; community-based organisations set up within society at grassroots level which pursue member-oriented objectives, e.g. youth organisations, family associations and all organisations through which citizens participate in local and municipal life; and faith-based organisations. DG Trade takes responsibility for organising the dialogue and encourages colleagues from all Commission services to participate. Member State representatives and Members of the European Parliament are also welcome to take part, in addition to their normal channels for relations with the European Commission. The civil society dialogue process is intended to focus on issues on which, with a finite period of work, issues can be raised and tested, mutual understanding of concerns can be 4

5 improved and better contacts among key players established. The choice of topics is based on these needs, and not on the relative importance of the issues on the trade policy agenda. The European Commission (DG TRADE) now wishes to encourage civil society organisations in the new Member States to become better acquainted and more involved with this outward-looking dimension of EU policy. It wishes to hold three seminars targeting these organisations, to raise their awareness of and expertise in relevant issues and to encourage their active participation in civil society dialogue. 3. OBJECTIVES The objectives of this series of seminars are: a) To inform civil society organisations about the policies and actions of DG Trade, so as to improve understanding of the workings of this strand of policy in the EU. b) To raise awareness of trade issues in a global context, for instance, with respect to the World Trade Organisation Doha Development Agenda negotiations in particular. c) To encourage the building of civil society organisations in new Member States through fostering links: between participants and DG TRADE services among participating organisations in new Member States among civil society organisations in the EU as a whole, building networks across the 25 Member States. d) To encourage the active participation of new Member State civil society organisations in DG Trade s process, and other civil society dialogue processes, through attendance at future meetings and, potentially, through their own projects. 4. WORK TO BE CARRIED OUT / SERVICES TO BE RENDERED 4.1. Specific tasks The contractor will be responsible for the organisation of the three seminars taking into account the following requirements: Location It is the responsibility of the contractor to select locations, to be approved by the European Commission, based on the following criteria: easy accessibility, convenience for participating organisations, availability of accommodation at reasonable prices. Duration of the seminars Each seminar will last up to two full working days. The timetabling should allow enough time after the first seminar to adjust the programme to apply any lessons learnt from that event. Content of the seminar The contractor will be responsible for preparing the seminar programmes in cooperation with DG Trade. The programmes should be adapted to the needs of the different regions. 5

6 The EU permanent representation in the countries will provide if necessary support to that regard. The programme, to be developed by the contractor, should cover at least the following topics: - information about DG Trade policies and actions - Information on WTO (multilateral) and regional negotiations - Impact/influence/importance of these policies and negotiations on Civil society. Participants and speakers Approximately 30 participants should be invited to each seminar. These participants should represent a balanced range of organisations (employer s organisations, trade unions, non-governmental organisations) representing different interests (economic, environment, social). Speakers/participants should include representatives from organisations that have actively taken part in this dialogue process in the EU 15, able to share their experience and to help build networks across an enlarged EU. The contractors will suggest speakers and submit its choice for the approval of the Commission. Steering Committee In order to ensure balanced organisation of these events, a steering committee should be set up for each seminar. An inception meeting will be held in Brussels; subsequent meetings may be organised through teleconferences if convenient. The Representation of the European Commission in the country selected will be informed and involved whenever appropriate. The steering committee must be involved with the different steps of the organisation of the events and in particular in the setting up of: - list of invitees - topics to be addressed during the seminars - reviewing of the report of the seminars A representative of the Commission is to be an ex-officio member of each steering committee. Notices of meetings, background papers and other information needed for effective running of the events shall be developed in consultation with the Commission and made available to participants via a dedicated website. Working languages and interpretation The working language of the seminars will be English.. The contractor should ascertain what language(s), if any, might usefully be provided in simultaneous interpretation to and from English if feasible within the budget. The contractor should contact the EC Permanent Representation in the countries where the events will take place to try and produce some material in the languages of the participants. 6

7 Venue and logistics Subsequent to consultation with DG Trade, the contractor will organise suitable venues for the seminars. Such venues must offer a high standard of conference facilities, e.g. PowerPoint, photocopying facilities, interpretation facilities if appropriate, etc. If these facilities are not already offered at the venue, the contractor will be responsible for ensuring that they are available for the duration of the seminars at a competitive price. The contractor will organise appropriate conference staff to assist seminar participants with organisational issues, e.g. registration, distribution of name badges, etc. The contractor will organise suitable refreshment facilities for seminar participants, e.g. coffee, tea, water and soft drinks, for consumption during the morning and afternoon refreshment breaks. The contractor will organise a competitively priced, modest lunch and refreshments for seminar participants on each day of the two seminars.. The contractor will organise and be responsible for adequate security at the venue. Travels and accommodation The contractor will organise the travel bookings for participants and speakers. Participants travel costs will be covered according to the Article II.7 of the general conditions. Reasonably-priced bed-and-breakfast accommodation will also be covered for participants whose home base is outside the venue city. Speakers travel and accommodation costs will also be reimbursed according to Article II.7 of the general conditions Contractor s Expertise The contractor will be expected to have knowledge of trade and sustainable development issues. The contractor should organise the seminars in close cooperation with a local organisation or with an organisation which has an office in the countries selected as venues. The consultant will propose a local contact to the Commission for approval. The local contact must work closely with the officials of the European Commission indicated by DG Trade (Brussels) and in the countries in which the seminars will take place Advertising and Reporting Requirements Advertising The contractor will take appropriate measures to advertise the seminars in a timely fashion among interested stakeholders. All information related to this seminar should be published on the Web site of the consultant. The contractor will liaise with the media in the countries in which the seminars take place in order to ensure appropriately targeted coverage of the event. Press releases before and after the events would be appropriate. 7

8 Participants must be made aware that the EU is financing the event. The EU logo must appear on all documents. If feasible, the European flag/logo must appear in the seminar rooms. The EU Representation in the countries of the seminar can be involved in the preparation and implementation of the seminar. Reporting For each seminar, reports which should be delivered to DG Trade are: I. Reports of meetings of the Steering Committee; II. A complete report in English of the seminar including: 1. Proceedings of the seminar 2. List of participants and contact details 3. A set of actions suggested as follow up of the seminar 4. Lessons learned and recommendations for subsequent seminars 3. An executive summary including: a) An analysis of the discussions including main points and conclusions b) Actions proposed by participants of the seminar, if appropriate Timetable for reporting: Reports of the meetings of the Steering Committee should be issued one week after each meeting/decision; A complete draft report should be delivered to DG Trade 30 days after the end of each seminar. The reports will be in English. 5. TIMING The duration of the project is 12 months 6. BUDGET The budget of the contract, including all costs is estimated not to exceed Euro for its total duration. The tenderer should however be aware that the contract award criteria are based on the economically most advantageous tender. 7. PAYMENT Payment shall be made in Euro ( ). Remuneration: Payment shall be made in 3 instalments on submission to the Commission by the Contractor of duly established invoices. Reimbursements: 8

9 Travel and related costs can be invoiced according to the amount agreed in the contract. For the reimbursable costs, payment shall be made following presentation of original receipts (plus one copy) as part of the main payment. 8. CONTRACTUAL CONDITIONS In drawing up his bid, the tenderer should bear in mind the provisions of the standard contract attached to this invitation to tender (see annex 4). This contract will be proposed to the successful tenderer. By submitting an offer, the tenderer accepts the conditions of this contract. 9. THE TENDER MUST INCLUDE: All the information and documents required by the authorising department for the appraisal of tenders on the basis of the exclusion, selection and award criteria set out at points 11,12 and 13; Tender submission form and tenderer s declaration; 1 The details of educational and professional qualifications of the persons providing the services and statement of exclusivity and availability; A planning of the works, including the delay for delivery of each report and document; A fixed price: using the quotation form, the contractor will provide a total cost for the honoraria, the reimbursement of travels and the daily allowances; Tenders from consortiums of firms or groups of service providers must specify the role, qualifications and experience of each member or group; Legal status of the company/organisation (certificate of trade registration); Name and title of the person entitled to sign; Complete banking references using banking reference form in annex 1; VAT N (certificate of VAT registration). Wherever the tenderer is a consortium of firms or groups of service providers, the above mentioned information (from Legal status to VAT N ) must be provided for each member or group. The tender should also make clear the legal status of the consortium. 10. QUOTATION OF PRICES Prices must be quoted in EUR ( ) using the conversion rates published in the C series of the 'Official Journal of the European Communities' on the day when this invitation to tender was sent out. Prices must be fixed amounts that are non-revisable. The offer should also indicate the prices for unit of time (either in EUR per hour, day or month) that are fixed and non-revisable amounts. Estimated travel and subsistence expenses must be indicated separately. This estimate should be based on article II.7 of the 'General Conditions' of the contract (see annex 4) and include any travel required to meet representatives of DG Trade. 1 Including satisfactory evidence that the candidate or tenderer is not in one of the situations described in point a), b), d) or (e) of exclusion criteria 9

10 In any event, it should represent the maximum amount of travel and subsistence expenses payable for all the services provided. Prices should be quoted free of all duties, taxes and other charges, including VAT, as the Communities are exempt from such charges under Articles 3 and 4 of the Protocol on the privileges and immunities of the European Communities. 11. EXCLUSION CRITERIA: Tenderers shall be excluded from participation in 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 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. Tenderers must certify that they are not in one of the above-mentioned situations. The following information is accepted as satisfactory evidence that the candidate or tenderer is not in one of the situations described in point (a), (b) or (e), production of 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. The contracting authority shall accept, as satisfactory evidence that the candidate or tenderer is not in the situation described in point (d), a recent certificate issued by the competent authority of the State concerned. Where no such certificate is 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. Depending on the national legislation of the country in which the tenderer or candidate is established, the documents referred to in the above paragraphs shall relate to legal persons and/or natural persons including, where considered necessary by the contracting authority, company directors or any person with powers of representation, decisionmaking or control in relation to the candidate or tenderer. 10

11 Wherever the tenderer is a consortium of firms or groups of service providers, the above mentioned information must be provided for each member or group. 12. SELECTION CRITERIA MINIMUM QUALIFICATIONS REQUIRED The following information, concerning the service provider's own position and the information and formalities necessary for an appraisal of the minimum economic and technical standards required of him, should be supplied: Details of educational and professional qualifications of the proposed experts providing the services (detailed CVs have to be included for this contract). This should clearly indicate: their expertise in and their knowledge trade issues as well as their ability to organize such events in the new Member States. And A list of the principal related projects that were carried out under the applicant s direct responsibility over the past three years proving experience in Trade issues and organisations of seminars. Evidence of the tenderer s logistical capacity to perform the tasks involved in this contract notice. Evidence of the tenderer s financial and economic capacity to perform the tasks involved in this contract notice. For this purpose all tenderers must provide a full set of financial statements (comprising at least a balance sheet and profit and loss account) for the last two financial years (or the annual budget of the last two years in the case of semi-public or non-profit organisations), where the tenderer is required by law to produce such statements. NB 1. Where the relevant company law requires these financial statements to be audited, the auditors statement should be included. 2. Where the tenderer is not required to produce full financial statements, other internal reports or management accounts establishing financial capacity should be submitted. Tenderers may also supply one or more of the following additional references as evidence of financial and economic capacity : o appropriate bankers' statements; and/or o evidence of professional risk indemnity insurance; and/or o an officially certified statement of earnings relating to the subject of this call for tender over the last 3 financial years. 11

12 The Commission will conclude a contract following this tender with a single legal counterparty. Where the tenderer that will complete the contract represents a consortium of firms or groups of service providers, the above mentioned financial information must be provided for each member or group. Where the tenderer wishes to sub-contract or otherwise rely on the capacities of other entities, it must in that case prove that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Where the successful tenderer is an individual, a partnership of individuals, or a sole trader, it will be expected to demonstrate that continuity of service can be guaranteed. The Commission will consider, inter alia, the risk to successful project completion that would be occasioned by the death or resignation of one or more of the individuals involved. Only those proposals which meet all the Selection Criteria will be carried forward for assessment under the Award Criteria. 13. AWARD CRITERIA FOR THE CHOICE OF THE CONTRACTOR Contracts may 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. The contract will be awarded to the economically most advantageous tender. Criteria to be applied are: price (estimated according to the provisions of Annex 2 of Terms of reference), and quality in terms of technical quality of the offer including: Proposed arrangements put in place for the organisation of the workshops (35%) Proposed methodology and approach (25%) Size and team composition (20%) logistical organisation and administrative support of local contacts (20%) Contact In case of difficulty please contact: Ms Eva Kaluzynska - tel: Additional information 12

13 DG Trade Web site on the Europa server of the European Commission see: Enclosures of the Terms of reference: Annex 1: Annex 2: Annex 3: Annex 4: Tender submission form including tenderer s declaration, statement of exclusivity and availability, banking references form and legal entities form Quotation form for unit prices Provisions related to tenders and the award of contracts Model of contract, which will be proposed to the selected Contractor. 13

14 ANNEX 1. TENDER SUBMISSION FORM TENDERER'S DECLARATION(S) STATEMENT OF EXCLUSIVITY AND AVAILABILITY BANKING REFERENCES FORM LEGAL ENTITIES FORM 14

15 TENDER SUBMISSION FORM Contract to organise three seminars on trade policy for civil society in new Member States One signed original and two copies of this form and each of the documents mentioned in it must be supplied. 1 SUBMITTED by Tenderer name * * In the case of a consortium, insert the agreed name of the consortium 2 CONTACT PERSON (for this tender) Name Address Telephone Fax 3 STATEMENT I, the undersigned, being the authorised signatory of the above tenderer (including all consortium partners, in the case of a consortium), hereby declare that we have examined and accept without reserve or restriction the entire contents of the tender dossier for the tender procedure referred to above. We offer to provide the services requested in the tender dossier on the basis of the following documents, which comprise our Technical offer, and our Financial offer, which is submitted in a sealed envelope: Organisation & Methodology Key experts (comprising a list of the key experts and their CVs) Tenderer's declaration (see below) and documents as specified in the tender specifications (including one from every consortium partner, in the case of a consortium) Statements of exclusivity and availability signed by each of the key experts Unit prices quote 15

16 Our bank account details are described in the attached financial identification form (see the form below after the statement of exclusivity and availability) This tender is subject to acceptance within the validity period stipulated in the Invitation to tender. Signed on behalf of the tenderer. Name Signature Date 16

17 TENDERER'S DECLARATION(S) To be completed and signed by the tenderer (including one from each consortium partner, in the case of a consortium). [On headed notepaper] European Commission, Directorate General for Trade, Directorate G, Unit G3 Att: Mr Rupert Schlegelmilch Office: CHAR 8/3 B-1049 Brussels Your ref: < Publication reference > Dear Sir/Madam TENDERER'S DECLARATION In response to your letter of invitation to tender for the above contract, we hereby declare that we: nominate the following person to act on our behalf for the purposes of this tender and any subsequent contract based on it: Name Position Organisation reconfirm (and produce the correspondent certificates) that we are not in any of the situations excluding us from participating in contracts 2 agree to abide by the highest ethical standards and, in particular, have no potential conflict of interests will inform the Commission immediately if there is any change in the above circumstances at any stage during the tender procedure or during the implementation 2 Tenderers shall be excluded from participation in 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 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. 17

18 of the contract; and fully recognise and accept that any inaccurate or incomplete information deliberately provided in this tender may result in our exclusion from this and other contracts funded by the European Communities. Yours faithfully <Signature of authorised representative of the tenderer> < Name and position of authorised representative of the tenderer > 18

19 STATEMENT OF EXCLUSIVITY AND AVAILABILITY 3 I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer < tenderer name > in the above-mentioned service tender procedure. I further declare that I am able and willing to work for the position for which my CV has been included in the event that this tender is successful. I confirm that I am not engaged in another EC-funded project or contract, in a position for which my services are required beyond the expected starting date of my services under this tender. Name Signature Date 3 To be completed by all key experts 19

20 BANKING REFERENCES FORM AND LEGAL ENTITY FORM Please complete and sign: - the financial identification form below. - the form below providing details on the legal entity : select either the public entity form, the private entity form or the form for individuals 20

21 FINANCIAL IDENTIFICATION ACCOUNT HOLDER NAME ADDRESS TOWN/CITY POSTCODE COUNTRY VAT NUMBER CONTACT PERSON TELEPHONE FAX E - MAIL BANK BANK NAME BRANCH ADDRESS TOWN/CITY POSTCODE COUNTRY ACCOUNT NUMBER IBAN (optional) REMARKS : BANK STAMP + SIGNATURE of BANK REPRESENTATIVE DATE + SIGNATURE of ACCOUNT HOLDER : (Both Obligatory) (Obligatory) 21

22 LEGAL ENTITY FORM other languages available on PUBLIC ENTITIES (established by law, resolution, decree or decision) TYPE OF ENTITY (LEGAL FORM) NAME(S) ABBREVIATION OFFICIAL ADDRESS POSTAL CODE P.O. BOX CITY COUNTRY VAT PLACE OF REGISTRATION DATE OF REGISTRATION D D M M Y Y Y Y REGISTRATION NR PHONE FAX CONTACT PERSON PLEASE SEND US THIS "LEGAL ENTITY" FORM ACCOMPANIED BY THE FOLLOWING: * A COPY OF THE RESOLUTION, LAW, DECREE OR DECISION ESTABLISHING THIS LEGAL ENTITY * IF NOT AVAILABLE: A COPY OF ANY OTHER OFFICIAL DOCUMENT WHICH PROVES TH DATE: STAMP NAME AND FUNCTION OF THE AUTHORISED REPRESENTATIVE SIGNATURE 22

23 LEGAL ENTITY FORM other languages available on PRIVATE ENTITIES TYPE OF ENTITY (LEGAL FORM) NAME(S) ABBREVIATION ADDRESS OF THE HEAD OFFICE POSTAL CODE P.O. BOX CITY COUNTRY VAT PLACE OF REGISTRATION DATE OF REGISTRATION D D M M Y Y Y Y REGISTRATION NR PHONE FAX CONTACT PERSON PLEASE SEND US THIS "LEGAL ENTITY" FORM ACCOMPANIED BY THE FOLLOWING: * A COPY OF ANY OFFICIAL DOCUMENT (FOR EXAMPLE: REGISTRATION OFFICE, THE MONITOR, ) WHICH DATE AND SIGNATURE 23

24 LEGAL ENTITY FORM other languages available on This information is to be stored in the Commission's accounting records for use in its payment procedures. Commission staff carrying out such procedures will be able to consult it for this purpose. INDIVIDUAL TITLE NAME FIRST NAME (NAME 2) (NAME 3) OFFICIAL ADDRESS POSTAL CODE P.O. BOX TOWN/ CITY COUNTRY VAT NR IDENTITY CARD NUMBER PASSPORT NUMBER O O DATE OF BIRTH D D M M Y Y Y Y PLACE OF BIRTH COUNTRY OF BIRTH PHONE FAX PLEASE SEND US THIS "LEGAL ENTITY" FORM DULY COMPLETED AND ACCOMPANIED BY A CLEAR COPY OF THE IDENTITY CARD OR PASSPORT DATE AND SIGNATURE 24

25 ANNEX 2. QUOTATION FORM FOR PRICE Tenderers are required to quote a fee rate for all of the following tasks A. UNIT RATES COSTS Country Unit Nb. Unit Honoraria (including overheads) - Project Director - Project assistant(s) - Finance officer - Senior seminar coordinator - Seminar managers - Speaker(s) Sub Total A. B. REIMBURSABLE B1. For project staff: Travel: Daily allowances: B2. For participants Travel: Daily allowances: B3. For speakers Travel: Daily allowances: B4. Other expenses: - Preparatory work (documentation, information, web site, etc) - Logistics - Venue - Lunch and refreshments - Hosts/Hostesses - Interpretation/translation - other costs Subtotal B TOTAL estimated COST of contract Rates per Unit (Euro) TOTAL (EUR)... 25

26 ANNEX 3. PROVISIONS RELATING TO TENDERS AND THE AWARD OF CONTRACTS ARTICLE 1 Tenders 1.1 The submission of a tender in response to an invitation to tender issued by the Commission, including the Joint Research Centre, entails: (i) acceptance by the tenderer of all the terms and conditions stipulated in the invitation to tender, in this document (general terms and conditions applicable to contracts) and in the special terms and conditions, if any; (ii) waiver of the tenderer s own terms of business. Save as otherwise expressly provided in the invitation to tender, the tenderer shall be bound by his tender for a period of nine months from the date on which it was forwarded to the Commission. 1.2 Tenders must: (i) be drawn up preferably on the tenderer s headed paper or on the Commission s reply form; (ii) be signed by the tenderer or his duly authorised agent; (iii) be perfectly legible in order to rule out any doubt whatsoever concerning the words or figures; (iv) be submitted inside two sealed envelopes; the inner envelope addressed to the department indicated in the invitation to tender, should be marked Invitation to tender Not to be opened by the internal mail department ; If self-adhesive envelopes are used, they shall be sealed with adhesive tape and the tenderer shall sign across this tape; (v) be sent not later than the final date specified in the invitation to tender, either by registered post, the postmark being conclusive in this respect, or delivered by hand, in which case a dated receipt must be obtained from the Commission. ARTICLE 2 Prices 2.1 The Commission, including the Joint Research Centre, enters into contracts and makes payments in euros. Prices must accordingly be expressed in euros. 2.2 Tenders shall indicate separately the total contract price and, if the special terms and conditions or equivalent documents so require, each of its constituent parts together with any taxes, customs duties, and packing, carriage and/or insurance costs. Assembly costs and the cost of any other services forming an integral part of the supplies must be shown separately, in accordance with any instructions to this effect laid down in the special terms and conditions. 2.3 The Communities are exempt from customs duties, indirect taxes and sales taxes under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ No 152, 13 July 1967). Exemption is granted to the Commission by the governments of the Member States, either through refunds upon presentation of documentary evidence or by immediate exemption. The successful tenderer shall be given the necessary instructions by the Commission. 2.4 If an invitation to tender relates specifically to several items or lots, the tenderer shall quote separately for each item or lot for which he is tendering. He may indicate any price reduction he is prepared to grant in the event of being awarded a contract either for all the items or lots or for a specified group of items or lots. 26

27 He may also make his tender conditional on being awarded the entire contract or a specified part thereof. 2.5 Save as otherwise expressly provided in the invitation to tender, the contract prices shall be firm and not subject to revision. ARTICLE 3 Awarding of contracts 3.1 The contracts shall take the form of a written agreement between the parties. 3.2 A contract shall be concluded upon notification to the tenderer that his tender has been accepted. Such notification shall be in the form of a purchase order or letter. 3.3 If the acceptance does not conform in all respects to the tender or if notification is received after the period of validity of the tender has expired, conclusion of the contract shall be subject to the tenderer s agreement in writing. 3.4 The contract may also take the form of a service contract, in which case the general terms and conditions set out in Annex 4 shall apply. 3.5 The Commission reserves the right to conclude the contract in the form of a framework contract, particularly in cases where the exact quantities and the precise timing of delivery or execution cannot be specified in advance. The framework contract is binding on both parties as regards elements which are fixed inalterably and unequivocally at the time at which the contract is concluded, such as price, subjectmatter, basic implementing procedures, and duration. ARTICLE 4 No obligation to award the contract Initiation of a tendering procedure imposes no obligation on the Commission to award the contract. Should the invitation to tender cover several items or lots, the Commission reserves the right to award a contract for only some of them. The Commission shall not be liable for any compensation with respect to tenderers whose tenders have not been accepted. Nor shall it be so liable if it decides not to award the contract. 27

28 ANNEX 4. MODEL CONTRACT 28

29 EUROPEAN COMMISSION Directorate-General for Trade Directorate G - Services. Agricultural trade questions. Sustainable development The Director SERVICE CONTRACT CONTRACT NUMBER SI The European Community (hereinafter referred to as "the Community"), represented by the Commission of the European Communities (hereinafter referred to as "the Commission"), which is represented for the purposes of the signature of this contract by: Mr. Joao AGUIAR MACHADO, Director, Directorate G, On behalf of the Directorate General for Trade of the one part, and [official name in full] [official legal form] 4 [statutory registration number] 5 [official address in full] [VAT registration number] (hereinafter referred to as "the Contractor" 6 ), represented for the purposes of the signature of this contract by [name in full and function,] of the other part, HAVE AGREED the Special Conditions and the General Conditions below and the following Annexes: Annex I Tender Specifications and Monitoring 4 Delete if contractor is a natural person or a body governed by public law. 5 Delete if contractor is a body governed by public law. For natural persons, indicate the number of their identity card or, failing that, of their passport or equivalent. 6 In the case of a joint offer and provided the invitation to tender so specifies, the following clause should be added below the identification of the parties: The parties identified above and hereinafter collectively referred to as the Contractor shall be jointly and severally liable vis-à-vis the Commission for the performance of this contract. 29

30 Annex II Contractor's Tender 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 Annexes. The terms set out in the Tender Specifications (Annex I) shall take precedence over those in the Tender (Annex II). 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 the Commission, subject to the rights of the Contractor under Article I.7 should he dispute any such instruction. 30

31 I SPECIAL CONDITIONS ARTICLE I.1 - SUBJECT I.1.1. The subject of the Contract is to organise three seminars on trade policy for civil society in new Member States I.1.2. The Contractor shall execute the tasks assigned to him in accordance with the Tender Specifications annexed to the Contract (Annex I). 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. Execution of the tasks may under no circumstances begin before the date on which the Contract enters into force. I.2.3. The duration of the tasks shall not exceed 12 months. This period and all other periods specified in the Contract are calculated in calendar days. Execution of the tasks shall start from date of entry into force of the Contract. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses. ARTICLE I.3 CONTRACT PRICE I.3.1. The total amount to be paid by the Commission under the Contract shall be EUR [amount in figures and in words] covering all tasks executed. I.3.2. In addition to the total amount specified in Article I.3.1, travel, subsistence and shipment expenses shall be reimbursed in accordance with Article II.7, as shall other expenses provided for by the Tender Specifications up to a maximum amount of EUR [amount in figures and in words]. 31

32 The detailed remuneration of the Contractor for carrying out the duties as described in the Technical specifications is indicated in the table hereinafter: COSTS TOTAL (EUR) A. UNIT RATES.. Honoraria (including overheads) : - Project Director - Project assistant(s) - Finance officer - Senior seminar coordinator - Seminar managers - Speaker(s) Sub Total A. B. REIMBURSABLE B1. For project staff: Travel: Daily allowances: Subtotal B1 B2. For participants Travel: Daily allowances: B3. For speakers Travel: Daily allowances: Subtotal B2 + B3 B4. Other expenses: - Interpretation and related costs - Preparatory work (documentation, information, web site, etc) - Logistics - Venue - Lunch and refreshments - Hosts/Hostesses - Interpretation - other costs Subtotal B4 TOTAL estimated COST of contract

33 ARTICLE I.4 PAYMENT PERIODS AND FORMALITIES Payments under the Contract shall be made in accordance with Article II.4. Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted. Payment requests may not be made if payments for previous periods have not been executed as a result of default or negligence on the part of the Contractor. I.4.1. Pre-financing: Following signature of the Contract by the last contracting party, within thirty days of the receipt by the Commission of a request for pre-financing with a relevant invoice a pre-financing payment of - EUR [complete amount in figures and in words] equal to 30% of the total amount for Honoraria (subtotal A of the budget) - EUR [complete amount in figures and in words] equal to 20% of the total value for travel expenses for participants and speakers and for expenses related to the workshops (subtotal B2 + B3 and B4 of the budget) shall be made. I.4.2 Interim payment: Requests for interim payment by the Contractor shall be admissible if accompanied by: an interim technical report in accordance with the instructions laid down in Annex I the relevant invoices statements of reimbursable expenses in accordance with Article II.7 provided the report has been approved by the Commission. The Commission shall have forty-five days from receipt to approve or reject the report, and the Contractor shall have thirty days in which to submit additional information or a new report. Within thirty days of the date on which the report is approved by the Commission, an interim payment corresponding to - EUR [complete amount in figures and in words] equal to 30% of the total amount for Honoraria (subtotal A of budget) - EUR [complete amount in figures and in words] equal to 40% of the total value for travel expenses for participants and speakers and for expenses related to the workshops (subtotal B2 + B3 and B4 of the budget) shall be made. 33

34 I.4.3. Payment of the balance: The request for payment of the balance of the Contractor shall be admissible if accompanied by the final technical report in accordance with the instructions laid down in Annex I the relevant invoices statements of reimbursable expenses in accordance with Article II.7 provided the report has been approved by the Commission. The Commission shall have forty-five days from receipt to approve or reject the report, and the Contractor shall have thirty days in which to submit additional information or a new report. Within thirty days of the date on which the report is approved by the Commission, payment of the balance corresponding to [EUR complete amount in figures and in words] to complete the total amount referred to in Article I.3.1 shall be made. The balance of the reimbursable expenses (B1 + B2 + B3 and B4) shall be paid upon production of original supporting documents, including receipts and used tickets, up to the maximum amount indicated in article [For Contractors established in Belgium, the provisions of the Contract constitute a request for VAT exemption No 450, provided the Contractor includes the following statement in his invoice(s): Exonération de la TVA, article 42, paragraphe 3.3 du code de la TVA or an equivalent statement in the Dutch or German language.] [For Contractors established in Italy, the provisions of the Contract constitute a request for VAT exemption, provided the Contractor includes the following statement in his invoice(s): Operazione non imponibile ai sensi dell articolo 72, comma 3) paragrafo 3 del D.P.R. n. 633 del 26/10/1972 come modificato da ultimo dal D.L. n. 323 del 20/06/1996 convertito in Legge n. 425 dell 8/8/1996.] ARTICLE I.5 BANK ACCOUNT Payments shall be made to the Contractor s bank account denominated in euro, identified as follows: Name of bank: [complete] Address of branch in full: [complete] Exact designation of account holder: [complete] Full account number including codes: [complete] [IBAN 7 code: [complete]] ARTICLE I.6 GENERAL ADMINISTRATIVE PROVISIONS 7 BIC code for countries with no IBAN code. 34

35 The requests of payment have to be sent to the following address: European Commission Directorate-General for Trade Unit A.1 Accounting Officer CHAR 07/226 B Brussels Any communication relating to the Contract shall be made in writing and shall bear the Contract number. Ordinary mail shall be deemed to have been received by the Commission on the date on which it is registered by the department responsible indicated below. Communications shall be sent to the following addresses: Commission: European Commission Directorate-General for Trade Mr. Rupert Schlegelmilch Head of Unit G3 CHAR 8/3 B Brussels Telephone: Telefax: 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 the national substantive law of the country in which the competent authorising officer has his place of employment, as provided by the internal rules for the implementation of the budget. 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 the place of employment of the competent authorising officer, as provided by the internal rules for the implementation of the budget. ARTICLE I.8 DATA PROTECTION Any personal data included in the Contract shall be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. It shall be processed solely for the purposes of the performance, management and follow-up of the Contract by European Commission, DG Trade without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in 35