E-Bulletin/Newsletter:
OPEN CALL FOR PROPOSALS
EPIMELITIRIO KAVALAS (Chamber of Kavala)
(Greece),
ASOCIATIA PROFESIONALA VITIVINICOLA TERASELE DUNARII OSTROV
(Romania)
OPEN CALL FOR PROPOSALS
01/2023
TENDER SPECIFICATIONS
For the project
European Culinary Delights!
Acronym: EUCuDe (101094577)
Promotion of EU PDO/PGI products to the third countries
(United Kingdom and United States)
Regulation (EU) 1144/2014 of the European Commission and of the European Parliament.
AGRIP-MULTI-2022-TC-ALL Call for proposals for multi programmes 2022 –
Promotion of agricultural products
Type of Action: AGRIP-PJG
Table of Contents
1.3 Short description and scope of the contracts
1.7.Deadline for submission of tenders and opening of tenders
1.8 Principles applied at the procedure
3.1.1 Communication – Access to Tender documents
3.1.2 Questions - Clarifications
3.2 Eligibility –Selection criteria
3.3.2 Rating and ranking of tenders
3.4.2 Time and place of submission of tenders
3.4.6 Reasons for rejecting tenders
4.1 Opening and evaluation of tenders
4.2 Call to temporal contractor – Submission of supporting documents.
4.5 Cancelation of the procedure
5.5Termination of the contract
6.2 Deposal of Contractor - Sanctions
6.3 Appeals in the process of contract performance
6.4 Judicial settlement of disputes
6.5 Monitoring of the contract
6.7Acceptance of contract scope
6.8Contract Termination - Subrogation of Contractor
ANNEX Ι – Analytic description of Contract Scope
Part A– Description of the Scope of the Contract
Part B - Technical Specifications
Part C – Value of the contract
ANNEX ΙΙ – Technical and Professional Reference
ANNEX ΙΙI – Declaration of Honor
ANNEX ΙV – Supporting certificates of Contractor
ANNEX VI – Letter of Guarantee
Specimen of Performance Guarantee
ANNEX VII – Specimen of Service Contract
1. Contracting Authorities and scope of service contract
1.1 Scope of the tender
The organisations:
- Epimelitirio Kavalas (Chamber of Kavala) - Coordinator,
- Asociatia Profesionala vitivinicola Terasele Dunarii (Ostrov) - Partner
(hereinafter Contracting Authorities) are conducting an open Call for Tenders regarding the Multinational Program EUCuDe_101094577. The assignment criterion is the most advantageous economically tender based on the best quality – price ratio, in order to select the Agency (-ies) that will implement the EUCuDe – 101094577 submitted under AGRIP-MULTI-2022 (Call for proposals for multi programmes 2022 – Promotion of agricultural products) Topic: AGRIP-MULTI-2022-TC-ALL in the frame of Regulation (ΕE) 1144/2014 of the European Parliament and the Council of Reg (ΕΕ) 2015/1829 and 2015/1831 of the Commission, which has been approved by the invitation letter Ref. Ares(2022) 6257034 - 09/09/2022. The Grant Agreement was signed on 2nd December 2022 with starting date January 01, 2023.
The tender will be conducted in accordance with the terms set in this issue and are approved by the organizations.
All the terms and requirements included in this issue are mandatory for the participating economic operators. Tenders which, in the opinion of the Joint Evaluation Committee (hereinafter referred as Committee or JEC), are vague and unsubstantiated or contain terms contrary to the Issue and / or Sections, or contain incomplete or inaccurate information, are deemed inadmissible and rejected.
Joint Competition Committee will be responsible for conducting and evaluating the Tender. Participants waive any right to claim any compensation from the Contracting Authorities in the event of postponement or cancellation of the procedure or rejection of their Tender for any reason or in the event that the Contracting Authority does not proceed with the implementation of the project.
The closing date for submitting the tenders is in May, 19th, 2023, until 13:00 at the partner’s premises Bucuresti - Targoviste, nr. 20, Mogosoaia, jud. Ilfov email: promovare@domeniileostrov.ro
The estimated value of the contract is EUR 2.701.838 (excluding VAT)) and relates to direct costs of actions and fees of contractor (s)), in accordance with the Grant Agreement.
The selection of the Contractor will occur after the evaluation of the tenders and the most economically advantageous tender will be selected. The evaluation procedure is described in detail in sections 4.1 and 4.2 herein.
The project is partly funded by the Contracting Authorities own funds (20%) and with European Union grant (80%).
Duration of the project 36 months from the starting date.
1.2 Procurement-Financing
Type of procedure
Open Procedure
Financing
The contract is financed by European Union by 80% according to Regulation (EU) 1144/2014 Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 and by own contribution of Contracting Authorities by 20%.
1.3 Short description and scope of the contracts
The partnership of the EUCuDe_101094577 consists of (group) one organization from Greece, Epimelitirio Kavalas (Chamber of Kavala) – Coordinator and the ASOCIATIA PROFESIONALA VITIVINICOLA TERASELE DUNARII OSTROV - Partner from Romania.
The project targets United States and United Kingdom, two markets with high growth potential for EU PDO and PGI products. The objective of the project is to enhance the competitiveness and consumption of EU PDO and PGI products, raise their profile and increase their market share to the target-markets. In the two markets, demand for PDO and PGI products is growing fast and global competition is fierce. Promoting the image and the quality of the products and their competitive advantages and applied extended promotion and advertising activities, the project will support higher exports growth rates for Greek and Romanian producers. In addition, the project contributes to the common agricultural policy (CAP) by fulfilling the three clear environmental goals, each of which are echoed in the European Green Deal and Farm to Fork strategy:
- It will tackle climate change by reducing greenhouse gas emissions through the use of fertilizers of natural composition and living microorganisms
- It will protect natural resources through the responsible consumption of water and with the use of fertilizers of natural composition and living microorganisms.
- It will enhance biodiversity, by preventing the contamination of the surrounding soil and by preventing the destruction of the beneficial insect populations that act as natural enemies of pests, which contributes to the nutritional value of food.
The total estimated value of the contract is 2,701,838 (excluding VAT) and the duration of the contract will be thirty-six (36) months.
Main CPV codes: 7900000
The contract is divided in two (2) Lots:
- Estimated value of LOT 1 Romania in EURO (excluding VAT): 1,020,592€
- Estimated value of LOT 2 Greece in EURO (excluding VAT): 1,681,246€
Tenders may be submitted for all lots.
Analytical description of the technical requirements is presented in Annex I of the present.
Contracting Authorities will award two (2) contracts - one per LOT - according to the most economically advantageous tender based on the best quality – price ratio.
1.4 Legal Framework
The tender and its procedures are carried out in order to ensure the most efficient execution of the approved project in the best possible cost-benefit ratio.
The choice will be based on the principles of transparency, impartiality and the protection of public and Community money.
The competition is carried out on the basis of two conditions: the best possible price-quality ratio and the principle of avoiding conflicts of interest.
The competitive procedure shall be conducted in accordance with national and Community law and in particular:
- Applicant's guide on the implementation of the measure of information and promotion of agricultural products on the internal market and in third countries, code PPA2-AE, 1st edition, copy no. 1, 2018 of the Ministry of Agriculture as amended and valid
- Joint Ministerial Decision 419/18559/16.03.2017 GG 855 – Laying down application rules of Regulation (EU) 1144/2014 of European Parliament and of the Council, Commission delegated Regulation (EU) 2015/1829 and Commission implementing Regulation (EU) 2015/1831 on information provision and promotion measures concerning agricultural products implemented in the internal market and in the third countries.
- Note “GUIDANCE ON COMPETITIVE PROCEDURE” of the EUROPEAN COMMISSION (DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT | Directorate B. Multilateral relations, quality policy | B.5. Promotion) DDG1.B5/Mj/db D(2016)3210777.
- REGULATION (EU) No 1144/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008.
- COMMISSION DELEGATED REGULATION (EU) 2015/1829 of 23 April 2015 supplementing Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries.
- COMMISSION IMPLEMENTING REGULATION (EU) 2015/1831 of 7 October 2015 laying down rules for application of Regulation (EU) No 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries.
- GRANT AGREEMENT NUMBER — 101094577 European Culinary Delights!_101094577 signed on 2nd of December 2022 between the European Commission and “Epimelitirio Kavalas” and “Asociatia Profesionala Vitivinicola Terasele Dunarii (Ostrov)”
1.5 Contracting Authorities
COORDINATOR
Legal Name |
Asociatia Profesionala Vitivinicola Terasele Dunarii (Ostrov) |
Address |
Str Regiei Nr 1 |
Town |
Ostrov |
Postal Code |
907220 |
Country |
Romania |
Phone |
+40 241857546 |
|
promovare@domeniileostrov.ro |
Contact person |
Mrs Oana Camelia Belu |
Web address (URL) |
PROJECT PARTNER
Legal Name |
Epimelitirio Kavalas |
Address |
Omonias 50 |
Town |
Kavala |
Postal Code |
653 02 |
Country |
Greece |
Phone |
+30 2510 222212 |
|
|
Contact person |
Mrs Soultana Mavromatti |
Web address (URL) |
Communication:
- The procurement documents are available for unrestricted and full direct access, free of charge at: kcci.gr and www.domeniileostrov.ro
- Additional information can be obtained from the above-mentioned address
- Tenders of request to participate must be submitted to the above- mentioned address
1.6 Publicity
Α. Publication at European level
A Contract notice has been sent for publication though on the Supplement of the Official Journal of European Union on April 19th, 2023
Β. Publication at national level
- The Contract Notice and the present have been published at the websites of the Contracting Authorities.
1.7.Deadline for submission of tenders and opening of tenders
Time limit for receipt of tenders: Friday, May 19th, 2023 13:00 local time Romania
Conditions for opening of tenders: Friday, May 19th, 2023 at 14:00 local time Romania
1.8 Principles applied at the procedure
Economic operators undertake to:
- comply with, and continue to comply with, during the performance of the contract, in case of contract award, with their obligations under the provisions of environmental, social and labor law established by Union law, national law, collective agreements or international law; provisions of environmental, social and labor law. Compliance with these obligations shall be monitored and verified by the bodies overseeing the performance of public contracts and the competent public authorities and services acting within the limits of their responsibility and competence.
- they will not act unlawfully, illegally or abusively throughout the award process, but also during the stage of performance of the contract awarded
- will take appropriate measures to safeguard the confidentiality of the information designated as such.
2. Description of the Project
2.1 Objectives
The objective of the Action EuCuDe is to enhance the competitiveness and consumption of the Union PDO (Thouba Thasos, Oltina wines) and PGI (Thasos olive oil, Thasos wine, Kavala wine, Terasele Dunari wine) products, raise their profile and increase their market share in the two target countries (USA and UK). The objective is in full compliance with the general and specific objective (b) and (c) of Regulation (EU) 1144/2014. The objectives of the project are fully aligned with the Farm to Fork strategy as it concerns food
products that are part of the European Quality Food Systems, where traditional production, respect of the environment and cultural heritage, are already sustainably practiced as they form part of the quality of the products promoted. The aim of the project is to highlight in particular the specific features of agricultural production methods in the Union, particularly in terms of food safety, traceability, authenticity, labelling, nutritional and health aspects, respect for the environment and sustainability and the
characteristics of agricultural and food products, particularly in terms of their quality, taste, diversity or traditions. The project contributes to the common agricultural policy (CAP) by fulfilling the three clear environmental goals, each of which are echoed in the European Green Deal and Farm to Fork strategy: a) It will tackle climate change by reducing greenhouse gas emissions. b) It will protect natural resources. c) It will enhance biodiversity. d) It will contribute to the reduction of greenhouse gases emissions.
The promotion activities of the proposal that will contribute to the achievement of the project objectives are: public relations, social media and printed advertisement, participation in fairs and events, organisation of study trips and cooking shows online events and tastings.
2.2Target groups
Distribution channels: Distributors, Importers, Retailers, Supermarket, Wholesalers, Caterers, Canteens
Consumers: Age groups 24-54 years old middle-income men and women / urban households).
Multipliers: HORECA, Chefs, Nutritionists, Opinion leaders, Gastronomic experts, Sommeliers, Journalists, Bloggers.
2.3. Target markets
United States and United Kingdom
2.4. Scope of the contract
The project involves the implementation of a balanced framework for information and promotion actions divided into the following categories of actions:
- Work Package Public Relations
|
Continuous PR office activities |
- Work Package Website, social media
|
Website, set up, updating, maintenance |
|
Social media (account set up, regular posting) |
- Work Package Advertising
|
|
|
Online |
- Work Package Communication tools (Publications)
|
Communication concept / Graphic Charter |
|
Publications media kits, promotional merchandise |
|
Promotion video |
- Work Package Events
|
Stands at trade fairs |
|
Seminars, workshops, B2B meetings, trainings for trade/cooks |
|
Restaurant weeks |
|
Study trips |
|
Live Cooking show in social media |
- Work Package Point of Sales POS Promotion
|
Tasting Days |
- Work Package Other activities
|
Brand Ambassador |
3. General and specific participation conditions
3.1 General conditions
3.1.1 Communication – Access to Tender documents
The whole communication will be conducted electronically via email to the mentioned address of the Contracting Authorities.
3.1.2 Questions - Clarifications
Request for clarifications or questions related to the present Tender and other related documents are submitted by email until April 29th, 2023 13:00 and they will be communicated to all involved economic operators
Answers to the submitted clarifications or questions will be provided to all involved economic operators until May 04th, 2023 13:00.
The Contracting Authority may extend the time limit for the receipt of the tenders, so that all interested economic operators can obtain all the information necessary for the preparation of tenders in the following cases:
- where, for any reason, additional information, although requested by the economic operator in good time, has not been provided at least six (6) days before the deadline set for the receipt of tenders,
- where the contract documents undergo significant changes.
The length of the extension will be commensurate with the importance of the information or changes.
Where additional information has not been requested in adequate time or if it is not relevant to the preparation of the appropriate tenders, the time limits shall not be extended.
Tender documents have been conducted in English. Any objections or appeals should be submitted in English.
Tenders will be submitted in English, typed and not having any irregular corrections (erasing, deleting, additions etc). Administrative and supporting documents should be submitted in original language and accompanied by a brief translation in English.
Any kind of communication with Contracting Authority during the procedure will be in English.
The Performance Guarantee mentioned in article 5.1 may be issued by credit institutions or financial institutions or insurance companies, lawfully operating in the Member States of the Union or The European Economic Area or the International Public Procurement Agreement’s Member States and in accordance with the provisions in force giving them this right.
The Contracting Authorities reserve the right to contact the issuers of the letter of guarantee in order to verify its validity.
3.2 Eligibility –Selection criteria
- Within the present procedure natural or legal entities have the right to participate and in case of groups or consortium of economic operators, their members which are established in:
- Member state of the Union,
- Member state of the European Economic Area
- Third countries that have signed and ratify the International Public Procurement Agreement and
- Third countries that are not under point (c) of the present article but have signed bilateral or multilateral agreements with the Union regarding public procurement contract award procedures.
- Groups or consortiums of economic operators are not obliged to form a specific legal entity for the submission of their tenders nevertheless Contracting Authorities reserve the right to request from them to form such an entity in case that the contract is assigned to them.
- In cases of tender by group or consortiums of economic operators, all its members shall be liable to the Contracting authorities jointly and in full.
An economic operator shall be excluded from participation in this contract award procedure if it is in its person (in the case of an individual natural or legal person) or in one of its members (in the case of a group or consortium of economic operators) with one or more of them, the following reasons:
3.2.2.1. Where there is an irrevocable conviction for one of the following reasons according to the European and national legislation in force:
- Fraud
- Corruption,
- Participation in a criminal organization
- Money laundering or terrorist financing
- Terrorist offenses or offenses related to terrorist activities
- Child labor and other forms of trafficking in human beings
The economic operator shall also be excluded where the person against whom the judgment has been rendered irrevocable is a member of its administrative, management or supervisory body or has the power to represent, make or control it (managers, members of the Board of Directors and legal representatives).
If in the above cases (a) to (f) the exclusion period as set out above, has not been determined by an irrevocable decision, it shall be five (5) years from the date of conviction by an irrevocable decision.
3.2.2.2. In the following cases:
- When the economic operator has failed to pay his taxes or social security contributions and this has been established by a judicial or administrative decision with final and binding effect, in accordance with the provisions of the country of establishment or national law and / or;
- It is bankrupt or has been subject to a resolution or special clearance procedure or is forced into liquidation or by a court or has been subject to bankruptcy or has suspended its business or is in any similar situation resulting from a similar process provided for by national law. The contracting authority may not exclude an economic operator who is in one of the situations referred to in this case, provided that it proves that that entity is able to execute the contract, taking into account the applicable provisions and measures to continue its business;
- There are sufficiently reasonable indications that the economic operator has concluded agreements with other economic operators with a view to distorting competition;
- If a conflict of interest cannot be effectively treated by other, less intrusive means;
- If a situation of distortion of competition from the economic operator's prior involvement in the preparation of the procurement procedure, cannot be remedied by other, less intrusive means;
- If has not demonstrated a serious or recurrent defect in the execution of an essential claim under a prior agreement resulting in its early termination, indemnities or other similar sanctions;
- If has been fraudulently or negligently misrepresenting information required for the verification of the absence of grounds for exclusion or the fulfillment of selection criteria or in the performance of a contract;
- If has been found guilty of serious misrepresentation in providing the information needed to ascertain the absence of exclusion grounds or to fulfill the selection criteria, he has concealed this information or is unable to provide the necessary supporting documents;
- Has attempted to unduly influence the decision-making process of the contracting authority, to obtain confidential information which may give it an unfair advantage in the award procedure or to negligently provide misleading information which may substantially affect the contracting authority for its exclusion, selection or assignment;
- Whether the contracting authority can demonstrate, by appropriate means, that it has committed a serious professional misconduct, which calls into question its integrity.
If in the abovecases (a) to (i) the exclusion period has not been set by an irrevocable decision, it shall be three (3) years from the date of the relevant event.
3.2.2.3. The economic operator shall be excluded at any time during the contract award procedure, when it is proved that he has been, because of his acts or omissions, either before or during the procedure, in one of the above cases.
3.2.2.4. Economic operator falling into one of the situations referred above may provide evidence to show that the measures taken are sufficient to prove its credibility, although the reason for exclusion (self-cleaning) is present. If the information is found to be sufficient, the economic operator concerned shall not be excluded from the procedure. Measures taken by economic operators shall be assessed in the light of the seriousness and particular circumstances of the criminal offense or offense. If the measures are found to be inadequate, the economic operator shall be informed of the reasoning of that decision. An economic operator that has been excluded, in accordance with the present provisions, by a final decision at national level from participating in the award procedure may not avail itself of the above option during the period of exclusion set out in that decision.
3.2.3.1 Suitability of professional activity
The economic operators should be activated in the fields related to the scope of the contract. Economic operators established in a Member State of the European Union are required to be registered in one of the professional registries kept in their country of establishment. Where economic operators are required to have a specific approval or to be a member of a particular organization in order to be able to provide the relevant service in their country of origin, the contracting authority may require them to prove that they have such approval or that they are members of that organization or invite them to make an affidavit before a notary public about their pursuit of the profession.
In the case of economic operators established in a Member State of the European Economic Area (EEA) or in third countries acceding to the GPA, or third countries not covered by the foregoing and having concluded bilateral or multilateral agreements with the Union on procurement procedures are required to be registered in the respective professional registers.
3.2.3.2 Economic and financial standing
With regard to the economic and financial standing, economic operators should have a turnover equal or above the estimated value of the contract. Economic operators should provide this data regarding their turnover that is related to the scope of the contract according to specimen of ANNEX II.
3.2.3.3 Technical and professional capacity
With regard to the technical and professional capacity, the economic operators, should satisfy the following conditions and present them according to the specimen of ANNEX II:
- They should have proven track and portfolio concerning the promotion / communication services related agrifood product the last (5) five years.
- Economic operators should have the adequate human resources especially those responsible for quality control and with the adequate professional and academic background. For that economic operators should declare:
- The main contracts they have performed/undertaken during the last five (5) years;
- Technical staff, in particular those responsible for their quality control;
- The Project Team that will be assigned for the contract as well as the means of study and research;
- The average annual workforce during the last three years;
- The technical equipment and procedures at their disposal and the measures they take to ensure quality.
3.2.3.4 Rely in third parties
Economic operators may, in respect of the criteria of economic and financial standing and technical and professional capacity, rely on the competences of other bodies, irrespective of the legal nature of the bond with them. In this case, they shall demonstrate that they will have the necessary resources at their disposal by producing the relevant commitment of the bodies on which they rely.
Specifically, with regard to the related professional experience, economic operators, may only rely on the capabilities of other entities if they perform the tasks or services for which those capabilities are required. Where economic operators rely on the competences of other bodies in relation to the criteria relating to the financial and financial competence required by the declaration, those economic operators and those on which they rely shall be jointly and severally liable for the performance of the contract. Under the same conditions, economic operators' associations may rely on the competences of the participants in the group or consortium or other entities.
3.2.4.1 Supporting documents
The right of participation of economic operators and the terms and conditions of their participation, as set out above shall be considered when submitting a tender, when submitting the supporting documents of this paragraph and at the conclusion of the contract.
Where an economic operator or group or consortium thereof, it is based on the capabilities of other entities, they are required to submit supporting documents proving that the grounds for exclusion under are not fulfilled and that they meet the relevant selection criteria on a case-by-case basis.
The economic operator is obliged to replace any entity relied on, thecapacity of which does not meet the relevant selection criterion or for which there are grounds for exclusion.
- In order to prove that the economic operators do not fall in any of the grounds of exclusion, they should submit as supporting document along with their Tender, a Declaration of Honor according to specimen of ANNEX III.
- In order to prove their professional activity, they should submit as supporting document with their tender a certificate of the relevant professional or commercial register of the State of establishment. Economic operators established in a Member State of the European Union shall provide a certificate / attestation of the corresponding professional or commercial register certifying both their registration and their qualification their profession. In the event that a country does not maintain such a register, the document or certificate may be replaced by an affidavit or statement issued by notary that such a register is not kept and declaring their activities.
- In order to prove the economic and financial standing economic operators shall furnish their economic statements, balance sheets and accounts for the last three (3) years. If the economic operator, for good reason, is unable to provide the above supporting documents, he may prove his economic and financial standing by any other appropriate document.
- In order to prove for their technical and professional capacity, the economic operators shall submit as supporting document with their tender, the Technical and Professional Reference according to specimen of ANNEX II.
Groups or consortiums of economic operators submitting a joint tender shall submit the above, where applicable, supporting documents for each economic operator participating in the group or consortium.
Where an economic operator relies on the capabilities of other entities to demonstrate that it has the necessary resources, it shall provide, in particular, a written commitment by those entities to that effect.
3.3 Award criteria
Contract award criterion is the most advantageous from economic point of view tender based on the best quality – price ration according to the following table.
Criteria |
Description |
Weighting |
Group A Quality of tenderer |
30% |
|
Experience of promotion of agricultural products |
30 |
|
Project team (management, organization), professional skills and background |
40 |
|
Turnover as percentage of the estimated value of the contract |
30 |
|
Sum of Weighting of Group A |
|
|
Group B Quality of Tender |
70% |
|
Understanding of the project |
20 |
|
Methodology of implementation and quality mechanisms |
40 |
|
Detailed presentation of actions and time plan |
40 |
|
Sum of Weighting of Group B |
||
Sum of Total Weighting ………………………………………………………….100% |
3.3.2 Rating and ranking of tenders
The weighted score of each criterion will be derived from the product of the sub-weighted factor on its score, and the aggregate bid score will be derived from the sum of the weighted scores of all criteria. For the final ranking the following formula will be applied:
{Quality of project Λi= 100*[70% (Ai/Amax) + 30% (Pmin/Pi)]
Where:
Ai: the overall ranking of the technical tender i
Amax: the overall ranking of the best technical tender
Pmin: the overall comparative cost of the tender with the lowest price
Pi: the overall comparative cost of the tender i
Λi which is rounded to two (2) decimal units.
The most economically advantageous tender is the one that will achieve the highest Λ. Bids with the same overall final score between two or more bidders are considered equivalent. In this case, the award is made to the tender with the highest technical tender score. If the equivalent bids have the same technical bid score, the contractor is selected by lottery among the financial entities that submitted the equivalent bids. The draw takes place in front of the competent advisory body and in the presence of these economic bodies.
3.4 Content of Tenders
Tender are submitted based on the technical requirements set in ANNEX I of the present for all described services and LOTS. Alternatives will not be accepted.
A joint tender submitted by a group or consortium of economic operators, should be signed either by all economic operators or by their duly authorized representative. The tender must specify the extent and type participation (including the remuneration) of each member, as well as its representative / coordinator.
3.4.2 Time and place of submission of tenders
3.4.2.1. Tenders shall be submitted until the deadline set in the present either by hand or by post or courier services. After the expiration date and time, tenders submitted will not be accepted and will be returned unsealed.
3.4.2.2. Tenders will include the following:
- A sealed folder titled “Supporting Documents” –on which are included all relative documents according to the requirements of the present. All documents should be also submitted in electronic form in a CD/DVD or USB flash drive.
- A sealed folder titled “Technical Tender -Economic Tender” including their technical approach and the financial offer according to the specimen of ANNEX I and ANNEX V. Economic operators should also include budget analysis of each service related to the implementation of each action / activity. All documents should be also submitted in electronic form in a CD/DVD or USB flash drive.
Economic operators shall indicate those elements of the tender, which are confidential. Where an economic operator classifies information as confidential because of the existence of technical or commercial confidentiality, in its declaration, it shall state explicitly all relevant law provisions or administrative acts that impose the confidentiality of that information.
They are not classified as confidential information on unit prices, quantities, financial quotation and technical quotation details used for its evaluation.
Contracting authorities may require from the economic operators at any time during the procedure to submit within a reasonable time additional supporting documents and information when necessary for the proper conduct of the procedure.
3.4.3.1 Supporting documents
Economic operators and this section will include the documents listed on point 3.2.3 of the present.
3.4.3.2 Technical Tender
The technical Tender should cover all the requirements and specifications set by the Contracting Authorities with ANNEX I "Technical Specifications" describing exactly how these requirements and specifications are met. It shall include in particular the documents and supporting documents to assess the suitability of the services provided, on the basis of the award criterion, in accordance with the details set out in that ANNEX.
The economic operators shall indicate the part of the contract, which they intend to subcontract to third parties and the subcontractors they propose.
Economic Tender is submitted according to the specimen of ANNEX V. All prices will be in EURO. Price includes third party charges, as well as any other charges, in accordance with applicable legislation, not including VAT, for the provision of services on site and in the manner provided in the contract documents. Contracting Authorities reserve the right, in case that a Tender includes an excessive discount, to request from economic operators to provide additional information on their estimation. If the provided information is considered as inadequate by the judgment of the Contracting Authority, then the tender is considered as ineligible and will be rejected. Tenders shall also be rejected in case which: a) no price is given in EURO or a EURO / foreign currency ratio is stipulated, and (c) the price exceeds the contract budget.
Tender will be valid and be bidding economic operators for two (2) months from the deadline for submitting tenders. Tender indicating duration period that is shorter that the indicated will be rejected. The validity of the tender may be extended in writing, if requested by the Contracting Authority, before its expiration, with a corresponding extension of the letter of guarantee, for a maximum period of time equal to the original duration specified above.
3.4.6 Reasons for rejecting tenders
The Contracting Authority, based on the results of the selection and award procedures shall in any event reject a tender which:
- Is not submitted within the time limit, in the manner and with the content specified above;
- Contains defects, deficiencies, ambiguities or errors, where these cannot be supplemented or corrected, or if they can be supplemented or corrected, have not been remedied at their clarification and completion;
- For which the tenderer has not provided the required explanations within the prescribed time limit or the explanation is not acceptable to the contracting authority;
- It is considered as alternative or which does not meet the minimum requirements set out in ANNEX I “Technical Specifications”;
- A tenderer submits two or more tenders. This restriction applies, and in the case of groups or consortium of economic operators with joint members, as well as in the case of economic operators involved either individually or as members of a group or consortium;
- Which is conditional;
- Which sets a readjustment condition;
- Which has deficiencies related to the supporting documents required and in the divergences with the terms and conditions of the contract.
4. Evaluation of Tenders
4.1 Opening and evaluation of tenders
Coordinator has assigned an Evaluation Committee (EC) that will be responsible for receiving, opening and evaluating tenders submitted. Members of EC assigned by Coordinator will celebrate a closed meeting after the closure of the deadline for submitting tenders following the below mentioned stages:
- Opening folders “Supporting documents”.
- Opening folders “Technical Tender- Economic Tenders”.
By opening the aforementioned folders, each tenderer shall have access to the other tenders and their supporting documents, without prejudice to those aspects of any tender declared confidential.
The contracting authority may invite economic operators to complete or specify the documents or supporting documents submitted, or to specify the content of their technical or financial offer.
EC will proceed to the evaluation of the tenders submitted and their ranking according to the criteria and system provisioned in the present.
The Members of EC assigned by the coordinator will register the tenders submitted, as well as the submitted supporting documents and the results of their control at a Protocol number.
Then EC will open and verify the content of the folders “Technical Tender – Economic Tenders” of the eligible tenderers and will register the results of the control to a Protocol number.
Their evaluation will be done according to the criteria and methodology set at the present tender and a Protocol number will be assigned regarding both the eligible and non-eligible tenders.
In the case that EC considers a tender or tenders abnormally low in relation to the scope of the contract, it reserves the right to request from the economic operators to further justify the price or cost they propose in their tender, within the time limit of ten (10) days from the last received notification.
In the case of equivalent tenders with the same overall final score, the one with the highest score of technical tenders will be nominated as temporal contractor. If the equivalent tenders have the same technical tender rating, the award shall be to the one with the lowest price.
EC will forward all related to the procedure documents to competent bodies for the contract award procedure.
EC’s decisions may be appealed or objected will preliminary appeal based on the procedure of Article 4.4 hereof.
4.2 Call to temporal contractor – Submission of supporting documents.
The contracting authority responsible, after the conclusion of the evaluation and the award procedure, will call the economic operator who has been nominated as temporal contractor, to submit in a strict deadline of ten (10) days after receiving relevant notification all documents proofing that contractor is not in any of the condition set in Article 3.2.2 and presented in ANNEX IV.
If the aforementioned supporting documents are not provided, or there are deficiencies in their submission, the temporal contractor can submit a request for extension of the submission deadline accompanied by the supporting documents within the time limit from which it can be proved that he has requested the supporting documents. Then, the contracting authority can extend the deadline for the submission of supporting documents for as long as it is required by the competent authorities to provide the missing supporting documents.
This also applies in cases where the Contracting Authority requests the further submission of supporting documents in the process of tender’s evaluation or requests to participate before the award stage, respecting the principles of equal treatment and transparency.
The Contractor shall be eliminated and the second in ranking tenderer will be nominated as temporal contractor, if:
- upon checking the above supporting documents, it is found that the information provided is false or inaccurate; or
- the required supporting documents are not submitted within the prescribed period; or
- the supporting documents provided in a lawful and timely manner do not establish the terms and conditions for participation in accordance with the terms for exclusion grounds and selection criteria hereof;
Control and verification procedure of the above documents is completed with a relevant Protocol indicating any supporting documents that need supplementation as specified above that will be forwarded to the Competent body of the Contracting Authorities for the final award of the contract or cancelation or declaration of temporal contractor as eliminated. The results of the verification of the above documents are validated by the award decision of the Contracting Authorities.
4.3 Contract Award
Contracting authorities shall notify the award decision, to all tenderers not excluded during the evaluation stages. The legal effects of the award decision, and in particular, the conclusion of the contracts shall be cumulative if the deadline for a appeal has expired or, in the case of an appeal, the deadline for an appeal for suspension has expired; and in case of appeal for suspension a decision is issued on the appeal.
The contracting authority shall invite the contractor to proceed to the signature of the contracts, within a deadline, which may not exceed twenty (20) days from the relevant notification. If the contractor fails to sign the above contrac