Accesibility in Tourism Services

7/31/2019 Accesibility in Tourism Services

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CALL FOR TENDER

204/PP/ENT/PPA/12/6471

MAPPING THE SKILLS AND TRAINING NEEDS TO

IMPROVE ACCESSIBILITY IN TOURISM SERVICES

Open procedure

TENDER SPECIFICATIONS

Final version - 13/07/2012


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TABLE OF CONTENTS

11.. TECHNICAL SPECIFICATIONS ........................................................... ............................................................ 4

1.1. THE CONTEXT OF THE STUDY ......................................................... ........................................................... ....... 41.2. THE PURPOSE OF THE CONTRACT................................................... ........................................................... ....... 6

1.2.1. Definitions and services coverage..................................................... ........................................................ 6

1.2.2. Description of the activities to be carried out ...................................................... ..................................... 61.2.3. Geographic coverage ..................................................... ........................................................... ................. 91.2.4. References and background.................................................... ........................................................... ....... 9

1.3. DELIVERABLES,MEETINGS AND COMMUNICATION..................................................... ................................... 101.3.1. The form..................................................... ........................................................... ................................... 111.3.2. The language ....................................................... ........................................................... ......................... 111.3.3. The deadlines ....................................................... ........................................................... ......................... 111.3.4. The procedure for approval of the reports ........................................................... ................................... 121.3.5. Meetings..................................................... ........................................................... ................................... 121.3.6. Indicative Timetable: ..................................................... ........................................................... ............... 12

22.. CONTRACTUAL CONDITIONS ..................................................... ........................................................... ...... 14

2.1. NATURE OF THE CONTRACT ........................................................... ........................................................... ..... 142.2. STARTING DATE OF THE CONTRACT AND DURATION OF THE TASKS........................................................... ..... 142.3. TERMS OF PAYMENT................................................... ........................................................... ......................... 142.4. GUARANTEES................................................... ........................................................... ................................... 142.5. PLACE OF PERFORMANCE ..................................................... ........................................................... ............... 142.6. SUBCONTRACTING ..................................................... ........................................................... ......................... 152.7. JOINT OFFERS .................................................. ........................................................... ................................... 15

33.. ADMINISTRATIVE INFORMATION CONCERNING THE INVITATION TO TENDER ..................... 17

3.1. DATE AND PLACE OF OPENING OF THE TENDERS.......................................................... ................................... 173.2. CONTACT BETWEEN THE TENDERER AND THECOMMISSION.................................................. ......................... 173.3. GENERAL TERMS AND CONDITIONS FOR THE SUBMISSION OF TENDERS................................................. ......... 183.4. NO OBLIGATION TO AWARD THE CONTRACT ...................................................... ............................................ 193.5. DATA PROTECTION .................................................... ........................................................... ......................... 193.6. OPPORTUNITIES FOR SMALL AN D MEDIUM SIZED ENTERPRISES..................................................... ............... 20

44.. FORM AND CONTENT OF THE TENDER ................................................................ .................................... 21

4.1. HOW TO SUBMIT A TENDER .................................................. ........................................................... ............... 214.2. STRUCTURE OF THE TENDER .......................................................... ........................................................... ..... 21

4.2.1. Section One: Administrative proposal....................................................... ............................................. 224.2.2. Section Two: The Exclusion Criteria Form ........................................................ ................................... 234.2.3. Section Three:Evidence relating to the selection criteria....................................................................... 234.2.4. Section Four: Technical proposal..................................................... ...................................................... 244.2.5. Section Five: Financial proposal...................................................... ...................................................... 24

55.. ASSESSMENT AND AWARD OF CONTRACT.................................................... .......................................... 27

5.1.

STAGE 1 APPLICATION OF EXCLUSION CRITERIA AND EXCLUSION OF TENDERERS....................................... 275.1.1. Declaration .......................................................... ........................................................... ......................... 27

5.1.2. Grounds for disqualification ................................................... ........................................................... ..... 275.1.3. Evidence..................................................... ........................................................... ................................... 285.1.4. Administrative and financial penalties ...................................................... ............................................. 29

5.2. STAGE 2- APPLICATION OF SELECTION CRITERIA (SELECTION OF TENDERERS) .............................................. 295.2.1. Selection criteria .................................................. ........................................................... ......................... 305.2.2. Evidence of the economic and financial capacity of the service provider(s) ......................................... 305.2.3. Evidence of the technical and professional capacity of the service provider(s) .................................... 31

5.3. STAGE 3- APPLICATION OF AWARD CRITERIA (ASSESSMENT OF TENDERS)..................................................... 325.4. INFORMATION FOR TENDERERS...................................................... ........................................................... ..... 335.5. AWARD OF THE CONTRACT .................................................. ........................................................... ............... 33

66.. ANNEXES....................................................... ........................................................... ........................................... 34

6.1. EXCLUSION CRITERIA FORM (INVITATION TO TENDER NO 204/PP/ENT/PPA/12/6471)................................. 356.2. DRAFT SERVICE CONTRACT.................................................. ........................................................... ............... 37



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6.3. MODEL GUARANTEE.................................................. ........................................................... ......................... 386.4. FINANCIAL AND ECONOMIC CAPACITY OVERVIEW FORM (INVITATION TO TENDER NO204/PP/ENT/PPA/12/6471)....................... ............................................................ ...................................................... 406.5. SUBCONTRACTOR/LETTER OF INTENT 204/PP/ENT/PPA/12/6471........................................................ ....... 416.6. POWER OF ATTORNEY.......................................................... ........................................................... ............... 426.7. CHECKLIST OF DOCUMENTS TO BE SUBMITTED ........................................................... ................................... 46



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1. Technical specifications

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11.. TECHNICAL SPECIFICATIONS

1.1. The context of the study

Travelling is as relevant for persons with disabilities as at it for those who have none,but the barriers they have to face are far greater. "Tourism accessibility" across Europeremains to this day to some extent "unchartered territory", with widespreadmisconceptions, lack of knowledge about (the market of) tourists with special accessneeds, as well as about how to attend to these needs. Visitors' requirements are largelyunknown, investment costs are often misunderstood or exaggerated and "accessibility"is generally perceived by business as a "burden".

Travelling and having full access to tourist activities, services and facilities is a rightenshrined in Article 9 of the UN Convention on the Rights of People with Disabilities,signed by the European Union and its 27 Member States. Furthermore, making tourism

facilities more accessible to people with disabilities, is also a "golden opportunity" forbusinesses. In Europe it is estimated that at least 80 million people have a declaredphysical disability, a number due to increase because of demographic ageing and thecorrelation between disability and old age. Furthermore, technological developments inassisting devices (e.g. biomechanics, prostheses etc) grant to people with impairmentsfar greater independence and mobility than in the past. Yet, this market is not servedproperly: several surveys have confirmed that at least a third of all persons withdisabilities in Europe do not take holidays because of poor accessibility, or lack ofinformation about accessibility conditions.

In 2010, the European Commission adopted an ambitious political agenda1 to boost thecompetitiveness of the European tourism industry, make it fit for the challenges of

globalisation, and maintain Europe's position as the leading world tourism destinationfor the years to come.

In response to the Commission's initiative, in 2011 the European Parliament adopted aReport (the "Fidanza" Report2) pleading for sustainable, high quality tourism"accessible to everyone" as one of the challenges that must be achieved to strengthenthe European tourism industry. To foster this important objective, the EuropeanParliament included in its budget for 2012 a Preparatory Action "Tourism Accessibilityfor All"3 aimed at laying down the foundations for future initiatives in the area oftourism and accessibility.

The present call for tender is the second one to be published as part of the EPPreparatory Action "Tourism Accessibility for All".

Mainstreaming accessibility in the tourism supply chain clearly contributes to boostingthe competitiveness of the European tourism industry because:

1http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/858&format=HTML&aged=0&language=EN&guiLanguage=en

2http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-0407

3

Preparatory action within the meaning of Article 49 (6) of Council Regulation n. 1605/2002 on the FinancialRegulation applicable to the general budget of the European Communities.



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it immediately attracts an additional potential market of tourists which needmore accessible services and facilities4;: disabled travellers, family or carers whoaccompany them, the elderly, families with young children, persons withtemporary impairments;

it helps tourism SMEs to tap more effectively into the international market, as itis reckoned that at least 1/6 of the world population has a physical disability;

it contributes to the achievement of a truly inclusive society, where people withdisabilities and their families can enjoy tourist activities together;

it improves life in the local communities, who use the same infrastructure andservices.

Furthermore, facing and overcoming the growing competition of new emergingdestinations will require delivering superior customer service, not in the least towards

tourists with special requirements.

Existing research5 has provided some insights of the demand and economic impact ofdisabled travellers on the tourism sector.

An Australian study estimated that in 2003-2004, disabled tourists represented 11% ofthe total number of tourists; their expenditure contributed between 12%-15% to thenational GDP and generated at least additional 11% of direct tourism employment. Thestudy also identified how expenditure by disabled tourists was divided according todifferent sectors of the tourism market (e.g accommodation, transport, entertainment,food, retail etc).

In the US, American adults with disabilities or reduced mobility, spend in average $13.6billion every year on travel. A Canadian study estimated that people with disabilitiesrepresent nearly 20% of the Canadian population and that more than two-third of thesepopulation do travel, seeking higher number of benefits from their travel experiencethan other travellers do.

In the UK, it has been estimated that overnight trips made by, or accompanied bysomeone with a health condition or impairment, contributed almost 2bn to the Englishdomestic visitor economy in 2009, accounting for 12% of the total domestic overnighttrips in the first six months of 2009. Furthermore, international visitors to England witha health condition or impairment spend each year around 300 million.

In Germany it has been estimated that the total net turnover generated each year bytourists with disabilities holidaying in the country is approximately 2.5 bn ( approx

1.57 bn spent in long holidays and 930 million spent in short breaks). The additionalpotential turnover has been estimated at additional 4.6 bn with additional generation of90.000 full time jobs in the long term.

Since, to date, there is no comprehensive collection of such data at EU-27 level, aspecific call to gather information on the demand and impact of intra-EU "accessible

4 According to a study from the University of Surrey the potential accessible travel market is estimated at more than

133 million tourists. Source ENAT "Let's Make Europe a Tourism Destination for All".

5 For references please check Section 1.2.4



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tourism" (i.e. other than domestic) on the European tourism sector, as well as on thedemand and economic impact of inbound tourists with special access needs fromoutside the EU, has been launched by our services in May 2012..The results and finalreport are expected the end of 2013.

For the purpose of the work to be executed under this call therefore, close cooperationwith the contractor carrying out the above study will be very useful and highlyrecommended.

1.2. The purpose of the Contract

The overall purpose of this contract is to map the staff skills needs to improveaccessibility and safety in the tourism services and analyse the availability ofcorresponding training, either in Member States (EU 28 including Croatia), ortransferable from other regions. A collection of best practices of 'training foraccessibility' in the different tourism services will also be presented through a selection

of case studies.1.2.1. Definitions and services coverage.

For the purposes of the work to be carried out, the following definitions shall apply.

People with disabilities are defined, according to the UN Convention on the Rights ofPeople with Disabilities, as those who have long-term physical, mental, intellectual orsensory impairments which in interaction with various barriers may hinder their full

and effective participation in society on an equal basis with others.

According to these definitions, therefore, making tourism accessible relates to all people

with special needs, i.e. people with : mobility related disabilities such as persons inwheelchairs or with limited (temporarily) mobility capabilities; sensory disabilities suchas visually and hearing impaired people; learning disabilities as in people with learningdifficulties such as those with Down syndrome; as well as other types of specific needssuch as travellers with allergies or uncommon physical size, eg excessively tall people.

The tourism services targeted primarily by this contract shall be :

Accommodation (hotels, B&B, farm ranches, camping, etc)

Food and beverage (restaurants, cafes, fast foods, bars etc)

Entertainment, recreation, attractions (museums, galleries, sports, leisureactivities, shopping areas, etc).

Travel support services (travel agencies, tour operators, tourists' info points,etc)

1.2.2. Description of the activities to be carried outWork under this contract shall be based on analyses and desk research of existingtraining material, case studies, stakeholder reference documents and recommendationsas well as studies on the subject.



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It is highly recommended that cooperation with and support of tourism and consumerstakeholders associations and organisations as well as the educational environment isensured during the execution of this work.

Further to reaching the overall objectives indicated in Section 1.2, the following tasks

shall be fulfilled.

a. Define skills and training needs depending on the nature of services to be provided.

Rendering tourism services more accessible does not by definition require heavyinvestment in financial or human resources. In many cases, the mere understanding ofneeds followed by adequate awareness raising among the tourism service providers canmake a world of difference. Therefore, the first investment towards accessibility shouldbe in the skills enhancement and training of service providers such as tour operators,hotel and restaurant managers and staff.

With a final view to integrate disability related content in tourism curricula, thecontractor will catalogue the skills requirements to respond to the needs of travellerswith disabilities.

A breakdown of such skills shall be made on the basis of the nature of the disability aswell as on the basis of the variety of occupations in the different subsectors (see 1.2.1above).

The occupations covered should be as a minimum those - relating to the tourism sector -that are listed in the ISCO 08 (International Standard Classification of Occupations)6.

The classification should be further broken down and extended where possible on thebasis of other national, international or sectoral commonly used lists.7 The tenderer shallpresent in his offer the base extract from ISCO 08 as well as suggestions on how toexpand it.

The contractor will cover the need for overall comprehension and awareness of'accessibility' for all involved in tourism, as well as the specific hands-on skills to helpcustomers overcome practical obstacles as required by first-line staff in direct contactwith disabled customers.

Knowledge on the definition of disability and types of disabilities, barriers to

accessibility, principles of effective customer services, proper etiquette for interactingwith people with disabilities, how to recognize and respond appropriately to peopleusing personal supports, service animals and assistive technology should be covered asa minimum.

The outcome will be an EU-wide transferable model curriculum to integrate'accessibility-related content' in the different tourism services trainings. It will bepresented as an overview matrix mapping the desired skills per occupation, respondingto the different categories of disability.

6ISCO 08 (http://www.ilo.org/public/english/bureau/stat/isco/isco88/major.htm)7

See also the RAMON Eurostat's Metadata Server onhttp://ec.europa.eu/eurostat/ramon/nomenclatures/index.cfm?TargetUrl=LST_NOM&StrGroupCode=SCL&StrLanguageCode=EN



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b. Provide an overview of existing training material and modules/programmes coveringaccessibility related content

On the basis of the relevant skills needs as identified under a) above, the contractorshall review existing training material and modules/programmes covering accessibilityrelated content.

The matrix disability/skills/occupation will be completed with references to relevantavailable training content or module/programme, providing a link to each source.

The final objective of the contract being to obtain a map of staff skills needs linked toavailable training (in Member States or transferable from other regions), we aim tofacilitate valorisation of the efforts and investments already made in the field.

Although ultimately the quality of the selected material shall prevail over its geographic

origin (Member State or not), source, funding or coverage, the contractor shall assessmaterial in the following order:

- first and foremost training material which is the result of projects funded by theEuropean Institutions regardless of the program or Directorate General whichprovided the funding.

- material available in the EU 28 (including Croatia), deriving from projects orinitiatives not having received funding from the European Institutions.

- material available outside the EU 28.

Not only finalized but also ongoing projects shall be investigated. For each trainingsolution, the Member State in which it is available (if applicable) shall be referred to.

The outcome of this task will be a complete overview of required skills and theavailable material to cover them. Gaps between training needs and available materialshall be identified and suggestions shall be made as to how to cover these gaps.

c. Select and present a collection of best practices through successful case studieswhich cover either training provided to certain occupations, or training providedregarding a particular category of disability

From the available training material selected for the work under task b), the contractorshall select, analyse and describe at least 20 case studies providing mainly evidence ofsuccessfully applied accessibility training schemes or programmes, covering the skillsdefined under task a). Innovative and flexible ways of training -such as e-learning-should receive particular attention.

Three of the case studies will show schemes which have not worked; the contractorshall analyse and elaborate on why this was not the case.

The case studies may regard regional, national, transnational as well as private(company driven) initiatives. They can either relate to programmes or schemes which

provided accessibility training to groups of holders of similar occupations, such as hotel



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managers or receptionists, but may equally refer to training with regards to customerinteraction with visually impaired guests.

At least 15 of them should originate from within the EU 28.

The tenderer shall elaborate in his offer on the criteria that will determine his selection.

Each case study will be described an analysed in a report of at least 20 pages, describingaspects such as the content, duration, target group, methods used, results, difficultiesencountered and lessons learnt.

Properly disseminated, the case studies are expected to have a strong impact on raisingawareness on the importance and benefits of accessibility training for staff.

They should incite peers (SMEs, bigger companies, associations, as well as local,regional and national authorities) to support the human and financial resourcesinvestment required to ultimately equip all involved in tourism services with 'the ability

to deal with disability'.

d. Disseminate results validation workshop

The tenderer should present in his bid a proposal on how to disseminate the results ofthe work and have it validated by stakeholders, ensuring thus its transferability andhopefully widespread future use.

This will include a validation workshop to be organised by the contractor in Brussels in

the month following the approval of the final report. The contractor will present theresults of the work carried out.

The event shall present the final deliverables and be addressed to the main interestedthird parties, key stakeholders and authorities. These will be selected by the contractorand presented to the Commission for approval. Approximately 100 150 people will beexpected.

The Commission will provide the premises and cover the costs for such an event, undera different contract.

1.2.3. Geographic coverageThe geographic coverage of the work includes the EU 28 Member States (includingCroatia). Case studies and best practices however should be selected on the basis oftheir quality and usefulness, not only on their geographical relevance.

1.2.4. References and backgroundThis list contains the references of studies consulted for the drafting of these TechnicalSpecifications. Its purpose is to provide the applicants with references of some of theexisting literature on the topics dealt under the current tender, and it is far from beingexhaustive.



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- Best Practice in Accessible Tourism: Inclusion, Disability, Ageing Population and Tourism(Aspects of Tourism) (Dimitros Buhalis, Simon Darcy, Ivor Ambrose)

- Access to tourism: disabled people's views on tourism in England (DCMS, UK, September2007)

- Accessible Tourism: Making it work for your business (DCMS, UK)

- At your service-A business case to improving accessibility for customers (VISIT ENGLANDwebsite)

- Accessibility Market and Stakeholders' analysis (OSSATE/Univ. of Surrey 2006)

- Accessible hotels in London (Mayor of London, March 2010)

- Puedo viajar- Estudio sobre los hbitos tursticos de las personas con discapacidad (M.Calvillo Mazarro, FEJIDIF Jan)

- Tourism for All: organising trips for physically disabled customers (Laura Sanchez Guerra,

Univ. of Bournemouth and others 2003)

- Let's make Europe a Tourism Destination for All! (Ivor Ambrose, ENAT)

- Paving the way to Accessible Tourism (Carlos Buij, Univ. of Leeds, 2010)

- A profile of travellers looking for accessible travel destinations (Ontario, Ministry of Tourism,July 2007)

-Global Code of Ethics for Tourism. World Tourism Organization (UNWTO)

- El Turismo Accesible (CERMI, Comit Espaol de Representantes de Personas conDiscapacidad, 2003 )

- Developing a Business Case for Accessible Tourism (Simon Darcy and others, 2008)

Additional documentation, which the Commission will deem relevant or appropriate forthe project, may be passed on to the contractor during the kick-off meeting or laterduring the project's time span

1.3. DELIVERABLES,MEETINGS AND COMMUNICATION

The Contractor shall provide the required reports and documents in accordance with theconditions of the standard service contract appended in Annex 6.2.

The deliverables of this contract are:

1) the Roadmap

2) the Interim Report

3) the Final Report

4) the presentation at the dissemination event

as well as bimonthly progress reports.



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1.3.1. The formThe deliverables shall be submitted in portable document format (pdf) for webpublication, in MS Word (electronically) and in 1 hard copy.

1.3.2. The languageAll the deliverables, both in their interim and final versions, will be made available inEnglish of publishable quality. The contractor will need to put into place a system tocheck the linguistic quality of the deliverables.

1.3.3. The deadlinesA detailed Roadmap taking into account the conclusions of the kick-off meeting. Adraft of the list of targeted occupations expanded as suggested in the offer will bepresented for agreement. A draft overview of the stakeholders to be consulted as well asa basic set of criteria that will guide the contractor on their selection of best practiceswill also be made available.

It should be delivered no later than one month after the signature of the contract.

No later than 4 months after the signature of the contract, the Commission will receive afirst progress report, containing information on the work done and its advancement inrelation to the agreed timeframe, as well as any potential difficulties or problemsencountered.

The draft interim report will be delivered to the Commission no later than 6 monthsfrom the start of the action. The Commission will provide its comments on the draft

interim report within 20 days from receipt of the draft report. The final interim report,taking into account the Commission's feedback will be delivered no later than 20 daysafter having received the comments of the Commission.

This report will include the interim results of tasks a and b as well as the draft scenarioand invitations list for the dissemination event.

No later than 10 months after the signature of the contract, the Commission will receivea second progress report, containing similar information as the first one. In addition,the contractor will present a first draft of the case studies for discussion with theCommission.

The draft final report will be delivered to the Commission 12 months from the startof the action.. Its contents will include an analysis of feedback received from theCommission on the interim report. The Commission will provide its comments on thedraft final report within 20 days from its receipt. The final version, taking into accountthe Commission's feedback will be delivered no later than 20 days after having receivedthe comments of the Commission.

Together with the Final Report, the Contractor shall also provide a draft version of thePPT presentation to be used at the dissemination event. The length and contents of thepresentation shall be discussed with the Commission.



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1.3.4. The procedure for approval of the reportsThe final report will be assessed on the basis of the following quality criteria:

1. Relevance: Does the study deal adequately with requests for information from the European Commission and

is it in line with the specifications?2. Appropriate methodology: Is the design of the study adequate and suitable for providing the results required(within time limits) to answer the objectives of the study?

3. Reliable information: Is the information and material collected or selected relevant and valid?

4. Sound analysis: Is the analysis of the information and material complete and appropriate?

5. Credible results: Are the results logical and justified by the analysis of the data and literature?

6. Valuable results: Are the results valuable and representative?

7. Clarity: Does the report describe the context and goal of the work and are the results presented in such a waythat they can be validated and transferred by stakeholders?

8. Language: Is the English language used in the report understandable, of high quality and publishable?9. Overall assessment of the study

1.3.5. MeetingsFor the execution of the study and its communication, the tenderer shall budget in itsoffer all own relevant travel expenses, as indicated in Section 4.2.5. More specificallythe following meetings in Brussels shall be foreseen and budgeted for:

- 3 meetings (kick off and preparation of interim and final reports)

- 1 meeting for the presentation of the results at the dissemination event.

1.3.6. Indicative Timetable:Months

0 1 2 3 4 5 6 7 8 9 10 1

1

12 13 14

ContractSignature

Kick-offmeeting

30% pre-payment

Firstprogress

report

DRAFT interimreport (month 6)

+/- 20 dayscomments

Discussion onInterim report

(month 7)

Secondprogress

report

DRAFT Finalreport (month 12)

+/- 20 dayscomments

Discussion FinalReport (month

13)

SubmissionFinal Report

and PPTpresentation

Approval FinalReport & PPTpresentation

40% FinalPayment



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Submission revisedinterim report

Approval of interim

report (month 7)

30% InterimPayment (month 7)

Draft PPTpresentation(month 13)



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2.Contractual conditions

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22.. CONTRACTUAL CONDITIONS

2.1. NATURE OF THE CONTRACT

Service contract Mapping the skills and training needs to improve accessibility intourism services.

2.2. STARTING DATE OF THE CONTRACT AND DURATION OF THE TASKS

The contract shall enter into force on the date on which it is signed by the lastcontracting party.

It is expected to be signed in December 2012

The duration of the tasks shall not exceed 12 months.

The execution of the tasks may not start before the contract has been signed. The periodof execution of the tasks may be extended, only with the written agreement of thecontracting parties, before the end of the period originally stated in the contract.

2.3. TERMS OF PAYMENT

Payments shall be made in accordance with Articles I.3, I.4, II.15, II.16 & II18 of thedraft service contract (Annex 6.2).

The payment scheme will consist of

one pre-financing of 30 %,

one interim payment of 30 %

and the balance of 40 %.

The schedule and the procedure for the approval of payments and the documents to besubmitted are described in Articles I.4, II.15, II.16 and II.18 and in Annex I to the draftcontract referred to above.

2.4. GUARANTEES

The Contractor may be required to provide a guarantee for pre-financing of 30% of theamount specified under I.3.1 of the contract, in compliance with article II.4.1 of thedraft contract. The Commission reserves the right to cancel the pre-financing foreseen,according to its management risk analysis or in the case the awarded tenderer refusessuch pre-financing guarantee, and to modify the final version of the contractaccordingly.

A model guarantee is provided in annex 6.3 of these tendering specifications.

2.5. PLACE OF PERFORMANCE

The place of performance of the tasks shall be the Contractor's premises or any otherplace indicated in the tender, with the exception of the Commission's premises.



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2.6. SUBCONTRACTING

Subcontracting is defined as the situation where a contract has been or is to beestablished between the Commission and a contractor and where the contractor, in orderto carry out that contract, enters into legal commitments with other legal entities for

performing part of the service. However, the Commission has no direct legalcommitment with the subcontractor(s).

At the level of the liability towards the Commission, tasks provided for in the contractmay be entrusted to subcontractors, but the contractor retains full liability towardsthe Commission for performance of the contract as a whole.

Accordingly:

The Commission will treat all contractual matters (e.g. payments) exclusively with thecontractor, whether or not the tasks are performed by a subcontractor;

The Commission will privilege direct contacts with the contractor, who is responsiblefor executing the contract;

Under no circumstances can the contractor avoid liability towards the Commission onthe grounds that the subcontractor is at fault. The contractor remains notably fullyresponsible for timely execution.

A contract which includes subcontracting is subject to certain general conditions inparticular the provisions on subcontracting, checks and audits, and confidentiality.Where justified by the subject matter of the contract, a statement of confidentiality maybe required to be submitted to the Commission. The subcontracting arrangement

between the contractor and his subcontractor is supposed to render directlyapplicable all those contractual obligations with regard to the Commission to the

subcontractor.

Consequently, the bid must clearly identify the subcontractor(s) and document theirwillingness to accept the tasks and their acceptance of the terms and conditions set outin paragraph 3.3, in particular article II.20 of the standard service contract by returningthe form in annex 6.5, filled in and signed.

Tenderers must inform the subcontractor(s) and include in their sub-contractingdocuments that Article II.20 of the standard service contract (Annex 6.2) may be

applied to sub-contractors.

Once the contract has been signed, Article II.6 of the above-mentioned service contractshall govern the subcontracting.

2.7. JOINT OFFERS

A joint offer is a situation where an offer is submitted by a group of tenderers. Ifawarded the contract, the tenderers of the group will have an equal standing towards theCommission in executing a supply, service or works contract.

The Commission will not request consortia to have a given legal form in order to beallowed to submit a tender, but reserves the right to require a consortium to adopt agiven legal form before the contract is signed if this change is necessary for proper



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performance of the contract. This can take the form of an entity with or without legalpersonality but offering sufficient protection of the Commissions contractual interests(depending on the Member State concerned, this may be, for example, a consortium or atemporary association).

Grouping of firms must nominate one party to be responsible for the receipt andprocessing of payments for members of the grouping, for managing the serviceadministration, and for coordination. The documents required and listed in the presentspecifications must be supplied by every member of the grouping; the checklist in annex6.7 will help verifying the level of information to be provided according to the role ofeach entity in the tender.

Each member of the grouping assumes a joint and several liability towards theCommission.

The offer has to be signed by all members of the group. However, if the members of

the group so desire they may grant an authorisation to one of the members of thegrouping. In this case they should attach to the offer a power of attorney (see model inannex 6.6). For groupings not having formed a common legal entity, model 1 should beused, and for groupings with a legal entity in place model 2.

The contract will have to be signed by all members of the group. If the members ofthe group so desire, they may grant authorisation to one of the members of the groupingby signing a power of attorney. The same model as above duly signed and returnedtogether with the offer (see annex 6.6) is valid also for signature of the contract.

Partners in a joint offer assume joint and several liability towards the Commission forthe performance of the contract as a whole.

Statements, saying for instance: that one of the partners of the joint offer will beresponsible for part of the contract and another one for the rest, or that more than onecontract should be signed if the joint offer is successful, are thus incompatible with theprinciple of joint and several liability. The Commission will disregard any suchstatement contained in a joint offer, and reserves the right to reject such offers withoutfurther evaluation, on the grounds that they do not comply with the tenderingspecifications.

An economic operator can only participate once as a tenderer, whether as singletenderer, lead organisation in a consortium/joint bid or partner in a consortium. Theeconomic operator may however agree to act as a subcontractor in a distinct bidfrom which it is participating as either of the aforementioned options. However, such asituation is not advisable for the high potential of conflicts of interest it may generate.



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3. Administrative information

17

33.. ADMINISTRATIVE INFORMATION CONCERNING THE INVITATION TO TENDER

3.1.

DATE AND PLACE OF OPENING OF THE TENDERS

Tenders will be opened at 10.00 on 8/10/2012.

at the following location:

Office address:

Rue Belliard, 100 (B100 SDR6/Meeting room)1040 Brussels

An authorised representative of each tenderer may attend the opening of the bids.

Companies wishing to attend are requested to notify their intention by sending a fax ore-mail at least 48 hours in advance to +32 2 29 98008 or [email protected] notification must be signed by an authorised officer of thetenderer and specify the name of the person who will attend the opening of the bids onthe tenderer's behalf.

3.2. CONTACT BETWEEN THE TENDERER AND THE COMMISSION

Contacts between the Commission and the tenderers may take place only in exceptionalcircumstances and under the following conditions only:

Before the final date for submission of tenders:

* The Commission may, on its own initiative, inform interested parties of anyerror, inaccuracy, omission or other clerical error in the text of the call fortenders.

This information will be published solely via e-tendering :https://etendering.ted.europa.eu/cft/cft-display.html?cftId=111

* Potential tenderers may request clarifications with regard to the tenderdocuments and the nature of the contract.

The requests for additional information may be made exclusively through e-tendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=111

Insofar as it has been requested in good time, the additional information will bemade available to all economic operators interested in this call and logged in e-tendering no later than six calendar days before the final date for the receipt ofbids or, in the case of requests for information received less than eight calendardays before the final date for the receipt of bids, as soon as possible after therequest for information has been received.

Potential tenderers are encouraged to formulate, at least six days before the time

limit to submit tenders, any remark, complaint or objection they would have inrelation to all aspects of this call for tender in order that the Commission can



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evaluate the need for corrective measures and implement them before thesubmission of tenders.

The answers to the requests for additional information will be made availablesolely via e-tendering: https://etendering.ted.europa.eu/cft/cft-

display.html?cftId=111

After the opening of tenders :

If clarification is requested or if obvious clerical errors in the tender need to becorrected, the contracting authority may contact the tenderer provided the terms ofthe tender are not modified as a result.

3.3. GENERAL TERMS AND CONDITIONS FOR THE SUBMISSION OF TENDERS

The present tender documents are drawn up in respect of the Financial Regulationapplicable to the general budget of the European Communities (Council Regulation

(EC, Euratom) No 1605/2002 of 25 June 2002 as amended by Council Regulation (EC,Euratom) N 1995/2006 of 13 December 2006), as well as its implementing rules(Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 asamended by i) Commission Regulation 1261/2005 of 20 July 2005, ii) CommissionRegulation 1248/2006 of 7 August 2006 and iii) Commission Regulation (EC, Euratom)No 478/2007 of 23 April 2007), hereinafter referred to as the Financial Regulation.

Participation in tendering procedures is open on equal terms to all natural and legalpersons from one of the EU Member States and to all natural and legal persons in a thirdcountry which has a special agreement with the European Union in the field of publicprocurement on the conditions laid down in that agreement.

Where the Plurilateral Agreement on Government Procurement (GPA) concludedwithin the WTO applies, the contracts are also open to nationals of the countries thathave ratified this Agreement, on the conditions it lays down. In that connection, itshould be noted that the services under Annex IIB to Directive 2004/18/EC and theR&D services listed in category 8 of Annex IIA to that Directive are not caught by theAgreement.

The parties to the GPA can be consulted on the following web page:http://www.wto.org/english/tratop_e/gproc_e/memobs_e.htm#parties .

Operators in third countries which have signed a bilateral or multilateral agreement withthe European Union in the field of public procurement must be allowed to take part inthe tendering procedure on the conditions laid down in this agreement. The Commissionrefuses tenders submitted by operators in third countries which have not signed suchagreements for the present call for tender.

Submission of a tender implies acceptance of the terms and conditions set out in thisinvitation to tender, in the tendering specifications and in the draft contract and, whereappropriate, waiver of the tenderer's own general or specific terms and conditions. It isbinding on the tenderer to whom the contract is awarded for the duration of the contract.

Once the Commission has accepted the tender, it shall become the property of theCommission and the Commission shall treat it confidentially.



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The Commission shall not reimburse expenses incurred in preparing and submittingtenders.

The Protocol on the Privileges and Immunities or, where appropriate, the ViennaConvention of 24 April 1963 on Consular Relations shall apply to this invitation to

tender.

Variants are not allowed.

3.4. NO OBLIGATION TO AWARD THE CONTRACT

This invitation to tender is in no way binding on the Commission. The Commissionscontractual obligation commences only upon signature of the contract with thesuccessful tenderer.

Up to the point of signature, the contracting authority may either abandon theprocurement or cancel the award procedure. This decision must be substantiated and the

tenderers notified.

No compensation may be claimed by tenderers whose tender has not been accepted,including when the Commission decides not to award the contract.

3.5. DATA PROTECTION

If processing your reply to the invitation to tender involves the recording and processingof personal data (such as your name, address and CV), such data will be processedpursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard tothe processing of personal data by the European Union institutions and bodies and on the

free movement of such data. Unless indicated otherwise, your replies to the questionsand any personal data requested are required to evaluate your tender in accordance withthe specifications of the invitation to tender and will be processed solely for that purposeby DG Enterprise and Industry, Unit F2 - Cooperatives, Mutuals, Corporate SocialResponsibility and Support of Tourism Industry. Details concerning processing of yourpersonal data are available on the privacy statement at the pagehttp://ec.europa.eu/dataprotectionofficer/privacystatement_publicprocurement_en.pdf.

You are informed that for the purposes of safeguarding the financial interest of theUnion, your personal data may be transferred to internal audit services, to the Court ofAuditors, to the Financial Irregularities Panel and/or to the European Anti-Fraud Office(OLAF).

Data of economic operators which are in one of the situations referred to in Articles 93,94, 96(1)(b) and 96(2)(a) of the Financial Regulation8 may be included in a centraldatabase and communicated to the designated persons of the Commission, otherinstitutions, agencies, authorities and bodies mentioned in Article 95(1) and (2) of theFinancial Regulation. This refers as well to the persons with powers of representation,decision making or control over the said economic operators. Any party entered into thedatabase has the right to be informed of the data concerning it, up on request to theaccounting officer of the Commission.

8

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 (OJ L 248 of 16.09.2002), as amended by CouncilRegulation (EC, Euratom) No 1995/2006 of 13 December 2006 (OJ L 390 of 30.12.2006)



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3.6. OPPORTUNITIES FOR SMALL AN D MEDIUM SIZED ENTERPRISES

The Directorate General for Enterprise and Industy has the task to promoteopportunities for Small and Medium sized Enterprises (SMEs) and is aiming in itsactivities to facilitate the activities of SMEs. In this context, SMEs are particularly

encouraged to submit tenders either on its own if feasible or by constituting a bidusing either of the options mentioned in paragraphs 2.6 and 2.7.

The Enterprise Europe Network provides advice on tender opportunities and trainingin relation to procurement, which may be of assistance to newly initiated tenderers.Please refer to the following web-site for further details:

http://www.enterprise-europe-network.ec.europa.eu/services/advice-eu-law-and-standards

The Commission has further published a brochure on "Doing business with theEuropean Commission Tips for potential contractors":

http://ec.europa.eu/budget/library/publications/public_contracts/doing_business_en.pdf

This brochure intends to give tips for interested parties on how to deal with procurementprocedures in general.



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4. Form and content of the tender

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44.. FORM AND CONTENT OF THE TENDER

4.1. HOW TO SUBMIT A TENDER

Tenderers shall observe precisely the indications in point 1 and 2 of the invitation to tender in order

to ensure their tenders are admissible.Evidence of timely submission by post or courier service will be constituted by the

date of dispatch, the postmark or the date of the deposit slip. In the case of hand-

delivery, the signed and dated receipt will serve as evidence.

Late delivery will lead to the non admissibility of the tender and its rejection from

the award procedure for this contract. Offers sent by e-mail or by fax will also be

non admissible. Envelopes found open at the opening session will also lead to non

admissibility of the tender. Consequently, tenderers must ensure that their bids

are packed in such a way as to prevent any accidental opening during its mailing.

4.2. STRUCTURE OF THE TENDER

Tenders must be perfectly legible so that there can be no doubt as to words andfigures.

Tenders must be clear and concise, with continuous page numbering, and assembledin a coherent fashion (e.g. bound or stapled, etc.).

Tenders must be written in one of the official languages of the European Union.

Tenders must include all the information and documents requested by theCommission in order to assess the tender. In order to help tenderers presenting acomplete tender, a checklist of the documents to submit is provided in annex 6.7.This checklist does not need to be included in the tender but we encourage to use it inorder to ease the assessment of the tenders;

Prices must be established in euros.

All tenders must be presented in five sections:

Section one: Administrative information

Section two: The exclusion criteria form

Section three: Evidence relating to the selection criteria

Section four: Technical Proposal Addressing technical specifications and awardcriteria

Section five: Financial Proposal



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4.2.1. Section One: Administrative proposalTenderers may choose between presenting ajoint bid (see 2.7) and introducing a bidas a sole contractor, in both cases with the possibility of having one or severalsubcontractors (see 2.6).

Whichever type of bid is chosen, the tender must stipulate the legal status and role ofeach legal entity in the tender proposed and the monitoring arrangements that existbetween them and, failing this, the arrangement they foresee to establish if they areawarded the contract (see 2.6 and 2.7).

a) To identify himself the tenderer must fill in a Legal Entity Form and a Financial

Identification Form:

The Legal Entity Form is to be signed by a representative of the tendererauthorised to sign contracts with third parties.

The form is available for individuals, private entities and public entities at thefollowing address :

http://europa.eu/comm/budget/execution/legal_entities_fr.htm

The Legal Entity Form must be accompaniedbyall the information indicated inthe form. When neither this form nor the evidence to be attached to them includesthe following information, the tender must include:

For private and public entities:

a legible copy of the notice of appointment of the persons authorised torepresent the tendererin dealings with third parties and in legal proceedings,or a copy of the publication of such appointment if the legislation which appliesto the legal entity concerned requires such publication. Any delegation of thisauthorisation to another representative not indicated in the official appointmentmust be evidenced.

For Individuals:

Where applicable, a proof of registration, as prescribed in their country ofestablishment, on one of the professional or trade registers or any other official

document showing the registration number.

The Financial identification form shall be duly filled in and signed by an authorisedrepresentative of the tenderer and his or her banker. A specific form for eachMember State is available at the following Internet address:

http://europa.eu/comm/budget/execution/ftiers_fr.htm .

b) The tender must include a statement confirming the validity of the tender(preferably in blue ink) signed by the authorised representative.

c) The tender must indicated the name of a contact person in relation to the submission

of the bid.



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All tenderers, as part of a consortium or a joint bid if applicable, must providetheir legal entity files as well as the necessary evidence. Only subcontractors are

requested to provide solely the legal entity file without evidence.

Economic operators already registered as a legal entity in the Commissions files(i.e. they are or have been contractors of the Commission) are not obliged to

provide the evidence requested in the form, on condition they indicate in their offer

the references of the procedure and the Commissions department for which this

evidence was already provided.

In case of a joint bid or a bid presenting subcontracting, only the co-ordinator isobliged to return the financial identification form.

4.2.2.

Section Two: The Exclusion Criteria Form

Tenderers or their representatives shall provide a declaration on their honour, dulysigned and dated in which they:

- state whether or not they are in one or more of the situations referred to inArticles 93 and 94 of the Financial Regulation and detailed in the form;

- undertake to submit to the Commission any additional document relating to theexclusion criteria, that the Commission considers necessary to perform itschecks, within seven calendar days following the receipt of the Commission'srequest.

To this end, tenderers must fill in and sign the form in Annex 6.1 to these specifications.

Where the bid involves more than one legal entity (including subcontractors), eachentity must provide the form.

Any total or partial omission for which one or more legal entities involved in the

tender are responsible may lead the Commission to exclude the tender from the

procedure, in accordance with Articles 93 and 94 of the Financial Regulation.

4.2.3. Section Three:Evidence relating to the selection criteriaTenderers must provide proof of their economic and financial capacity by submittingthe documents stated under paragraph 5.2.2 below.

They must equally provide proof of their professional and technical capacity bysubmitting the documents required under paragraph 5.2.3 below.



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4.2.4. Section Four: Technical proposalTenderers must include in their bids the technical proposal addressing all aspectsdetailed in the technical specifications set out in section 1.

The technical proposal must respond to these technical specifications and provide, as aminimum, all the information needed for the purpose of awarding the contract.

The following aspects should be taken into consideration when drafting the tender:

(a) methodology for implementation;

(b) reasons for the proposed methodology;

(c) how do you intend to build on and link with previous activities (where applicable);

(d) project management and procedures for internal evaluation;

(e) level of involvement and activity of other stakeholders;

(f) role of each partner (in case of a consortium, joint bid and/or use of subcontractors);

(g) team proposed for implementation of the contract The composition of the team,which will be implementing the project must be properly described. Team staff shouldbe singled out by function (E.g. project managers, administrator, secretary, expert,technical assistant);

(h) a plan of action with description of activities and their timing.

Due consideration should also be given to the award criteria and method as stipulatedunder section 5.3 in this document.

Please note that, to grant equal treatment of all tenders, it is not possible to modifyoffers after their submission in relation to the technical and financial proposals.As a consequence, incompleteness in this section can only result in negative impactfor the evaluation of award criteria. Please note also, that proposals deviating fromthe technical specifications may be rejected for non-conformity.

The technical specifications and the tenderers bid shall be integral parts of the

contract and will constitute annexes to the contract.

4.2.5. Section Five: Financial proposalTenderers must use the following format to formulate their financial proposal.

Price component Unit price Quantity Total

Human resources

Person X (role)

Person Y (role)

..



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Subtotal (1)

Other

Item X

Item Y

..

Subtotal (2)

TOTAL (1+2)

The tenderer's attention is drawn to the following points:

prices must be expressed in euros;

prices should be quoted free of all duties, taxes and other charges, i.e. also freeof VAT, as the European Union is exempt from such charges in the EU underArticles 3 and 4 of the Protocol on the Privileges and Immunities of the EuropeanUnion of 8 April 1965 (OJ L 152 of 13 July 1967). Exemption is granted to theCommission by the governments of the Member States, either through refunds uponpresentation of documentary evidence or by direct exemption.

For those countries where national legislation provides an exemption by means of areimbursement, the amount of VAT is to be shown separately. In case of doubt about

the applicable VAT system, it is the tenderer's responsibility to contact his or hernational authorities to clarify the way in which the European Union is exempt fromVAT;

Prices shall not be conditional and be directly applicable by following thetechnical specifications.

Prices shall be fixed and not subject to revision

The reference price for the award of the contract shall consist of the amount inpayment of the tasks executed, as stated in Article I.3.1 of the contract.

For each category of staff to be involved in the project, the tenderer must specify:

the total labour costs;

the daily rates and total number of days (man-days) each member of staff willcontribute to the project;

other categories of costs, indicating the nature of the cost, the total amount, the unitprice and the quantity. Flat-rate amounts should be avoided. If, exceptionally, theyare used, specimen quotations for the flat-rate amounts must be provided;

travel expenses which will be incurred by the contractor or its representatives in thecontext of the work to be done or to attend the project meetings as indicated, should



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be included in the budget estimate included in the Financial Proposal. In thebudgeting the contractor should foresee travel expenses for 3 meetings in

Brussels (kick off meeting, and preparatory meetings for the the interim and

the final report), as well as 1 meeting, in Brussels, to present the results of the

study.

Bids involving more than one legal entity must specify the amounts for each legal

entity.

The Commission will reject tenders where no technical offers or financial offersare proposed.

Non-conformity with the technical specifications in section 1.1 will also result inrejection from award.

The Commission reserves the right, however, to request clarification oradditional evidence in relation to the exclusion and selection stages after the

opening within a time-limit stipulated in its request and in the conditions

explained in section 3.3.



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5. Assessment and award of contract

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55.. ASSESSMENT AND AWARD OF CONTRACT

The assessment will be based on the information provided in the tender. TheCommission reserves the right to use any other information from public or specialistsources.

This assessment will be performed by applying the criteria set out in thesespecifications. To award the contract, the assessment of admissible bids will becarried out in three successive stages. Only bids meeting the requirements of onestage will be examined in the next stage.

The aim of each of these stages is:

1) to check, in the first stage (exclusion criteria), whether tenderers can takepart in the tendering procedure and, where applicable, be awarded thecontract;

2) to check, in the second stage (selection criteria), the technical andprofessional capacity and economic and financial capacity of eachtenderer who has passed the exclusion stage;

3) to assess on the basis of the award criteria the technical and financialoffers and establish a ranking list, by order of merit, of all tenders havingpassed the exclusion and selection stages, as well as the quality thresholdsset for the assessment of the award criteria.

5.1. STAGE 1 APPLICATION OF EXCLUSION CRITERIA AND EXCLUSION OF TENDERERS

5.1.1. DeclarationAs mentioned above under paragraph 4.2.2, tenderers or their representatives shallprovide the form in Annex 6.1 duly signed and dated in which they declare:

- not to be in one or more of the situations referred to in Articles 93 and 94 ofthe Financial Regulation and detailed in the form;

- to undertake to submit to the Commission any additional document relating tothe exclusion criteria, that the Commission considers necessary to perform itschecks, within seven calendar days following the receipt of the Commission'srequest.

5.1.2. Grounds for disqualificationIn accordance with Articles 93 and 94 of the Financial Regulation, tenderers shall beexcluded from the selection and award procedures if they do not satisfy criteria a) tof) specified in the standard form in annex 6.1.

In addition, contracts may not be awarded to tenderers who, during the procurementprocedure are subject to a conflict of interest (criteria g) or are guilty ofmisrepresentation in supplying the information required by the contracting authorityas a condition of participation in the contract procedure or fail to supply thisinformation (criteria h) or fall into one of the situations as specified under criteria a)to f).



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If a member of a consortium is subject to exclusion, the rest of the consortium

shall be excluded.

If a subcontractor is subject to exclusion, the tender shall be excluded.

5.1.3. EvidenceThe tenderer to whom the contract is to be awarded shall provide, within the 15 daysfollowing the receipt of the letter informing him of the proposed award of thecontract and preceding the signature of the contract, the following evidenceconfirming the declaration referred to in paragraph 5.1.1:

1. The Commission shall accept as satisfactory evidence that the tenderer to whomthe contract is to be awarded is not in one of the situations described in point (a),(b) or (e) of Article 93(1) of the Financial Regulation, a recent extract from the

judicial record or, failing that, an equivalent document recently issued by a

judicial or administrative authority in the country of origin or provenance

showing that those requirements are satisfied;

2. The Commission shall accept, as satisfactory evidence that the tenderer is not inthe situation described in point (d) of Article 93(1) of the Financial Regulation, arecent certificate issued by the competent authority of the State.

3. Where the document or certificate referred to in paragraph 1 & 2 is not issued inthe country concerned and for the other cases of exclusion referred to in Article93 of the Financial Regulation, it may be replaced by a sworn or, failing that, asolemn 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.

4. Depending on the national legislation of the country in which the tenderer isestablished, the documents referred to in paragraphs 1, 2, 3 shall relate to legalpersons and/or natural persons including, where necessary, company directors orany person with power of representation, decision-making or control in relation tothe tenderer. This would be the case when the national legislation concernedgives juridical responsibility of the acts committed by a legal entity (moralpersons) to their legal representatives.The tenderer shall provide information onthe ownership or on the management, control and power of representation ofthe legal entity whenever necessary for the proper understanding of the evidencesubmitted or whenever the Commission requests it.

5. Where they have doubts as to whether tenderers are in one of the situations ofexclusion, the Commission may itself apply to the competent authorities referredto in paragraph 3 to obtain any information they consider necessary about thatsituation.

The Commission may waive the obligation of a tenderer to submit the documentaryevidence referred to in paragraphs 1 and 2 if such evidence has already beensubmitted to it for the purposes of another procurement procedure and provided thatthe issuing date of the documents does not exceed one year and that they are stillvalid. In such a case, the tenderer shall declare on his honour that the documentary

evidence has already been provided to the Commission in a previous procurementprocedure and confirm that no changes in his situation have occurred. He shall



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indicate in its tender all the references necessary to allow the Commission services tocheck this evidence.

You may refer to the e-Certis web-site listing the certificates available in EUMember States:

http://ec.europa.eu/markt/ecertis/login.do 5.1.4. Administrative and financial penalties

By returning the form in Annex 6.1, duly signed, tenderers confirm that they havebeen notified of the following points:

Administrative or financial penalties may be imposed by the Commission ontenderers who are in one of the cases of exclusion provided for in 5.1.2 above afterthey have been given the opportunity to present their observations.

These penalties are detailed in Article 96 of the Financial Regulation and Articles

133a and 134b of the Regulation laying down the rules for the implementation of theFinancial Regulation. We invite tenderers to read carefully these two articles.

5.2. STAGE 2- APPLICATION OF SELECTION CRITERIA (SELECTION OF TENDERERS)

This part of the tender concerns the criteria and evidence relating to the technical andprofessional capacity and economic and financial capacity of the service provider(s)involved in the bid. It should also contain any other document that the tenderer(s)wish(es) to include by way of clarification.

An economic operator may rely on the capacities of other entities , regardless of

the legal nature of the links which it has with them. In that case, evidence must beprovided that it will have at its disposal the resources necessary for performance ofthe contract, for example by producing a clear undertaking on the part of thoseentities to place those resources at its disposal.

If several service providers are involved in the bid, each of them must have theprofessional and technical capacity to perform the tasks assigned to them in thetender and the necessary economic and financial capacity.

This rule applies to all legal entities once they have chosen to be tenderers. If thetender includes subcontractors, the Commission reserves the right to requestevidence of their economic and financial capacity if the tasks subcontracted representa substantial part of the contract.



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5.2.1. Selection criteria

These criteria will be assessed on the basis of the documents referred to in 5.2.2 and5.2.3.

5.2.2. Evidence of the economic and financial capacity of the service provider(s)All tenderers must provide proof of their economic and financial capacity bysubmitting the following documents:

a) Annex 6.4, consisting of an extract of the concerned legal entities annualaccounts (balance sheet, profit and loss account, notes on the accounts andauditors' remarks when applicable) of the last two years, as approved by thegeneral assembly of the company and, where applicable, audited and/orpublished. These documents must be signed by the authorised representative ofthe tenderer.

b) a statement of overall turnover and turnover concerning the tasks, supplies orservices covered by this contract for the last three financial years;

If, for some exceptional reason which the Commission considers justified, a tendereris unable to provide one or other of the above documents, he or she may prove his orher economic and financial capacity by any other document which the Commissionconsiders appropriate. In any case, the Commission must at least be notified of theexceptional reason and its justification in the tender. The Commission reserves the

right to request any other document enabling it to verify the tenderer's economic andfinancial capacity.

SELECTION CRITERIA

1. FINANCIAL AND ECONOMIC CAPACITY

1.1 Sufficient economic and financial capacity to guarantee continuous and satisfactoryperformance throughout the envisaged lifetime of the contract.

2. TECHNICAL AND PROFESSIONAL CAPACITY

2.1 Relevant experience/knowledge (of at least 3 years) of disability issues

2.2 Relevant experience/knowledge (of at least 3 years) of the tourism sector (forexample workforce, service provision, sector specific education and training)

2.3 Knowledge of and access to the necessary information sources covered by thespecifications to provide a thorough and relevant overview of occupations and trainingmaterial

2.4 Relevant human resources with a proven expertise and a very good command of theEnglish language available to perform the tasks described in the specifications.



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5.2.3. Evidence of the technical and professional capacity of the service provider(s)The ability of service providers to perform services will be assessed in particularwith regard to their know-how, efficiency, experience and reliability as specified inparagraph 5.2.1.

Evidence of the technical and professional capacity of the providers involved in thetender may be furnished on the basis of the following documents:

a) the educational and professional qualifications of the service provider orcontractor and/or those of the firm's managerial staff and, in particular, those ofthe person or persons responsible for providing the services or carrying out

the tasks; The Europass curriculum vitae format(http://europass.cedefop.europa.eu/europass/preview.action?locale_id=1) shall be filledin and signed, by each person involved in the execution of the tasks foreseen inthe tender. The precise contractual link with the tenderer will also be described.

This evidence refers to selection criteria 2.1., 2.2. and 2.4

b) a list of the principal services provided and supplies delivered in the past threeyears, with the sums, dates and recipients, public or private;

This evidence refers to selection criterion 2.3 and 2.4.

c) a description of the measures and tools to ensure the access to the relevantinformation needed to guarantee the quality of the services to be rendered;

This evidence refers to selection criterion 2.3.

d) an indication of the proportion of the contract which the service provider mayintend to subcontract.

By submitting a tender, each legal entity involved therein accepts the possibility of acheck being carried out by the Commission on its technical capacities and, ifnecessary, on its research facilities and quality control measures.

In addition, all tenderers are informed that they may be asked to prove that they areauthorised to perform the contract under national law, as evidenced by inclusion in aprofessional or trade register or a sworn declaration or certificate, membership of a

specific organisation, express authorisation, or entry in the VAT register.



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5.3. STAGE 3- APPLICATION OF AWARD CRITERIA (ASSESSMENT OF TENDERS)

The contract will be awarded to the most cost-effective tender. The following awardcriteria will be applied:

No Qualitative award criteria Weighting

(maximum points)

1. Clarity, quality, relevance and consistency of theproposed methodology, completeness of the work plan(tasks description, content of deliverables, timetable,efforts and resources allocated); overall quality andclarity of the offer and the language used.

30

2. Completeness, quality and relevance of the sources of

information and of the process to collect and analysethe relevant information and data, to ensure coverageof the occupations and disabilities, and to benchmarkthe best practices

35

3. Quality and effectiveness of the proposed management(including risk mitigation) of the project and of theproposed involvement and relationships with allrequired experts and stakeholders.

35

Total number of points 100

The selected tender is assessed according to the above qualitative award criteria andthe weighting applicable to each criterion.

Tenders scoring

* less than 65 % in the overall points total or

* less than 50% in the points awarded for a single criterion

will be excluded from the rest of the assessment procedure.

Award criterion

Total price

Tenders presenting a total price superior to the maximum range mentionedin the contract notice (100.000 ) will be excluded from the rest of the

assessment procedure.



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The contract will be awarded to the tender which is the most cost-effective (offersthe best value for money) on the basis of the ratio between the total points scored andthe price.

Final Evaluation

Total Price/Quality Points

Tenders should elaborate on all points addressed by these specifications in

order to score as many points as possible. The mere repetition of mandatory

requirements set out in these specifications, without going into details or

without giving any added value, will only result in a very low score. In addition,

if certain essential points of these specifications are not expressively covered by

the tender, the Commission may decide to give a zero mark for the relevant

qualitative award criteria.

5.4. INFORMATION FOR TENDERERS

The Commission will inform tenderers of decisions reached concerning the award ofthe contract, including the grounds for any decision not to award a contract or torecommence the procedure.

If a written request is received, the Commission will inform all rejected tenderers ofthe reasons for their rejection and all tenderers submitting an admissible tender of thecharacteristics and relative advantages of the selected tender and the name of thesuccessful tenderer.

However, certain information may be withheld where its release would impede lawenforcement or otherwise be contrary to the public interest, or would prejudice thelegitimate commercial interests of economic operators, public or private, or mightprejudice fair competition between them.

5.5. AWARD OF THE CONTRACT

The procurement procedure is concluded by a contract signed by the parties. In thiscase, the General Terms and Conditions applicable to service contracts referred toabove shall apply.

After the period of validity of the tender has expired, conclusion of the contract shallbe subject to the tenderer's agreement in writing.

The Commission shall not sign the contract or framework contract with thesuccessful tenderer until a standstill period of 14 calendar days has elapsed, runningfrom the day after the simultaneous dispatch of the award decisions and decisions toreject.

After the award, during standstill period, the Commission will request to the tendererproposed for award the evidence on exclusion criteria defined in section 5.1.3. If thisevidence was not provided or proved to be unsatisfactory the Commission reservesthe right to cancel the award procedure or to change the award decision to the benefitof the next best ranked tenderer on condition that he satisfies with the provision ofthe evidence on exclusion.



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66.. ANNEXES

ANNEXES



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6.1. EXCLUSION CRITERIA FORM (INVITATION TO TENDER NO

204/PP/ENT/PPA/12/6471)

[This form is mandatory]

Exclusion Criteria Form

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

11.. in his/her own name (if the economic operator is a natural person or in case of owndeclaration of a director or person with powers of representation, decision making or

control over the economic operator9)

or

22.. representing (if the economic operator is a legal person)

official name in full (only for legal person):

official legal form (only for legal person):

official address in full:

VAT registration number:

declares that the company or organisation that he/she represents / he/she:a) is not bankrupt or being wound up, is not having its affairs administered by the courts, has

not entered into an arrangement with creditors, has not suspended business activities, is notthe subject of proceedings concerning those matters, and is not in any analogous situationarising from a similar procedure provided for in national legislation or regulations;

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

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

d) has fulfilled all its obligations relating to the payment of social security contributions and the

payment of taxes in accordance with the legal provisions of the country in which it isestablished, with those of the country of the contracting authority and those of the countrywhere the contract is to be carried out;

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

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

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



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In addition, the undersigned declares on their honour:

g) they have no conflict of interest in connection with the contract; a conflict of interest couldarise in particular as a result of economic interests, political or national affinities, family oremotional ties or any other relevant connection or shared interest;

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

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

j) they have not granted and will not grant, have not sought and will not seek, have notattempted and will not attempt to obtain, and have not accepted and will not accept anyadvantage, financial or in kind, to or from any party whatsoever, constituting an illegalpractice or involving corruption, either directly or indirectly, as an incentive or rewardrelating to award of the contract.

k) that the information provided to the Commission within the context of this invitation to tender

is accurate, sincere and complete.

l) that in case of award of contract, they shall provide the evidence that they are not in any of thesituations described in points a, b, d, e above10.

For situations described in (a), (b) and (e), production of a recent extract from the judicial record is required

or, failing that, a recent equivalent document issued by a judicial or administrative authority in the country of

origin or provenance showing that those requirements are satisfied. Where the Tenderer is a legal person and

the national legislation of the country in which the Tenderer is established does not allow the provision of such

documents for legal persons, the documents should be provided for natural persons, such as the company

directors or any person with powers of representation, decision making or control in relation to the Tenderer.

For the situation described in point (d) above, recent certificates or letters issued by the competent authorities

of the State concerned are required. These documents must provide evidence covering all taxes and social

security contributions for which the Tenderer is liable, including for example, VAT, income tax (naturalpersons only), company tax (legal persons only) and social security contributions.

For any of the situations (a), (b), (d) or (e), where any document described in two paragraphs above is not

issued in the country concerned, it may be replaced by a sworn or, failing that, a solemn statement made by the

interested party before a judicial or administrative authority, a notary or a qualified professional body in his

country of origin or provenance.]

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

Full name Date Signature

10

Mandatory for contracts of value above 125 000 only (see art. 134(2) of the Implementing Rules). Thecontracting authority can nevertheless request such evidence for contracts with a lower value.



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6.2. DRAFT SERVICE CONTRACT



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Accesibility in Tourism Services

Documents