Specifications for Tender - OSHA/CPU/2009/T2 · Web viewEU-OSHA/CPU/2012/T4. Copywriting, Editing and Proof checking services in English. TABLE OF CONTENTS. 1. Introduction. 4.

SPECIFICATIONS FOR TENDER – EU-OSHA/CPU/2012/T4

SPECIFICATIONS FOR TENDEREU-OSHA/CPU/2012/T4

COPYWRITING, EDITING AND PROOF CHECKING SERVICES IN ENGLISH

EU-OSHA – European Agency for Safety and Health at Work

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TABLE OF CONTENTS

1. Introduction....................................................................................................................... 4

1.1. The European Agency for Safety and Health at Work.......................................................4

1.1.1. Publications............................................................................................................4

1.1.2. Research................................................................................................................4

1.1.3. Prevention..............................................................................................................4

1.1.4. Campaigning..........................................................................................................4

1.1.5. Topic Centres.........................................................................................................4

1.2. Definition of a tender.........................................................................................................5

1.3. Participation in this tender.................................................................................................5

1.4. Contractual approach of this tender..................................................................................5

1.5. Implementation of the framework contract........................................................................6

1.6. Terms of payment.............................................................................................................6

1.7. Time schedule for this tender............................................................................................6

2. Description of the requested tasks and services.........................................................72.1. Copywriting in English.......................................................................................................7

2.2. Editing in English..............................................................................................................7

2.3. Proof checking in English..................................................................................................8

2.4. Research (desktop or on location)....................................................................................8

2.5. Training in copywriting or editing techniques....................................................................8

2.6. Workload........................................................................................................................... 8

2.7. Workflows......................................................................................................................... 9

2.8. Publication and copyright..................................................................................................9

2.9. Stability of service.............................................................................................................9

3. General guidelines..........................................................................................................93.1. Contacts between EU-OSHA and the tenderer.................................................................9

3.1.1. Written clarification before the closing date............................................................9

3.1.2. Contacts between EU-OSHA and tenderers after the closing date......................10

3.2. Submission of an offer by a consortium of companies....................................................10

3.3. Subcontracting................................................................................................................10

3.4. Confidentiality and public access to documents..............................................................10

3.5. Standard provisions applied by EU-OSHA in its contracts..............................................11

3.6. Additional important information......................................................................................11

3.6.1. Implications of submitting a tender.......................................................................11

3.6.2. Reimbursement....................................................................................................11

3.6.3. Obligations of EU-OSHA......................................................................................11

4. Content of the tender....................................................................................................114.1. Part A - Administrative part and supporting documentation............................................11

4.2. Part B - Technical proposal.............................................................................................12


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4.3. Part C - Financial proposal..............................................................................................12

5. Presentation of the offer...............................................................................................125.1.1. Lots...................................................................................................................... 12

5.1.2. Layout.................................................................................................................. 12

5.1.3. Language.............................................................................................................13

5.1.4. Double envelope system......................................................................................13

5.1.5. Postal address......................................................................................................13

5.1.6. Date for submission..............................................................................................13

6. Assessment and award of the contract......................................................................146.1. Stages in the procedure..................................................................................................14

6.1.1. Offer opening session..........................................................................................14

6.1.2. Offer evaluation session.......................................................................................14

6.2. Exclusion criteria.............................................................................................................15

6.3. Selection criteria.............................................................................................................15

6.3.1. Economic and financial capacity..........................................................................15

6.3.2. Technical and professional capacity.....................................................................16

6.3.3. Proof of technical and professional capacity........................................................16

6.4. Award criteria.................................................................................................................. 18

6.4.1. Project management and quality assurance.........................................................18

6.4.2. Scenarios.............................................................................................................18

6.4.3. Quality score........................................................................................................19

Annex 1: Checklist................................................................................................................... 20Annex 2a: Declaration of honour with respect to the Exclusion Criteria and absence of conflict of interest.................................................................................................................... 21Annex 2b: Legal Entity Form..................................................................................................23Annex 2c: Financial Identification Form................................................................................23Annex 2d: Administrative tender data form..........................................................................24Annex 2e: Consortium form (if applicable)............................................................................25Annex 2f: Subcontracting form (if applicable)......................................................................26Annex 3: PARF (Project/Activity Reference Form)...............................................................27Annex 4: Assessment criteria for project management and quality assurance................30Annex 5: Scenarios................................................................................................................. 31

Scenario no. 1: Copywriting a news release..........................................................................31

Scenario no. 2: Copywriting a speech....................................................................................32

Scenario no. 3: Copywriting a blog entry................................................................................33

Scenario no. 4: Editing exercise.............................................................................................34

Annex 6: Financial proposal (Price list).................................................................................40Annex 7: Model of Framework Contract................................................................................42Annex 8: Model of Specific Contract......................................................................................62


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1. Introduction1.1. The European Agency for Safety and

Health at WorkThe European Agency for Safety and Health at Work (EU-OSHA) is an agency of the European Union (EU) and one of the decentralised community bodies. Its central role is to contribute to the improvement of working life in the EU by developing, analysing and disseminating information on occupational safety and health (OSH).

It is the vision of EU-OSHA to be the European centre of excellence for occupational safety and health information, promoting a preventive culture to support the goal of making Europe’s current and future workplaces safer, healthier and more productive.

Located in Bilbao, Spain, EU-OSHA has a dedicated staff of safety and health specialists and communication experts. As well as running Europe-wide information campaigns, EU-OSHA also publishes scientific research in print and online media.

Communication, campaigning and promotion are the core activities of the Communication and Promotion Unit at EU-OSHA, which is the unit responsible for this call.

1.1.1. PublicationsEU-OSHA produces a range of reports, information sheets, promotion material, online and social media content. All publications are available from the website (http://osha.europa.eu/en/publications), helping to bring in-depth and topical safety and health information to a wide range of audiences across Europe. Written by experts and practitioners, the publication portfolio is constantly growing to cover the most pressing issues in OSH. A variety of publications are drafted in English and then translated into more than 20 languages.

1.1.2. ResearchThrough its European Risk Observatory, EU-OSHA anticipates workplace risks and analyses trends that may affect OSH, focusing on specific topics, sectors or groups at risk. Its aim is to gather the best available scientific evidence and to stimulate policy debate. To do this, the observatory collects and analyses data, prioritises research for little-understood areas, and suggests the courses of action that policymakers, researchers and safety professionals might wish to pursue.

1.1.3. PreventionEU-OSHA promotes healthier, safer and more productive workplaces by providing workers and employers with first-hand information and examples of good practice. The Working Environment Information Unit publishes solutions that have been successfully implemented at workplace level and that can be adapted to other organisations and other countries, and which can help improve OSH in a practical, concrete and cost-effective way.

1.1.4. CampaigningThe two-year Healthy Workplaces Campaigns are coordinated by EU-OSHA and its network partners in the EU Member States and beyond. The campaigns, which are now the largest of its kind in the world, have already seen record levels of involvement with hundreds of events and activities organised at the national and European level.

1.1.5. Topic Centres


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http://osha.europa.eu/en/publications


EU-OSHA is supported in the drafting of some of these publications by Topic Centres, which are consortia of national safety and health institutions that collect and analyse existing national data. They have been contracted to deliver expert analysis, reports and web information.

Other publications are currently drafted in-house or through ad-hoc service contracts. This entails that some reports are written by several (non-native speakers) and can therefore vary considerably in quality.

More information on EU-OSHA and its activities can be found on the website: http://osha.europa.eu

1.2. Definition of a tenderFor its organisation and functioning EU-OSHA is in constant need of goods and services. Tendering is the structured way to consult the market for the purchase of these goods and services.

The purpose of competitive tendering for awarding contracts is two-fold:

to ensure the transparency of operations

to obtain the desired quality of services, supplies and works at the best possible price

The applicable regulations, namely directive 2004/18/EC and Commission Regulation N°2342/2002, oblige EU-OSHA to guarantee the widest possible participation, on equal terms in tender procedures and contracts.

1.3. Participation in this tenderParticipating in tendering procedures shall be open on equal terms to all natural and legal persons coming within the scope of the Treaties and to all natural and legal persons in a third country which has a special agreement with the European Communities in the field of public procurement under the conditions laid down in this agreement (Art. 106 of EU Financial Regulations).

1.4. Contractual approach of this tenderThrough this call for tender EU-OSHA intends to establish a framework contract with a specialised external contractor.

The framework contract will be concluded between EU-OSHA and the successful tenderer for an initial period of one year from the date it is signed by EU-OSHA and may be renewed up to three times, each time for a period of one year. Unless terminated by either party by registered letter not later than two months before it expires, the contract may be extended automatically for three successive periods of one year, on the understanding that thereafter no further automatic extension will be possible.

The estimated volume of the contract will be: up to EUR 100,000 per year

A framework contract places reciprocal obligations on both parties with regard to those elements which are unalterably and unequivocally established when the contract is concluded, such as price, subject, basic performance conditions and duration.

The framework contract will contain legal, financial (including price revision rules), administrative and technical provisions, applicable during its validity period.

The contract will include the tasks and services described in the specifications for tender. The bid will form an integral part of the contract, as will these specifications.

The framework contract imposes no obligation on EU-OSHA to call on the services of the contractor. Only implementation of the framework contract through specific contracts is binding on EU-OSHA.


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A sample framework contract can be found in Annex 7 for information.

1.5. Implementation of the framework contract

As the precise quantities and times for deliveries or performance cannot be determined in advance, tasks are to be carried out on the basis of specific contracts drawn up by EU-OSHA after consultation with the contractor and consistent with the tenderer’s financial proposal. This consultation will take the form of an exchange of correspondence between EU-OSHA and the contractor to define the scope, precise dimension and budget implications of the tasks and services. Once EU-OSHA and the contractor have come to an agreement, EU-OSHA will issue the specific contracts.

Within 10 working days of a specific contract being sent by EU-OSHA to the contractor, EU-OSHA should receive it back, duly signed and dated. The period allowed for the execution of the task shall start to run from the date the last party signs the specific contract.

The contractor will be responsible for developing and agreeing with EU-OSHA a reporting system for expenditure charged against the specific contract in order to keep EU-OSHA regularly informed.

In accordance with Article II.20 of the draft framework contract, an audit of the contractor’s compliance with his contractual obligations may be carried out by EU-OSHA at the end of the framework contract.

A sample specific contract can be found in Annex 8 for information.

1.6. Terms of paymentWith respect to the specific contracts signed under the framework contract, payments will be made against acceptance by EU-OSHA of agreed deliverables, the necessary supporting documentation and reporting as indicated in the draft framework contract in section II.15.

1.7. Time schedule for this tender

Task Date Comments

Launch date 31/07/2012 Contract notice sent to Official Journal

Deadline for request of clarifications from EU-OSHA

21/09/2012 http://osha.europa.eu/en/about/calls

Last date on which clarifications are issued by EU-OSHA

28/09/2012 http://osha.europa.eu/en/about/calls

Deadline for submission of offers 05/10/2012 @ 16:00 local time (if delivered by hand)

Opening session (Public) 16/10/2012 @ 15:00 Local time

Date for evaluation of offers End October Estimated

Notification of award(s) to the selected tenderer(s) End October Estimated

Framework contract(s) signature Mid November

Estimated


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http://osha.europa.eu/en/about/calls


2. Description of the requested tasks and services This call for tender aims at selecting a company to provide professional copywriting, editing and proof checking services to deliver written material within a given timeframe in English.

The contractor should undertake the following activities:

Copywriting in English

Editing in English

Proof checking in English

Research (desktop or on location)

Training related to copywriting and editing

2.1. Copywriting in English For the purposes of this tender, copywriting is defined as the production of persuasive copy that engages and convinces the reader.

Many of EU-OSHA’s publications are translated and therefore all copy produced should conform to the standards established by the Translation Centre for the Bodies of the European Union.

Guidelines and techniques for search engine optimisation should be respected when writing for the web to improve the visibility of websites or web pages in search engines’ results.

Copywriting covers the following:

Corporate material (Annual report, summaries of reports, information sheets)

Campaign and promotional material (leaflets, campaign guide, Power Points etc.)

Journalistic writing (news releases, interviews and articles for specialised press)

Speech writing

Writing for the web (teasers, standfirsts, sections on specific topics, survey results)

Writing for social media (blog posts etc.)

Update of house-style guide

Note taking and writing on location (see point 2.4)

2.2. Editing in EnglishThe service covers all stages required to edit and produce final texts in English from draft texts provided by EU-OSHA. Editing is done to improve reports, information sheets, promotion material and internal documents.

Generally, the contractor is required to do language editing to check whether each section of a transcript expresses the author’s meaning clearly, particularly in texts where the authors are not writing in their native language. It involves looking at spelling, punctuation, capitalisation, abbreviations, grammar, sentence structure, subject/verb agreement, consistent verb tense, word usage etc. It can involve cosmetic, textual or house-style corrections to improve readability.

Particular attention should be paid to the way references, footnotes, endnotes etc. are displayed, whether they are consistent throughout the document and if they conform to EU-OSHA’s house style. The creation or adaptation of bibliographies might be required in some cases.

In some cases the contractor is required to perform substantive editing, meaning a substantial rewrite of the text to improve the overall coverage and presentation of a piece of writing, its content, scope, length, level and organisation. The editor may suggest improvements for the author to make, or (in agreement with the author) rewrite and rearrange the material, suggest better concrete examples, etc.


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http://cdt.europa.eu/CDT%20Publication%20Book/Writing%20for%20translation/WRITING_FOR_TRANSLATION_EN.pdf


EU-OSHA will define the level of editing required when providing the contractor with the text.

2.3. Proof checking in EnglishProofing is a final read through of a laid out documents (usually PDF files) before publication on the web or printing. It involves checking and correcting typography, spelling, punctuation, grammar and format. Proofing is carried out on a PDF document, using mark-ups and comments in Adobe Acrobat Professional.

2.4. Research (desktop or on location)Desktop research or research on location will be required to produce conference proceedings, the annual report, promotion material etc. Desktop research involves reading material provided by EU-OSHA and seeking additional material either on the web or through other means (e.g. telephone interviews). Research on location involves attending conferences, workshops and meetings, note taking and carrying out interviews.

2.5. Training in copywriting or editing techniquesThe service provider should be able to provide training to EU-OSHA staff members. The training should equip staff with skills to improve the quality of their copywriting or editing, enabling them to express themselves better in writing and communicate intended messages effectively. Training should cover topics such as writing for the Internet, producing effective presentations and producing concise and compelling texts. Any training should take into account the requirements of the Interinstitutional style guide and EU-OSHA’s in-house style guide. Training is to be delivered at EU-OSHA’s premises.

2.6. WorkloadThe annual workload can be roughly broken down as follows:

Category Volume Percentage of total workload (man-days)

Copywriting 150 pages 43%

Editing 1,000 pages 45%

Proof checking 200 pages 5%

Research 5 days 5%

Training 2 - 4 days 2%

One page is considered as 1,500 characters without spacing.


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2.7. WorkflowsSpecific contracts are issued to cover all editing, copywriting and proof reading tasks in line with EU-OSHA’s yearly publications plan. Each specific contract is accompanied by a job list which contains information on the type of service required, type of product, topic, length, man-days needed, status and deadlines.Draft documents, briefings and background information are delivered by EU-OSHA via email to the tenderer mainly in Microsoft Word format, PDF or equivalent. All material is provided in English.

Draft documents should be delivered by the service provider in formats readable by standard PC programmes such as MSOffice within the agreed timeframe. In some cases, the service provider could be asked to access EU-OSHA’s content management system directly in order to copywrite or edit texts online.

2.8. Publication and copyrightAny results or rights thereto, including copyright and other intellectual or industrial property rights, obtained in performance of the contract shall be owned solely by EU-OSHA, as appropriate, which may use, publish, or assign them as it sees fit, without geographical or other limitation, except where rights exist prior to the contract being entered into.

The contractor must ensure that all the services provided are delivered free of rights including copyright and other intellectual or industrial property rights.

2.9. Stability of serviceFor the entire duration of the contract, the contractor has to provide sufficient resources to guarantee the stability of the service offered and the quality of the supplies necessary for proper performance of the specific agreements.

3. General guidelines3.1. Contacts between EU-OSHA and the

tenderer3.1.1. Written clarification before the closing date

Requests for clarification regarding this procurement procedure or regarding the nature of the contract can be sent by mail, fax or email to:

European Agency for Safety and Health at WorkGran Via 3348009 BilbaoSpain

Email: [email protected]

Fax: 0034 94 479 43 83

Each request for clarification sent to EU-OSHA should indicate the reference number and the title of the tender.

The deadline for clarification requests is indicated in the timetable in section 1.7.

EU-OSHA will provide additional information resulting from a request for clarification in writing.


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Please also check regularly the related web section, where all questions and answers related to this call will be published: http://osha.europa.eu/en/about/calls/

In case EU-OSHA discovers an error, a lack of precision, an omission or any other type of clerical defect in the text of the contract notice or in the specifications for tender, EU-OSHA will inform candidates at its own instance.

3.1.2. Contacts between EU-OSHA and tenderers after the closing date

If, after the tenders have been opened, some clarification is required in connection with a tender, or if obvious clerical errors in the submitted tender must be corrected, EU-OSHA may contact the tenderer, although such contact may not lead to any alteration of the terms of the submitted tender.

3.2. Submission of an offer by a consortium of companies

Joint offers from consortia of providers are permitted provided that conditions for adequate competition are observed. Tenders from consortia of firms or groups of providers, contractors or suppliers must specify the role, the qualifications and experience of each member of the group.

The consortium must clearly indicate which provider will be carrying out which tasks as well as who has been appointed by the others as the lead partner. The lead partner shall be the contracting party with EU-OSHA and shall be responsible for the overall performance of the contract and management of the other members of the consortium, however, all partners must assume joint and several liabilities towards EU-OSHA.

Notwithstanding the above, each member of the consortium must be eligible in accordance with the exclusion criteria in section 6.2 and provide the required evidence. In addition, members must be capable of performing the contract in accordance to the selection criteria in section 6.3 and complete Annex 2e.Tenders must include the means of control provided by the incorporation law of the constituent legal entities. If the consortium is not already legally established, in the event of a joint tender being awarded the contract, EU-OSHA will require the tenderers to give a formal status to the proposed association before the contract is signed.

3.3. SubcontractingThe tenderer must indicate clearly which parts of the work will be sub-contracted. The total value of the subcontracted part of the services cannot represent the total value of the contract value. All sub-contractors must satisfy all criteria applicable to the award of the contract.

If the identity of the intended sub-contractor(s) is already known at the time of submitting the tender, all sub-contractors must provide the required evidence for the exclusion and selection criteria (sections 6.2 and 6.3) and complete Annex 2f.

If the identity of the contractor(s) is not known at the time of submitting the offer, the tenderer who is awarded the contract will have to seek EU-OSHA’s prior written authorisation before entering into a sub-contract. Where no sub-contractor is given, the work will be assumed to be carried out directly by the tenderer.

3.4. Confidentiality and public access to documents

In the general implementation of its activities and for the processing of tendering procedures in particular, EU-OSHA observes the following EU regulations:


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EU Council Directive 95/46 of 24 October 1995 and EU Council Regulation 45/2001 of 18 December 2000 on the protection of individuals with regard to processing of personal data by the Community institutions and the free movement of such data.

EU Council regulation 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.

3.5. Standard provisions applied by EU-OSHA in its contracts

In drawing up your offer, you should bear in mind the provisions provided in the draft framework contract (Annex 7), which you will be required to undersign in the event of contract award. In particular, the draft framework contract indicates the method and the conditions for payments to the contractor.

3.6. Additional important information3.6.1. Implications of submitting a tender

The submission of an offer implies acceptance of the terms and conditions specified in the draft framework contract, including the “General terms and conditions applicable to contracts”, and all provisions laid down in these specifications, annexes and where applicable, additional documents.

The tenderer shall be bound by the submitted offer for a period of 6 months following the closing date for submission. The successful tenderer must maintain this offer for a further 90 days from the date of notification of the award.

All documents presented by the tenderer become the property of EU-OSHA and are deemed confidential.

3.6.2. ReimbursementEU-OSHA will not reimburse expenses incurred in preparing and submitting offers. EU-OSHA will not reimburse expenses incurred in attending opening sessions.

3.6.3. Obligations of EU-OSHACompleting the adjudication or the procedure of the call for tenders in no way imposes on EU-OSHA an obligation to award the contract. EU-OSHA shall not be liable for any compensation with respect to tenderers whose offers have not been accepted, nor shall EU-OSHA be liable when deciding not to award the contract.

4. Content of the tenderTenderers are expected to examine carefully and respect all instructions and standard formats contained in these specifications for tender.

All tenders must consist of the following parts: Part A: Administrative part and supporting documentation

Part B: Technical proposal

Part C: Financial proposal

4.1. Part A - Administrative part and supporting documentation


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The supporting documentation is an important part of your offer and must be complete to guarantee that your technical proposal will be evaluated.

The administrative part must contain all the information and documents required by the contracting authority for the appraisal of tenders and, in particular, the following documents:

Checklist (Annex 1)

Declaration of honour – Exclusion criteria (Annex 2a)

Tenderer’s administrative information, providing EU-OSHA with details on the legal status and the relevant bank information required for payments.

Tenderers are requested to complete the Legal Entity Form (Annex 2b), the Financial Identification Form (Annex 2c) including all documents required by those forms and the Administrative tender data form (Annex 2d).

If applicable, the Consortium form (Annex 2e) and the Subcontracting form (2f)

Supporting documents for the Selection criteria (all documentation requested in section 6.3)

4.2. Part B - Technical proposalThis section is of great importance in the assessment of the tenders, the award of the contract and the future execution of any resulting contracts. The technical proposal must meet all the specifications set out in the award criteria (section 6.4). Tenders must be specific and realistic while remaining clear and concise, in terms of both content and presentation.

The technical proposal must contain the following documentation:

Project management and quality assurance (6.4.1.)

Scenarios 1 - 4 (6.4.2.)

4.3. Part C - Financial proposalTenderers are requested to duly fill and submit the price list in Annex 6.Prices must be quoted in euros (EUR) using the conversion rates published in the C series of the Official Journal of the European Communities on the day when the invitation to tender was issued (see http://ec.europa.eu/budget/inforeuro/). Prices must be quoted in euros, including for tenderers from countries which are not part of the Euro zone. For tenderers in such countries, the price quoted may not be revised in line with exchange-rate movements and the tenderer accepts the risks or benefits of any fluctuations.Prices should be quoted free of all duties, taxes and other charges, i.e. also free of VAT, as EU-OSHA is exempt from such charges in the EU under Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 (OJ L 152, 13 July 1967).For those countries where national legislation provides an exemption by means of a reimbursement, the amount of VAT must be shown separately. In case of doubt about the applicable VAT system, it is the tenderer’s responsibility to contact national authorities to clarify the way in which the European Community is exempt from VAT.All costs incurred in the preparation and submission of the tender are to be borne by the tenderer and will not be reimbursed.

5. Presentation of the offer5.1.1. Lots

This tender is not divided into lots. The tenderer must be in a position to be able to provide all services requested.


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5.1.2. LayoutThe tender must be clear and concise, with continuous page numbering on parts A, B and C, so as that each part constitutes a coherent whole. Since tenders will be judged on the content of their written offers, these must clearly demonstrate that the tenderer is capable of carrying out the work.

5.1.3. LanguageOffers must be submitted in one of the official languages of the European Union. In order to ease and speed up the offer evaluation, English is the preferred language for submission. The offer should be signed by the legal representative and perfectly legible in order to rule out any ambiguity.

5.1.4. Double envelope systemOffers must be submitted in accordance with the double envelope system.

The outer envelope or parcel should be sealed with adhesive tape and signed across the seal and carry the following information:

the reference number of the tender (EU-OSHA/CPU/2012/T4)

the project title (‘Copywriting, editing and proof checking services in English’)

the name of the tenderer

the indication “Offer - Not to be opened by the internal mail service”

the address for submission of offers (see below)

the date of posting should be legible on the outer envelope

The three innermost envelopes are: Envelope A - Administrative part and supporting documentation: one original (in paper)

Envelope B - Technical proposal: one original (in paper, unbound, clearly marked as “Original” and each page has to be signed/initialled), two copies (in paper, bound and each marked as “Copy”) as requested in 6.4 and related annexes; USB stick containing the scenarios.

Envelope C - Financial proposal: one original (in paper, unbound, clearly marked as “Original” and each page has to be signed/initialled), two copies (in paper, bound and each marked as “Copy”) as requested in Annex 6.

5.1.5. Postal addressThe offer is to be submitted to the following address:

European Agency for Safety and Health at Work,1st Floor Reception, Gran Vía 33, 48009 Bilbao, Spain

5.1.6. Date for submissionThe offer should be postmarked not later than the date indicated in the timetable in section 1.7 or submitted by hand not later than 16.00 hrs on the same date.


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6. Assessment and award of the contract6.1. Stages in the procedureOffers will be opened and evaluated by persons possessing the technical and administrative capacities necessary to give an informed opinion on the offers. Members of the opening and evaluation panel are nominated on a personal basis by EU-OSHA under guarantee of impartiality and confidentiality.

6.1.1. Offer opening sessionThe main aim of the opening session is to check whether the offer received is compliant with the following formal requirements:

Not submitted later than the submission deadline

The envelope containing the offer is sealed

Written in any of the official languages of the European Union

The technical offer should be signed on each page and the administrative documentation where signature is specified

Contains all parts as indicated in section 4 (Part A: Administrative part and supporting documentation, Part B: Technical proposal, Part C: Financial proposal)

Submitted in the number of copies required, as defined in section 5.1.4.

EU-OSHA reserves the right to exclude offers that fail to comply with any of the above mentioned requirements.

The opening session will take place on the date indicated in the timetable in section 1.7 at the premises of EU-OSHA. Tenderers wishing to attend the opening session must send a request by email to [email protected] at least 48 hours before the day of opening, quoting the reference number of this tender.

Maximum one representative per tenderer may attend the opening session and their participation will be restricted to an observer role.

This representative should give evidence of his legal capacity for attending the opening session (legal representative of the company or person having delegation of authority).

6.1.2. Offer evaluation sessionOffers complying with the formal requirements and checked during the opening session will be evaluated in three stages:

The evaluation committee discusses the eligibility of the tenderer to participate in the tendering procedure according to the exclusion criteria in section 6.2.

The evaluation committee checks the capacity of the tenderer to perform the contract in view of the selection criteria in section 6.3. If one of the relevant criteria listed under the selection criteria is not positive, the offer may not be further evaluated.

The evaluation committee evaluates the technical proposals and awards a score for each tender according to the best quality/price ratio.

The contract will be awarded to the tenderer offering the best value for money, taking into account the award criteria.The evaluation procedure is confidential. The evaluation committee’s deliberations are held in closed session and its decisions are collective. The members of the evaluation committee are bound to secrecy.

Each tenderer will be informed in writing about the outcome of the call for tender.


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6.2. Exclusion criteriaEU-OSHA shall accept as satisfactory evidence that the tenderer is not in one of the situations described in points (a) to (f) of the Declaration of honour (Annex 2a) by signing it.

The awarded tenderer shall furnish, within a time-limit specified by the awarding authority and prior to the signature of the contract, the additional documentation that is described in Annex 2a.In addition, the contract will not be awarded to tenderers who, during the procurement procedure:

Are subject to a conflict of interest;

Are guilty of misrepresentation in supplying the information required by EU-OSHA as a condition of participation in the contract award procedure or fail to supply this information;

Any attempt by a tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the evaluation committee or EU-OSHA during the process of examining, clarifying, evaluating and comparing tenders will lead to rejection of the offer and may result in administrative penalties.

Those situations are covered by the Declaration of honour under points (g) to (l) in Annex 2a.

6.3. Selection criteriaThe tenderer must submit evidence of the capacity to perform the contract.

Any tenderer or candidate has to prove that they are authorised to perform the contract under national law, as evidenced by inclusion in a trade or professional register, or a sworn declaration or certificate, membership of a specific organisation, express authorisation, or entry in the VAT register.

An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by undertaking on the part of those entities to place those resources at its disposal.

Under the same conditions, a consortium of economic operators may rely on the capacities of members of the consortium or of other entities.

In the case of a consortium submitting an offer, each member of the consortium must provide the required evidence. For ‘technical and professional capacity’ (section 6.3.2) the evidence provided by each member of the consortium will be checked to ensure that the consortium fulfils the criteria as a whole.

The evaluation committee will examine the offers to ensure that the information requested in the selection criteria has been provided and that the tenderer fulfils all these criteria. Offers which fail to include some of the information requested, may be rejected outright.

6.3.1. Economic and financial capacityProof of economic and financial capacity must be furnished by: a statement of overall turnover and turnover concerning the provision of tasks and services

described in this call for tender for the last three financial years.

A statement concerning other types of services will not be taken into consideration.

In addition, at least one of the following documents:

appropriate statements from banks or evidence of professional risk indemnity insurance.

the presentation of balance sheets or extracts from balance sheets for at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established.


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6.3.2. Technical and professional capacity A minimum of three years’ experience in providing copywriting, editing and proof checking

services;

Experience in copywriting or editing in areas such as scientific research, social sciences, health and safety or for clients in the public sector;

Knowledge of the EU inter-institutional style guide and techniques for search engine optimisation; ability to apply EU-OSHA’s internal style guide;

The tenderer shall appoint an account or project manager, who will be the contact for all matters linked to the framework contract. The account or project manager shall guarantee efficient and on-demand response to EU-OSHA's requests for quotations, contacts, meetings and other administrative requests. The account or project manager will have knowledge in the field of work of the framework contract and be the single contact point for interaction with EU-OSHA relating to the tasks and services provided: s/he will follow up, discuss the works and gather additional details related to the materials to be developed.

The copywriters and editors proposed by the tenderer must be English native language speakers or the equivalent thereof and must have a sound knowledge and solid experience in writing texts that appeal to heterogeneous audiences (general public, the media, health and safety specialists, policy-makers).

The tenderer shall possess the ability to work with Microsoft Office compatible documents and Adobe Acrobat Professional. The tenderer shall be able to receive, transmit and access materials through internet based services. EU-OSHA might ask the contractor to work directly on its internet-based content management system.

Communication between the tenderer and EU-OSHA must be possible by phone, electronic mail, fax, normal and registered mail.

The tenderer shall be able to communicate with EU-OSHA in English.

The tenderer shall be able to provide technical advice in questions related to the subject of the framework contract.

6.3.3. Proof of technical and professional capacityTechnical and professional capacity of economic operators must be furnished on the basis of the following documents:

A detailed company profile of maximum 4 pages, including a description of the tenderer's activity, demonstrating the ability to provide services similar to those communicated in this call for tender;

A list of the main clients covering the past three years;

A list of the tenderers main technical equipment (hardware and software equipment);

At least 2 and maximum 4 contracts or projects performed in the past five years, similar to the scope, size and nature to those described in this call for tender. In order to prove this capacity, tenderers are requested to complete a Project/Activity Reference Form (PARF) for each contract or project (see Annex 3).

PARF requirements:

- The PARFs must demonstrate the tenderer’s ability to deliver the services that form part of this call for tender.

- At least 1 of the PARFs must have a minimum value of 10,000 € while all the others must have a minimum value of 2,000 €.


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http://publications.europa.eu/code/en/en-000100.htm


- At least 1 of the PARFs must demonstrate the ability to deliver copy for clients in the public sector or on topics covering scientific research, social sciences or health and safety.

Detailed CVs of all of the tenderers staff involved in the execution of the contract. Each CV (maximum 2 pages) must indicate to which profile it corresponds. The tenderer must prove the following profiles of expertise:

Profile: Account Manager/Project Manager – Nature of tasks:

- Contract and finance management- Project management and coordination of the entire workflow including review of EU-OSHA’s briefings, project planning, definition of tasks and deliverables, preparation of timelines, review and approval of project deliverables, regular status reports, problem reporting, quality control, risk analysis and management- Guide team members in charge of project activities and review their deliverables

Profile: Copywriters/Editors – Nature of tasks:

- Writing clear, consistent and engaging copy for a range of audiences.- Writing focused, concise and engaging material.- Working in a range of different writing styles.- Producing texts for corporate promotion, awareness-raising and campaigns.- Carrying out research for articles. - Conducting in-depth telephone interviews. - Presenting various options, ideas, samples etc. - Liaison with other contractors such as graphic designers.

The CVs will be assessed in terms of technical expertise in managing similar projects and priority will be given to seniority in managing similar projects.

The CVs must show evidence of the requested qualifications.

Tenders are requested to use the European template which can be downloaded at http://europass.cedefop.europa.eu/europass/home/hornav/Downloads/EuropassCV/CVTemplate.csp

The account manager and the other team members involved in the execution of the contract must state their level of English using the ‘Common European Framework of Reference for Languages’ at www.coe.int/T/DG4/Linguistic/Source/Framework_EN.pdf (point 3.3). Levels below C2 will not be considered sufficient to fulfil the needed professional capacity.

Documents to provide in case of consortium and subcontracting (for the Selection Criteria): Economic and financial capacity:

All documentation needs to be provided by each member of the consortium and each subcontractor.

Technical and professional capacity: Consortium: Each member of the consortium must provide the required evidence for the

‘technical and professional capacity’. The evidence provided by each member of the consortium will be checked to ensure that the consortium as a whole fulfils the criteria.

Subcontracting: The tenderer must indicate clearly, which parts of the work will be sub-contracted, and the identity of all subcontractors undertaking more than 10% of the work by value. Each subcontractor should present proof of the technical and professional capacity by providing:

- A detailed company profile, including a short description of the subcontractor’s economic activity demonstrating the ability to provide services that will be subcontracted to the company (maximum of 4 pages), including its activity with regards to the scope of the this call for tender;

- 2 contracts/projects performed in the last 5 years, similar to the scope and nature as those that will be sub-contracted. In order to prove this capacity, subcontractors


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http://www.coe.int/T/DG4/Linguistic/Source/Framework_EN.pdf

http://europass.cedefop.europa.eu/europass/home/hornav/Downloads/EuropassCV/CVTemplate.csp

http://europass.cedefop.europa.eu/europass/home/hornav/Downloads/EuropassCV/CVTemplate.csp


are requested to complete 2 Project/Activity Reference Forms (PARFs) contained in Annex 3;

- Detailed CV(s) of the subcontractors’ staff related to the subcontracted tasks (for details on how to submit a CV, refer to “CV’s Specifications” above).

Since the technical and professional capacity of tenderers will be assessed on the basis of the documents requested above, tenderers should note that any total or partial omission of information for which one or more providers involved in the tender are responsible may lead EU-OSHA to exclude the tender from the rest of this procedure.

6.4. Award criteriaOnce the tenderer has demonstrated the appropriate capacity to perform the contract on the grounds of the selection criteria, the offer will be assessed on the basis of the award criteria.

Offers will be examined from the perspective of quality in order to assign to each offer a quality score calculated according to the detailed rules set out in section 6.4.3.

The award criteria are based on the following technical proposal:

Project management and quality assurance (Annex 4) Scenarios (Annex 5)

Each part of the technical proposal will receive a certain number of points as explained in point 6.4.3. The sum of these points represents the Quality Score which will be multiplied by 1,000 and will then be divided by the reference price as detailed in Annex 6.

6.4.1. Project management and quality assuranceTenderers must provide a document of maximum of 10 pages, presenting the tenderer's approach to project management and quality assurance with regards to the scope of this call for tender. Text beyond the specified length will not be taken into consideration.

The document shall cover the following information:

Method proposed to ensure the ability to respond professionally and in a timely manner to the type of requests for tasks and services described in this call for tender;

Mechanisms envisaged for selecting the team to ensure the services will be provided under the optimal conditions. Additional editors and copywriters proposed by the contractor will be subject to EU-OSHA’s approval;

Quality control of the work performed to ensure the quick replacement of one or more staff if they fail to perform;

How to deal with peak loads and to ensure continuity and stability of service; How to track progress and to report regularly to all parties involved on the project status.

Quality control and assurance and complaint management;

The document will be assessed against the criteria as set out in Annex 4.

6.4.2. ScenariosTenderers must present their approach to technical issues by means of scenario development as described in Annex 5. Tenderers are requested to develop all requested scenarios. They are assessed against the criteria mentioned in each of them. No award criteria and sub criteria others than those mentioned in Annex 5 will be used to evaluate the technical proposal.

Scenario 1: Copywriting a news release Scenario 2: Copywriting a speech


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Scenario 3: Copywriting a blog entry Scenario 4: Editing exercise


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6.4.3. Quality scoreThe quality of the proposals will be assessed out of 1,000 points, broken down as follows:

A maximum of 400 points will be awarded for the Project management and Quality assurance according to the criteria set out in Annex 4.

A maximum of 600 points will be awarded for the Scenarios in accordance with the specifications and the criteria set out for each scenario in Annex 5 (scenario 1: 200 points, scenario 2: 150 points, scenario 3: 50 points, scenario 4: 200 points)

Minimum points required: 200 points for project management and quality assurance as established in Annex 4. 300 points for the scenarios as established in Annex 5 (scenario 1: 100 points, scenario 2: 75

points, scenario 3: 25 points, scenario 4:100 points).

Minimum total points for all award criteria: 650 points.

Tenderers scoring less than 650 points of the total score (1,000 points) for all of the technical award criteria and tenderers scoring less than half marks for project management and quality assurance or less than half marks for any one of the scenarios will be excluded.

Tenderers should elaborate on all points addressed by these specifications in order to score as many points as possible. Merely repeating the 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.

The Quality score will be calculated by adding the number of points obtained for Project Management and Quality Assurance and the number of points obtained for Scenarios 1 – 4.

Criteria Points

Project Management and Quality Assurance A

Scenario 1 B

Scenario 2 C

Scenario 3 D

Scenario 4 E

Quality Score A+B+C+D+E

The contract will be awarded to the tenderer obtaining the highest Final score when multiplying the Quality score by 1,000 and dividing the resulting product by the Reference price as indicated in Annex 6 (please see below formula).

Quality Score x 1,000

Final score = ________________________________

Reference price as indicated in Annex 6


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Annex 1: Checklist This checklist must be used to ensure that you have provided all the documentation for this tender in the correct way. This checklist should be signed and included in envelope A of your offer.

You must submit your offer in one envelope which contains 3 separate inner envelopes clearly marked envelope A, B and C.Please tick the boxes Envelope ‘A’ must contain original copies of

this checklist signed and dated

the Declaration of Exclusion Criteria, signed and dated, as found in Annex 2a

the Legal Entity Form, signed and dated, found in Annex 2b including all supporting documents

the Financial Identification Form, signed and dated, found in Annex 2c including all supporting documents

the Administrative Form, found in Annex 2d

If applicable the additional forms in Annexes 2e and 2f

the evidence documentation related to the selection criteria found in section 6.3

Envelope ‘B’ must contain

one original signed and 2 copies of the technical proposal

USB

Envelope ‘C’ must contain

one original signed and 2 copies of the financial proposal

You should also ensure that:

your offer is formulated in one of the official languages of the European Union

both the technical and financial proposals of the offer are signed by the tenderer or his duly authorised agent

your offer is perfectly legible in order to rule out any ambiguity

your offer is submitted in accordance with the double envelope system as detailed in section 5.1.4

the envelope containing the offer is sealed

Full name: ____________________________________________

Date: ____________________________________________


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Signature: _______________________________________

Annex 2a: Declaration of honour with respect to the Exclusion Criteria and absence of conflict of interest

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

…………………………………………………………………………………………………………………….

in his/her own name (if the economic operator is a natural person or in case of own declaration of a director or person with powers of representation, decision making or control over the economic operator)

or

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 not the subject of proceedings concerning those matters, and is not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b. has not been convicted of an offence concerning professional conduct by a judgement which has the force of res judicata;

c. has not been guilty of grave professional misconduct proven by any means which the contracting authority 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 is established, with those of the country of the contracting authority and those of the country where the contract is to be carried out;

e. has not been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union’s financial interests;

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

In addition, the undersigned declares on their honour:

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


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h. they will inform the contracting authority, without delay of any situation considered a conflict 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 an advantage can be derived under the contract;

j. they have not granted and will not grant, have not sought and will not seek, have not attempted and will not attempt to obtain, and have not accepted and will not accept any advantage, financial or in kind, to or from any party whatsoever, constituting an illegal practice or involving corruption, either directly or indirectly, as an incentive or reward relating to award of the contract;

k. that the information provided to the Agency within the context of this invitation to tender is accurate, sincere and complete;

l. that in case of award of contract, they shall provide upon request the evidence that they are not in any of the situations described in points a, b, d, e above.

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 (natural persons 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 the administrative and financial penalties described under art 133 and 134b of the Implementing Rules (Commission Regulation 2342/2002 of 23/12/02), which may be applied if any of the declarations or information provided prove to be false.

Full name Date Signature

…………………………………………………… ……………………... …………………………………..


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Annex 2b: Legal Entity FormThis form is to be downloaded, depending on the nationality of the tenderer, from the following website:

http://ec.europa.eu/budget/execution/legal_entities_en.htm

Annex 2c: Financial Identification FormThis form is to be downloaded, depending on the nationality of the tenderer, from the following website:

http://ec.europa.eu/budget/execution/ftiers_en.htm


25

http://ec.europa.eu/budget/execution/ftiers_en.htm

http://ec.europa.eu/budget/execution/legal_entities_en.htm


Annex 2d: Administrative tender data form

Name of company or trade name, where applicable*

Full address

Address of the company headquarters or registered office, if this is different. Tenderers must indicate the member state in which they have their headquarters or registered office, and furnish proof thereof in accordance with their national legislation.

Telephone and fax numbers

E-mail address and website

Brief, clear description of the legal status of the tenderer

Registration date

Country of registration

Registration number

VAT number

Person/s authorised to act on behalf of the entity (individually or collectively) and who may sign documents validly on its behalf [first name, family name and position]

Contact person for this tender [first name, family name, position, telephone and fax numbers, e-mail and address]

* If the legal entity to be assumed by the tenderer is that of a consortium, please complete the Consortium Form


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Annex 2e: Consortium form (if applicable)

Name of tenderer: ............................................................................................................................Form of the consortium (cross relevant box):

Permanent Legally established Grouping for this tender

Name(s) Address

Leader of the Consortium (person authorised to conclude contract)

Partner 1*

Partner 2*

Partner 3*

* add/delete lines for partners as appropriate. Note that a subcontractor is not considered to be a partner.

We confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract, that the leader is authorised to bind, and receive instructions for and on behalf of, each partner, that the performance of the contract, including payments, is the responsibility of the leader, and that all partners in the consortium are bound to remain in the consortium for the entire period of the contract’s performance.

Signature:

(Leader)

Date:

Signature:

(Partner 1)

Date:

Signature:

(Partner 2)

Date:

Signature:

(Partner 3)

Date:


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Annex 2f: Subcontracting form (if applicable)

Name(s) Address

Tenderer(person authorised to conclude contract)

Subcontractor 1*

Subcontractor 2*

* add/delete additional lines for subcontractors as appropriate.

DeclarationAs subcontractors for this tender, we confirm that we are willing to perform the tasks assigned above and as specified in the tender.

Signature:Tenderer

Date:

Signature:Subcontractor 1

Date:

Signature:Subcontractor 2

Date:


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Annex 3: PARF (Project/Activity Reference Form)The project/activity reference form must be used to give details about relevant projects and/or activities the tenderer wants to present as proof of experience with the delivery of services comparable to those defined in the Technical Specifications.

General rules:1. The use of the annexed project/activity form is mandatory. Only projects and/or activities

references submitted by using the annexed form will be evaluated.

2. A submitted PARF should be relevant to the subject and requires expertise relevant for this call for tender. Projects or activities that do not conform are not taken into account.

3. The tenderer has to provide a minimum of 2 PARFs and a maximum of 4 PARFs (Subcontractors only 2).

4. If the tenderer submits more than 4 forms, only the first 4 found in the offer will be analysed in the selection procedure.

5. PARFs should not be outdated, the project having been executed during the last 5 years.

6. A PARF consists of the following two (2) pages. All two pages must be completed, without exceeding the maximum length of description specified in the form.

7. PARFs must be entirely filled out.

8. PARFs containing “private references” (i.e. no name of client, no relevant URLs, no budget included for confidentiality matters) will not be evaluated. For information on confidentiality refer to Section 3.4. and 6.1.2.

9. EU-OSHA may contact the contact persons stated for each PARF to check the accuracy of the submitted information.


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Project/Activity Reference Form (PARF)PARF No: …..… page 1 of 2

Tenderer: ……………………………..………………………

Project/Activity name: ……………………………..………………………………

Client information

Client Name: ………………………………….……..………………………

Client’s Economic Sector: ……………………………..………………………

Public/Private sector 1

Short description of the project/activity (max 500 characters no spaces):…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

Contact persons: Names: Function: Tel. E-mail

1. ……………………………..……………………………..…………………………………

2. ……………………………..……………………………..…………………………………

3. ……………………………..……………………………..…………………………………

Organisation, planning, volumes

Start date (mm/yyyy):……….. End date (mm/yyyy):…………

Total value of the project executed during the period 2007-2011 ………………….. EURValue of the project related to the services requested in this call and executed by the tenderer during the period 2007-2011 …………….. EUR

1 Delete what is not applicable.


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Project/Activity Reference Form (PARF)PARF No: …..… page 2 of 2

Description of Project/Activity

Explain the relevance of this project for the call for tender (max 500 characters no spaces):…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

Internet address of the project when applicable :……………

Description (objectives, executed tasks, etc.) (max 1,500 characters no spaces):…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………….

Only for the original:

Full name: ____________________________________________

Date: ____________________________________________

Signature: ____________________________________________


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Annex 4: Assessment criteria for project management and quality assurance

Assessment criteria Information to be provided Points

Quality, relevance and creativity of the proposed method

The method proposed to ensure the tenderer is able to respond professionally and in a timely manner to any type of request for services described in this call for tender;

The approach must be relevant and stringent, including with regard to planning the work;

125

Quality of the work organisation and stability of service

Mechanisms in place to accommodate peak loads

Mechanisms to provide sufficient resources to guarantee the stability of the service offered and the quality of the services necessary for proper performance of the specific agreements.

80

Quality control and assurance

Measures to ensure quality control and assurance and to deal with complaint management;

Team selection and quality control of work performed;

Mechanisms for selecting subcontractors to ensure the services will be provided under the optimal conditions, notably in terms of the quality/price ratio (if applicable).

Tenderers are to describe mechanisms envisaged for quality control of the work performed by the subcontractors and ability to ensure the quick replacement of one or more of them if they fail to perform (if applicable).

80

Quality of the tracking and reporting

Progress tracking method to allow all parties to track the status of all assignments at any time.

Systems to report about project progress, number of man-days used and financial overview.

80

Clarity and concision of the tender

Tenders must comply with all the requirements in the specifications while remaining clear and concise, in terms of both content and presentation.

35

Total points 400

Minimum points required 200


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Annex 5: ScenariosTenderers are requested to develop scenarios 1, 2, 3 and 4. The scenarios will be assessed by the different criteria listed below.

The turnaround time to complete each scenario should be clearly stated. The turnaround time is the time elapsed between starting a particular job and delivery of the final document to EU-OSHA.

Scenario no. 1: Copywriting a news release Samples and work extracts to be provided News release to introduce the main findings of EU-OSHA’s report ‘Women at Work’

Tenderers must provide a written text of maximum 600 words.

In addition to paper copies, the document should also be stored in Word format on a USB-stick which should be put in envelope B. EU-OSHA cannot be considered liable in case the content of the USB stick cannot be accessed or read.

BriefingA summary of the report ‘Women at Work’ is available at:

http://osha.europa.eu/en/publications/reports/new-risks-trends-osh-women

Audience: General press, OSH press, EU press, policy-makers

Assessment criteria for scenario 1 Points

Understanding of EU-OSHA’s needs in terms of presentation, messages, tone and style

40

Creativity, conciseness and attractiveness of the text provided; compliance with Search Engine Optimisation techniques

150

Turnaround time 10

Total points 200

Minimum points required (50%) 100


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http://osha.europa.eu/en/publications/reports/new-risks-trends-osh-women


Scenario no. 2: Copywriting a speechSamples and work extracts to be provided Speech to announce the ‘2013 European Year of Citizens’ and EU-OSHA’s related

activities Tenderers must provide a written text of maximum 1500 words.


BriefingThe European Union declares almost each year to be centred on a particular issue (a so called theme-year), for example the European Year for Active Ageing and Solidarity between Generations in 2012. 2013 will be the ‘European Year of Citizens’ (http://ec.europa.eu/citizenship/european-year-of-citizens-2013/index_en.htm

A speech will be delivered by the EU-OSHA director at a local event in Bilbao on 9 May 2013 (Europe Day), promoting both the European Year and the relevance of EU-OSHA’s work to European citizens’ daily lives.

Audience: Local press, general press, EU press, OSH professionals


Understanding of EU-OSHA’s needs in terms of structure, messages, tone and style

40

Creativity, conciseness and attractiveness of the text provided; suitability for audience

100

Turnaround time 10

Total points 150



34

http://ec.europa.eu/citizenship/european-year-of-citizens-2013/index_en.htm

http://ec.europa.eu/citizenship/european-year-of-citizens-2013/index_en.htm


Scenario no. 3: Copywriting a blog entrySamples and work extracts to be provided Blog entry to announce the ‘2013 European Year of Citizens’ and EU-OSHA’s related

activities Tenderers must provide a written text of maximum 400 words.


BriefingEU-OSHA’s blog: http://osha.europa.eu/en/blog/front-page

Related to Scenario 2, the blog entry should inform readers about the event and the main messages of the speech in an engaging way that stimulates discussion.

Audience: EU-OSHA web audiences



10

Creativity, conciseness and attractiveness of the text provided; compliance with Search Engine Optimisation techniques

30

Turnaround time 10

Total points 50



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http://osha.europa.eu/en/blog/front-page


Scenario no. 4: Editing exerciseSamples and work extracts to be provided Edited version of the following excerpt of the report ‘Involvement of workers in the management

of occupational health and safety…’ as a printed Word document using track changes.




40

Creativity, conciseness and attractiveness of the text provided 150

Turnaround time 10

Total points 200



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Involvement of workers in the management of occupational health and safety: a ‘state of the art review’ of legislation and practiceIntroductionParticipation of workersParticipation is mainly the accommodation of the proprietor / owner as a situational and partial codetermination, co-management and co-organisation [1]. It can be differentiated by the

subject of participation (who takes part)

object of participation (what shall be done)

level of participation (hierarchy, extent of participation)

method of participation (how are workers involved in decisions)

basis for participation (formal or informal participation)

degree of participation (dimension of participation like no involvement, right for information, right for proposals, workers' participation, veto right, total autonomy) [1].

Thus, types of participation may highly vary according to the understanding, the influences and the consequences of participation [1]. Participation and involvement are used in parallel.

Examples for immaterial participation are employee suggestion systems, workers' participation through work councils and health and safety representatives, autonomous organisation schemes / autonomous working groups, quality circles but also meetings, safety talks, training of workers before taking up employment, repeated briefing / instruction [1, 2]. Material participation comprises cash based profit-sharing, deferred profit-sharing, employees saving plans or employee share ownership [3].

Besides the commitment of the employer / (top) management to occupational safety and health (OSH), the involvement of workers in OSH is one basic element for effective working systems [4]. Involvement may comprise rights for information, controle and codetermination [5]. Participation may be one of the most sustainable methods to establish self-responsibility in the culture of the company (if autonomy, participation and cooperation are provided) [1]. Furthermore, participation of workers is an important characteristic of ‘good work’ [6].

Outcomes of the involvement of workersExamples for positive outcomes due to the involvement of workers are numerously:

lower accident rates

lower lost-time frequency rate

better health and safety climate

better control of workplace risks

better knowledge about risks through consultation

better understanding of safe practices

lower rates of work-related injuries

safer and healthier workplaces

better and joint solutions to problems

better health and safety culture


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lower costs

higher general efficiency and productivity

higher quality

higher satisfaction and motivation

increased commitment

improved working conditions

improved safety at work

better health and safety awareness

higher valuing of employees

better promotion of effective prevention principles

better performance in joint arrangements [4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17]

These outcomes are valuable both for the employer / company and the employee / worker. However, sometimes workers’ involvement may have negative consequences for workers [1]. Workers participate in process optimisation and as a result of optimisation they might lose their job.

The legislative backgroundThe Treaty of LisbonThe European Union at the present time is build up on several treaties (e.g. the Treaty establishing the European Economic Community 1957, the Single European Act 1986, the Treaty of Amsterdam 1997, the Treaty of Nice 2000, the Treaty of Lisbon 2009). In view of occupational safety and health, two Articles of the Lisbon Treaty play an outstanding role: Article 114 and Article 153 (Figure 1).

Figure 1: The Treaty of Lisbon

Source: Federal Insitute for Occupational Safety and Health (BAuA) / [18]

Both Articles are the basis for several European Directives. Directives according to Article 114 relate to the Internal European Market. They comprise harmonisation measures and provide bindings


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standards, which are implemented one-to-one on national level in each European Member State. In contrast are directives in relation to Article 153. They deal with social aspects of work, like the improvement of the working environment / working conditions to protect workers' health and safety or the information and consultation of workers. These standards are minimum requirements which have to be implemented on national level, but every European Member State is allowed to go beyond these requirements [18]. One example for Directives in relation to Article 153 is the Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (‘OSH framework directive’).

Council Directive 89/391/EECThe Council Directive 89/391/EEC describes obligations on employers in occupational safety and health (e.g. Article 6 - General obligations on employers and Article 9 - Various obligations on employers). On the other hand, employees are also involved in occupational safety and health (e.g. Article 13 - Workers' obligations and Article 11 - Consultation and participation of workers).

In relation to the role of Health and Safety Representatives (HSR) and Health and Safety Committees (HSC) the Article 11 - Consultation and participation of workers - is of particular importance (Article 11 see Annex Error: Reference source not found). Workers and / or their representatives have the right to take part in discussions on all questions relating to health and safety at work. This includes the consultation of workers, the right to make proposals and the balanced participation in due consideration of national regulations and / or practices. Furthermore, workers or workers representatives with specific responsibility for safety and health:

shall take part in a balanced way or shall be consulted in advance and in good time by the employer

shall have the right to ask the employer to take appropriate measures and to submit proposals to him in order to mitigate hazards for workers and / or to remove sources of danger

may not be placed at disadvantages because of their respective activities

have adequate time off work - without loss of pay - to fulfil their tasks

have access to necessary means / equipment to exercise their rights and functions

are entitled to appeal to those authorities responsible for safety and health protection at work if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health at work

must be given the opportunity to submit their observations during inspection visits by the competent authorities [19].

Thus, workers and / or their representatives have the legal opportunity to give input to the practical implementation of OSH on company level. It is not only the employer who occupies on OSH, it is just as well the employee who might improve safety and health at work.

The practical implementation of provisionsThe Communication from the Commission COM 2004/62

The Council Directive 89/391/EEC defines minimum requirements for the EU Member States. Therefore, this demand leads to different implementations of the Directive on national level. In 2004, the Commission of the European Communities published a Communication Paper on the practical implementation of the provisions of the Health and Safety at Work Directives 89/391 (OSH framework), 89/654 (Workplaces), 89/655 (Work Equipment), 89/656 (Personal Protective Equipment), 90/269 (Manual Handling of Loads) and 90/270 (Display Screen Equipment) [20].

Among other things, the report depicts the implementation of Article 11 in the EU Member States. It states that the general participation of workers in enterprises had not been organised in a satisfactory manner.


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Although the possibilities of the workers representatives had been significantly increased in many EU Member States, some deficits of workers participation remained:

general lack of knowledge about the new rights of participation

concentration of worker representatives on practical solutions and day-to-day business (they focus on obvious problems instead of holistic approaches)

view on additional efforts (additional effort is seen as too time-consuming, fear of additional administrative charges)

delegation of responsibilities to workers’ representatives and / or safety committees (which reduces the willingness to take part / to show an interest in OSH and to take on responsibility for themselves)

imbalances between expertise and general knowledge and

workers’ lack of interest in matters concerning their own safety.

Furthermore, it was stated that the preventive effects of Health and Safety Committees were unknown. Quite the contrary: the higher the number of institutions and committees dealing with occupational safety and health, the lower the active participation in the definition of the prevention policies in the enterprises.

Differences were found on the levels of education and training: whereas training and education in large companies is considered adequate, the situation in small and medium-sized enterprises is less likely to be adequate.

The implementation of legislation in enterprisesOn the one hand the Communication from the Commission (COM 2004/62) depicts the implementation of Article 11 (89/391/EEC) in the EU Member States. But the existence of a legal basis does not necessarily mean the implementation of workers' participation in companies [6]. Further studies and overviews back these differences up.

A study of the Institute for Employment Studies reveals that only one small part of the employers in the study was aware of national regulations [21]. The existence of representatives depended moreover on the size of the workplaces [21]. Another study of the Cardiff University also shows deficiencies difficiencies in the implementation of legal requirements [12]. Occupational safety and health requires commitment from employers. Besides the focus on legal requirements, ethical and economical aspects of workers’ involvement and the impact of safety representatives on the health and safety performance should be emphasized [12].

Existing legal requirements (provision of training, communication with the employers, participation in risk assessment consultation on workplace changes) were only rarely implemented in practice [17]. But better implementation would change the current situation of OSH. Additionally, these requirements were seldom subject of enforcement by regulatory agencies. Therefore, further activities to improve such implementation were recommended [17].

Workers participation may vary between European member states [22] Frick cautioned against too simple comparison between varying national regulation of worker participation [23]. The implementation of workers' participation in companies depends on the stage of cultural development in the company and factors which influence such culture (ethnical aspects, development of the labour market, competition, technical and organisational developments, social and in plant balance of power) [6]. Wattendorf mentions the traditions in OSH [2]. Thus, workers have a more passive role and their potentials remain unused.

Some studies point out obstacles for the establishment of safety representatives and their impact on company level:

difficulties to get access to training

difficulties / ability to take paid release

no / no sufficient release from normal work tasks to take part in training


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lack of time, resources and facilities to act as a safety representative

conflicts between the role of the employer and the role of the safety representatives

missing information regarding duties and activities of safety representatives

problems related to OSH bureucracy

low protection levels in small companies

economical argumentations against investments in OSH

conflicts / differences with supervisors, workers, occupational health services, labour inspection and trade unions

motivation and recruitment problems due to little support and sympathy from superiors and colleagues [24, 25, 26].


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Annex 6: Financial proposal (Price list)Financial proposals should be made on the basis of several tasks which represent the type of work most frequently requested by EU-OSHA.

At evaluation stage the prices given will be weighted according to the percentages indicated below.

This price lists are integral part of the offer and will be annexed to the framework contract (article I.3.1). The price list is considered binding for a minimum of 1 year from the signature of the framework contract.

Scenario PagesMan-days required

Turnaround time in working days

Total price in EUR

Weighting

Copywriting a news release

20 pages of raw material provided for desk research

120%

Copywriting a speech


8

Copywriting a leaflet (promotion material)


2

Copywriting a blog post


0.5

Copywriting a campaign guide (promotion material)


10

10%

Copywriting a web section


20

Copywriting the annual report

2 days research on location required (alternative: telephone interviews); 60 pages of raw material provided for desk research

80

10%

Editing a report 100 55%

Editing a report 200

Proof checking a report 100 5%

Proof checking a report 200


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Reference prices (not for evaluation purpose, but to be annexed to the Framework Contract)

Service Price per man-day

Copywriting

Editing

Proof checking

Research

Training

One page is considered to be 1,500 characters without spacing

The turnaround time is the time elapsed between starting a particular job and delivery of the finished transcript to EU-OSHA.

Please note that travel and subsistence expenses will be charged separately and these costs should not be included in these scenarios. Travel expenses related to the execution of tasks will be reimbursed in accordance with the rules specified in article II.18 of the draft framework contract attached to these specifications.

The number of hours of research will be agreed between the contractor and EU-OSHA on a case by case basis. Desk research and research on location should be charged at the same rate.


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Annex 7: Model of Framework ContractCONTRACT NUMBER – #####

THE EUROPEAN AGENCY FOR SAFETY AND HEALTH AT WORK (hereinafter referred to as "the Agency"), represented for the purposes of the signature of this contract by [forename, surname, function, unit],

of the one part,

and

[official name in full]

[official legal form]

[statutory registration number][official address in full]

[VAT registration number]

(hereinafter referred to as "the Contractor"), represented for the purposes of the signature of this contract by [forename, surname and function,]

of the other part,

HAVE AGREED

the Special Conditions and the following Annexes and Specific Contract:

Annex I (a) General Conditions

(b) Model Specific Contract

Annex II – Tender Specifications (Invitation to Tender No [complete] of [insert date])

Annex III – Contractor's Tender (No [complete] of [insert date])

Annex IV - Daily subsistence allowances table

which form an integral part of this contract (hereinafter referred to as “the Contract”).

- The terms set out in the Special Conditions shall take precedence over those in the other parts of the Contract.

- The terms set out in the General Conditions shall take precedence over those in the model order form and model specific contract (Annex I)

- The terms set out in the model order form and model specific contract (Annex I) shall take precedence over those in the other Annexes.


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- The terms set out in the Tender Specifications (Annex II) shall take precedence over those in the Tender (Annex III).

- The terms set out in the Contract shall take precedence over those in the order forms and specific contracts.

- The terms set out in the specific contracts shall take precedence over those in the Requests for Services.

- The terms set out in the Requests for Services shall take precedence over those in the specific tenders.

Subject to the above, the several instruments forming part of the Contract are to be taken as mutually explanatory. Ambiguities or discrepancies within or between such parts shall be explained or rectified by a written instruction issued by the Agency, subject to the rights of the Contractor under Article I.7 should he dispute any such instruction.

I – SPECIAL CONDITIONS

ARTICLE I.1 - SUBJECT

I.1.1 The subject of the Contract is “ the provision of copywriting, editing and proof checking services in English”.

I.1.2 Signature of the Contract imposes no obligation on the Agency to purchase. Only implementation of the Contract through order forms and specific contracts is binding on the Agency.

I.1.3 Once implementation of the Contract has commenced, the Contractor shall provide the services in accordance with all terms and conditions of the Contract.

ARTICLE I.2 - DURATION

I.2.1 The Contract shall enter into force on the date on which it is signed by the last contracting party.

I.2.2 Under no circumstances may implementation commence before the date on which the Contract enters into force. Execution of the tasks may under no circumstances begin before the date on which the specific contract enters into force.

I.2.3 The Contract is concluded for a period of twelve months with effect from the date on which it enters into force. This contractual period and all other periods specified in the Contract are calculated in calendar days unless otherwise indicated.

I.2.4 The specific contracts shall be returned signed before the Contract to which they refer expires.

The Contract shall continue to apply to such specific contracts after its expiry. They shall be executed no later than three months after the end of the contract.

I.2.5 Contract renewalThe Contract shall be renewed automatically up to three times under the same conditions, unless written notification to the contrary is sent by one of the contracting parties and received by the other before expiry of the period indicated in Article I.2.3. Renewal does not imply any modification or deferment of existing obligations.


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ARTICLE I.3 – CONTRACT PRICES

I.3.1 Prices shall be expressed in EUR.

I.3.2 Price revisionPrices shall be fixed and not subject to revision for implementation during the first year of duration of the Contract.

At the beginning of the second and every following year of the Contract, 80% of each price may be revised upwards or downwards, if such revision is requested by one of the contracting parties by registered letter no later than three months before the anniversary of the date on which it was signed. The Agency shall purchase on the basis of the prices in force on the date on which order forms or specific contracts are signed. Such prices shall not be subject to revision.

This revision shall be determined by the trend in the harmonised indices of consumer prices (HICP) [complete]2 published for the first time by [the Publications Office of the European Union in the Eurostat monthly 'Data in Focus' publication at http://www.ec.europa.eu/eurostat/].

Revision shall be calculated in accordance with the following formula:

Ir

Pr = Po (0,2+0,8 — ) Io

where:

Pr = revised price;

Po = price in the original tender;

Io = index for the month corresponding to the final date for submission of tenders;

Ir = index for the month corresponding to the date of receipt of the letter requesting a revision of prices.

Within ten working days of an order form or a request for services being sent by the Agency to the Contractor, the Agency shall receive the completed order form or request for services back, duly signed and dated.

The period allowed for the execution of the tasks shall start to run on the date the Contractor signs the order form, unless a different date is indicated on the form.

I.3.4. Reimbursement of expensesIn addition to the total price specified in specific contract, travel, subsistence and shipment expenses shall be reimbursed in accordance with Article II.18, as shall other expenses provided for by the Tender Specifications. The daily subsistence allowance referred to in Article II.18.4 (d) shall be calculated by addition of the daily allowances' rate and the reimbursable accommodation expenses as shown in Annex IV.

2 Specify the consumer price index, e.g.:

“MUICP”: (euro area) for contracts expressed in euro (as a general rule);

“EICP”: for contracts performed in the European Union (outside the euro area);

consumer price index of the State in whose currency the contract price is expressed:

a) index of the State where the contractor is mainly based; or

b) index of the State where the service will be mainly carried out.


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http://www.ec.europa.eu/eurostat/


ARTICLE I.4 – PAYMENTS AND IMPLEMENTATION OF THE CONTRACT

I.4.1 Single framework contract Within ten working days of a specific contract being sent by the Agency to the Contractor, the Agency shall receive it back, duly signed and dated.

The period allowed for the execution of the tasks shall start to run on the date indicated in the specific contract.

I.4.2 Interim paymentInvoices for interim payment shall be admissible if accompanied by a progress report in accordance with the instructions laid down in the relevant specific contract and [statements of reimbursable expenses in accordance with Article II.18].]

The Agency shall have forty-five days from receipt to approve or reject the progress report, and the Contractor shall have fifteen days in which to submit additional information or a new progress report.

The Contractor shall submit an admissible invoice, indicating the reference number of the Contract and of the specific contract to which it refers, for an interim payment equal to [complete] % of the total price referred to in the relevant specific contract.

Provided the progress report has been approved, the Agency shall have thirty days from the date of receipt of the relevant invoice to pay an interim payment

I.4.3 Payment of the balanceWithin sixty days of completion of the tasks referred to in each order form or specific contract, the Contractor shall submit an admissible invoice, indicating the reference number of the Contract and of the specific contract to which it refers, for payment of the balance.

The Agency shall have forty-five days from receipt to approve or reject the final progress report, and the Contractor shall have fifteen days in which to submit additional information or a new final progress report.

Provided the final progress report has been approved, the Agency shall have thirty days from the date of receipt of the relevant invoice to pay the balance.

ARTICLE I.5 – BANK ACCOUNT

Payments shall be made to the Contractor’s bank account denominated in euro, identified as follows:

Name of bank:

Address of branch in full:

Exact designation of account holder:

Full account number including codes:

IBAN code:

BIC/SWIFT:

ARTICLE I.6 – GENERAL ADMINISTRATIVE PROVISIONS

Any communication relating to the Contract or to its implementation shall be made in writing in paper or electronic format and shall bear the Contract and order form or specific contract numbers. Ordinary


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mail shall be deemed to have been received by the Agency on the date on which it is registered by the unit responsible indicated below.

Electronic communication must be confirmed by paper communication when requested by any of the parties. The parties agree that paper communication can be replaced by electronic communication with electronic signature.

Communications shall be sent to the following addresses:

Agency:

European Agency for Safety and Health at Work

Unit [complete]

Gran Vía, 33

E-48009 Bilbao

Spain

Contractor:

Mr/Mrs/Ms [complete]

[Function]

[Company name]

[Official address in full]

ARTICLE I.7 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

I.7.1 The Contract shall be governed by Union law, complemented, where necessary, by the national substantive law of Spain.

I.7.2 Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of Bilbao.

ARTICLE I.8 – DATA PROTECTION

Any personal data included in the Contract shall be processed pursuant to Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Such data shall be processed solely for the purposes of the performance, management and monitoring of the Contract by the Agency acting as data controller without prejudice to possible transmission to the bodies charged with monitoring or inspection task in application of Union law.


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ARTICLE I.9 - USE OF THE RESULTS

I.9.1 Modes of exploitationAll materials/reports, website layout or content, computations, documented data, database format and data, produced within this Contract and for which the rights vest in the Union and thereby the Union has acquired the ownership in accordance with Article II.10 may be used in the following way:

[i) distribution:

publishing in paper copies

publishing in electronic form as downloadable/non-downloadable file

making available on internet

public presentation or display

communication through a press information services,

inclusion in widely accessible databases or indexes

in any form and by any method existing at this date and in the future

giving access on individual requests without right to reproduce or exploit, as provided for by Regulation 1049/2001 regarding public access to European Parliament, Council and Agency documents

ii) storage:

in paper format

in electronic format

in original format

iii) archiving in line with the applicable document management rules

iv) modifications made by the Agency or by a third party:

shortening

making a summary

modification of the content

technical changes to the content:

o necessary correction of technical errors

o adding new parts or functionalities

o changing functionalities

o providing third parties with additional information concerning the result (e.g. source code)

addition of new elements, paragraphs titles, leads, bolds, legend, table of content, summary, graphics, subtitles, sound, etc.,

preparation in audio form, preparation as a presentation, animation, pictograms story, slide-show, public presentation etc.

extracting a part or dividing into parts

use of a concept or preparation of a derivate work

digitisation or converting the format for storage or usage purposes

translate, subtitle, dub

v) language versions:


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official languages of EU

languages of candidate countries

This list may be further specified in the Specific Contract.

Where the Agency becomes aware that scope of modifications exceeds the scope envisaged in the Contract the creator shall be consulted. The creator will be obliged to provide his response within two weeks. He shall provide his agreement including any suggestions of modifications free of charge. The creator may refuse the intended modification only when it may harm his honour, reputation or distort integrity of the work.

ARTICLE I.10 – TERMINATION BY EITHER CONTRACTING PARTY

Either contracting party may, of its own volition and without being required to pay compensation, terminate the Contract by serving [complete]3 formal prior notice. Should the Agency terminate the Contract, the Contractor shall only be entitled to payment corresponding to the part-performance of the services ordered before the termination date. Article II.14.4 applies accordingly.

ARTICLE I.11– CONTRACT CONCLUDED DURING STANDSTILL PERIOD

In case this Contract was signed by both the Agency and the Contractor before the expiry of 14 calendar days, this Contract shall be null and void.

This article is not applicable for contracts not covered by Directive 2004/18/EC and in cases indicated in Article 158a(2) of the rules for the implementation of the Financial Regulation (Regulation No 2342/2002).

ARTICLE I.12 – INTER-INSTITUTIONAL CONTRACT

[Not applicable]

[I.12.1 This framework contract is inter-institutional. The Agency acts on its own behalf and on behalf of the institutions and bodies referred to in Article 185 of the Financial Regulation ("the contracting authorities") for which it has received power of attorney before framework contract signature. The Agency signs the Contract and possible amendments on behalf of itself and all other contracting authorities.

I.12.2 The Agency is the leading Contracting Authority responsible for the Contract, representing all participating contracting authorities. Each Contracting Authority is responsible for particular order forms or specific contracts they award.

I.12.3 In the event of the Contractor having a complaint in relation to the conclusion, execution or termination of an order form or specific contract, the Contractor remains bound to his obligations under the Contract and other order forms or specific contracts. Without prejudice to Article 1.7, the Contractor expressly commits not to compensate or suspend the execution of other order forms or specific contracts.]

3 It is recommended to indicate 14 days or one month but depending on your assessment of the situation you may decide to settle for a longer period.


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[ARTICLE I.13 – OTHER SPECIAL CONDITIONS]

SIGNATURES

For the Contractor,

[Company name/forename/surname/function]

signature[s]: _______________________

For the Agency,

[forename/surname/function]

signature[s]:_____________________

Done at [place], [date] Done at Bilbao, [date]

In duplicate in English.


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ANNEX I

II – GENERAL CONDITIONS FOR SERVICE FRAMEWORK CONTRACTS

ARTICLE II. 1 – PERFORMANCE OF THE CONTRACT

II.1.1 The Contractor shall perform the Contract to the highest professional standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

II.1.2 The Contractor shall have sole responsibility for taking the necessary steps to obtain any permit or licence required for performance of the Contract under the laws and regulations in force at the place where the tasks assigned to him are to be executed.

II.1.3 Without prejudice to Article II.3 any reference made to the Contractor’s staff in the Contract shall relate exclusively to individuals involved in the performance of the Contract.

II.1.4 The Contractor must ensure that any staff performing the Contract has the professional qualifications and experience required for the execution of the tasks assigned to him.

II.1.5 The Contractor shall neither represent the Agency nor behave in any way that would give such an impression. The Contractor shall inform third parties that he does not belong to the European public service.

II.1.6 The Contractor shall have sole responsibility for the staff who execute the tasks assigned to him.

The Contractor shall make provision for the following employment or service relationships with his staff:

staff executing the tasks assigned to the Contractor may not be given orders direct by the Agency;

the Agency may not under any circumstances be considered to be the staff's employer and the said staff shall undertake not to invoke in respect of the Agency any right arising from the contractual relationship between the Agency and the Contractor.

II.1.7 In the event of disruption resulting from the action of a member of the Contractor's staff working on Agency premises or in the event of the expertise of a member of the Contractor's staff failing to correspond to the profile required by the Contract, the Contractor shall replace him without delay. The Agency shall have the right to request the replacement of any such member of staff, stating its reasons for so doing. Replacement staff must have the necessary qualifications and be capable of performing the Contract under the same contractual conditions. The Contractor shall be responsible for any delay in the execution of the tasks assigned to him resulting from the replacement of staff.

II.1.8 Should any unforeseen event, action or omission directly or indirectly hamper execution of the tasks, either partially or totally, the Contractor shall immediately and at his own initiative record it and report it to the Agency. The report shall include a description of the problem and an indication of the date on which it started and of the remedial action taken by the Contractor to ensure full compliance with his obligations under the Contract. In such event the Contractor shall give priority to solving the problem rather than determining liability.

II.1.9 Should the Contractor fail to perform his obligations under the Contract, the Agency may - without prejudice to its right to terminate the Contract - reduce or recover payments in proportion to the scale of the failure. In addition, the Agency may claim compensation or impose liquidated damages provided for in Article II.12.


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ARTICLE II. 2 – LIABILITY

II.2.1 The Agency shall not be liable for damage sustained by the Contractor in performance of the Contract except in the event of wilful misconduct or gross negligence on the part of the Agency.

II.2.2 The Contractor shall be liable for any loss or damage sustained by the Agency in performance of the Contract, including in the event of subcontracting under Article II.6 but only up to three times the total amount of the Contract. Nevertheless, if the damage or loss is caused by the gross negligence or wilful misconduct of the Contractor or by its employees, the Contractor shall remain liable without any limitation as to the amount of the damage or loss.

II.2.3 The Contractor shall provide compensation in the event of any action, claim or proceeding brought against the Agency by a third party as a result of damage caused by the Contractor in performance of the Contract.

II.2.4 In the event of any action brought by a third party against the Agency in connection with performance of the Contract, the Contractor shall assist the Agency. Expenditure incurred by the Contractor to this end may be borne by the Agency.

II.2.5 The Contractor shall take out insurance against risks and damage relating to performance of the Contract if required by the relevant applicable legislation. He shall take out supplementary insurance as reasonably required by standard practice in the industry. A copy of all the relevant insurance contracts shall be sent to the Agency should it so request.

ARTICLE II. 3 - CONFLICT OF INTERESTS

II.3.1 The Contractor shall take all necessary measures to prevent any situation that could compromise the impartial and objective performance of the Contract. Such conflict of interests could arise in particular as a result of economic interest, political or national affinity, family or emotional ties, or any other relevant connection or shared interest. Any conflict of interests which could arise during performance of the Contract must be notified to the Agency in writing without delay. In the event of such conflict, the Contractor shall immediately take all necessary steps to resolve it.

The Agency reserves the right to verify that such measures are adequate and may require additional measures to be taken, if necessary, within a time limit which it shall set. The Contractor shall ensure that his staff, board and directors are not placed in a situation which could give rise to conflict of interests. Without prejudice to Article II.1 the Contractor shall replace, immediately and without compensation from the Agency, any member of his staff exposed to such a situation.

II.3.2 The Contractor shall abstain from any contact likely to compromise his independence.

II.3.3 The Contractor declares:

that he has not made and will not make any offer of any type whatsoever from which an unjustified advantage can be derived under the Contract,

that he has not granted and will not grant, has not sought and will not seek, has not attempted and will not attempt to obtain, and has not accepted and will not accept, any advantage, financial or in kind, to or from any party whatsoever, where such advantage constitutes an illegal practice or involves corruption, either directly or indirectly, inasmuch as it is an incentive or reward relating to performance of the Contract.

II.3.4 The Contractor shall pass on all the relevant obligations in writing to his staff, board, and directors as well as to third parties involved in performance of the Contract.


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ARTICLE II. 4 – CONFIDENTIALITY

II.4.1. The Contractor undertakes to treat in the strictest confidence and not make use of or divulge to third parties any information or documents which are linked to performance of the Contract. The Contractor shall continue to be bound by this undertaking after completion of the tasks.

II.4.2. The Contractor shall obtain from each member of his staff, board and directors an undertaking that they will respect the confidentiality of any information which is linked, directly or indirectly, to execution of the tasks and that they will not divulge to third parties or use for their own benefit or that of any third party any document or information not available publicly, even after completion of the tasks.

ARTICLE II.5 - DATA PROTECTION

II.5.1 The Contractor shall have the right of access to his/her personal data and the right to rectify any such data. Should the Contractor have any queries concerning the processing of his/her personal data, s/he shall address them to the entity acting as data controller provided for in Article I.8.

II.5.2 The Contractor shall have right of recourse at any time to the European Data Protection Supervisor.

II.5.3 Where the Contract requires the processing of personal data by the Contractor, the Contractor may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data, and the means by which the data subject may exercise his/her rights.

II.5.4 The Contractor shall limit access to the data to the staff strictly necessary for the performance, management and monitoring of the Contract.

II.5.5 The Contractor undertakes to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:

a) prevent any unauthorised person from having access to computer systems processing personal data, and especially:

aa) unauthorised reading, copying, alteration or removal of storage media;

ab) unauthorised data input as well as any unauthorised disclosure, alteration or erasure of stored personal data;

ac) unauthorised use of data-processing systems by means of data transmission facilities;

b) ensure that authorised users of a data-processing system can access only the personal data to which their access right refers;

c) record which personal data have been communicated, when and to whom;

d) ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by the contracting institution or body;

e) ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorisation;

f) design its organisational structure in such a way that it meets data protection requirements.


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ARTICLE II. 6 – SUBCONTRACTING

II.6.1 The Contractor shall not subcontract without prior written authorisation from the Agency nor cause the Contract to be performed in fact by third parties.

II.6.2 Even where the Agency authorises the Contractor to subcontract to third parties, he shall none the less remain bound by his obligations to the Agency under the Contract and shall bear exclusive liability for proper performance of the Contract.

II.6.3 The Contractor shall make sure that the subcontract does not affect rights and guarantees to which the Agency is entitled by virtue of the Contract, notably Article II.20.

ARTICLE II. 7 – AMENDMENTS

Any amendment to the Contract shall be the subject of a written agreement concluded by the contracting parties before fulfilment of all their contractual obligations. An oral agreement shall not be binding on the contracting parties. An order form or a specific contract may not be deemed to constitute an amendment to the Contract.

ARTICLE II. 8 – ASSIGNMENT

II.8.1 The Contractor shall not assign the rights and obligations arising from the Contract, in whole or in part, without prior written authorisation from the Agency.

II.8.2 In the absence of such authorisation, or in the event of failure to observe the terms thereof, assignment by the Contractor shall not be enforceable against and shall have no effect on the Agency.

ARTICLE II.9 - USE, DISTRIBUTION AND PUBLICATION OF INFORMATION ABOUT THE CONTRACT

II.9.1 The Contractor shall authorise the Agency to process, use, distribute and publish, for whatever purpose, by whatever means and on whatever medium, any data contained in the Contract, in particular the identity of the Contractor, the subject matter, the duration and the amount paid. Where personal data is concerned, Article I.8 and II.5 shall apply.

II.9.2 Unless otherwise provided by the Special Conditions, the Agency shall not be required to distribute or publish documents or information supplied in performance of the Contract. If it decides not to distribute or publish the documents or information supplied, the Contractor may not have them distributed or published elsewhere without prior written authorisation from the Agency.

II.9.3 Any distribution or publication of information relating to the Contract or use of outcome of the implementation of the Contract and provided as such by the Contractor shall require prior written authorisation from the Agency and, if so requested, shall mention that it was produced within a contract with the Agency. It shall state that the opinions expressed are those of the Contractor only and do not represent the Agency's official position.


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II.9.4 The use of information obtained by the Contractor in the course of the Contract for purposes other than its performance shall be forbidden, unless the Agency has specifically given prior written authorisation to the contrary.

ARTICLE II. 10 – OWNERSHIP OF THE RESULTS - INTELLECTUAL AND INDUSTRIAL PROPERTY

II.10.1 A result shall be any outcome of the implementation of the Contract and provided as such by the Contractor.

A creator shall be any person who contributed to production of the result.

Pre-existing intellectual property rights, sometimes referred to as background technology, are any industrial and intellectual property rights which exist prior to the contract being entered into and include rights of ownership and use of the Contractor, the Agency and any third parties ("pre-existing rights").

It shall be a material term of the Contract and of the essence of the Contract that Contractors shall be under a duty to provide a list of pre-existing rights at the date of delivery of the final result the latest.

II.10.2 The ownership of all the results or rights thereon as listed in the tender specification and the tender attached to the contract, including copyright and other intellectual or industrial property rights, and all technological solutions and information embodied therein, obtained in performance of the Contract, shall be irrevocably and fully vested to the Union, which may use them as described in the Contract. All the rights shall be vested on the Union from the moment the results were delivered and accepted by the Agency.

For the avoidance of doubt and where applicable, any such vesting of rights is also deemed to constitute an effective transfer of the rights from the Contractor to the Union.

The payment of the fee under Article I.3 is deemed to include all forms of use by the Union of the results as set out in Article I.9.

The above vesting of rights in the Union under this Contract covers all territories worldwide and is valid for the whole duration of intellectual property rights protection.

II.10.3 Any intermediary sub-result, raw data, intermediary analysis made available to the Agency by the Contractor cannot be used by the Union without written consent of the Contractor, unless the tender specification explicitly provides for it to be treated as self-contained result.

II.10.4 The Contractor retains all right, title and interest in pre-existing rights not fully vested into the Union in line with Article I.9.2, and hereby grants the Union for the requested period a licence to use the pre-existing rights to the extent necessary to use the delivered results.

II.10.5 The Contractor shall ensure that delivered results are free of rights or claims from third parties including in relation to pre-existing rights, for any use envisaged by the Agency. This does not concern the moral rights of natural persons and rights referred to in Article II.10.4.

II.10.6 The Contractor shall clearly point out all quotations of existing textual works made by the Contractor. The complete reference should include as appropriate: name of the author, title of the work, date of publishing, date of creation, place of publication, address of publication on internet, number, volume and other information allowing to identify the origin easily.

II.10.7 The Contractor shall clearly indicate all parts to which there are pre-existing rights and all parts of the result originating from external sources: parts of other documents, images, graphs, tables, data, software, technical inventions, know-how etc. (delivered in paper, electronic or other form).

For non-textual results or results provided in electronic form only, the description, instruction or information document shall list all parts coming from external sources: IT development tools, routines, subroutines and/or other programs ("background technology"), concepts, designs, installations or pieces of art, data, source or background materials or any other parts of external origin.


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II.10.8 If the Agency so requires, the Contractor shall provide proof of ownership or rights to use all necessary rights to the materials referred to in Article II.10.7.

II.10.9. By delivering the results the Contractor confirms that the creators undertake not to oppose their names being recalled when the results are presented to the public and confirms that the results can be divulged.

The Contractor shall possess all relevant agreements of the creator and provide proof by way of documentary evidence.

II.10.10. By delivering the results the Contractor warrants that the above transfer of rights does not violate any law or infringe any rights of others and that he possesses the relevant rights or powers to execute the transfer. He also warrants that he has paid or has verified payment of all fees including fees to collecting societies, related to the final results.

II.10.11. The Contractor shall indemnify and hold the Union harmless for all damages and cost incurred due to any claim brought by any third party including creators and intermediaries for any alleged breach of any intellectual, industrial or other property right based on the Union's use of the works and in relation to which the Contractor has granted the Union user rights.

ARTICLE II. 11 – FORCE MAJEURE

II.11.1 Force majeure shall mean any unforeseeable and exceptional situation or event beyond the control of the contracting parties which prevents either of them from performing any of their obligations under the Contract, was not due to error or negligence on their part or on the part of a subcontractor, and could not have been avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant case of force majeure.

II.11.2 Without prejudice to Article II.1.8, if either contracting party is faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.

II.11.3 Neither contracting party shall be held in breach of its contractual obligations if it has been prevented from performing them by force majeure. Where the Contractor is unable to perform his contractual obligations owing to force majeure, he shall have the right to remuneration only for tasks actually executed.

II.11.4 The contracting parties shall take the necessary measures to reduce damage to a minimum.

ARTICLE II. 12 – LIQUIDATED DAMAGES

Should the Contractor fail to perform his obligations under the Contract within the time limits set by the Contract, then, without prejudice to the Contractor's actual or potential liability incurred in relation to the Contract or to the Agency's right to terminate the Contract, the Agency may decide to impose liquidated damages per calendar day of delay according to the following formula:

0.3 x (V/d)

V is the price of the relevant purchase;

d is the duration specified in the relevant order form or specific contract expressed in days

The Contractor may submit arguments against this decision within thirty days of notification by registered letter with acknowledgement of receipt or equivalent. In the absence of reaction on his part or of written withdrawal by the Agency within thirty days of the receipt of such arguments, the decision


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imposing the liquidated damages shall become enforceable. These liquidated damages shall not be imposed where there is provision for interest for late completion. The Agency and the Contractor expressly acknowledge and agree that any sums payable under this article are in the nature of liquidated damages and not penalties, and represent a reasonable estimate of fair compensation for the losses that may be reasonably anticipated from such failure to perform obligations.

ARTICLE II. 13 – SUSPENSION OF THE CONTRACT

Without prejudice to the Agency's right to terminate the Contract, where the Contract is subject to substantial error, irregularity or fraud the Agency may suspend execution of the Contract, pending order forms or specific contracts or any part thereof. Suspension shall take effect on the day the Contractor receives notification by registered letter with acknowledgment of receipt or equivalent, or at a later date where the notification so provides. The Agency shall as soon as possible give notice to the Contractor to resume the service suspended or inform that it is proceeding with contract termination. The Contractor shall not be entitled to claim compensation on account of suspension of the Contract, of the order forms or specific contracts, or of part thereof.

ARTICLE II. 14 – TERMINATION BY THE AGENCY

II.14.1 The Agency may terminate the Contract, a pending order form or a specific contract in the following circumstances:

(a) where the Contractor is being wound up, is having his affairs administered by the courts, has entered into an arrangement with creditors, has suspended business activities, is the subject of proceedings concerning those matters, or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b) where the Contractor has not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country applicable to the Contract or those of the country where the Contract is to be performed;

(c) where the Agency has evidence or seriously suspects the Contractor or any related entity or person, of professional misconduct;

(d) where the Agency has evidence or seriously suspects the Contractor or any related entity or person, of fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;

(e) where the Agency has evidence or seriously suspects the Contractor or any related entity or person, of substantial errors, irregularities or fraud in the award procedure or the performance of the Contract;

(f) where the Contractor is in breach of his obligations under Article II.3;

(g) where the Contractor was guilty of misrepresentation in supplying the information required by the Agency as a condition of participation in the Contract procedure or failed to supply this information;

(h) where a change in the Contractor’s legal, financial, technical or organisational situation could, in the Agency’s opinion, have a significant effect on the performance of the Contract;

(i) where execution of the tasks under a pending order form or a specific contract has not actually commenced within fifteen days4 of the date foreseen, and the new date proposed, if any, is considered unacceptable by the Agency;

4 This period can be modified in the Special Conditions depending on the nature of the contract.


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(j) where the Contractor is unable, through his own fault, to obtain any permit or licence required for performance of the Contract;

(k) where the Contractor, after receiving formal notice in writing to comply, specifying the nature of the alleged failure, and after being given the opportunity to remedy the failure within a reasonable period following receipt of the formal notice, remains in serious breach of his contractual obligations;

(l) when due to the termination of the contract with one or more of the contractors there is no minimum required competition within the multiple framework contract with reopening of competition.

II.14.2 In case of force majeure, notified in accordance with Article II.11, either contracting party may terminate the Contract, where performance thereof cannot be ensured for a period corresponding to at least to one fifth of the period laid down in Article I.2.3.

II.14.3 Prior to termination under point c), d), e), h) or k), the Contractor shall be given the opportunity to submit his observations.

Termination shall take effect on the date on which a registered letter with acknowledgment of receipt terminating the Contract is received by the Contractor, or on any other date indicated in the letter of termination.

II.14.4 Consequences of terminationIn the event of the Agency terminating the Contract or a pending order form or specific contract in accordance with this article and without prejudice to any other measures provided for in the Contract, the Contractor shall waive any claim for consequential damages, including any loss of anticipated profits for uncompleted service. On receipt of the letter terminating the Contract, the Contractor shall take all appropriate measures to minimise costs, prevent damage, and cancel or reduce his commitments. He shall draw up the documents required by the Special Conditions for the tasks executed up to the date on which termination takes effect, within a period not exceeding sixty days from that date.

The Agency may claim compensation for any damage suffered and recover any sums paid to the Contractor under the Contract.

On termination the Agency may engage any other contractor to execute or complete the services. The Agency shall be entitled to claim from the Contractor all extra costs incurred in doing so, without prejudice to any other rights or guarantees it has under the Contract.

ARTICLE II.14 a – SUBSTANTIAL ERRORS, IRREGULARITIES AND FRAUD ATTRIBUTABLE TO THE CONTRACTOR

Where, after the award of the Contract, the award procedure or the performance of the Contract prove to have been subject to substantial errors, irregularities or fraud, and where such errors, irregularities or fraud are attributable to the Contractor, the Agency may refuse to make payments, may recover amounts already paid or may terminate all the contracts concluded with the Contractor, in proportion to the seriousness of the errors, irregularities of fraud.

ARTICLE II. 15 – INVOICING AND PAYMENTS

II.15.1 Pre-financing guaranteeWhere required by Article I.4 or if the pre-financing is over €150 000, the Contractor shall provide a financial guarantee in the form of a bank guarantee or equivalent supplied by a bank or an authorised


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financial institution (guarantor) to cover pre-financing under the Contract. Such guarantee may be replaced by a joint and several guarantee by a third party.

The guarantor shall pay to the Agency at its request an amount corresponding to payments made by it to the Contractor which have not yet been covered by equivalent service rendered on his part.

The guarantor shall stand as first-call guarantor and shall not require the Agency to have recourse against the principal debtor (the Contractor).

The guarantee shall specify that it enters into force at the latest on the date on which the Contractor receives the pre-financing. The guarantee shall be retained until the pre-financing has been cleared against interim payments or payment of the balance to the Contractor. It shall be released the following month or, in the absence of such clearing, four months after the issuance of a corresponding debit note. The cost of providing such guarantee shall be borne by the Contractor.

II.15.2 Interim payments and payment of the balancePayments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted.

At the end of each of the periods indicated in Annex II the Contractor shall submit to the Agency an invoice accompanied by the documents provided for in the Special Conditions.

If providing a progress report is a condition for payment, on receipt the Agency shall have the period of time indicated in the Special Conditions in which:

to approve it, with or without comments or reservations, or suspend such period and request additional information; or

to reject it and request a new progress report.

Approval of the progress report shall not imply recognition of the regularity or of the authenticity, completeness and correctness of the declarations and information it contains.

Where the Agency requests a new progress report because the one previously submitted has been rejected, this shall be submitted within the period of time indicated in the Special Conditions. The new progress report shall likewise be subject to the above provisions.

II.15.3. Payment currency and costsPayments are executed in the currency of the contract.

Costs of the transfer are borne in the following way:

costs of dispatch charged by the bank of the Agency are borne by the Agency,

cost of receipt charged by the bank of the Contractor are borne by the Contractor,

all costs of repeated transfer caused by one of the parties are borne by the party who caused repetition of the transfer.

ARTICLE II. 16 – GENERAL PROVISIONS CONCERNING PAYMENTS

II.16.1 Payments shall be deemed to have been made on the date on which the Agency's account is debited.

II.16.2 The payment periods referred to in Article I.4 may be suspended by the Agency at any time if it informs the Contractor that his invoice is not admissible, either because the amount is not due or because the necessary supporting documents have not been properly produced. The Agency may proceed with further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the invoice is admissible.

The Agency shall notify the Contractor accordingly and set out the reasons for the suspension by registered letter with acknowledgment of receipt or equivalent. Suspension shall take


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effect from the date of dispatch of the letter. The remainder of the period referred to in Article I.4 shall begin to run again once the suspension has been lifted.

II.16.3 In the event of late payment the Contractor shall be entitled to interest, provided the calculated interest exceeds EUR 200. In case interest does not exceed EUR 200, the Contractor may claim interest within two months of receiving the payment. Interest shall be calculated at the rate applied by the European Central Bank to its most recent main refinancing operations (“the reference rate”) plus seven percentage points (“the margin”). The reference rate in force on the first day of the month in which the payment is due shall apply. Such interest rate is published in the C series of the Official Journal of the European Union. Interest shall be payable for the period elapsing from the calendar day following expiry of the time limit for payment up to the day of payment. Suspension of payment by the Agency may not be deemed to constitute late payment.

ARTICLE II. 17 – TAXATION

II.17.1 The Contractor shall have sole responsibility for compliance with the tax laws which apply to him. Failure to comply shall make the relevant invoices invalid.

II.17.2 The Contractor recognises that the Agency is, as a rule, exempt from all taxes and duties, including value added tax (VAT), pursuant to the provisions of Articles 3 and 4 of the Protocol on the Privileges and Immunities of the European Union.

II.17.3 The Contractor shall accordingly complete the necessary formalities with the relevant authorities to ensure that the goods and services required for performance of the Contract are exempt from taxes and duties, including VAT.

II.17.4 Invoices presented by the Contractor shall indicate his place of taxation for VAT purposes and shall specify separately the amounts not including VAT and the amounts including VAT.

Article II. 18 - REIMBURSEMENTS

II.18.1 Where provided by the Special Conditions or by Annex II, the Agency shall reimburse the expenses that are directly connected with execution of the tasks on production of original supporting documents, including receipts and used tickets.

II.18.2 Travel and subsistence expenses shall be reimbursed, where appropriate, on the basis of the shortest itinerary.

II.18.3 Travel expenses shall be reimbursed as follows:

a) travel by air shall be reimbursed up to the maximum cost of an economy class ticket at the time of the reservation;

b) travel by boat or rail shall be reimbursed up to the maximum cost of a first class ticket;

c) travel by car shall be reimbursed at the rate of one first class rail ticket for the same journey and on the same day;

d) travel outside Union territory shall be reimbursed under the general conditions stated above provided the Agency has given its prior written agreement.

II.18.4 Subsistence expenses shall be reimbursed on the basis of a daily allowance as follows:

a) for journeys of less than 200 km (return trip) no subsistence allowance shall be payable;

b) daily subsistence allowance shall be payable only on receipt of a supporting document proving that the person concerned was present at the place of destination;


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c) daily subsistence allowance shall take the form of a flat-rate payment to cover all subsistence expenses, including accommodation, meals, local transport, insurance and sundries;

d) daily subsistence allowance, where applicable, shall be reimbursed at the rate specified in Article I.3.

II.18.5 The cost of shipment of equipment or unaccompanied luggage shall be reimbursed provided the Agency has given prior written authorisation.

II.18.6. Conversion between the euro and another currency shall be made using the daily euro exchange rate published in the C series of the Official Journal of the European Union of the day on which the expense was made or, failing that, at the monthly accounting rate established by the Agency and published on its website.

ARTICLE II. 19 – RECOVERY

II.19.1 If total payments made exceed the amount actually due or if recovery is justified in accordance with the terms of the Contract, the Contractor shall reimburse the appropriate amount in euro on receipt of the debit note, in the manner and within the time limits set by the Agency.

II.19.2 In the event of failure to pay by the deadline specified in the debit note, the sum due shall bear interest at the rate indicated in Article II.16.3. Interest shall be payable from the calendar day following the due date up to the calendar day on which the debt is repaid in full.

II.19.3 The Agency may, after informing the Contractor, recover amounts established as certain, of a fixed amount and due by offsetting, in cases where the Contractor also has a claim on the Union or the European Atomic Energy Community that is certain, of a fixed amount and due. The Agency may also claim against the guarantee, where provided for.

ARTICLE II. 20 – CHECKS AND AUDITS

II.20.1 Pursuant to Article 142 of the Financial Regulation applicable to the general budget of the European Communities, the Court of Auditors shall be empowered to audit the documents held by the natural or legal persons receiving payments from the budget of the Union from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.2 The Agency or an outside body of its choice shall have the same rights as the Court of Auditors for the purpose of checks and audits limited to compliance with contractual obligations from signature of the Contract up to five years after payment of the balance of the last implementation.

II.20.3 In addition, the European Anti-Fraud Office may carry out on-the-spot checks and inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 and Parliament and Council Regulation (EC) No 1073/1999 from signature of the Contract up to five years after payment of the balance of the last implementation.


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ANNEX IV TO FRAMEWORK CONTRACT

DAILY SUBSISTENCE ALLOWANCES FOR COUNTRIES IN THE EUROPEAN UNION (Staff Regulations)

DESTINATION Daily allowance in euros Hotel ceiling in eurosAustria 95 130Belgium 92 140Bulgaria 58 169Cyprus 93 145Czech Republic 75 155Denmark 120 150Estonia 71 110Finland 104 140France 95 150Germany 93 115Greece 82 140Hungary 72 150Ireland 104 150Italy 95 135Latvia 66 145Lithuania 68 115Luxembourg 92 145Malta 90 115Netherlands 93 170Poland 72 145Portugal 84 120Romania 52 170Slovakia 80 125Slovenia 70 110Spain 87 125Sweden 97 160United Kingdom 101 175


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Annex 8: Model of Specific Contract

SPECIFIC CONTRACT No ###implementing Framework Contract No ...

The European Agency for Safety and Health at Work (hereinafter referred to as "the Agency"), represented for the purposes of the signature of this contract by [forename, surname, function, unit]5,

of the one part,

and

[official name in full]

[official legal form]6

[statutory registration number]7

[official address in full]

[VAT registration number]

(hereinafter referred to as "the Contractor"), [represented for the purposes of the signature of this contract by [forename, surname and function,]]

[The parties identified above and hereinafter collectively referred to as ‘the Contractor’ shall be jointly and severally liable vis-à-vis the Agency for the performance of this contract.]

of the other part,

HAVE AGREED

ARTICLE I.1: SUBJECT

I.1.1 This specific contract implements Framework Contract No [complete] signed by the Agency and the Contractor on [complete date] [and renewed on [complete date].

I.1.2 The subject of this specific contract is [short description of subject]. [This specific contract relates to lot [complete] of the Framework Contract.]

I.1.3 The Contractor undertakes, on the terms set out in the Framework Contract and in this specific contract and the annex[es] thereto, which form an integral part thereof, to perform the following tasks [:] [specified in Annex [complete].]

5 The Agency representative must be an authorising officer.6 Delete if contractor is a natural person or a body governed by public law.7 Delete if contractor is a body governed by public law. For natural persons, indicate the number of their identity card or,

failing that, of their passport or equivalent.


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ARTICLE I.2: DURATION

I.2.1 This specific contract shall enter into force [on the date on which it is signed by the last contracting party]8 [on [insert date] if it has already been signed by both contracting parties].

I.2.2 The duration of the execution of the tasks shall not exceed [complete] [days/months]. This period and all other periods specified in the Contract are calculated in calendar days. Execution of the tasks shall start from [the date of entry into force of this specific contract] [insert date]. The period of execution of the tasks may be extended only with the express written agreement of the parties before such period elapses.

ARTICLE I.3: PRICE

I.3.1 The total price to be paid by the Agency under this specific contract shall be EUR [amount in figures and in words] covering all tasks executed.

This price also covers any fees payable to the Contractor in relation to the vesting of rights in the Union and where applicable the transfer of rights to the Union and any use of the results by the Agency.

[I.3.2 In addition to the price [no reimbursable expenses are foreseen.] [expenses up to the amount of EUR [amount in figures and in words] will be reimbursed according to the provisions of the Framework contract].]

ARTICLE I.4: PAYMENTS

I.4.1 Payments shall be executed only if the Contractor has fulfilled all his contractual obligations by the date on which the invoice is submitted.

The request for payment of the Contractor shall be admissible after acceptance by the Agency of the completed deliverables and if accompanied by the relevant invoices indicating the reference number of the Contract to which they refer, and after acceptance of the final report.

[I.4.2 Interim Payments]

[I.4.3 Payment of the balance]

ARTICLE I.5: BANK ACCOUNT

Payments shall be made to the Contractor’s bank account denominated in euro, identified as follows:

Name of bank:

8 As a rule the Agency signs last. In this case, the Contractor should be duly informed of the date on which the specific contract enters into force.


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Address of branch in full:

Exact designation of account holder:

Full account number including codes:

[IBAN code:]

ANNEXES

Annex A - Request for service

SIGNATURES

For the Contractor,

[Company name/forename/surname/function]

signature[s]: _______________________

For the Agency,

[forename/surname/function]

signature[s]:_____________________

Done at [place], [date] Done at Bilbao, [date]

In duplicate in English.


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